Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
6 OFFICIAL GAZETTE Issue no10IFebroary 2008(G6ng BaD nos 163-1641M,rr:h fil1IJ()B)
Part I. LEGAL DOCTJMRNTS
THE GOVERNMENT
DECREENo.2112OO81ND-CPOFFEBRUARY
28, 2008 AMENDING AND SUPPLEMENTING A MJMBER OF ARTICLES OF THEGOVERNMENT'SDECREENo.lIOI2OlHW'NDCP OF AUGUST 9, 2006, DETAILING ANDGUIDING THE IMPLEMENTATION OF A
NUMBEI!.OFARTICLESOFTHELAWONENVIRONMENTALPROTECTION
THE GOVERNMENT
PurslJtf1ft to the December25, 2001 LawonOrganizdl'tnn ofthe Government;
PurSU44t to the November 29, 2005 Law onEnviromrwntal Protection;
Pursuant to the June 29, 2006 Law onStandards DJUi Technical Regulations:
At the proposal oj the Minister of NaturalReSOuTCe1 and Environment.
DECREES;
Articl£ 1.-To amendand supplementa numberof articles of the Government's Decree No. 8012OO6IND-CP of August 9, 2006, detailing andguiding theimplementation ofa numberof articlesof the Law on Environmental Protection (belowreferred to as Decree No. 8012006/ND-CP).
1. To amend and supplement Article 4 asfollows:
.. Article 4.~ Transitional provisions, review
and conversion of environmental standards intoenvironmental technical regulations
1.Environmental standards announced bythe
State for compulsory application shall ber.o"lnvprtf'.r1 intCl f".nv-iro"lnmf'.nt~1 tf".r.hnir~1
regulations as follows:
aJ Standards of surrounding environment
quality shall be converted into technicalregulations on surrounding environment quality;
b/ Standards of waste shall be converted into
technical regulations on waste.
2. The Ministry of Natural Resources andEnvironment shall review and convert national
standards of surroundingenvironmentquaJity andnational standards of waste promulgated beforeJanuary 1, 2007, into national technical
regulations on surrounding environmental qualityand national technical regulations on waste.
3. The review and conversion ofstandards of
surrounding environment quality and standards
ofwaste into technical regulations on surroundingenvironmentquality and technical regulations on
waste shall be conducted in accordance with the
current provisions of law on standards andteclnrh.al regulatlons."
2. Th amend and supplement Article 5 asfollows:
"Article 5.- Responsibilities, order andprocedures for formulation, promulgation and
stipulation of application of environmentaltechnical regulations
1. The Ministry of Natural Resources and
Environment shall formulate and promulgatenational technical regulations on surroundingenvironment quality and national technicalregulations on waste and stipulate roadrnaps and
coefficients for application of national technicalregulations on waste for regions, areas and sectors .
© VIETNAM LAW & LEGAL FORUM
Issue no1OJFebrno 2008(cong ssonos 16.}1041Marcn 0, 2(00)
OFFICIAL GAZETTE 7
2. Provincial-level People's Committees shallformulate and promulgate local technical
regulations on waste to suit their local
characteristics.
Local technical regulations on waste must bestricter than national ones and be applied
according to corresponding roadmaps and
coefficients ofregions, areas orsectors prescribedin decisions promulgartng national technicalregulations on waste.
3. The order and procedures for formulation,evaluation and promulgation of environmental
technical regulations comply with the provisions
of law on standards and technical regulations.
4 Ore:mi7.:1tinns and individuals are ohliged
to observe technical regulations on surrounding
environment quality and technical regulations onwaste promulgated by competent state agencies."
3. To amend and supplement Clause 1 ofArticle 6 as foUows:
"I. To replace the list of projects subject to
making of environmental impact assessmentreports included in Appendix I to Decree No. 8012006/ND-CP with the list included in theAppendix to this Decree.
For projects subject to making ofenvironmental impact assessment reportsemerging outside thelist included-in theAppendixto this Decree, the Minister of Natural Resources
and Enviromnent shall consider. decide and reportthem to the Prime Minister."
4. Toadd the roUowingArtide 00:
"Article 00.-Consultation ofcommune, wardor township People's Committees and community
representatives in the process of makingenvironmental impact assessment reports
1. Commune, ward or township Fatherland
Front Committees (below referred to ascommune-level Fatherland Front Committees)
shall represent communities in contributing
opinions in the process ofmaking environmentalimpact assessment reports of investmentprojectsin their localities.
2. The project owner shall send a document
on the project's major investment items,environmental issues ana environmental
protection measures and request the commune
level People's Committee andFathetmd FrontCommiuee of rhe pb~ where thf';pmj~tisto be
executed to give opinions.
3. Within fifteen (15) working days afterreceiving a written request for opinions, thecommune-level People's Committee and
Fatherland Front Committee shall live theiropinions in writing and make them public to localpeople.
