Decree No. 35/2014/ND-CP dated April 29, 2014 of the Government on amending and supplementing some articles of the Decree No. 29/2011/ND-CP dated April 18, 2011 of the Government providing strategic environmental assessment, environmental impact assessment and environmental protection commitment

DECREE

Amending and supplementing a number of articles of
the Government’s Decree No. 29/2011/ND-CP of April 18, 2011, providing strategic environmental assessment,
environmental impact assessment and environmental
protection commitment[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

At the proposal of the Minister of Natural Resources and Environment,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 29/2011/ND-CP of April 18, 2011, providing strategic environmental assessment, environmental impact assessment and environmental protection commitment.

Article 1. To amend and supplement Clause 3, Article 39 of the Government’s Decree No. 29/2011/ND-CP of April 18, 2011, providing strategic environmental assessment, environmental impact assessment and environmental protection commitment (below referred to as Decree No. 29/2011/ND-CP) as follows:

“3. Consolidated production, business or service zones or production, business or service establishments (below referred to as establishments) that, by June 5, 2011, have been put into operation but still failed to obtain decisions approving environmental impact assessment reports, decisions approving supplementary environmental impact assessment reports, registration certificate of environmental standard conformity, written environmental protection commitments shall, in addition to being handled for their violations under law, take either of the following remedies before December 31, 2014:

a/ Making a detailed environmental protection plan, for establishments of size and nature similar to the subjects obliged to make environmental impact assessment reports provided in Clause 1, Article 12 of Decree No. 29/2011/ND-CP, and submit it to a competent agency defined in Clause 2, Article 18 of Decree No. 29/2011/ND-CP for appraisal and approval;

b/ Making a simple environmental protection plan, for establishments of size and nature similar to the subjects obliged to register written environmental protection commitments provided in Article 29 of Decree No. 29/2011/ND-CP, and submit it to a competent agency defined in Article 32 of Decree No. 29/2011/ND-CP for registration”.

Article 2. Implementation responsibility

1. The Minister of Natural Resources and Environment shall guide and organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.  

Article 3. Effect

1. This Decree takes effect on June 15, 2014.

2. This Decree supersedes Clause 3, Article 39 of Decree No. 29/2011/ND-CP of April 18, 2011, providing strategic environmental assessment, environmental impact assessment and environmental protection commitment.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG