MINISTRY OF NATURAL RESOURCES SOCIALIST REPUBLIC OF VIETNAM

AND ENVIRONMENT Independence - Freedom - Happiness

No. 05-2008-TT-BTNMT Hanoi, 8 December 2008

CIRCULAR
PROVIDING
GUIDELINES ON STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL
IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION UNDERTAKINGS

Pursuant to the Law on Protection of the Environment dated 29 November 2005;

Pursuant to Decree 80-2006-ND-CP of the Government dated 9 August 2006 with guidelines for
implementation of the Law on Protection of the Environment ["Decree 80"];

Pursuant to Decree 81-2007-ND-CP of the Government dated 23 May 2007 stipulating Professional
Organizations or Sections for Environmental Protection of State Bodies and State Owned Enterprises
["Decree 81"];

Pursuant to Decree 21-2008-ND-CP of the Government dated 28 February 2008 amending Decree 80;

Pursuant to Decree 25-2008-ND-CP of the Government dated 4 March 2008 providing Functions, Duties,
Powers and Organizational Structure of the Ministry of Natural Resources and Environment;

The Ministry of Natural Resources and Environment hereby provides the following detailed guidelines for
implementation of a number of items on strategic environmental assessment, environmental impact
assessment and environmental protection undertakings:

I. GENERAL PROVISIONS

1. Governing scope

1.1 This Circular provides detailed guidelines for implementation of a number of items on strategic
environmental assessment, environmental impact assessment and environmental protection
undertakings as stipulated in the Law on Protection of the Environment dated 29 November
2005 (hereinafter referred to as the Law on Protection of the Environment), Decree 80-2006-
ND-CP of the Government dated 9 August 2006 making Detailed Provisions and Providing
Guidelines for Implementation of a Number of Articles of the Law on Protection of the
Environment (hereinafter referred to as Decree 80) and Decree 21-2008-ND-CP of the
Government dated 28 February 2008 on Amendment of and Addition to a Number of Articles
of Decree 80-2006-ND-CP of the Government dated 9 August 2006 making Detailed
Provisions and Providing Guidelines for Implementation of a Number of Articles of the Law on
Protection of the Environment (hereinafter referred to as Decree 21), including:

(a) Formulation and appraisal of strategic environmental assessment reports;

(b) Formulation, appraisal and approval of environmental impact assessment reports,

additional environmental impact assessment reports; implementation, inspection and
certification of implementation of contents of environmental impact assessment reports

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 or of additional environmental impact assessment reports and requirements in decisions
on approval;

(c) Formulation, registration and certification of registration of written environmental

protection undertakings;

(d) Regime of inspection and reporting on the work of appraisal and approval of
environmental impact assessment reports and certification of registration of written
environmental protection undertakings.

1.2 This Circular shall not apply to projects which have been brought into operation (namely
operating establishments), including establishments which operated before 1 July 2006 but
previously did not implement the provisions on formulation, appraisal and approval of
environmental impact assessment reports nor implement the provisions on formulation,
registration and certification of written registration for satisfaction of environmental standards.

1.3 Strategies, master plans, plans and projects in the category of national defence and security
and in the category of national secrets as guided in other legal instruments.

2. Applicability

This Circular shall apply to State bodies, domestic organizations and individuals; foreign
organizations and individuals (hereinafter collectively referred to as organizations and individuals)
engaged in activities relating to the items referred to in clause 1.1 of Section 1 of Part I of this
Circular.

3. Application of standards and regulations on technical limits in relation to the environment

Upon formulation of an environmental impact assessment report or a written environmental

protection undertaking, the project owner must apply environmental standards the application of
which is compulsory and national regulations on technical limits relating to the environment of
Vietnam; and the standards and regulations on technical limits relating to the environment pursuant
to international treaties of which Vietnam is a member.

II. FORMULATION AND APPRAISAL OF STRATEGIC

ENVIRONMENTAL ASSESSMENT REPORTS

1. Formulation of strategic environmental assessment reports

1.1 The body which is assigned the duty to formulate a project being an object for which a
strategic environmental assessment report must be formulated as stipulated in article 14 of the
Law on Protection of the Environment (hereinafter referred to as the project owner) shall
establish a working group for strategic environmental assessment comprising environmental
experts and relevant scientists with professional qualifications appropriate for the contents and
nature of the project or shall hire a qualified consultancy organization in order to carry out
strategic environmental assessment and formulate a strategic environmental assessment
report for a strategy, master plan or plan.

1.2 The strategic environmental assessment report must be formulated in accordance with the
structure and satisfy the requirements for contents specified in Appendix 1 to this Circular.

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2. Submission of application file for appraisal of strategic environmental assessment reports

2.1 The project owner shall submit an application file for appraisal of a strategic environmental
assessment report to the appraisal-organizing body specified in article 17.7 of the Law on
Protection of the Environment.

