VietnameseCircular No. 10/2000/TT-BXD dated August 08, 2000 of the Ministry of Construction guiding the elaboration of reports on the assessment of environmental impacts for construction planning projects
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Circular No. 10/2000/TT-BXD dated August 08, 2000 of the Ministry of Construction guiding the elaboration of reports on the assessment of environmental impacts for construction planning projects
| Issuing body: | Ministry of Construction | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 10/2000/TT-BXD | Signer: | Nguyen Manh Kiem |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 08/08/2000 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Construction , Natural Resources - Environment |
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THE MINISTRY OF CONSTRUCTION ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No: 10/2000/TT-BXD | Hanoi, August 08, 2000 |
CIRCULAR
GUIDING THE ELABORATION OF REPORTS ON THE ASSESSMENT OF ENVIRONMENTAL IMPACTS FOR CONSTRUCTION PLANNING PROJECTS
Pursuant to the December 27, 1993 Environment Protection Law;
Pursuant to the Government’s Decree No.15/CP of March 4, 1994 on the functions, tasks, powers and organizational structure of the Construction Ministry;
Pursuant to the Government’s Decree No.175/CP of October 18, 1994 guiding the implementation of the Environment Protection Law;
Pursuant to the Government’s Decree No.91/CP of August 17, 1994 promulgating the Regulation on the management of urban planning;
To enhance the environment protection work, ensuring the sustainable development of urban centers and rural population areas, the Construction Ministry hereby guides the elaboration of reports on the assessment of environmental impacts for construction planning projects as follows:
Pursuant to the Government’s Decree No.15/CP of March 4, 1994 on the functions, tasks, powers and organizational structure of the Construction Ministry;
Pursuant to the Government’s Decree No.175/CP of October 18, 1994 guiding the implementation of the Environment Protection Law;
Pursuant to the Government’s Decree No.91/CP of August 17, 1994 promulgating the Regulation on the management of urban planning;
To enhance the environment protection work, ensuring the sustainable development of urban centers and rural population areas, the Construction Ministry hereby guides the elaboration of reports on the assessment of environmental impacts for construction planning projects as follows:
I. GENERAL PRINCIPLES
1. Objectives of the elaboration of reports on the assessment of environmental impacts for construction planning projects
Reports on the assessment of environmental impacts (hereinafter referred to as AEI reports for short) constitute part of contents of urban construction planning projects. The elaboration of AEI reports for construction planning projects is aimed at:
1.1. Concretizing Article 9, Chapter III of the Government’s Decree No.175/CP of October 18, 1994, which stipulates that investors and project owners shall have to conduct AEI when elaborating general planning projects for regional development, plannings and plans for development of branches, provinces or centrally-run cities as well as plannings for urban centers and population areas.
1.2. Analyzing, assessing the real situation on environment; forecasting the demand for use and exploitation of natural resources in service of the urban and rural development objectives; forecasting wastes which cause environmental pollution and possible adverse impacts of the expected construction planning projects’ activities, thereby proposing the finalization of designing solutions to construction plannings as well as appropriate policies and measures for environment protection, prevention or treatment of environmental pollution, ensuring the stable and sustainable development of urban centers and rural population areas.
1.3. Establishing bases for managing the construction according to plannings, inspecting and overseeing the environment in urban centers and rural population areas in the renovation and development process.
2. Objects of application
All projects for construction planning, including regional and territorial construction plannings, general plannings and detailed plannings of urban centers and rural population areas as well as specialized construction plannings shall be subject to elaboration of the AEI reports.
For detailed planning projects on the grounds of investment projects for construction of concentrated areas like new urban centers, industrial parks or other functional zones, which are carried out by an investor assigned or leased land by the State, the AEI reports shall be made only once in the investment preparation stage.
3. Interpretation of a number of terms
- Environment: means natural factors and artificial material factors which are closely inter-related, surround the human beings and affect the life, production as well as the existence and development of man and nature.
- Base environment: means the present environmental status within the scope and boundaries of construction planning elaboration, and relevant areas affected by the projected construction planning activities.
