18
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 SUPPLEMEN- TING A MJMBER OF ARTICLES OF THE GOVERNMENT'S DECREE No.lIOI2OlHW'ND- CP OF AUGUST 9, 2006, DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBEI!.OFARTICLESOFTHELAWON ENVIRONMENTAL PROTECTION THE GOVERNMENT PurslJtf1ft to the December 25, 2001 Law on Organizdl'tnn of the Government; PurSU44t to the November 29, 2005 Law on Enviromrwntal Protection; Pursuant to the June 29, 2006 Law on Standards DJUi Technical Regulations: At the proposal oj the Minister of Natural ReSOuTCe1 and Environment. DECREES; Articl£ 1.-To amendand supplementa number of articles of the Government's Decree No. 801 2OO6IND-CP of August 9, 2006, detailing and guiding the implementation of a numberof articles of the Law on Environmental Protection (below referred to as Decree No. 8012006/ND-CP). 1. To amend and supplement Article 4 as follows: .. Article Transitional provisions, review and conversion of environmental standards into environmental technical regulations 1.Environmental standards announced by the State for compulsory application shall be r.o"lnvprtf'.r1 intCl regulations as follows: aJ Standards of surrounding environment quality shall be converted into technical regulations on surrounding environment quality; b/ Standards of waste shall be converted into technical regulations on waste. 2. The Ministry of Natural Resources and Environment shall review and convert national standards of surroundingenvironmentquaJity and national standards of waste promulgated before January 1, 2007, into national technical regulations on surrounding environmental quality and national technical regulations on waste. 3. The review and conversion of standards of surrounding environment quality and standards of waste into technical regulations on surrounding environmentquality and technical regulations on waste shall be conducted in accordance with the current provisions of law on standards and teclnrh.al regulatlons." 2. Th amend and supplement Article 5 as follows: "Article 5.- Responsibilities, order and procedures for formulation, promulgation and stipulation of application of environmental technical regulations 1. The Ministry of Natural Resources and Environment shall formulate and promulgate national technical regulations on surrounding environment quality and national technical regulations on waste and stipulate roadrnaps and coefficients for application of national technical regulations on waste for regions, areas and sectors . © VIETNAM LAW & LEGAL FORUM

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Page 1: PartI. LEGALDOCTJMRNTS THEGOVERNMENTextwprlegs1.fao.org/docs/pdf/vie79328.pdf · 2013. 3. 21. · Standards DJUi Technical Regulations: At the proposal ojthe Minister ofNatural ReSOuTCe1

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

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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

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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

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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

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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

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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

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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

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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

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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-

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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

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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

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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

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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

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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

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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

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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

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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

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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