2.2 The number of copies and form of the application file for appraisal shall be regulated as
follows:

(a) One copy of the written application for appraisal of the strategic environmental
assessment report in the form stipulated in Appendix 2 to this Circular;

(b) Nine copies of the strategic environmental assessment report for the project to be bound
in covers in the form of a book stipulated in Appendix 3 to this Circular and in which the
project owner signs and states his or her full name and position and affixes a seal on the
right-hand page;

(c) Nine copies of the draft strategy, master plan or plan in which the project owner signs
and states his or her full name and position and affixes a seal on the right-hand page.

Where the number of members of the appraisal council is more than nine, or in other
necessary cases as required by the work of appraisal, the project owner shall provide extra
copies of the strategic environmental assessment report and of the draft strategy, master plan
or plan upon the request of the appraisal-organizing body.

3. Appraisal of strategic environmental assessment reports

3.1 The body authorized to appraise strategic environmental assessment reports shall designate
its professional body as the standing body in the appraisal council.

3.2 The organization and operation of the appraisal council for strategic environmental
assessment reports; and the duties of the standing body in the appraisal council shall be
subject to regulations promulgated by the Minister of Natural Resources and Environment.

3.3 The appraisal-organizing body shall establish an appraisal council for a strategic
environmental assessment report upon receipt of a valid and complete file which satisfies the
requirements for appraisal; the number of members of the appraisal council shall be
determined on the basis of the provisions in articles 17.2, 17.3 and 17.4 of the Law on
Protection of the Environment, the nature and scale of the project and specified requirements
relating to the environment, but the number of members must be at least nine.

3.4 The time-limit for appraisal shall be as stipulated in clauses 1 and 2 of article 12 of Decree 80.

4. Appraisal-organizing bodies for strategic environmental assessment reports shall have the following
responsibilities:

4.1 To notify the project owner in writing of the appraisal result within a time-limit of five working
days or less after closing of the meeting of the appraisal council. The content of the written
notification must specify that the strategic environmental assessment report has been
approved without any amendment or addition; or has not been approved and must be
submitted for re-appraisal; or has been approved but must be amended in accordance with
requirements for amending or adding to the strategic environmental assessment report and
recommendations on amendments of the draft strategy, master plan or plan (if any).

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 4.2 To review the content of the strategic environmental assessment report as amended by the
project owner.

4.3 To report to the body authorized to approve the project with the result of appraisal of the
strategic environmental assessment report in accordance with articles 10.3 and 10.4 of Decree
80 within a time-limit of ten (10) working days or less from the date of receipt of the complete
file from the project owner as stipulated in clause 5.2 of Section 5 of Part II of this Circular.
The report on result of appraisal of a strategic environmental assessment report shall be in
writing, specifying the appraisal opinions and recommendations of the appraisal-organizing
body accompanied by a photocopy of the minutes of the meeting of the appraisal council with
all items, conclusions and signatures of the chairman and secretary of the appraisal council
and a photocopy of an explanatory statement of the project owner on amended items in a case
where the strategic environmental assessment report had to be amended in accordance with
the requirements of the appraisal-organizing body.

5. Project owners shall have the following responsibilities:

5.1 To finalize the strategic environmental assessment report in accordance with the requirements
of the appraisal-organizing body in a case where the strategic environmental assessment
report is approved by the appraisal council but must be amended (in the case where the
strategic environmental assessment report has not been approved by the appraisal council but
must be amended and re-submitted to the competent body for appraisal as stipulated); to
amend the draft strategy, master plan or plan on the basis of consideration and acceptance of
recommendations from the appraisal-organizing body and comply with the requirements for
environmental protection specified in the amended strategic environmental assessment report.

5.2 To re-submit a file comprising one copy of the amended draft strategy, master plan or plan,
and two copies, accompanied by one copy recorded in a CD, of the finalized strategic
environmental assessment report and the explanatory statement on amended items to the
appraisal-organizing body.

5.3 The period in which the project owner finalizes and re-submits the strategic environmental
assessment report upon request of the appraisal-organizing body shall not be included in the
time-limit stipulated in clauses 1 and 2 of Decree 80.

III. FORMULATION, APPRAISAL AND APPROVAL OF ENVIRONMENTAL IMPACT ASSESSMENT

REPORTS AND ADDITIONAL ENVIRONMENTAL IMPACT ASSESSMENT REPORTS;
IMPLEMENTATION, INSPECTION AND CERTIFICATION OF IMPLEMENTATION
OF ITEMS OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS AND
ADDITIONAL ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
AND REQUIREMENTS OF APPROVAL DECISIONS

1. Formulation of environmental impact assessment reports

1.1 An organization or individual being the owner of an investment project (hereinafter referred to
as the project owner) for which an environmental impact assessment report must be
formulated shall carry out itself, or hire a consultancy organization which satisfies all conditions
stipulated in article 8 of the Decree 80 to carry out environmental impact assessment and
formulate an environmental impact assessment report for the project.