- Environmental components: mean such elements composing the environment as the air, water, subterrestrial layers, sound, light, earth bed, mountains, forests, rivers, lakes, seas, living things, ecological systems, population areas, production areas, nature preservation areas, natural sceneries, scenic places, historical relics and other material forms.
- Ecological system: means a system of populations of living things that cohabit and develop in a certain environment, are interacted and related to the environment.
- Assessment of environmental impacts (AEI): is the process of studying, identifying, forecasting and analyzing important environmental impacts of a project with a view to supplying necessary information to raise the quality of decision making.
- Screening: is a job that should be done in the initial stage of AEI study, which aims to analyze the scale, scope and extent of a project’s environmental impacts, thereby determining the AEI extent and necessity to make AEI.
- AEI scope: means the limits in space, contents, origin and focal matters to be studied for AEI as well as the evolving process of environmental impacts temporally in each planning period.
- Environmental incidents: mean accidents or risks incurred in the process of human�s activities or abnormal natural changes, which cause the serious environmental degradation.
- Environmental degradation: means qualitative and quantitative changes of the environmental components, which adversely affect the human life and nature.
- Environmental pollutants: include physical, chemical and biological pollutants and other substances that make the environment hazardous.
- Environmental pollution: means changes caused to the nature of the environment, breaching the State�s environment protection standards.
- Environment protection standards: mean criteria and limits prescribed by the competent State agencies to serve as basis for environment management and protection.
4. Bases for the elaboration of AEI reports:
Bases for the elaboration of AEI reports for construction planning projects include:
4.1. Construction planning projects elaborated by organizations with legal person status;
4.2. Necessary information on the present status of the environment and relevant planning forecasts;
4.3. Technical standards and regulations issued by the competent State agencies (see Appendix I);
4.4. The State’s relevant legal documents (Appendix II).
5. The AEI order and methods
5.1. The major steps of AEI for construction planning projects include:
a/ Screening to determine the necessity and extent of elaboration of the AEI reports for construction planning projects.
b/ Determining the AEI scope
The AEI scope for construction planning projects includes: space, time and affected environmental components:
- Regarding the space: The AEI scope and boundaries may be determined on the basis of the scope and boundaries for elaboration of construction plannings and adjacent territories, which are affected directly by the projected construction planning activities;
- Regarding time: The time shall be determined according to the construction planning elaboration time-limits;
- The environmental components associated to the AEI space and time.
In order to determine the AEI scope, it is necessary to study and sum-up impacts of the construction planning activities as well as the areas which may be affected, stating the intensity, duration and consequences of the impacts.
c/ Elaboration of the AEI reports
The AEI reports for construction planning projects shall be made according to the following two steps:
- Step 1: To make the preliminary AEI report, which is prepared in the stage of setting the tasks of designing the construction planning and mainly applicable to the regional construction plannings and general plannings of urban centers of grades I and II as well as to special cases where it is deemed necessary, serving as basis for selection of the optimum construction planning designs and creation of the detailed AEI schemes;
- Step 2: To make the detailed AEI report, which is carried out in the stage of designing the construction plannings to be submitted to the competent State authorities for ratification.
d/ Evaluation and ratification of the AEI reports
The evaluation and ratification of the AEI reports for construction planning projects shall be carried out simultaneously with the evaluation and ratification of the construction plannings projects.
e/ AEI management and supervision plans
The ratified AEI reports shall serve as basis for the elaboration of plans on management as well as programs on observation and supervision of environmental impacts in the process of executing the plannings such as elaborating construction planning projects at lower levels, carrying out the investment preparation work of construction projects, and the process of managing the construction according to plannings.
5.2. AEI methods
The selection of AEI methods shall depend on specific conditions, aimed at ensuring the efficiency in determining impacts, investigating and observing them and assessing the expositions thereon, thereby selecting and making right conclusions on the general impacts within the AEI scope.