Past this time limit, if they issue no writtenreplies, the commune-level People's Committeesand community rcpecoentctivco shall be
considered having agreed with the project owner.
4. Consultationofcommune, wardortownship
People's Committees and representatives ofcommunities. in the process of makingenvironmental impact assessment reports is not
required for the following projects:
aIInvestmentprojects located within Industrialparks, export processing zones or hi-tech parks, ifthe projects on construction of infrasaucnue ofthese industrial parks, export pt"OIN::i::iill!5 zoecs QI.
hi-tech parks have had their environmental impactassessment reports approved by competent stateagencies.
Ifthe environmental impactassessmentreports
of projects on construction of infrastructure of
these industrial parks, export processing zones orhi-tech parks were approved after July 1, 2006,
© VIETNAM LAW & LEGAL FORUM
8 OFFICIAL GAZETTE Issue no1OJFebruarv 2008(Cang Boo nos 163-1$4IMarch 612008)
inspection and certification by a competentstateagency in charge of environmental protection of
the strict implementation of the envirornnentalprotectioncontentsof the approval decision andenvironmental impact assessment report isrequired.
bI Projects in a sea area for which theadministtltive management responsibility of aCOUlmUPC People's Committee cannot be
identifiedfurconsultation in thecourseofmakingenvironmeotal impact assessmentreports;
dIn~1rnentpmjf"r.ts in thP: domnin of security
or defense involving national secrets."
5. Th amend and supplement Article 11 asfoIIom,
"Article 11.- Appraisal and approval ofenviromnental impact assessmentreports
1. People's Committees of provinces andcentrally run cities (below referred to asprovincial level People's Committees) shallorganize an appraioul council or authorize u
specialized environmental protection agency of
the same level to organize an appraisal councilor
selectanappraisal serviceorganization to appraiseenvironmental impact assessment reports of
invesrmeaz projects in their localities, except for
projects specified at Points a and b, Clause 7,Articjc ] 1 of the Law on Environmental
Protection
2. Thetime of submission of environmentalimpact assessment reports fnr appraisal and
approval is prescribed below:
aI Owners of investment projects on mineral
exploitation shall submit environmental impact
assessment reports for appraisal and approval
before applying for mineral exploitation permits;
bl Owners of investment projects onconstruction of works or involving construction
items shall submit environmental impact
assessment reports for appraisal and approval
before applying for construction permits, except
for projects specified at Point a of this Clause;
d Owners of investment projects not fallinginto categories specified at Points a and b, of this
Clause shall submit environmental impact
assessment reports for appraisal and approvalbefore commencing their projects.
3. Appraisal councils or appraisal service
organizations have the function of giving advicetn assisr competent agencies in examining ami
assessing the quality of environmental impact
assessment reports serving as the basis for
consideration and approval according to
regulations.
4. When necessary, before the opening of
official meetings of appraisal councils, agencies
responsible Iorconducrrng theappraisalmay carryout the following support activities:
aJ Survey of the project's execution site andadjacent nreus;
b1Taking samples foranalysis andverification;
d Consulting the community in the placewhere the project is to be executed;
dI Collecting comments of related experts
outside the appraisal council, related scientific andtechnological institutions. social andprofessional
organizations, and non-governmental
organizations;
eIHolding appraisal seminars.
5. The Ministry of Natural Resources and
Environment shall issue regulations on theoperation of appraisal councils and appraisalservice organizations appraising environmental
impact assessment reports.
6. Toamend Point b, Clause 1of Article 13as follows:
© VIETNAM LAW & LEGAL FORUM
Issueno101February 2008(Cang BOO nos 163-16"~rch 6, 2008)
OFFICIAL GAZETTE 9
"bl The project is executed only after 24months following the date of approval of itsenvirorunental impactassessmentreport.
In case of no change in design capacity,technology andsurrounding environment, it isnotrequired to make an additional environmentalimpactassessmentreport buta written explanationmust be submittedto theapprovingagency."
7. Toamend and supplementArticle 17asfollows:
"Article 17.- Registration andcertification ofwrittenenvironmental protectioncommitments
1.The timeofregistration andcertification ofwritten environmental protection commitments isspecifiedas follows:
aI Ownersof investmentprojectson mineralexploitation shall register their writtenenvtronmemal protecnon commitments forcertification before applying for mineralexploitation permits;
bl Owners of invc:;trncnt projects on
construction of works or involvingconstructionitems shall register their written environmentalprotection commitments for certification beforeapplying for construction permits, except forprojectsspecifiedat Pointa of this Clause;
cl Owners of investmentprojects not fallinginto categories specifiedat Pointsa and b, of thisClause shallregistertheir writtenenvironmentalprotectioncommitments for certification beforecommencing their projp1':t<;_
2. The registration of written environmentalprotection commitments for investmentprojectstobe executedin twoor moreruraldistricts. urbandistricts, towns or provincial cities (belowcollectively referredto as districts) is prescribedas follows:
aI Ownersof investmentprojectsshallregister
written environmental protection commitmentswiththePeople'sCommittee of thedistrictwheretheenvironmentwillbe most negatively affectedby theproject;
In case a project willexertthesamenegativeimpactona numberof localities, theprojectownermay select one of these localities for registeringwrittenenvironmental protection commitments.
b/-l 'hedtstnct-IevelPeople'S Committees with
which project owners register writtenenvironmental protection commitments shallconsult district-level People's Committees ofother
concerned districts before certifying writtenenvironmental protectioncommitmentsandnoIifytheircertification to theselocalities.
3. Owners of projectson a sea area in whichtheadministrative managementresponsibility ofa district-level People'sCommitteecsenotnotbemenuneo shall register written environmentalprotection commitments with people'sCommittees ofdistricts wheretheyhaveregisteredfor waste treatmentand disposal.
For projectswhichdo not generateMy wastein a sea area for which the admirristrativemanagement responsibility of a district-levelPeople'sCommitteecannotbe identified, theyarenot required to register written environmentalprotection commitments.
4. The Ministry of Natural Resources andEnvironment shall guide the fonn and contentsofcertificates of written environmentalprotectioncommitments.'
8. To add thefoUowingArticle 17.:
"Article 17n__ Appra;<;al and appTflval nf
environmental impact assessment reports,certification of written environmental protectioncommitments of investmentprojectsin economiczones, industrial parks, export processing zones
© VIETNAM LAW & LEGAL FORUM
OFFICIAL GAZETTE Issue no10JFebruary 2008(C6n9 BaOIlCS 163-164JMarc1lG/2OOB)
and hi-techparks
t State agencies competent to r-rmdur-r
appraisaland approval of environmental impactassessment reports and certify writtenenvironmental protection commitments mayauthorize managementboards ofeconomic zonesto appraise and approve environmental impact
asse&tlll\e'ftt reports and certify writtenenvironmental protection commitments of
investment-projects in economic zonesprovidedthat rbese. management boards have units orsections sreciahzed in environmental protection.
2. State agencies competent to conduct~ and approval of environmental impactassessment reports and certify writteneevlronc-ental protection commitments mayauthorize managementboards of industrialparks,export processing zones or hi-tech parks toa;[lIlrai~f' and approve: environmental impad
assessment reports and certify writtenenvironmental protection commitments of
investment projects in these industrial parks,export processing zones or hi-tech parkswhen thefollowing conditions arefully met:
aJThese management boards have units oreccticns specialized in environmental pnnecuou,
hi Projocts on construction of infrastructure
of these dldustrial parks,exportprocessing zonesor hi-tech parks have had their environmental
impactassessment reports approved.
Ifthe etwirorrmental impactassessment reportsof projects on construction of infrastructure ofindustrial parks, export processing zones or hitech parks were approved after July 1, 2006,inspection and certification by a competent stateagt:IlI,;Y ln chargc uf envlronrnemal protection of
the strict implementation of the environmentalprotection contents of the approval decision and
environmental impact assessment report isrequired.
3. Authorized management boards ofeconomic zones, industrial parks, exportprocessing zones and hi-tech parks shall send
reports on results of appraisal and approval ofenvironmental impact assessment reports toprcvincial-Ieve.l en vh rmme.ntal protectlou
agencies and results of certification of writtenenvironmental protection commitments to district~level environmental protection agencies of thelocalities where the economic zones, industrialparks, export processing zones or hi-tech parks
arelocated."
9. To add the following Article 17b:
"Article 17b.- Elaboration and approval ofenvironmental protection schemes andexamination and inspection of environmental
protection work in consolidated production,business and service zones and production,business and Service estabfisnments having
operated since before July 1, 2006, withoutdecisions on approval of environmental impactassessment report!'.or cerrificares of registrationofsatisfaction of environmental standards
1. Owners of consolidated production,
business and service zones and owners ofprcdcccoa, business and serviceestablishmentshaving operatedsincebefore July 1,2006, withoutdecisions on approval of environmental impactassessment reports or certificates of registration
of satisfaction of environmental standards, shallelaborate environmental protection schemes andsubmit them before June 30, 2008, to stateagencies in charge of environmental protectionspecified in Clause 2 of this Article for approvalor certification.
2. The responsibility to approve and certifyenvironmental protection schemes and examineand inspect environmental protection work ofowners specified in Clause 1 of this Article isprescribed as follows:
((;: VIETNAM LAW & LEGAL FORUM
Issue no1OIFebruary 2008(COng Bao noo 163-1WMarch 6, 2000)
OFFICIAL GAZETTE 11
aJ Provincial-level environmental protectionagencies shall approve and certify environmentalprotection schemes and examine and inspect
environmental protection work of consolidatedproduction, business and service zones andproduction, business and service establishments
of a nature and size corresponding to thoserequired to make environmental impactassessment report...:
Theprovincial-level environmental protectionagency of the place most negatively affected by aconsolidated production, business and servicezone or a production, business and serviceestablishment shall consult provincial-level
environmental protection agencies ofconcernedlocalities before approving an euvironmenralprotection scheme, for consolidated production,
business and service zones and production,
business and service establishments located in twoor more provinces and centrally run cities.
bl District-level environmental protectionagencies shall approve and certify environmentalprotection schemes and examine and inspect
environmental protection work of consolidatedproduction, business and service zones andproduction, business and service establishments
in their localities, except for those mentioned atPoint a of this Clause.