1.2 The environmental impact assessment report must be formulated in accordance with the
structure and satisfy the requirements for contents stipulated in Appendix 4 to this Circular.

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2. Seeking opinions from communities

2.1 The project owner shall send a written notice of the main investment items, environmental
issues and solutions on environmental protection of the project to the [commune] people's
committee and the commune committee of the Fatherland Front of the locality in which the
project will be implemented and request such committees to give their opinion. Specific items
of the notice shall comprise main items of the project, negative impact of the project on the
natural and socio-economic environment (specifying types of waste and their concentration
and volume which will be discharged), measures to be taken in order to minimize such
negative impact and other undertakings of the project owner to protect the environment
(specifying technology, equipment and waste treatment facilities, level of treatment pursuant to
specific specifications of waste in comparison with stipulated standards or regulations on limits
and other measures to protect the environment) accompanied by plans (maps and drawings)
specifying the location of the project in linkage with surrounding natural and socio-economic
subjects, a layout (plan drawing) of the project with main items of the project and facilities for
treatment and management of waste of the project and environmental protection facilities in
respect of elements other than waste (specifying points of connection with infrastructure
facilities, including connection between the facilities for treatment and management of waste of
the project and the network of basic infrastructure facilities and natural objects outside the
boundary of the project).

2.2 The [commune] people's committee and commune committee of the Vietnam Fatherland Front
shall have the following responsibilities within the time-limit stipulated in article 1.4 of
Decree 21:

● To notify the project owner in writing [of their opinion] in the form stipulated in Appendix 5
to this Circular and to announce it publicly to the people.

● To notify the project owner in writing of its request for co-ordination in holding a dialogue
where necessary. The result of the dialogue between the project owner and the
[commune] people's committee and commune committee of the Fatherland Front and
parties concerned shall be recorded in minutes in which a list of participants and all
opinions discussed, agreed or disagreed by the project owner are recorded in full; the
representative of the project owner and representatives of the parties concerned
participating in the dialogue shall sign the minutes (and state their full names and
positions).

2.3 All opinions for or against from the commune people's committee, the commune committee of
the Vietnam Fatherland Front or participants in the dialogue shall be collected and stated
truthfully in the contents of the environmental impact assessment report.

2.4 All of the documents of the project owner seeking opinions from communities and written
opinions of the commune people's committee and the commune committee of the Fatherland
Front, the minutes of the dialogue and documents seeking opinions from other communities (if
any) shall be photocopied and enclosed as appendices to the environmental impact
assessment report.

2.5 Opinions from the commune people's committee and the representative of the resident
community of the locality in which the project will be implemented shall not be required during
formulation of an environmental impact assessment report for the cases stipulated in clause 4
of article 1 of Decree 21.

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3. Submission of application file for appraisal of environmental impact assessment reports

3.1 The project owner shall submit an application file for appraisal of the environmental impact
assessment report to the body authorized to organize appraisal of environmental impact
assessment reports specified in articles 21.7(a) and (b) of the Law on Protection of the
Environment and article 1.5 of Decree 21.

3.2 The number of copies and form of the application file for appraisal shall be regulated as
follows:

(a) One copy of the application of the project owner for appraisal and approval of the
environmental impact assessment report in the standard form in Appendix 6 to this
Circular.

(b) Seven copies of the environmental impact assessment report for the project to be bound
in covers in the form of a book stipulated in Appendix 7 to this Circular and in which the
project owner signs and states his or her full name and position and affixes a seal on the
right-hand page. Where the number of members of the appraisal council is more than
seven, or in other necessary cases as required by the work of appraisal, the project
owner shall provide extra copies of the environmental impact assessment report upon
the request of the appraisal-organizing body.

(c) One copy of the investment report or economic-technical report or investment project or
an equivalent document for the project in which the project owner signs and states his or
her full name and position and affixes a seal on the right-hand page.

3.3 The date of submission of an application file for appraisal and approval of an environmental
impact assessment report for a project is stipulated in article 1.5 of Decree 21.

4. Appraisal of environmental impact assessment report by a council

4.1 The body authorized to appraise environmental impact assessment reports shall designate its
professional body as the standing body in the appraisal council.

4.2 The organization and operation of the appraisal council for environmental impact assessment
reports; [and] the duties of the standing body in the appraisal council shall be subject to
regulations issued by the Minister of Natural Resources and Environment.

4.3 The appraisal-organizing body shall establish an appraisal council for an environmental impact
assessment report upon receipt of a valid and complete file which satisfies the requirements
for appraisal; the number of members of the appraisal council shall be determined on the basis
of the provisions in articles 21.2, 21.3 and 21.4 of the Law on Protection of the Environment,
the nature and scale of the project and specified requirements relating to the environment, but
the number of members must be at least seven.

4.4 The standing body in the appraisal council shall notify the project owner in writing of the
evaluation result of the appraisal council and requirements relating to finalization of the
environmental impact assessment report file within a time-limit of five working days or less
from the date of receipt of such result from the appraisal council.

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5. Appraisal of environmental impact assessment report by a services organization

Appraisal of an environmental impact assessment report by an appraisal service organization shall

be carried out in accordance with the regulations on conditions and provision of appraisal services for
environmental impact assessment reports issued with Decision 19-2007-QD-BTNMT of the Ministry
of Natural Resources and Environment dated 26 November 2007 (hereinafter referred to as
Regulations 19).

6. Finalization of environmental impact assessment reports

6.1 Cases of appraisal by a council:

The project owner must finalize the environmental impact assessment report in accordance
with the requirements of the appraisal-organizing body and shall sign on the bottom left corner
of each page of the finalized report and photocopy and bind in covers in the form of a book
with a hard back in the following number and deliver such copies to the appraisal-organizing
body together with a specific explanatory document regarding such finalization for
consideration and approval:

(a) With respect to environmental impact assessment reports falling under the approval
power of the Ministry of Natural Resources and Environment, the number of copies of
the report must be sufficient for delivery to the following recipients: the Ministry of
Natural Resources and Environment (three copies accompanied by one copy recorded
on a CD); the Department of natural resource and environment of the locality with the
land to be used for the project (one copy); the ministry or branch in charge of the project
(one copy); the management committee of an economic zone or the management
committee of an industrial zone, export processing zone or high-tech zone (hereinafter
referred to as the management committee) (one copy) in the case of an investment
project in an industrial zone, export processing zone or high-tech zone; and the project
owner (one copy). Where the project is located in a land area belonging to two or more
provinces and cities under central authority, the [applicant] shall deliver extra copies of
the environmental impact assessment report corresponding to the increased number of
provinces.

(b) With respect to environmental impact assessment reports falling under the approval
power of ministries, ministerial equivalent bodies and Government bodies, the number
of copies of the report must be sufficient for delivery to the following recipients: the
ministry or branch in charge of the project (three copies accompanied by one copy
recorded on a CD); the department of natural resource and environment of the locality
with the land used for project (one copy); the Ministry of Natural Resources and
Environment (one copy); the management committee (one copy) in the case of
investment projects in industrial zones, export processing zones and high-tech zones;
and the project owner (one copy).

(c) With respect to environmental impact assessment reports falling under the approval
power of provincial people's committees, the number of copies of the report must be
sufficient for delivery to the following recipients: the provincial people's committee in
which the project is located (one copy accompanied by one copy recorded on a CD; the
department of natural resources and environment (one copy); the management
committee (one copy) in the case of investment projects in industrial zones, export
processing zones and high-tech zones; and the project owner (one copy).

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 6.2 Cases of appraisal by service organizations:

(a) Finalization of an environmental impact assessment report by a appraisal service

organization shall be carried out in accordance with articles 14, 15 and 16 of
Regulations 19;

(b) The finalized environmental impact assessment report must ensure the number [of
copies] and requirements specified in clause 6.1 of Section 6 of Part III of this Circular.

6.3 Where finalization of an environmental impact assessment report takes more than twenty four
(24) months from the date on which the standing body in the appraisal council notifies in
writing the evaluation result of the appraisal council and requirements relating to finalization of
the environmental impact assessment report or where there is any basic change in production
technology, capacity or location of the project during finalization of the environmental impact
assessment report, the project owner must re-formulate an application file for appraisal of the
environmental impact assessment report for the project.

6.4 The period of finalization of the environmental impact assessment report of the project owner
shall not be included in the time-limit for appraisal stipulated in article 12 of Decree 80.

7. Re-appraisal of environmental impact assessment reports

7.1 Where an environmental impact assessment report is not passed by the appraisal council or
appraisal service organization or where there is a change in the project as referred to in clause
6.3 of Section 6 of Part III of this Circular, re-appraisal of the environmental impact
assessment report shall be carried out upon written request of the project owner.

7.2 The re-appraisal of the environmental impact assessment report shall be carried out by the
appraisal council or appraisal service organization which previously carried out [the appraisal];
where necessary, the body authorized to appraise the environmental impact assessment
report shall establish a new appraisal council or select another service organization for re-
appraisal.

7.3 Costs for re-appraisal of the environmental impact assessment report shall be borne by the
project owner in accordance with the prevailing regime and regulations.

8. Approval of environmental impact assessment reports

8.1 An environmental impact assessment report shall be approved by way of issuing a decision
approving the environmental impact assessment report in the form stipulated in Appendix 8 to
this Circular.

8.2 Where the competent body for approval considers that there is a possibility of adverse impact
on the environment, but such impact has not been yet assessed in full in the environmental
impact assessment report due to an objective cause such as: data on the burden bearing
capacity of the surrounding environment is insufficient, the assessment of risks is not reliable
enough and there is another event of force majeure, such body must make a note in the
section on requirements attached to the decision on approval.

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9. Certification and delivery of approved environmental impact assessment reports

After the environmental impact assessment report has been approved, the competent body for
approval (or the body delegated by it) shall be responsible:

● To make certification on the back of the right-hand page of each copy of the environmental
impact assessment report in the form stipulated in Appendix 9 to this Circular.

