Circular No. 13/2012/TT-BGTVT dated April 24, 2012 of the Ministry of Transport amending and supplementing a number of articles of the Circular No. 09/2010/TT-BGTVT dated April 6, 2010 of the Minister of Transport on environmental protection in the development of transport infrastructure

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE CIRCULAR NO. 09/2010/TT-BGTVT DATED APRIL 6, 2010 OF THE MINISTER OF TRANSPORT ON ENVIRONMENTAL PROTECTION IN THE DEVELOPMENT OF TRANSPORT INFRASTRUCTURE

Pursuant to the Law on Environmental Protection dated November 29, 2005;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Decree No. 51/2008/ND-CP dated April 22, 2008 of the Government, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Decree No. 29/2011/ND-CP of the Government dated April 18, 2011, providing strategic environmental assessment, environmental impact assessment and environmental protection commitment;

At the proposal of the director of the Environment Department;

The Minister of Transport promulgates this Circular to amend and supplement a number of articles of Circular No. 09/2010/TT-BGTVT dated April 6, 2010 stipulating the environmental protection in the development of transport infrastructure.

Article 1.To amend and supplement a number of articles of Circular No. 09/2010/TT-BGTVT dated April 6, 2010, on environmental protection in the development of transport infrastructure

1. Article 3 is amended as follows:

"Article 3. Environmental protection in transport infrastructure development strategies, planning and plans

1. Organizations in charge of elaborating transport infrastructure development strategies, planning and plans under the management of the Ministry of Transport shall conduct the strategic environmental assessment under the Decree No. 29/2011/ND-CP of April 18, 2011 of the Government stipulating the strategic environmental assessment, environmental impact assessment and environmental protection commitment (below referred to as Decree No. 29/2011/ND-CP); the Circular No. 26/2011/TT-BTNMT dated July 18, 2011 detailing a number of articles of Decree No. 29/2011/ND-CP dated April 18, 2011 of the Government stipulating the strategic environmental assessment, environmental impact assessment and environmental protection commitment (below referred to as Circular No. 26/2011/TT-BTNMT).

2. The Ministry of Transport shall establish an appraisal council for strategic environmental assessment reports of transport infrastructure development strategies, planning and plans according to the Point c, Clause 1, Article 7 of the Decree No. 29/2011/ND-CP.

2. Clauses 1 and 2 of Article 4 are amended as follows:

"1. The investor of investment project on transport infrastructure construction shall:

a/ Make or hire a qualified consultancy service institution to make environmental impact assessment report or written environmental protection commitment under Decree No. 29/2011/ND-CP and Circular No. 26/2011/TT-BTNMT and comply with environmental protection measures stated in the environmental impact assessment report or the written environmental protection commitment approved by a competent authority;

b/ Abide by the provisions on the fee for appraisal of environmental impact assessment reports under Circular No. 218/2010/TT-BTC dated December 29, 2010 stipulating the rates, collection, remittance and use management of the fee for appraisal of environmental impact assessment reports.

2. The Ministry of Transport shall appraise and approve environmental impact assessment reports of projects falling under its competence as prescribed at Point b, Clause 2, Article 18 of Decree No. 29/2011/ND-CP."

3. Point e, Clause 4 of Article 5 is amended as follows:

"e/ Managing hazardous waste under the Circular No. 12/2011/TT-BTNMT dated April 14, 2011 of the Ministry of Natural Resources and Environment  stipulating the management of hazardous waste;"

Article 2.Effect

This Circular takes effect on July 1, 2012.

The Chief of the Ministry Office, the Ministry Chief Inspector, Directors of Departments, and the Director General of the Vietnam Road Administration, Directors of specialized departments, and Directors of Transport Services, heads of agencies and organizations and individuals concerned are liable to execute this Circular.-