The district-level environmental protectionagency of the place most negatively affected by aconsolidated production, business and servicezone or a production, business and serviceestablishment shall consult dlstrlct-Ievelenvironmental protection agencies of concerned
localities before approving an environmentalprotection scheme, for consolidated production,business and service zones and production,
business and service establishments located in twoor more rural districts, urban districts, towns andprovlnctal ctues.
3. An environmental protection scheme of aconsolidated production. business ami servicezone or a production, business and service
establishment of a nature and size corresponding
to those required to make environmental impactassessment reports has the following principaldetails:
al General information on the size,characteristics and major acuvines of the
consolidated production, business and servicezone or production, business and service
establishment related to the environment;
hi An overview of related natural, economic.social and environmental conditions;
clThe current status ofthe environment in thearea directly and negatively affected by the
operation of the consolidated production, businessand service zone or production, business andservice establishment;
dI Statistics on and assessments Of sourcesnegatively affecting the environment;
eI Comprehensive solutions, environmentalprotection facilities andan implememefion plan.
4. An environmental protection scheme of aconsolnlatcd prcductton, business alld service
zone or a production, business and service
establishment ofa nature and size cortespoedingto those required to make environmentalprotection commitments has the followingprincipal details:
afStatistics on and assessments of rmjorwasresources;
bl Solutions, environmental protectionfacilities and an implementation plan.
5. The Ministry of Natural Resources and
Environment shall guide the elaboration andapproval or certification of environmentalprorecuon schemes of those mentioned III Clause
© VIETNAM LAW & LEGAL FORUM
12 OFFICIAL GAZETTE Issue no 1OJFebrucuy 2008(C6ng 880 roe 16J.-1641March 612008)
lofthisArtide."
10. To add the rollowingArticle 17.:
"Article 17c.- Management of dossiers,examination and inspection of environmentalprotection work of consolidated production,business and service zones and production,business aPd service establishments which weregranted certificates of registration of satisfaction
of envirccanental standards before July 1, 2006
1. Prqwincial-Ievel environmental protection
agencies sball manage dossiers ofcertification ofregistration of satisfaction of environmentalstandards and examine and inspect environmental
protection work of consolidated production,business and service zones and production,businessend service establishments of a natureand size cceresponding to thoserequiredto makeenvironmental impact assessment report."in theirlocalities.
2. Di~ct-level People's Committees shallmanage dossiers ofcertification ofregistration ofsatisfaction of environmental standards and
examine and inspect environmental protection
work of consolidated production, business and~ viu::zones and production, business and service
establishments other than those mentioned inClause 1 or this Article.
3. State management agencies in charge of
environmental protection at all levels shalltransfer dossiers of certification of registrationof satisfaction of environmental standards ofconsolidated production, business and servicezones and production, business and service
establishments which they are keeping tougcnciec assigned to manage these dossiers
under Clauses I end Zof'this Article before June
30, 2008."
11. To add Ute following Arncle 17d:
"Article 17d.- Provisions on environmentalprotection applicable to investment projects andconsolidated production, business and service
zones and production, business and service
establishments in the security and defense domain
1. Investment projects and consolidated
production, business and service zones and
production, business and service establishmentsin thc security and defense domain must comply
with environmental protection requirements andprocedures in accordance with the law onenvironmental protection.
2. The Ministry of Public Security and the
Ministry of Defense shall appraise andapproveenvironmental impact assessment reports andcertify written environmental protectioncommitments ofinvestmentprojects and examine
and inspect environmental protection work ofconsolidated production, bueineoo and service
zones and production, business and service
establishments in the security and defensedomain."
12. To add the followingArticle 2la:
"Article 21a.- Provisions on dischargeofwastein the sea
1. It is strictly prohibited to discharge
hazardous wastes in the sea of the SocialistRepublic ofVietnam.
2. It is prohibited to discharge wastes in the
sea areas of nature conservation zones, naturalheritage areas, areas. with new natural eco-systems.
and regular or seasonal reproduction grounds ofmarine and aquatic species.
3.Ordinarywastes ofmeans of transport andoffshore oil rigs which have been treated inaccordance with technical regulations on wastesmay be discharged in the sea, except sea areasspectnec tn Clause 2 of rnts Article.