Depending on specific conditions, the following AEI methods may be selected and applied:
- The enumeration method;
- The matrix method;
- The network method;
- The environmental index method;
- The benefit/cost analysis method;
- The method of simulation workshop for experts’ opinions;
- The GIS (geological information system) method;
- The modeling method, etc.
6. Contents of AEI reports
The principal contents of a AEI report include:
6.1. Investigating, surveying, observing and assessing the environment’s present status;
6.2. Forecasting the construction plannings’ impacts on the natural and social environment, including:
- Determining factors or sources that exert cause environmental impacts and pollution;
- Determining substances that cause environmental impacts and pollution, the intensity and scope of impacts;
- Determining the impacted environmental objects or components, the impacts’ frequency and consequences (negative or positive, scope of affecting...) and reasons therefor.
6.3. Proposing the finalization of construction planning solutions and environment protection measures;
6.4. Working out plans and programs on management, observation and supervision of environmental impacts, ensuring the sustainable development of urban centers and rural population areas.
6.5. Drawing maps for assessment of the environment’s present status and forecasting environmental impacts of construction planning projects.
7. Responsibility and competence for elaboration, ratification and adjustment of AEI reports
7.1. Investors of construction planning projects shall have to elaborate AEI reports either by themselves (if they have legal person status) or hiring the functional consultant organizations to elaborate such reports according to law provisions;
7.2. The State agencies which have the responsibility or competence to submit for ratification, evaluate, ratify and adjust construction planning projects shall also be those with responsibility or competence to submit for ratification, evaluate, ratify and adjust the AEI reports of such construction planning projects. The ratification or adjustment of AEI reports of construction planning projects must be agreed upon by the competent State agencies in charge of environment protection.
8. AEI reports’ legal validity
The ratified AEI reports shall serve as legal basis for management of the implementation of construction plannings in the environmental aspect; monitoring and supervision of the environmental quality, the application of measures to diminish the pollution and manage the environmental impacts according to the ratified construction plannings.
II. ELABORATION OF AEI REPORTS FOR REGIONAL CONSTRUCTION PLANNING SCHEMES
1. Purposes:
The AEI for regional construction planning schemes is aimed at:
1.1. Supplying information on the present environmental status of the regions under the plannings; forecasting and assessing impacts of the projected regional construction planning activities, and proposing the finalization of designing solutions to the plannings as well as policies and measures for regional environment protection.
1.2. Establishing bases or tasks for elaborating the AEI reports for general planning projects for urban centers or rural population areas, the specialized construction plannings and investment construction projects in the region; as well as programs for AEI management and supervision in the course of managing the construction according to plannings.
2. Contents of the AEI reports for regional construction planning schemes:
The contents of an AEI report for a regional construction planning scheme include:
2.1. Introduction:
a/ The reasons and necessity to elaborate the AEI report;
b/ The purpose of the AEI report;
c/ The bases for elaboration of the AEI report;
d/ The AEI scope and limit;
e/ The AEI methods.
2.2. Brief description of the contens of the regional construction planning scheme
a/ For the preliminary AEI report-making step, the brief description of the contents of the designing task of the regional construction planning scheme includes:
- The scope and limit of studying the regional construction planning scheme;
- The time-limit for making the regional construction planning scheme;
- The outline of the region’s natural conditions and present situation;
- The regional economic and technical bases;
- The regional development options with concrete expositions on the options for spatial arrangement and technical infrastructure development (the wide-range infrastructure of national and regional levels);
- The first-phase construction planning tasks.
b/ For the detailed AEI report- making step, the brief description of the regional construction planning scheme includes:
- The scope and limit of studying the regional construction planning;
- The time-limit for making the regional construction planning schemes;
- The outline of the region’s natural conditions and present situation;
- The content and scale of investment in development of the regional economic and technical bases;
- The orientations for regional development in terms of spatial arrangement and wide-range infrastructure development (of national and regional levels);
- Phasing of development investment and contents of the first-phase construction planning.
