Regulations on environmental protection plan in Vietnam

by DungTran

Regulations on environmental protection plan in Vietnam. The subjects that must make an environmental protection plan and the contents of the environmental protection plan. Let us learn about this topic with LSX law firm as follow:

The subjects that must make an environmental protection plan and the contents of the environmental protection plan:

In addition to the cases where the investor must make an environmental impact assessment report in Vietnam, in other cases, the investor must make an environmental protection plan. Objects that must make an environmental protection plan include:

Firstly, the investment project is not subject to environmental impact assessment.

Secondly, production, business, and service plans are not subject to the formulation of investment projects for investors according to the provisions of the law on investment.

The contents of the environmental protection plan include:

Firstly, location of performance.

Secondly, type, technology, and scale of production, business, and service.

Thirdly, raw materials and the fuel used.

In addition, forecast of types of waste generated and other impacts on the environment.

Moreover, measures to treat waste and minimize adverse impacts on the environment.

Finally, organize the implementation of environmental protection measures.

Project owners, production, business, and service plans specified above; must make an environmental protection plan; and send it to the competent authority for consideration; and certification before implementing the project, production; business, or service plan. 

Responsibility for organizing the certification of the environmental protection plan

The environmental protection agency affiliated to the provincial People’s Committee shall certify the environmental protection plan of the following projects:

a) The project is located in 02 or more districts;

b) Projects on the sea where wastes are brought into the province for treatment;

c) The project has a large scale and is likely to have adverse impacts on the environment in the province according to the regulations of the Minister of Natural Resources and Environment.

The district-level People’s Committee shall certify the environmental protection plan of the project; production; business, and service plan in the locality, except for the projects specified in Clause 1 of this Article; The district-level People’s Committees may authorize the People’s Committees of communes; wards and townships (hereinafter collectively referred to as the commune-level People’s Committees) to certify the environmental protection plan for the project, production plan; etc. household-scale production, business, and services located in a commune.

Within 10 days after receiving the environmental protection plan, the competent agency specified in Clauses 1 and 2 of this Article must certify the registration of the environmental protection plan; in case of refusal to confirm the registration of the environmental protection plan, the competent agency must reply in writing and clearly state the reason. 

Responsibilities of project owners, owners of production, business, and service establishments after the environmental protection plan are certified

Organize the implementation of environmental protection measures according to the certified environmental protection plan.

In case of an environmental incident, the operation must be stopped; take remedial measures and immediately notify the People’s Committee of the commune; or the People’s Committee of the district where the project is implemented or a specialized agency in charge of environmental protection; under the People’s Committee of the province and relevant agencies.

Cooperate and provide all relevant information to the state management agency in charge of environmental protection for inspection and inspection.

Prepare and re-register the environmental protection plan for investment projects, production, business, and service plans in the following cases:

Firstly, change of location;

Secondly, failing to implement within 24 months from the date the environmental protection plan is certified.

5. In case a project, production, business or service project or plan changes its nature; or scale to the extent that it is required to make an environmental impact assessment report, the project investor or establishment owner production; business, and services must make an environmental impact assessment report and send it to a competent agency for appraisal and approval.

Hope this article about Regulations on environmental protection plan in Vietnam is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

What to do in the event of an environmental incident?

In case of environmental problems, the operation must be stopped. Implement remedial measures and report to the commune-level People’s Committee. Or the People’s Committee of the district where the project is implemented or the agency specialized in environmental protection. Belonging to the People’s Committee of the province, relevant agencies

What is the environmental protection plan?

An environmental protection plan is an environmental document that a production or service business needs to make before implementing an investment or production project. The environmental protection plan shows the contents and measures of environmental management and treatment that the enterprise proposes and commits to implement in the course of operation, production and business.

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