● To deliver [copies of] the certified environmental impact assessment report accompanied by
the decision approving the environmental impact assessment report to the project owner and
other relevant bodies as stipulated in paragraph 6.2 of Section 6 of Part III of this Circular.

● To send the decision approving the environmental impact assessment report in accordance
with articles 15.1 and 15.2 of Decree 80.

10. Formulation, appraisal and approval of additional environmental impact assessment reports

10.1 A project owner in the cases specified in article 13.1(a) of Decree 80 and article 1.6 of Decree
21 shall be responsible to formulate an additional environmental impact assessment report
and submit it to the body which approved the previous environmental impact assessment
report for the project for appraisal and approval before commencement of the implementation.

10.2 The additional environmental impact assessment report must be formulated in accordance
with the structure and satisfy the content requirements stipulated in Appendix 10.

10.3 The number of copies and form of the application file for appraisal and approval of an
additional environmental impact assessment shall be regulated as follows:

(a) One copy of the written application for appraisal and approval of additional
environmental impact assessment report in the form stipulated in Appendix 11.

(b) Seven copies of the additional environmental impact assessment report to be bound in
covers in the form of a book stipulated in Appendix 12 and in which the project owner
signs and states his or her full name and position and affixes a seal on the right-hand
page. In necessary cases as required by the work of appraisal, the project owner shall
provide extra copies of the additional environmental impact assessment report upon
request of the appraisal-organizing body.

(c) One copy of the previously approved environmental impact assessment report for the
project.

(d) One copy (authenticated in accordance with law) of the decision approving the previous
environmental impact assessment report for the project.

(dd) One copy of the amended investment report or amended economic-technical report or
amended investment project or an equivalent document in which the project owner
signs and states his or her full name and position and affixes a seal on the right-hand
page.

10.4 Appraisal of the additional environmental impact assessment report shall be carried out by way
of seeking opinions in writing from appropriately qualified professional scientists and managers
and from the State administrative body for environmental protection of the locality in which the
project is located, which opinions shall be given in the form stipulated in Appendix 13. Where

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 necessary, appraisal of the additional environmental impact assessment report shall be carried
out by an appraisal council or by an appraisal service organization.

10.5 Where a file fails to satisfy the requirements for appraisal, the appraisal-organizing body must
notify the project owner in writing of the reasons therefor for finalization within a time-limit of
five working days or less from the date of receipt of the application file from the project owner.

10.6 Where a file satisfies the requirements for appraisal, the competent appraisal body shall
consider and approve the additional environmental impact assessment report within a time-
limit of thirty (30) working days or less; and in the case of failure to satisfy all requirements for
approval, shall notify the project owner in writing of its recommendations and evaluation of the
additional environmental impact assessment report for finalization of the application file for
approval of the additional environmental impact assessment report.

10.7 The application file for approval of the additional environmental impact assessment report shall
comprise an explanatory statement on finalization accompanied by one copy of the finalized
additional environmental impact assessment report in which the project owner signs on the
bottom left corner of each page, and which shall be photocopied and bound in covers in the
form of a book with a hard back in the same number of copies of the previously approved
environmental impact assessment report for the project.

10.8 The decision approving an additional environmental impact assessment report shall be made
in the form stipulated in Appendix 14 in a sufficient number of original copies for delivery to the
recipients which received the decision approving the previous environmental impact
assessment report.

10.9 An approved additional environmental impact assessment report must bear certification on the
back of its right-hand page made in the form stipulated in Appendix 9.

10.10 The delivery of a certified additional environmental impact assessment report and the decision
approving the additional environmental impact assessment report shall be carried out the
same as the previous delivery of the approved environmental impact assessment report and
the decision approving the previous environmental impact assessment report.

11. A project owner shall have the following responsibilities after its environmental impact assessment
report is approved:

11.1 To submit a report on the content of the decision approving the environmental impact
assessment report for the project to the district people's committee of the locality where the
project will be implemented, in the form stipulated in Appendix 15 within a time-limit of fifteen
(15) days or less from the date of receipt of the decision approving the environmental impact
assessment report.

11.2 To prepare a summary of the approved environmental impact assessment report in the form
stipulated in Appendix 16 and display it at the office of the commune people's committee
whose opinion was sought previously. The period of display shall start no later than five days
after receipt of the decision approving the environmental impact assessment report or the
decision approving the additional environmental impact assessment report (if any) and end on
the date of official operation of the project.

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 11.3 To prepare the following reports and documents and submit them to the body which approved
the environmental impact assessment report and the Department of natural resources and
environment of the province or city where the land for the project is situated:

(a) A report on the plan for construction and installation of environmental protection and
treatment facilities in the form stipulated in Appendix 17.

(b) A report on the plan for testing operation of environmental protection and treatment
facilities before official operation of the project in the form stipulated in Appendix 18.