© VIETNAM LAW & LEGAL FORUM
Issueno1OIFebruary 2008(rAng Ran IJ(IS 16..'l-164JMarch 6. 2fXJR)
OFFICIAL GAZETTE 13
4.Thedischarge of wastes from the mainlandwhich have been treated in accordance with lawand wastes dredged fromcanals and fairways inthe sea is subject to consent of provincial-levelenviromnental protection agencies."
13.Toamend and supplementClause3 ofArticle 22 as follows:
" 3. The Ministry of Natural Resources andEnvironment shall guide the examination,evaluation and verification of waste treatment
equipment and facilities before they are put intooperauon."
14.Toadd the foUowing Article 230:
''The Ministry of Natural Resources andEnvironment shall guide the elaboration of
environmental planning integrated into land use
planning, socio-economic development planning
and branch or domain development planning."
Article 2.~ Implementation provisions
1. This Decree takeseffect 15 days after itspubhcauon in "CUNG BAO."
2. Dossiers received before the effective dateof this Decree shall be processed .u.tlder theprovisions ot DecreeNo. HUl2OO6/NLl CP.
3. Ministers, heads of miniseeeial-levelagencies, heads ofgovemment-attachedagenciesandpresidents of provmciaJIrnunicipal People'sCommittees shall have to implement tili6 Decree.
On behalfofthe GoV6I2l11Ient
PrimeMinisterNGUYEN TAN DllNG
Appendix
LIST OF PROJECTS SUBJECT TO MAKING OF ENVIRONMENTAL IMJll\:CTASSESSMENT REPORTS
(Auacnea 10 the Government's Decree No. 2//l008lNU-CP of February 28, 200f.t)
Ordinal Projects Sizenumber
1 Important national projects and works in which Allinvestment guidelines are submitted to theNational Assembly for decision under theNational Assembly's Resolution No.66J2006/NQlI of June 29.2006
2 Projects using part or the whole of land areas of Allnature conser-vation zones, national parks,mstoncal-cultural relic areas, world heritages,biosphere reserves, and famous scenic places,ranked or not yet ranked, which are protectedunder decisions of provincial/municipal People'sCommittees
© VIETNAM LAW & LEGAL FORUM
14 OFFICIAL GAZETTE Issue no1OJFebruary 2008(Gdng Bao nos 163-1WMarch 6/2(08)
3 Projects involving risks of directly and badly Allaffecting water sources in river hasins, coastalareas and areas having protected eco-svstems
Group of construction projects
4 Projects to build infrastructures in urban centers Ccverina 50 ba or moreor residential areas
5 Projects to build infrastructures in industrial Allparks, hi-tech parks, industrial clusters, export-
I pn..w.;t:::s:sing ZUIl~ ur trade village clusters
6 Projects to build supermarkets or markets With 200 business places ormore
7 Projects to build sports centers Cover ill);::, 10 ha ur more
8 Projects to build hospitals With 50 hospital beds ormore
9 Projects to build hotels and rest homes With 100 rooms or more
10 Projects to build tourist and entertainment Covering 10 ha or moreresorts
11 Projects to build tourist ser-vice establishments With a wastewater volume of(infrastructure and physical foundations) in 1,000 m' or more per day andcoastal areas and on islands niaht
12 Proiects to build aolf courses With 18 holes or more
13 Projects to build cemeteries (burial, incineration All- or other forms)
14 Projects to build underground works All15 Projects to build houses with basements Basement of 10 m or more
deep
16 Projects to build combat works, military training Allccuuas, ~huulillK KIouuds and defense Dons
17 Proiects to build military warehouses All18 Proiects to build defense economic zones All19 Proiects to build prisons and detention camps All
Group of projects to manufacture construction materials
20 Cement production projects Design capacity of 300,000tons or more of cement peryear
21 Projects on grinding of clinker for cement Design capacity of 1 millionI o-cductron tons or more ofcement DCI" vcat-
@ VIETNAM LAW & LEGAL FORUM
Issue no1DJFebruary 2008(COng Baa nos 163-/64IMarctl 6,2008)
OFFICIAL GAZETIE 15
22 Projects to produce bricks and roofing tiles Design capacity of 10mill ion ore: more standard
tiles and bricks per year
23 Projects to produce other construction materials Design capacity of 10,000tons ore more of productsper year
Group of traffic projects
24 Projects to build underground traffic works 500 m or more in length(subways and tunnels)
25 Projects to build motorways, and roads of grades I Allto III
26 Projects to build, renovate and upgrade 50 km or more in lengthmotorways, and roads of grades I to III
27 Projects to build grade-IV roads 100 km or more in length
:Il'. Proiects to bmld railways 5U kID or more in loogth
29 Projects to build overhead railways All
30 Projects to build telpher lines 500 m or more in l8ligth
31 Projects to build permanent road and railway 200 m or more in lengthbridges (excluding the lengtn of
access roads)