2.3. Assessing the region’s present environmental status
a/ Summarizing lists of investigation and survey data as well as sources of information on the base environment;
b/ Generalizing the regional environment and ecological systems; the relations between ecological systems and the environment, including:
- The principal components of the human being’s living environment;
- The region’s typical ecological systems, distribution characteristics and necessary conditions for their existence and development.
c/ Assessing the current state of the regional environmental pollution
- Determining major environment- polluting sources: urban centers and population areas with low life quality (slums); industrial parks, warehouses; service establishments (health care, food catering, public activities, physical training and sports, tourism, etc.), the system of technical infrastructure works; garbage burial sites, cemeteries; agricultural production, exploitation of mineral resources and impacts of natural factors like air, climate, geology, radioactivity, flood and water logging, etc.
- Examining, determining types of waste (solid, liquid, gas, noise, radioactive...) which cause the regional environmental pollution, including: physical, chemical and biological pollutants, agents damaging the environment’s beauty as well as the regional sceneries;
- Assessing the situation of environmental pollution and its major causes such as:
+ The air environment and noises;
+ The water environment;
+ The soil environment;
+ Trees, sceneries or nature protection framework, historical and cultural relics, etc.
- Assessing the real state of the institutional framework and policies for the regional environment management and control.
2.4. Assessing environmental impacts of the regional construction planning schemes
a/ Forecasting the plannings’ factors that exert impacts on the environment and system of environment- polluting sources, including:
- Urban centers and rural population areas;
- Industrial parks, warehouses;
- System of public service centers and specialized centers;
- Tourist and health resorts as well as recreation and entertainment centers;
- Other special functional areas;
- Traffic system, technical infrastructure works, environmental hygienic establishments (waste water treatment stations, garbage dumps, cemeteries, etc.)
b/ Forecasting types of waste, their volumes, properties and frequencies..., which are discharged from the polluting sources (according to the plannings);
c/ Assessing environmental impacts of the regional planning schemes, clearly stating types of waste discharged from polluting sources into the air, water and soil as well as to the cultural and historical environments, sceneries and conditions for the existence and development of typical ecological systems.
d/ Making proposals and organizing the implementation thereof:
- Proposing the adjustment, supplement and finalization of designing solutions to the regional construction plannings;
- Proposing solutions, policies and measures for the protection and reduction of environmental pollution;
- Drawing up plans of action, including programs and plans for management, observation and supervision of environmental impacts as well as prioritized investment projects;
- Making proposals on institutional framework and policies for elaboration of the regional AEI reports
3. Dossiers of the AEI reports for regional construction planning schemes
A dossier of the AEI report for regional construction planning schemes includes:
3.1. Documents
a/ The brief AEI report;
b/ The general AEI report attached with the miniaturized drawings defined in Item 3.2 of this Circular and appendices to the relevant legal documents.
3.2. Drawings (color dossiers)
a/ The diagram on the AEI scope and boundaries
b/ The diagram on the assessment of the region’s present environmental status
c/ The diagram on the general AEI and environment protection solutions.
The drawings’ scales shall comply with the Construction Ministry’s regulations on making and approval of the regional construction planning schemes.
III. ELABORATION OF AEI REPORTS FOR GENERAL PLANNING PROJECTS
1. Purposes
The AEI for general planning projects for urban centers and rural population areas aims at:
1.1. Concretizing the AEI reports of the regional planning schemes (if any);
1.2. Supplying information on the present environmental status in urban centers and rural population areas, forecasting and assessing impacts of the general planning projects; proposing the finalization of designing solutions to the general plannings as well as policies and measures for environment protection.
1.3. Establishing bases or tasks for elaborating the AEI reports for detailed planning projects and specialized construction planning projects as well as construction investment projects; elaborating plans and programs for management and supervision of environmental impacts in the process of managing the construction according to plannings.
2. Contents of the AEI reports for general planning projects
The contents of the AEI report for general construction planning for urban centers and rural population areas include:
2.1. Introduction
a/ The reasons and necessity to elaborate the AEI report;
b/ The purpose of the AEI report;
c/ The bases for elaboration of the AEI report;
d/ The AEI scope and boundaries;
e/ The AEI methods.
