EIA, Instruction for Report to the Direct Foreign Investment Project (MOSTE Instr. No. 715/QD-MTg, 1995)

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INSTRUCTION FOR GUIDANCE
ON SETTING UP AND APPRAISING
THE REPORT OF
ENVIRONMENTAL IMPACT ASSESSMENT
TO THE DIRECT FOREIGN INVESTMENT PROJECT
Ministry of Science, Technology and Environment
Instruction No. 715/QD-MTg
(3 April 1995)

• Pursuant to Environmental Protection Law;
• Pursuant to the Decree 175/CP on the Guidance for the Implementation of the Environmental Protection Law;
• Pursuant to the Decree 191/CP on the regulation of setting up, appraising and implementing the Direct Foreign Investment Project.

I.    GENERAL PRINCIPLES

2.    The appraisal results on environment in the process of consideration for issuing investment license and Report of appraise of Environmental Impact Assessment is one of the bases for consideration, issuing the project licence in the stages stipulated in the Decree 191/CP.

II.    IMPLEMENTATION STAGES

1.1.    Because the characteristics, forms of operation and technology and the impact significance on the environment of the project are quite different and in order to make favorable conditions to the foreign investors, as the policy of the government on the administration reform, some projects do not need to make reports on Environmental Impact Assessment (Appendix I). But the document needs to present all factors which can cause the impact on the environment and the measures to reduce at least the levels of pollution, and simultaneously commit to the responsibilities for environmental protection during the construction and operation of the project.

1.2.    The projects not covered in section 1.1 submitting the documents for investment licence need to have separate report (it could be a pact of the feasibility study report) addressing the factors impacting the environment (Appendix II) of the project. This is the basis for consideration by the Government Agency for Environmental Protection during the process of checking documents for licence.

The timing for environmental appraisal is not beyond 20 days since the date the government agency gets the documents.

2.     Design and Construction Stage

After issuing the investment licence, all projects need to compile the Report for Environmental Impact Assessment and submit to the Government Agency for Environmental Impact Assessment for appraisal as authorized at Appendix III of this Instruction. The appraisal form of the Environmental Impact Assessment report is the basis for the agency granting construction licence approving the design of all technological system and the equipment for pollution control. For granting construction licence, the project holder must have appraisal report for environmental impact assessment. The content for this report is mentioned in Appendix IV. The documents submitted as stipulated in Appendix V.

3.     The Stage of Construction Completion

When concluding the construction stage, before the work are listened for use, the Government agency for environmental protection must have tasks to joint with the agency granting construction licence to conduct the inspection of all waste treatment works and other safety measures regulated for environmental protection. If the work is found not to meet the environmental standards as approved, then request the project holder who must have the measures for treatment after appraisal, then the operation can be permitted. Following the environmental protection requirements are met, the Government Agency for Environmental protection will grant environment derange certificate.

The level that appraise the environment impact is responsible for inspection and granting environmental derange certificate but in all cases the local government office for environmental protection needs to be involved.

III.    APPRAISAL ORGANIZATION

The MOSTE appraise the project belonging to group Decree 191/CP and Appendix III of this Instruction.

All of the projects are appraised by the local office government for environmental protection.

Some specific projects, that are not under appraisal of the local government, but taking into consideration. The appraisal ability, the office of science, technology and environment can send proposal to MOSTE for appraisal authorization. At the time of MOSTE authorization the appraisal can be conducted and the appraisal results of the legal value.

Within 2 months of the date of receiving the report and the papers concerned as procedures regulated, the Government Agencies for Environmental protection must send "The Form Environmental Appraisal" (as sample mentioned in the Appendix VI) and inform the project holder of the appraisal results. At the same time the agency must inform the provincial People’s Committee and the office for science, technology and environment at the project location (if the project appraisal is the responsibility of MOSTE). In contrast, the projects appraisals that are the responsibility of the local Government must report the results to MOSTE after appraisal.

In special case for some important projects that are too complex, large scale, the projects in the list must submit to the National Assembly for consideration met within 2 months, the Government Agency for Environment must inform the project holders of the decision in the proper time (but not more than 90 days).

III.    ENVIRONMENTAL CRITERIA

In the case that the applicable standard is inadequate and not regulated or not applicable, the project holder must take permission to apply the equivalent standards of the countries that have provided the technology and equipment to Vietnam or apply the equivalent oratorio of a third country. At the permission issued by MOSTE, then the standard can be applicable.