32 Project.'> tu build u affic WUIk.:. RtX{uir iug reseuleruesu of1,000 or more people
33 Projects to build river ports and seaports Accommodating vessels of1,000 DWT or more
34 Projects to build fishing wharves Accommodating fisJ:tingvessels with 100 arrwals ormore per day
35 Projects to build airports and airfields All
36 Projects to build passenger car terminals Covering 0.5 ha or I'7I'Ore
37 Projects to produce hot asphalt concrete Design capacity of 30,000tons or more of products peryear
Group of energy and radiation projects
j~ Projects to build nuclear reactors All
39 Projects to build production, business and service Allestablishments using radioactive substances ordischarging radioactive wastes
© VIETNAM LAW & LEGAL FORUM
16 OFFICIAL GAZETTE Issue no10IFebruary 2008(CQngeaQn~ 163-164/MiJrGh6/2008)
40 Atomic Dower or thermal nuclear oroiects All
41 Thermo power projects Design capacity of 30 MWor more
42 Wind power projects Covering an area of 100haOf more
43 Solar power projects Covering an area of 100 haor more
44 Hydropower projects With a reservoir of a capacityof 300,000 m3 or more ofwater
45 Projects to build high voltage power lines 100 km or more in [ernrth
46 Projects to manufacture electric wires and cables Capacity of 2,000 tons ormoreof aluminum per year(or equivalent)
Group of electronic and telecommunications nroiects
47 Projects to build radio transmission and radio Design capacity of 2 kW ortransmission-receipt stations more
48 Projects to manufacture electric and electronic Design capacity of 10,000 oranoliances more anoliances oer year
49 Projects to manufacture electric and electronic Design capacity of 500 tonscomponents or more of products per year
SO Proiects to build telecommunications lines 100 km or more in leneth
51 Projects to manufacture telecommunications Allcables
Group e: l: rejects on irrigation, forest exploitation and forestation
52 Projects on reservoirs and irrigation lakes With a reservoir of a capacityof 300,000 m' or more ofwater
53 Proiects on irrigation works Coverine 200 ha or more
54 Seaward expansion protects All
55 River and sea embankment oroiects 1,000 m or more in leneth
56 Projects: involving exploitation nr rnnvpr"inn nf rnvP:Ting 'i ha nr 1ll/lTf".
use purposes of headwater protection forests,breakwater forests or special-purpose forests
57 Projects involving exploitation or conversion of Covering 20 ha or moreuse purposes of natural forests
© VIETNAM LAW & LEGAL FORUM
Issue no 10JFebruary2008(GOng BBonos 163-1641March 6, 2008)
OFFICIAL GAZETTE 17
58 Forestation and forest exploitation projects Forestation of 1,000 ha ormore: exploitation of forestsof 200 ha or more
59 Projects to build consolidated rubber, cassava, Covering 100 ha or moresugarcane, coffee, cocoa, tea and pepperzrowtnz areas
60 Projects to build consolidated vegetable and Covering 100 ha or moreflower growing areas
Grouo of mineral exoloitation nroiects
61 Projects to exploit minerals on the mainland for Exploitation capacity ofuse as construction materials 50,000 m' or more of
materials per year
62 Projects to exploit minerals for use and ground Exploitation capacity offill-up materials 100,000 m3 or more bf
materials ner vear
63 Projects to exploit, dredge and salvage- exploit Capacity uf 50,()(K) ",1 urminerals in river beds for use as construction more of materials pet yearmaterials
64 Projects to exploit solid minerals (without using A mined volume (indudingchemicals) minerals and discharged
earth and rock) of 100.000m' or more per year
65 Projects to exploit and procCS3 solid minerals Allcontaining hazardous substances or involvinguse of chemicals
66 Projects to process solid minerals - Design capacity of SD,OOOtons or more of products peryear
- A volume of 500,00Q tonsor more of discharged earthand rock per year, for coalsorting
67 Projects to exploit groundwater Exploitation capacity of10,000 m" or more of water
I per day and night
68 Projects to exploit natural mineral water Exploitation capacity of 120(underground or on .mrfJ'lC'P) fnr hnttling m3 or more of water per day
and uisbt
69 Projects to exploit natural mineral water Exploitation capacity of 500(underground or on surface) for service purposes m' or more of water per day(bathing, medical treatment and other purposes) and mght
© VIETNAM LAW & LEGAL FORUM
18 OFFICIAL GAZETTE Issue no 10IFebruary 2008(Cang Bao nos 163-161/March 612008)
70 Projects to exploit surface water Exploitation capacity of 50,000m3
Of mOTfl'. of water ppr [hy
and night
GrOUD of oil and gas oroiects
7l Projects to exploit,.gil and gas All,... ....,,-
72 Projectson petrochemical refineries (except AUprojects on LPG extraction and lubricant
I preparation)
n Projects to produce petrochemical products All(surfactanrs, plasticizers, methanol)