(c) A report on implementation of the contents of the report and the requirements of the
decision approving the environmental impact assessment report before official operation
of the project accompanied by applications for certification on the relevant forms
stipulated in Appendices 19 and 20 to this Circular.

11.4 Where the additional environmental impact assessment report for the project is approved, the
project owner must report on the content of the additional environmental impact assessment
report to the district people's committee of the locality in which the project is situated within the
time-limit specified in clause 11.1 of Section 11 of Part II of this Circular and update items in
the reports referred to in clause 11.3 of Section II of Part III of this Circular regarding the
approved additional environment impact assessment report and the requirements of the
decision approving the additional environmental impact assessment report.

11.5 To implement other requirements stipulated in article 14 of Decree 80.

12. The body approving the environmental impact assessment report shall have the following
responsibilities after the environmental impact assessment report is approved:

12.1 To monitor and inspect implementation of the content of the approved environmental impact
assessment report and of the approved additional such report (if any) and the requirements of
the decision on approval before official operation of the project on the basis of research and
consideration of reports and application files for certification submitted by the project owner.

Where necessary, [to make a decision] establishing an inspection team in the form stipulated
in Appendix 21 in order to co-ordinate with relevant bodies to carry out inspection on the site
where the project is to be implemented. The inspection result shall be recorded in minutes in
the form stipulated in Appendix 22 in which representatives of the inspecting body, of the
project owner and of the co-ordinating bodies shall sign and state their full name.

12.2 To issue certification in writing that the project owner has performed the content of the report
and the requirements of the decision approving the environmental impact assessment report
and of the decision approving the additional such report (if any) before official operation of the
project in the form stipulated in Appendix 23 within the following time-limits from the date of
receipt of the application accompanied by the valid and complete file from the project owner as
stipulated in clause 11.3 of Section 11 of Part III of this Circular, namely:

(a) No later than fifteen (15) working days in the case where inspecting, surveying and
sampling activities on the site where the project is to be implemented are not required.

(a) No later than twenty five (25) working days in the case where inspecting, surveying and
sampling activities on the site where the project is to be implemented are required and
the project satisfies all conditions for certification.

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 Where the project has not satisfied all conditions for certification, to give notification in writing
to the project owner specifying the reason therefor and requirements for further
implementation. The period for the project owner to perform such requirements of the body
approving the environmental impact assessment report shall not be included in the aforesaid
time-limit of twenty five (25) working days.

12.3 If, during inspection and certification that the project owner has performed the content of the
report and the requirements of the decision approving the environmental impact assessment
report, the observational data and analysis of environmental parameters reported by the
project owner fail to ensure a sufficient degree of reliability, the certifying body shall co-
ordinate with an organization with adequate professional and technical capacity to carry out a
survey, sampling and analyses for verification; and the costs for inspection, sampling and
analyses of environmental parameters for verification shall be funded by the budget of the
certifying body in accordance with applicable laws.

12.4 To implement other provisions specified in article 15 of Decree 80.

13. Technical inspection in respect of environmental protection and treatment facilities

13.1 Technical inspection in respect of environmental protection and treatment facilities shall be
carried out in accordance with the laws on investment and construction.

13.2 Organizations which have carried out design, construction or installation of works or items of
works being environmental protection and treatment facilities shall not be permitted to carry
out technical inspection in respect of such works or items of works.

14. Authorization to appraise and approve environmental impact assessment reports for investment
projects in economic zones, industrial zones, export processing zones and high-tech zones

14.1 The State body authorized to appraise and approve environmental impact assessment reports
shall be permitted to authorize in writing a management committee to appraise and approve
environmental impact assessment reports for investment projects in an economic zone,
industrial zone, export processing zone or high-tech zone on the basis of the conditions
stipulated in article 1.8 of Decree 21 when such management committee has a professional
organization or section for environmental protection being an environmental control division
established pursuant to article 9.1 of Decree 81.

14.2 The authorized management committee shall be responsible to perform fully the role of the
competent State body in relation to appraisal of environmental impact assessment reports by
an appraisal council or by an appraisal services organization; re-appraisal of environmental
impact assessment reports; approval of environmental impact assessment reports; certification
and delivery of approved environmental impact assessment report files; appraisal and
approval of additional environmental impact assessment reports for projects for which an
environmental impact assessment report was approved previously under authorization; and
shall have the responsibilities of the body approving environmental impact assessment reports
after such environmental impact assessment reports were approved in accordance with the
provisions of Part III of this Circular, shall forward the results thereof to the competent principal
and shall comply with the regime of inspection and reporting stipulated in Part V of this
Circular.

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 IV. FORMULATION, REGISTRATION AND CERTIFICATION OF WRITTEN
ENVIRONMENTAL PROTECTION UNDERTAKINGS

1. Formulation of written environmental protection undertakings

1.1 Project owners falling in the category specified in article 24 of the Law on Protection of the
Environment shall be responsible to formulate a written environmental protection undertaking.

1.2 The structure and the requirements for contents of a written environmental protection
undertaking shall be as stipulated in Appendix 24 to this Circular.

2. Registration of written environmental protection undertakings

2.1 The project owner shall be responsible to submit an application file for registration of a written
environmental protection undertaking to the people's committee of the district, town or
provincial city (hereinafter referred to as the district people's committee) of the locality in which
the project is located or the authorized people's committee of a commune, ward or township
(hereinafter referred to as the commune people's committee) for registration and issuance of a
certificate.

2.2 The date of registration of written environmental protection undertakings shall be subject to
article 1.7.1 of Decree 21.

2.3 Where a project is located in two or more districts, the project owner shall itself evaluate,
compare and select a district people's committee within its locality suffering heaviest impact
from the project for submission of the application file for registration of the written
environmental protection undertaking.

2.4 The number of copies and form of the file for registration of written environmental protection
undertakings shall be stipulated as follows:

(a) One copy of the written application for certification of registration of the written
environmental protection undertaking in the form in Appendix 25.

(b) Five copies of the written environmental protection undertaking which are bound in
covers in the form of a book with a hard back as stipulated in Appendix 26 and in which
the project owner signs and states his or her full name and position and affixes a seal on
the right-hand page of each copy; where a project is located within two or more
districts, extra copies of the written environmental protection undertaking shall be
submitted corresponding to the increased number of districts.

(c) One copy of the investment report or economic-technical report or production and
business plan or the equivalent document for the project; where a project is located
within two or more districts, extra copies of the documents of the file shall be submitted
corresponding to the increased number of districts.

3. Certification of registration of written environmental protection undertakings

3.1 Certification of a written environmental protection undertaking shall be made in the form of a
certificate as stipulated in Appendix 27 to this Circular.

Where a project is located within two or more districts, the district people's committee receiving
the application file for registration of the written environmental protection undertaking shall be

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 responsible to send copies of such undertaking to the relevant district people's committees
where the land to be used for the project is situated, to seek their opinion before issuance of a
certificate.

3.2 The body issuing the certificate of registration of the written environmental protection
undertaking shall make certification on the back of the right-hand page of each copy of such
undertaking in the form stipulated in Appendix 9.

3.3 Where a registration file fails to satisfy all conditions for certification, the district people's
committee or the authorized commune people's committee shall give notification in writing to
the project owner, specifying the reasons therefor for further finalization of the file for
registration of the written environmental protection undertaking. The period of finalization of
the file by the project owner shall not be included in the time-limit for certification of such
undertaking as stipulated in article 26 of the Law on Protection of the Environment.

4. Delivery of files for certification of written environmental protection undertakings

4.2 In the case of registration and certification at the district level, the district people's committee
which certifies registration of the written environmental protection undertaking shall be
responsible to deliver one copy of such undertaking accompanied by the certificate to the
following recipients:

(a) The project owner for implementation.

(b) The State administrative body for environmental protection at the provincial level by way
of report.

(c) The people's committees of all other districts where the land to be used for the project is
situated, in a case where a project is located within two or more districts.

4.2 In the case of registration and certification at the commune level, the commune people's
committee which certifies registration of the written environmental protection undertaking shall
be responsible to deliver one copy of such certified undertaking accompanied by the certificate
to the following recipients:

(a) The project owner for implementation.

(b) The district people's committee by way of report.

5. Formulation, registration and certification of written additional environmental protection undertakings

5.1 Formulation of a written additional environmental protection undertaking shall be required in

the following cases:

● The project has a basic change in technology or scale, capacity or location of

implementation; and where the change of the location of the project arises concurrently
with the change of the competent body for approval, the project owner must re-formulate
a registration file for registration of a written environmental protection undertaking.

● Implementation of the project is only commenced after twenty four (24) months from the
date on which the competent body certified the written environmental protection
undertaking.

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 5.2 A written additional environmental protection undertaking must be formulated in accordance
with the structure and satisfy the requirements for contents stipulated in Appendix 28, and the
project owner shall sent the written additional environmental protection undertaking file to the
body which issued the certificate of registration of the pervious such undertaking for
consideration and certification.

5.3 The number of copies and form of the file for registration of a written additional environmental
protection undertaking shall be stipulated as follows:

(a) One copy of the written application for certification of registration of the written additional
environmental protection undertaking in the form in Appendix 29.

(b) One copy of the previously certified written environmental protection undertaking.

(c) One copy (authenticated in accordance with law) of the certificate of registration of the
previous written environmental protection undertaking.

(d) One copy of the amended investment report or the amended economic-technical report
or the amended production and business plan or an equivalent document for the project
in which the project owner signs and states his or her full name and position and affixes
a seal on the right-hand page.

(dd) The number of copies of the written additional environmental protection undertaking
shall be equal to the number of copies of such undertaking previously approved by the
competent body.