For MOSTE Minister
Vice Minister
(signed and sealed) Le Quy An

• Government office (to Report)
• Ministries and the equivalent
• Provincial and City People’s Committee
• Department of Science, Technology and Environment
• File Ministry’s office, Environmental authority

APPENDIX I
THE PROJECTS THAT ARE NOT LISTED FOR EIA REPORT
WHEN APPLYING FOR INVESTMENT LICENSE

1. Constancy offices
2. Head offices (working offices)
3. Banking, finance
4. Telecommunication services, the Broadcasting stations under 50 kW (except Microwave stations)
5. Training and education (not having experimental workshops containing the toxic chemicals)
6. Book and Newspaper publication
7. Hotels
8. Super Market, Trade
9. Mechanical assembly and production
10. Trade services
11. Appeared
12. Animal food processing with the capacity not more than 10,000 tons/year
13. Textile (except dying, colour printing)
14. Consumer’s good production: shoe making, stationary (except printing inks all kinds)
15. Carpentry (except wood processing with chemicals)
16. Food services
17. Resettlement area not more than 500 households
18. Fresh water supply to the townships

APPENDIX II
REPORT ON INFLUENTIAL FACTORS TO THE ENVIRONMENT
(IN THE FILE FOR LICENCE)

1. Location, grown area
2. Newly built construction, expanding or upgrading
3. Capacity
4. Main products
5. Material, fuel, sub-material, chemical of main use (estimate of the types and quantities)
6. Technological diagram
7. Main equipment estimated list (quantity, main technical specifications)

1. Data for environmental status at the project location (quality of the surface and ground water, air quality soil, ecosystem).
2. When implementing, the main factors attesting the environment. Type estimation: discharge, water, solid waste, noise ...

Forecast of the degrees of impact to the environment that can take place.

APPENDIX III
THE CONTENTS FOR EIA REPORT

1. Name of the project.
2. Name of the project holder the office that prepared the socio-economic feasibility study, or similar document.
3. Main contents of the project, socio-economic benefits that can result from the project.
4. Project progress.
5. Project cost, the estimation of the project investment during the process of the project implementation.

1. Brief description of the socio-economic, natural resource geography conditions related at the project location.
2. Degrade pollution degrees at the project area.

1.     Description of the impact of the project implementation to each environmental factor in the project implementation area.  Presenting the features, scale, degrees and development according to each impact (according to the situation).

1. Impact to the Environmental composition: coiffeur quality air quality, atmosphere, soil...)

2. Impacts to the biological resources types and ecosystems.

1. Aquatic biological resources.
2. Terrestrial biological resources.

3. Impacts to the economic activities, technical infrastructure:

1. Water supply
2. Transportation
3. Agriculture
4. Irrigation
5. Energy
6. Mineral exploitation
7. Industry
8. Small scale industry
9. Land use for different purposes
10. Recreation, Health protection

4. Impact related to the people’s quality of life.

1. Other economic activity, social activity
2. Historical-cultural relics

Analyze the environmental associated with each alternative for project implementation.

The Environmental and Natural resources damages of each alternative the mitigating measures.

The compression of the benefit/cost and the socio-economic advantage/disadvantage, and the environmental resources as well, of each alternative.

4.     General evaluation. General assessment of the degrees of confidence of the EIA forecast. The rehearse, survey and investigation that is need to achieve a reliable conduction and need to have adjustment for EIA forecast in the future.

IV.     Recommendation for Environmental Protection Alternative

1. Recommendation for selection of the project implementation from the perspective of environmental protection.
2. Recommendation for the environmental protection measures associated with the technical options, the technology for waste processing, the achieved criteria after processing.

APPENDIX IV

Socialist Republic of Vietnam
Independence - Freedom - Happiness

Date:

Name of the project:

Project Holder:

Address:

Tel:                                Fax:

Investment licence No. _____________ dated _________________

permitted by Prime minister                               SCCI 

The documents consisted of:

• Technica economic project (1 Vietnamese version)
• EIA report (9 Vietnamese versions and 1 English version)

PROJECT DIRECTOR
(or Investor)
Sign

APPENDIX V

6.1.    The content of the EIA report is accepted
6.2.    The contents of the EIA Report need additional information (Note the timing for implementation).
6.3.    The Environmental protection options need additional information (Note the timing and contend for Implementation).

                            MOSTE MINISTER                             (or the local Government Agency                             for Environmental protection)

• As above
• SCCI
• City, provincial People’s Committee (where project is implemented)
• SOFWER
• Technological promotion Department - MOSTE
• Environmental Agency
• File

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