74 Proiects to build oil and eas ninelines All75 Projects to build oil and gas cntrcpots Storage capacity of 1,000 m3
or more
76 Projects to build oil and gas depot areas All(''IT('\1If\~ waste treatment trrolP.cJl'.
77 Projects on re-processing and treating ordinary Allsolid wastes
78 Projects to build dumping sites for industrial Alland hazardous wastes
79 Projects to build dumping sites for garbage For 500 households or for useby people of a district or more
.u Projects to build concentrated industrial Allwastewater treatment systems outsideindustrial parks, export-processing zones andhi-tech Darks
81 Projects to build concentrated daily-life Design capacity of 1,000 m' orwastewater treatment systems more of wastewater per day
and night
82 Ptujt:\;l:; un purchase amI preliminary }Jl~biIl~ uf Design capacity uf 3,000scraps (including imoorted scraps) tons/vear
83 Projects on vessel clean-up (all types of Allvessels)
84 Proiects to dismantle old vessels (of all kinds) AllGroup of mechanical engineering and metallurgical projects
85 Ferrous and non-ferrous metallurgy projects Design capacity of 3.000 tonsor more of products per year
86 Steel rolling projects Design capacity of 5,000 tonsor more of products per year
87 Vessel building and repair projects Vessels of 1,000 DWT or more
© VIETNAM LAW & LEGAL FORUM
Issue no 1OlFebruary 2008(['.lingR.<io nos 163-164/March 6, 2008)
OFFICIAL GAZETTE
88 Projects to manufacture, repair and assemble Design capacity of 500 unitslocomotives and ('ar" or more per year
89 Projects to manufacture, assemble and repair Design capacity of 10,000motorcvcles units or more per year
90 Projects on mechanical engineering and Design capacity of 1.000manufacture of machines and equipment tons or more of products per
vear
91 Projects on metal plating, coating and polishing Design capacity of 1.000tons or more of prodecrs pee
I vear
92 Projects to manufacture shaped aluminum Design capacity ofJ.l: 00tons or more of products per
I year
93 Projects to manufacture and repair weapons and Allmilitary materials and technical eouipmenr
Grou or timber orocesslna and glass, ceramic and porcelain reduction oroiects
94 Timber processing projects Design capacity of 5,(}O() m3
or more ter year
95 Plywood proceeeing projccta Design capacity of POO,OOOm' or more per year
96 Household woodwork manufacture projects Design capacity of w.ooo ormore products pery~
97 Projects to produce fine art articles Design capacity of I millionor more products per Vf"M
98 Projects to produce glass, ceramic and porcelain Design capacity of I millionI products or more pe~}'ear
99 Projects to produce sanitary porcelain Design capacity of l~,-OOO
tons products or mote perI vear
100 Projects to produce enameled tiles Design capacity of l wullionm' or more oer year
101 Projects to produce bulbs and thermos flasks Design capacity of 1 wrillionor more products per year
Group of food processing and beverage projects
102 Food processing projects Design capacity of 5,000lUllS UI more of products peryear
103 Cattle and poultry slaughter projects Design capacity of 1,000cattle or 10,000 poultry ormore oer day
© VIETNAM LAW & LEGAL FORUM
20 OFFICIAL GAZETTE Issue no101February 2Q08.(COIlg BiiivI/W 1Q3-lfJ4IMtl1r;hfJ/2(00)
104 Frozen aquatic product processing projects Design capacity of 1,000IOns ur more uf products peryear
105 Sugar production projects Design capacity of 20,000tons or more of sugar peryear
106 Alcohol and spirit production projects Design capacity of 100,000liters or more of products peryear
107 Beer and beverage production projects Design capacity of 500,000liters or more of products per
I vear
108 Monosodium glutamate production projects Design capacity of 5,000tons or more of products per
I year
109 Milk processing projects Design capacity of 10,000tons or more of products per
, year
till Edible 011 processing projects Designcapactryof 10,000tons or more of products per
I year
III Confectionery prMm·ti(\n prnjprt<: Dp<;;gn rl'lpJ'll'jly of -'iJ)()fl
tons or more of products perI year
112 Ice production projects Design capacity of 3,000 icebars or more per day andnight (for 50 kg bars) or150,000 kg or more of ice
-water ner dav and nieht
- - - ._- ._-
Groun 'l"Ji .Il zricultural nroduct processine projects
113 Cigarette production projects Design capacity of 30,000I nacks or more Dee year
\14 Cigarette material processing projects Design capacity of 1,000tons or more of products per
I year
11; Cereals processmg projects Design capacity ot 1O,UOUtons or more of products per
I year
116 Rice grinding and processing projecte J)po;:ign ('~~t"ity o{?O,/YY) t(lO"
cr more oforoducts per year
© VIETNAM LAW & LEGAL FORUM
Issue no101Februarv2008(GOngBao nos 163-1611March 6, 2008)
OFFICIAL GAZETTE 21
117 Manioc starch processing projects Design capacity of 1,CXXl tonsor more of products ncr year
118 Cashew nut processing projects Design capacity of 10,000tons or more of products peryear