2.2. Brief description of the contents of the general planning project
a/ For the preliminary AEI report-making step, the brief description of the contents of the designing task of the general planning includes:
- The scope and limit of the general planning study;
- The time-limit for elaboration of the general planning;
- The outline of the natural conditions and the present status of the concerned urban centers or rural population areas;
- The economic-technical bases for the formulation and development of urban centers or rural population areas;
- The plans on structuring the construction plannings for urban centers or rural population areas with regard to the land selection, spatial arrangement and technical infrastructure development;
- The first-phase construction planning tasks.
b/ For the detailed AEI report-making step, the brief description of the contents of the general planning includes:
- The scope and limit of the general planning study;
- The time-limit for elaboration of the general planning;
- The overview on the natural conditions and present environmental status;
- The investment contents and scope or economic-technical bases for the creation and development of urban centers or rural population areas;
- The orientation for special development in urban centers or rural population areas;
- The orientation for infrastructure development in urban centers or rural population areas;
- Phasing of development investment and the first-phase construction planning.
2.3. Assessing the present environmental status in urban centers or rural population areas
a/ Summarizing lists of investigation and survey data as well as sources of information on the base environment;
b/ Outlining the situation on the environment and typical ecological systems; the relations between ecological systems and the environment:
- Major components of the human being’s living environment;
- Typical ecological systems and distribution characteristics as well as necessary conditions for their existence and development.
c/ Assessing the present situation of environmental pollution in urban centers and rural population areas:
- Determining the environment-polluting sources such as:
+ Low-quality residential quarters, slums;
+ Industrial parks, warehouses;
+ Service establishments like health care, food catering, public activities, tourism;
+ Technical infrastructure works, environmental sanitation facilities (garbage dumps, cemeteries);
+ Activities of agricultural production, exploitation of mineral resources;
+ Natural factors: air, climate, seism, radioactivity and flood situation.
- Determining types of waste (solid, liquid, gas, noise...) that cause environmental pollution, including physical, chemical and biological pollutants as well as agents damaging the environment’s beauty and sceneries.
- Assessing the situation of environmental pollution and its major cases such as:
+ The air environment and noises;
+ The water environment;
+ The soil environment;
+ Trees, landscapes, greenery and nature protection framework, historical and cultural relics...
- Assessing the real status of institutional framework, policies for management and control of the environment in urban centers or rural population areas.
2.4. Assessing environmental impacts of general planning projects
a/ Forecasting the plannings’ factors that exert impacts on the environment as well as the system of environment-polluting sources, including:
- Residential quarters.
- Industrial parks, warehouses.
- System of public-service centers and specialized centers.
- Parks, tourist and health resorts as well as recreation centers.
- Other special functional areas.
- Traffic system, technical infrastructure works, environmental sanitation facilities (water treatment stations, rubbish dumps, solid wastes, cemeteries...)
b/ Forecasting types of waste, their volumes, nature, characters, distribution and frequencies..., which are discharged from polluting sources.
c/ Assessing environmental impacts of general planning projects, clearly pointing out types of waste discharged from polluting sources into the air, water and soil environments as well as the cultural and historical environments, sceneries and conditions for the existence and development of typical ecological systems.
d/ Making proposals and organizing the implementation thereof
- Proposing the adjustment, supplement and finalization of designing solutions to construction plannings of urban centers or rural population areas;
- Proposing policies and measures for environment protection and reduction of environmental pollution;
- Drawing up plans of action, including programs and plans for management, observation and supervision of environmental impacts and prioritized investment projects;
- Proposing the institutional framework of policies for elaboration and supervision of the AEI reports for general planning projects.
3. Dossiers of the AEI reports for general planning projects
3.1. Documents
a/ The brief AEI reports.
b/ The sum-up AEI reports enclosed with miniaturized drawings, appendices and relevant legal documents.
For urban centers of grades I and II or higher level, the AEI reports may be separated from the expositions on the general plannings; for urban centers of other grades as well as for rural population areas, the AEI reports shall be made into a chapter of the expositions on the general plannings, which may not include unnecessary contents guided in Item 2.2, Clause 2, Part III of this Circular.
