Recently, the Government of Vietnam issued Decree 140/2006/ND-CP on environmental protection in the stages of formulation, appraisal, approval, and organization of the implementation of strategies, master plans, plans, programs, and development projects.
Appraisal and approval for the strategy, planning, and development plan related to environmental protection in Vietnam (Illustrative Image)
Pursuant to Article 7 of Decree 140/2006/ND-CP, the appraisal and approval for the strategy, planning, and development plan related to environmental protection are stipulated as follows:
- The content of the appraisal for strategies, planning, and development plans must include the content of environmental protection.
- The appraisal dossier for strategies, planning, and development plans, in addition to the documents as regulated, must also include the results of the strategic environmental assessment appraisal by the competent authority.
- The appraisal of strategic environmental assessment reports is implemented per the provisions of Article 17 of the Law on Environmental Protection. The competent authority responsible for appraising the strategic environmental assessment report must report the appraisal results to the head of the approving authority for the strategy, planning, and development plans as a basis for their approval.
- The authority to organize the appraisal of strategies, planning, and development plans is undertaken according to current legal regulations.
- During the appraisal process, the competent state authority may invite relevant Ministries, sectors, localities, consulting organizations, and scientists to participate in the appraisal based on contracts with the organizing authority and bear responsibility for the appraisal results.
- The organizing authority shall base itself on the opinions of the Ministries, sectors, localities, and participating organizations when requiring the presenting authority to explain and supplement the strategy, planning, and development plan.
- The time for the appraisal of the strategy, planning, and development plan shall not exceed 45 days from the date the appraisal authority receives the complete and valid dossier, excluding the time for amendments and supplements to the dossier.
- The authority to approve the strategy, planning, and development plan is implemented according to current legal regulations.
- The competent authority approving the strategy, planning, and development plan shall base itself on the dossier, the approval request submission, the appraisal report of the organizing authority, and the results of the strategic environmental assessment appraisal to deliberate and decide on the approval of the strategy, planning, and development plan. The contents of the approval decision must also include aspects of environmental protection.
- After the strategy, planning, and development plan are approved, the competent state authority must publicize it widely in the media for the populace to monitor, inspect, and supervise the implementation of the strategies, planning, and development plans.
For details, refer to Decree 140/2006/ND-CP, effective from December 16, 2006.
Ty Na
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