119 Tea processing projects Design capacity of 10,000 tonsor more of oroducts ocr vear
120 Coffee processing projects Design capacity of 5 Wltons or more of products peryear, for the wet proeeesingmethod; 10,000 tom lia" moreof products per year for thedry processing methed; 1,000tons or more of prodssts peryear, for processing coffeepowder lmd instant c.offee
Groun of feed processing and cattle, noultrv rearine and aauaculture projects
121 Cattle, poultry and aquatic animal feed Design capacity of 5,.000processing projects tons or more of produets per
I year
122 Projects to process aquatic by-products Design capacity of I,COOtons or more of products peryear
123 Projects to process fish meal Design capacity of tOClOtons or more of products per
I V{'.;JT
124 Aquaculture projects (intensive/semi-intensive Water surface area of 10 hafarming) or more
125 Extensive aquaculture projects Water surface area of50haor more
126 Projects on aquaculture on sand All
127 Larue-scale cattle raisins nroiects 1,000 cattle heads or l'I'tore
128 Large-scale poultry raising projects 20,CXXl poultry heads or more;200 or rrore for ostriches;100,000 or rrore for auails
Group at chemical fertilizer and plant protection drug projects
129 Projects to produce chemical fertilizers Design capacity of 2,000tons or more of products peryw
© VIETNAM LAW & LEGAL FORUM
22 OFFICIAL GAZETTE Issue no10lFebruary 2008(Gang Bdo noo 163-1641March 612008)
130 Projects on warehouses of chemicals and plant Storage capacity of 2 tons OrI nrorectton nnw" mort'
131 Proiects to oroduce nlanr nrotecrion drues All
132 Projects to bottle and pack plant protection drugs Designcapacity of 1,(XX) tonsormore ofproducts per year
133 Projects to produce organic fertilizers and micro- Designcapacityof 1,(()() tonsfertilizers or more of products pee year
Group fJfchemical, pharmaceutical and cosmetic projects
134 Projects to produce pharmaceuticals Design capacity of 50 tons ormore of products per year
135 Proiects to oroduce vaccines All
136 Projects to produce veterinary medicines Design capacity of 50 tons ormore of products per year
131 Projects to produce cosmetics Design capacity of 50 tons ormore of products per year
138 Projects to produce plastics and plastic products Design capacity of 500 tonsor more of products per year
139 Projects to produce plasttc packages Design capacity of 2 millionor more products per year
140 Projects to produce paints and base chemicals Design capacity of 500 tonsor more of products per year
141 Projects to produce detergents and additives Design capacity of 1,000 tonsor IIlOCe of products per year
142 Projects to produce projectile power, explosives Alland fire equipment
143 Proiects to produce industrial explosives All
144 Salt nroduction projects Covering 100 ha or more
Group ef'paper and stationery production projects
145 Projects to produce pulp and paper (from raw Design capacity of 1,000materials) tons or more of products per
I year146 Projects to produce paper from pulp and Design capacity of 5,000
recycling tons or more of products peryoac
147 Projects to produce stationery Design capacity of 1,000tons or more of products per
L-____ year
© VIETNAM LAW & LEGAL FORUM
Issue no1OlFebruarv 2008(C6ng Bao nos 16J-1641MarcfJ 6, 2(08)
OFFICIAL GAZETTE
Group of d veing textile and garment projects
148 Projects on dyeing textiles All
149 Projects on non-dyeing textiles Capacity of 10 million m ormore of fabric per year
150 Projects to produce and process garment Design capacity of 50,000 orproducts involving laundering and bleaching more products per year
151 Projects on production and processing of Design capacity of 2 milliongarment products without laundering and or more products pct~bleaching
152 Industrial laundering projects Design capacity of~.oooor
- - _. more products per y~
153 Projects to produce silk and artificial yarn Design capacity of l,fi) taosor more of products .year
Group of other projects
154 Projects on rubber latex. processing plants Design capacity of 5,(Jl) tOO5or more of products pt'JI' year
155 Projects on rubber processing plants Design capacity of 1,OCO tonsor more or products ear
--
156 Projects to manufacture footwear Design capacity of 1 Ktillionor more of products twIf year
157 projects on to manufacture car and tractor tires Design capacity of~~DOO orand tubes more of products pet Sear for
cars and tractors; 100,900 ormore products per year. forbicycles and motorcjeles
158 Projects to manufacture accumulators and Design capacity of sD.OOObatteries kWh per year or 100 rtlns or
more of products Pet ~eac
159 Projects on leather tanning plants All
160 Projects to produce and extract liquefied CO2 Design capacity of l,QJOgas tons or more ofpro~ts per
year
161 Projects to manufacture fire-fighting equipment Alland products
162 Other projects on renovation, upgrade and Of a nature, size and capacityexpansion equivalent to projects
numbered 1 to 161, exceptfor projects numbered 25 and26 of this Appendix)
© VIETNAM LAW & LEGAL FORUM