3.2. Drawings (color dossiers)
a/ The diagram on AEI scope and boundaries.
b/ The map on the present environmental status.
c/ The map on the general AEI assessment and environment protection solutions.
The drawings’ scales shall comply with the Construction Ministry’s regulations on the elaboration, examination and approval of general planning projects.
IV. ELABORATION OF AEI REPORTS FOR DETAILED PLANNING AND SPECIALIZED CONSTRUCTION PLANNING PROJECTS
1. Purposes
The AEI for detailed planning and specialized construction planning projects aims at:
1.1. Concretizing the AEI reports of regional construction planning schemes and general plannings;
1.2. Supplying information on the present environmental situation of the regions under the detailed plannings and specialized construction plannings; forecasting and assessing the detailed plannings’ impacts; proposing the finalization of designing solutions to the detailed plannings; proposing policies and measures for environment protection;
1.3. Establishing bases for the elaboration of AEI reports for construction investment projects, working out plans and programs for management, observation and supervision of environmental impacts in the process of managing construction according to plannings.
2. Contents of an AEI report for a detailed planning or specialized construction planning project
2.1. Introduction
a/ The reasons and necessity for elaborating the AEI reports;
b/ The aims of the AEI report;
c/ The bases for elaboration of the AEI report;
d/ The AEI scope and limit;
e/ The AEI methods.
2.2. Brief description of the contents of the detailed planning or specialized construction planning project:
a/ The scope and limit of elaboration of the detailed planning or specialized construction planning;
b/ The outline of the natural conditions and the present situation of the regions under the design study for the detailed planning or specialized construction planning and land areas directly related thereto;
c/ The investment contents and scale, attached with the economic-technical norms selected for elaboration of the detailed planning or specialized construction planning;
d/ The disposition and structure of the detailed planning or specialized construction planning;
e/ The planning for construction of technical and social infrastructure network.
2.3. Assessing the present environmental situation within the scope of elaborating the detailed plannings or specialized construction plannings:
a/ Summarizing lists of investigation and survey data as well as sources of information on the base environment;
b/ Generalizing the environmental characteristics and typical ecological systems; the relationship between typical ecological systems and the environment;
c/ Assessing the present situation of environment pollution in the regions under the detailed plannings or specialized construction plannings;
- Determining the environment- polluting sources in the regions, including dwelling house, industrial, service and infrastructure projects and other natural factors;
- Determining types and volumes of wastes that cause the environment pollution, their distribution and spread situafactorstion;
- Assessing the environment pollution situation and causes of pollution to the air, noise, water environment, soil, trees, sceneries, historical and cultural relics...
d/ Assessing the real situation of institutional framework for environment management and control in the regions subject to the planning designs.
2.4. Assessing environmental impacts of the detailed planning projects or specialized construction planning projects:
a/ Forecasting environmental impacts caused by factors of the detailed plannings or specialized construction plannings, including: names of the planned construction projects, their scale, nature and distribution characteristics.
b/ Forecasting types of waste, waste treatment, distribution characteristics and frequencies, which are discharged by projects being the polluting sources;
c/ Assessing environmental impacts of the detailed planning or specialized construction planning projects, clearly stating types of waste discharged from the polluting sources and their impacts on the air, water and soil environments as well as the historical and cultural environments.
d/ Making proposals and organizing the implementation thereof:
- Proposing the adjustment, supplement and finalization of designing solutions to the detailed plannings or specialized construction plannings;
- Proposing policies and measures for environment protection and reduction of environment pollution;
- Working out plans of action, including programs and plans for management, observation and supervision of environmental impacts and prioritized investment projects.
- Proposing the institutional framework and policies for implementation and supervision of AEI reports.
3. Dossiers of the AEI reports for detailed plannings and specialized construction planning projects
3.1. Documents
The expositions on AEI reports may be made into a separate report or a chapter of the expositions on the detailed plannings or specialized construction plannings attached with the miniaturized drawings, appendices and relevant legal documents.
