Decree No. 40/2019/ND-CP amending the decrees guiding the Law on Environmental Protection

DECREE

Amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 23, 2014 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 decrees detailing and guiding the implementation of the Law on Environmental Protection.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 18/2015/ND-CP of February 14, 2015, prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan (below referred to as Decree No. 18/2015/ND-CP)

1. To add the following Article 2a:

“Article 2a. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Main works or items of a project means main production lines or main construction investment items of an investment project which are mentioned in the feasibility study report, techno-economic report or dossier of such project.

2. Industrial park referred to in this Decree means a common name for industrial parks, export processing zones, support industry parks, eco-industrial parks, industrial-urban-service parks, hi-tech parks, and industrial complexes.”

2. To amend and supplement Article 8 as follows:

“Article 8. Strategic environmental assessment

1. Objects of strategic environmental assessment are provided in Appendix I, Section 1 of the Appendix to this Decree.

2. Agencies formulating strategies or master plans or agencies assigned to formulate strategies or master plans (below collectively referred to as agencies formulating strategies and master plans) for the objects referred to in Clause 1 of this Article shall carry out strategic environmental assessment and send dossiers of request for appraisal of strategic environmental assessment reports to agencies responsible for appraisal defined in Clause 1,
Article 16 of the Law on Environmental Protection. A dossier of request for appraisal of a strategic environmental assessment report shall be submitted directly or sent by post or an electronic file thereof shall be sent via the online public service system to the agency appraising strategic environmental assessment reports. Such dossier must comprise:

a/ One written request for appraisal of a strategic environmental assessment report, made according to Form No. 01 provided in Appendix V, Section I of the Appendix to this Decree;

b/ Nine copies of the report having the contents specified in Article 15 of the Law on Environmental Protection and the contents specified in Clause 5, Article 10 of this Decree;

c/ Nine copies of the draft strategy or master plan.

In case the appraisal council has more than 9 members, the agency formulating the strategy or master plan shall provide additional copies of the strategic environmental assessment report and draft strategy or master plan at the request of the appraisal-organizing agency.

3. Agencies formulating strategies or master plans shall take responsibility before law for results of the strategic environmental assessment as well as information and data in strategic environmental assessment reports.”

3. To amend Clause 4 of, and add Clauses 5, 6 ,7 and 8 to, Article 10 as follows:

“4. Agencies appraising strategic environmental assessment reports shall organize appraisal of a strategic environmental assessment report within 25 working days after receiving a complete and valid dossier.

5. Contents of appraisal of a strategic environmental assessment report:

a/ Legal bases for the formulation of the strategy or master plan and for the strategic environmental assessment;

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