EIA and Licensing, Regulations and Appraisal Council (MOSTE Reg. No. 1807/QD-MTg, 1994)

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REGULATIONS AND ORGANIZATION
OF APPRAISAL COUNCIL ON
ENVIRONMENTAL IMPACT ASSESSMENT REPORT
AND ISSUING ENVIRONMENTAL LICENCE
Ministry of Science, Technology and Environment
Regulation No. 1807/QD-MTg
(31 December 1994)

The appraisal of Environmental Impact Assessment Report is under the responsibility of the State Agency for Environmental protection as given by law and be comes a legal document when the authorized agency issues the official licence.

The Review Council established in this regulation is advisory group that helps the MOSTE Minister or Chairman of the provinces, cities (local Government) to take into consideration all aspects of science and technology concerned to environmental protection as specified by the Regulation of Environmental Protection Law and Decree 175/CP.

1.1    The establishment of the central Review Council is decided by the MOSTE Minister.

1.2    The establishment of the provincial and city Review Councils (which are under the direct control of the central government) are decided by the chairmen of those provincial and City People’s Committees.

Article 2

The composition of the council includes the scientists, administrators, and those who have full knowledge of technology and environment, who could be representatives of social organizations and ordinary people. The number of Council members cannot exceed 9, of which, there is one chairman (in the case of necessity there is one deputy chairman) and one standing secretary.

Article 3     Principle and Work Form of Review Council

The Review Council works in advisor regulation. All opinions of each member (even the dissenting opinions) will be noted in the Minister of the meeting and submitted to the decision making office for consideration.

Article 4     Term of Reference of the Council

• All members of the Review Council have the right to be supplied with necessary documents and information relating the EIA-report and write their opinions and submit to the Review Council.
• All members of the Review Council have the right to pose of approval questions directly or documented in writing (through the secretary or chairman of the Council), even pose questions at the meeting.
• All members of the Review Council have their responsibilities to keep confidential all supporting documents and information in existing and have to return all documents after completing their work.

The meeting of Review Council will be only valid if two-thirds of number of members are present at the meeting. The absent members have the right to send their opinions and their vote paper (in a seated envelope) directly to the Chairman of the Council or to the secretary of the Council. These opinions will be read at the meeting of Review Council.

In necessary cases, the Review Council can suggest establishing some sub-Council, which will help for preparing and will called to a preparatory meeting.

Article 6

After meeting of Review Council, Chairman and Secretary of Review Council write the report of all opinions and suggestions of the Review Council members and submit it to the Minister of MOSTE or President of People’s Committee of provinces or cities for consideration and decision.

Article 7

Issuing certificates: the office presiding over the Review Council will make the decision for certificate.

• For the government level: Minister of MOSTE make decision of acceptance and issue the certificate.
• For the province and cities level, the President of the Province or City People’s Committee make the decision of acceptance and issue the certificate.

Article 8

All members of the Review Council and sub-Council will receive a fee consistent with the existing government regulation.

Article 9

The Review Council will be dissolved after fulfilling the Review Council duties.

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

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