In cases where the AEI report constitute a chapter of the expositions, the unnecessary contents may pruned away as guided in Item 2.2, Clause 2, Part IV of this Circular.
3.2. Drawings (color dossiers)
a/ The diagram on the AEI scope and boundaries;
b/ The map on the present environmental situation;
c/ The map on the general assessment of environmental impacts and environment protection solutions.
The drawings’ scales shall comply with the Construction Ministry’s regulations on elaboration, examination and approval of the detailed planning and specialized construction planning projects.
V. ORGANIZATION OF IMPLEMENTATION
1. On the basis of this guiding Circular, the presidents of the People’s Committees of the provinces and centrally-run cities as well as leaders of relevant ministries and branches shall direct the elaboration, examination and approval of the AEI reports for construction planning projects of their respective branches and localities according to the responsibility assigned by the Government.
2. The chief architects of Hanoi and Ho Chi Minh cities, the directors of the provincial/municipal Construction Services shall, in coordination with the provincial/municipal Science, Technology and Environment Services, assist the presidents of the People’s Committees of the provinces and centrally-run cities in organizing and guiding the elaboration, examination and approval of the AEI reports for construction planning projects in their respective localities.
3. This Circular takes effect 15 days after its signing. In the course of organizing the implementation, if detecting any problem or difficulty, the presidents of the People’s Committees of the provinces and centrally-run cities as well as leaders of the relevant ministries, branches, organizations and individuals are requested to report them as well as their comments to the Ministry of Construction for study and settlement.
MINISTER OF CONSTRUCTION Nguyen Manh Kiem |
APPENDIX I
STANDARDS AND REGULATIONS USED FOR ELABORATION OF AEI REPORTS
1. For natural conditions and flood situation, to use the Construction Standards and Regulations, Vol.1-1996.
2. For the soil environment, to use the following standards and regulations:
- Methods of determination of degree of the soil erosion due to rain: TCVN 5929-1995.
- The allowed maximum limit of residues of plant protection chemicals in soil: TCVN 5941-1995.
3. For water environment, to use the following standards, regulations and rules:
- The Law on the Protection of Water Resources.
- The surface water quality standards: TCVN 5942-1995
- The coastal sea water quality standards: TCVN 5943-1995
- The underground water quality standards: TCVN 5944-1995.
- The branch standards: Water supply for exterior networks and projects: 20TCN-33-85.
- The branch standards: Water discharge for exterior networks and projects: 20TCN-51-84.
- Hygienic standards for daily-life water quality: Appendix 4.2- Construction Standards and Regulations Vol. 1- 1996.
- Requirements for instant drinking water quality: Appendix 4.3- Construction Standards and Regulations Vol. 1- 1996.
4. For air and noise environment, the following standards, regulations and rules shall be used:
4.1. The air
- The air quality standards: TCVN 5937- 1995
- The allowed maximum concentration of a number of toxic substances in the air: TCVN 5938-1995.
- The industrial gaseous waste standards for dust and inorganic substances: TCVN 5939- 1995.
- The industrial gaseous waste standards for organic wastes: TCVN 5940- 1995.
4.2. Noise
- The allowed maximum noise level in public and population areas: TCVN 5949-1998.
- The noise standards in different areas: Appendix V.2 of Decree No.175/CP of October 18, 1994.
- Acoustics - Noise of land transport means, the allowed noise level: TCVN 5948-1995.
5. For solid wastes and hazardous wastes, the Construction Standards and Regulations Vol. 1- 1996 shall be used.
6. For noise and traffic, the following standards, regulations and guidance shall apply:
- Land transport means- gaseous pollutants discharged from cars and motors with gasoline engines: TCVN 6431- 1998.
- Lead gasoline subject to technical requirements: TCVN 5690-1998
- Noises produced by land transport means when they stop: TCVN 6436- 1998.
- Air quality- exhaust of land transport means- the allowed maximum level: TCVN 6438-1998.
- The maximum noise level of land transport means: TCVN 5948-1995.
- The circular guiding the implementation of Clause 2, Article 71 of the Regulation on land road traffic safety as well as traffic order and safety in urban centers issued together with the Government’s Decree No.36/CP of May 29, 1995.
- Technical regulations for designing urban thoroughfares and public passages: 20 TCN 104-83.
7. For trees and sceneries, the Construction Standards and Regulations Vol. 1- 1996 shall be used.
8. For ecological systems, to use Vietnam’s Red Book: Fauna - 1992, and Flora - 1996.
9. For the improvement of slums, the Construction Standards and Regulations Vol. 1- 1996 shall be used.
10. For cultural and historical environments, to use the Ordinance on the protection and use of historical and cultural relics as well as scenic places- 1984 and legal documents guiding this Ordinance.
11. For health care and environment as well as cemeteries and burial, to use the following standards:
- Hygienic standards for drinking and daily-life water in the physical and chemical aspects: The Health Ministry, 505/BYT/QD, 1992.
- The hygienic standards for drinking and daily-life water in terms of bactericide and biology: The Health Ministry, 505/BYT/QD, 1992.
APPENDIX II
LEGAL DOCUMENTS USED FOR ELABORATION OF AEI REPORTS
1. The Environment Protection Law passed by the National Assembly of the Socialist Republic of Vietnam on December 27, 1993 and promulgated by the State President’s Order on January 10, 1994.
2. The Government’s Decree No.175/CP of October 18, 1994 guiding the implementation of the Environment Protection Law.
3. Directive No.36-CT/TW of June 25, 1998 of the Politburo on enhancing the environment protection work in the period of national industrialization and modernization.
4. Document No.3165/BKHCNMT-MTg of December 8, 1998 of the Ministry of Science, Technology and Environment guiding the implementation of the Politburo’s Directive No.36-CT/TW on environment protection work.
5. Document No.2249/BXD-KHCN of December 26, 1998 of the Ministry of Construction, guiding the implementation of the Politburo’s Directive No.36-CT/TW on the environment protection work.
6. The Government’s Decree No.91/CP of August 17, 1994 promulgating the Regulation on Investment and Construction Management.
7. Decision No.322/BXD-DT of December 28, 1993 of the Minister of Construction promulgating the Regulation on elaboration of urban planning projects.
8. Circular No.25/BXD-KTQH of August 22, 1995 of the Ministry of Construction guiding the consideration and approval of urban planning projects.
9. Circular No.03/BXD/KTQH of June 4, 1997 of the Ministry of Construction guiding the elaboration, consideration and approval of plannings for construction of towns and townships.
10. Document No.1485/MTg of September 10, 1993 of the Ministry of Science, Technology and Environment guiding the assessment of environmental impacts of economic-technical development projects.
11. Circular No.1100/TT-MTg of August 20, 1997 of the Ministry of Science, Technology and Environment guiding the elaboration and appraisal of reports on the assessment of environmental impacts of investment projects.
12. Circular No.1420 -MTg of November 26, 1994 of the Ministry of Science, Technology and Environment guiding the assessment of environmental impacts of construction investment projects.
13. Circular No.490/1998/TT-BKHCNMT of April 29, 1998 of the Ministry of Science, Technology and Environment guiding the elaboration and appraisal of reports on the assessment of environmental impacts for investment projects.
14. Decision No.1806-QD/MTg of December 31, 1994 of the Minister of Science, Technology and Environment promulgating the Regulation on organization and operation of the council for appraisal of reports on the assessment of environmental impacts and granting of environment licenses.
15. Circular No.715-MTg of April 3, 1995 of the Ministry of Science, Technology and Environment guiding the elaboration and appraisal of reports on the assessment of environmental impacts for foreign direct investment projects.
16. Official Dispatch No.812-MTg of April 17, 1996 of the Ministry of Science, Technology and Environment promulgating the application forms and model decision approving AEI reports.
17. Official Dispatch No.2592-MTg of November 12, 1996 of the Ministry of Science, technology and Environment on controlling sea pollution caused by waterway navigation means.
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