EIA, Instruction for Guiding
Operating Units (MOSTE Instr. No. 1420/QD-MTg, 1994)
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INSTRUCTION
FOR GUIDING
ENVIRONMENTAL
IMPACT ASSESSMENT
TO
THE OPERATING UNITS
Ministry
of Science, Technology and Environment
Instruction
No. 1420/QD-MTg
(26
December 1994)
| I. |
GENERAL PRINCIPLES |
| II. |
CLASSIFICATION OF THE OPERATING
UNITS |
| III. |
REQUIREMENT FOR REPORT QUALITY AND
APPRAISAL OF THE REPORTS FOR ENVIRONMENTAL IMPACT ASSESSMENT |
| APPENDIX
I |
INVENTORY OF PROPORTION ACTIVITIES IMPACTING
THE ENVIRONMENT |
| APPENDIX
II |
THE CONTENT FOR REPORT OF ENVIRONMENTAL
IMPACT ASSESSMENT TO THE OPERATING UNITS |
The Ministry of Science,
Technology and Environment provides the guidance for implementing Environmental
Impact Assessment to the operating units as follows:
I.
General Principles
The ministries, sectors
and the equivalent guide the constituent units to carry out Report for
Environmental Impact Assessment and submit to the national or local agencies
for Environmental protection for appraisal, as following the Decree
175/CP, at the same time to ensure the progress of this Instruction.
The provincial and city
people’s committee under the central government will guide the office for
science, technology and Environmental Impact Assessment and organize the
appraisal at the authorized level in the Decree
175/CP and ensure the general timing of this instruction.
II.
Classification of the Operating Units
The services for science,
technology and environment bases on the characteristics of the operations
and the degrees of pollution, making statistic list of the operating units
and classify into 4 categories as follows:
-
The units that do not need
to make a report of Environmental Impact Assessment:
-
Head offices
-
Banking, finances
-
Communication
-
Schools
-
Books and stationery shops
-
The following units have
to make reports for Environmental Impact Assessment under the simple form
as "Inventory of Production Activities Environment" (Appendix
I):
-
Small enterprises under
local administration
-
Small private enterprise
cooperatives families that produce all goods (except agricultural product
farm tools and equipment repair) located in residential areas
-
Chemical stores, pesticides,
fertilizer, gas station
-
Bus station, inter provincial
port
-
Clinic, district hospitals
-
Slaughter house for local
food consumption
-
Other forms of production
and services impacting the environment
The Units needing
the above criteria must complete the inventory before for science, technology
and environment and the ministries (if these are the units directly under
the ministries, branches).
In compiling the units
ventures, the local other of science, technology and environment will classify
units as follows:
The office for science,
technology and environment will determine:
-
The units do not need environment,
or protection measures.
-
The units need environment
protection measures, because they are creating pollution beyond the allowable
environmental standards, and directly impact the health of the surrounding
population.
The Units belong
to (B) category, the Units holder must propose alternatives to the impact
and finance its implementation. The local office for science, technology
and environment must appraise the mitigating alternations and prepare a
report to provincial or city People’s Committees for consideration and
decision, simultaneously providing a report to MOSTE.
The local office
for science, technology and environment must compile and classify unit
inventories before 15 February 1995.
-
The medium scale enterprise
must make reports on Environmental Impact Assessment consistent with Appendix
II and submit to the national or local agencies for Environmental protection
for appraisal at authorized levels stipulated in branches Appendix III
and submit to the ministries and branches to process.
-
The units that were licenced
before 10 January 1994 but not in operation, and do not have reports for
Environmental Impact Assessment and are not appraised, need to make report
for Environmental Impact Assessment as regulation at Article
9 of the Government Decree 175/CP.
The units belonging to
items II.3 and II.4 must submit Report for Environmental Impact Assessment
before 1 March 1993.
In a limited number
of circumstances, with some special reason, decline can be extended up
to 30 June 1995 (such as hydro power, construction works which are of big
influences to a territory) but it should be agreed in advance in writing
with the MOSTE.
III.
Requirement for Report Quality and Appraisal of the Reports for Environmental
Impact Assessment
During the time prior
to the issuance of the Environmental standards, when preparing and appraising
the reports for Environmental Impact Assessment should be based on the
preliminary standards published in the book "Provisional environment".
During the process of
appraisal, and approval should be classified for the Government Agency
for Environmental protection (both central and local) need to have representatives
of ministries, branches who come for discussion and comment. If the comments
of the ministries and branches do not agree with the conclusion of the
Government agency for Environmental protection, then the report must go
to MOSTE Minister for consideration and decision.
-
Report quality.
When making Environmental Impact Assessment report, the unit holders are
requested to ensure the requirement as regulation at Article
12 of the Government Decree No. 175/CP.
-
Report appraisal.
When making Environmental Impact Assessment report appraisal, the review
councils must determine one of the 4 categories for processing as stipulated
in section a Article 20 of the Government Decree
No. 175/CP:
-
Being permitted to continue
its operations without environmental realty.
-
Having to invest in buckling
facilities to deal with the wasted materials.
-
Having to change the technology,
or move to another location.
-
Having to suspend its operation
defalcation for appraisal decision must be before 1 April 1995.
In cases where appraisal
is made by local review council, local office for science, technology and
environment must summarize the report appraisal and determination of the
(1 - 4 above categories) This report is sent to the provincial or city
People’s Committees for consideration and decision, simultaneously send
to MOSTE Minister.
MOSTE
Minister
(signed
and sealed) Dang Huu
APPENDIX
I
| Province/city |
Commune |
| District |
Street |
| |
Home
Number |
INVENTORY OF
PROPORTION ACTIVITIES IMPACTING THE ENVIRONMENT
(Listed as 1994)
1. Name
of the production units:
2.
Name of the production holder:
3.
Area for production (m2):
4.
The nearest distance to the surrounding community (m):
5.
Name of the products quantity (Ton/year):
6.
Name of the materials and quantity (Ton/year) sub materials:
7.
Kinds of Energy use:
-
Petrol, gas
-
Wood
-
Coal
-
Thatch
-
Electricity
8. Water
supply for production (m3 night, day shift):
9.
Kinds of wastes:
-
Air emissions
-
Kinds of dust
-
Toxic gases
-
Noise and vibration
Does
it have air pollution control equipment
-
Waste water effluent
-
Total waste water discharge
(m3 night and day)
-
The material mixed in water
discharge (dust, oil and lead, chemical, organic materials)
-
Where is waste water discharged
to? (drainage, pond, lake, river ...)
-
Does it have waste water
treatment?
-
Having get measures for
processing? is, which measures?
-
Solid waste
-
Kinds of solid waste (metal,
plastic)
-
Quantity (ton or m3/day,
night)
-
Measures for collection
10. Timing
for production (all year round, crop, seam rush month ...)
11.
The illnesses that the employees in the production typically encounter.
12.
Self-evaluation on the main pollution sources and the plan to overcome.
| Date |
|
| Production
holder signed |
|
APPENDIX
II
THE CONTENT
FOR REPORT OF ENVIRONMENTAL IMPACT ASSESSMENT
TO THE OPERATING
UNITS
I.
Introduction
-
Purpose of the report
-
Data status, data sources
used in the report
-
Summary of operation process,
capacity, material, product, turnover, worker’s living
II.
Brief Description of the Production Process of the Operating Units, Technology
and Efficiency of
the Location of the Operating Unit
III.
Description of Environmental Conditions at the Location of the Operating
Unit
-
Physical factors: water,
soil, air etc.
-
Biological factors: Aquatic
ecosystem and terrestrial ecosystems
-
Infrastructure: water supply
and drainage, transportation, irrigation ...
-
Socio-economic conditions
and public health
IV.
Environmental Impact Assessment of the Operating Unit
Impact assessment the
to operations of the unit to the surrounding environmental factors:
-
Air quality impact to the
surrounding areas of the unit.
-
Water: Impact on the quality
water sources (discharge, surface and ground water...).
-
Noise caused by the operating
unit.
-
Soil: the degree of pollution,
degradation, destruction.
-
Solid waste: have get measures?
the degrees of causing pollution of the solid waste.
-
Landscape: Description
of the historical landscape nearby the operating unit and the severity
of impact resulting from the operation of the operating unit.
-
Infrastructure: Impact
done to operation of the operating unit on the general infrastructure and
the operating unit itself.
-
Transportation: Impact
of the operating unit on the transportation of the surrounding locality.
-
Public health: The effects
of the environmental pollution caused by the operating unit on the health
of the in the production and the residents surrounding.
-
Other impacts related to
the operating unit.
Each factors can be qualitative
and ampere with the allowable standards of the government.
The factors can not
he quantities then quantities and classify according to the degrees heavy,
medium light etc. unclear.
The general assessment
of the environmental damages ...
The benefits/damages
in terms of socio-economy.
V.
The Alternative for Mitigating Environmental Impact
Describe in a clear
technology of the production and technological treatment, requirement of
time and cost.
VI.
Conclusions and Recommendations
-
Main conclusions
-
Main recommendations on
the alternative and measures for reduction of the relative impact caused
by the operating unit.
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Acknowledgement: Text from unspecified 1995 Hanoi publication.
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last updated 1st August 1998
Asia-Pacific Centre for Environmental
Law
Faculty of Law
National University of Singapore
© 1998