5.4 Certification of registration of a written additional environmental protection undertaking shall

be carried out as certification of registration of the previous such undertaking and shall be in
the form of a certificate of registration of a written additional environmental protection
undertaking as stipulated in Appendix 30.

5.5 Delivery of a certified written additional environmental protection undertaking file shall be
carried out as delivery of the previously certified written additional environmental protection
undertaking file for the project.

6, Authorization to commune people's committees to certify registration of written environmental

protection undertakings

6.1 The district people's committee shall be permitted to authorize a commune people's committee
to certify registration of written environmental protection undertakings when the former
considers that the commune people's committee has sufficient professional capacity regarding
the environment and upon written request of the commune people's committee for
authorization to certify written environmental protection undertakings prepared in the form
stipulated in Appendix 31.

6.2 The district people's committee shall, within three working days from the date of receipt of an
official letter from the commune people's committee requesting authorization, be responsible:

(a) To send a power of attorney for certification of written environmental protection

undertakings in the form stipulated in Appendix 32 to the commune people's committee.

(b) To notify the commune people's committee and the project owner in writing of its
disagreement to provide authorization, specifying the reasons therefor.

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 6.3 The period of consideration and resolution of a request of the commune people's committee
for authorization shall not be included in the time-limit for certification of the written
environmental protection undertaking.

6.4 Where the request for authorization is refused, the commune people's committee shall be
responsible to return the written environmental protection undertaking registration file to the
project owner for submission to the competent district people's committee for consideration
and approval in accordance with regulations.

6.5 The district people's committee may not authorize a commune people's committee in a case
where a project is located within two or more communes.

7. Authorization to certify registration of written environmental protection undertakings of investment

projects in economic zones, industrial zones, export processing zones and high-tech zones

7.1 The district people's committee authorized to certify registration of written environmental
protection undertakings may authorize in writing the management committee to certify
registration of written environmental protection undertakings of an investment project in an
economic zone, industrial zone, export processing zone or high-tech zone on the basis of the
conditions stipulated in article 1.8 of Decree 21, when such management committee has a
professional organization or section for environmental protection being an environmental
control division which is established pursuant to article 9.1 of Decree 81.

7.2 The authorized management committee shall be responsible to perform fully the role of the
competent district people's committee in relation to certifying registration of written
environmental protection undertakings; delivery of certification files of written environmental
protection undertakings; and certifying registration of written additional environmental
protection undertakings of projects for which a written environmental protection undertaking
was previously certified in accordance with Part IV of this Circular, and shall forward the
results thereof to the competent district people's committee which authorized it and shall
comply with the regime of inspection and reporting stipulated in Part V of this Circular.

V. REGIME OF INSPECTING AND REPORTING ON THE WORK OF APPRAISAL AND

APPROVAL OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS AND
CERTIFICATION OF REGISTRATION OF WRITTEN ENVIRONMENTAL PROTECTION
UNDERTAKINGS

1. Professional bodies for environmental protection under the bodies authorized to appraise and
approve environmental impact assessment reports as stipulated in article 21.7(b) of the Law on
Protection of the Environment and Departments of natural resources and environment of provinces
and cities under central authority shall be subject to inspection by the Ministry of Natural Resources
and Environment in their work of appraisal and approval of environmental impact assessment reports
in accordance with the applicable laws; and shall be responsible to submit reports on their work of
appraisal and approval of environmental impact assessment reports for the previous year
accompanied by a table of data (by way of sending an A4 size document by post and a file to the
email address) prepared in the form stipulated in Appendix 33 to the Ministry of Natural Resources
and Environment before 30 January each year.

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2. Authorized management committees shall be subject to inspection by their principals in their work of
appraisal and approval of environmental impact assessment reports and the work of certifying
registration of written environmental protection undertakings in accordance with the applicable laws;
and shall be responsible to submit reports to the following bodies before 15 January each year:

2.1 A report on the work of appraisal and approval of environmental impact assessment reports
accompanied by a summary of results of such activities for the previous year (by way of
sending a A4 size document by post and a file to the email address) prepared in the form
stipulated in Appendix 33 to the Ministry of Natural Resources and Environment.

2.2 A report on the work of certification of registration of written environmental protection

undertakings accompanied by a summary of results of such activities for the previous year (by
way of sending a A4 size document by post and file to the email address) prepared in the form
stipulated in Appendix 34 to the Department of natural resources and environment.

3. District people's committees shall be subject to inspection by the Department of natural resources
and environment of their work of certifying registration of written environmental protection
undertakings in accordance with the applicable laws; and shall be responsible to submit a report on
their work of certifying registration of written environmental protection undertakings for the previous
year accompanied by a table of data (by way of sending a A4 size document by post and a file to the
email address) prepared in the form stipulated in Appendix 33 to the Department of natural resources
and environment before 15 October each year.

4. Departments of natural resources and environment of provinces and cities under central authority
shall be responsible to submit a report on their work of certifying registration of written environmental
protection undertakings in their locality, specifying the total projects which were issued with a
certificate, difficulties and problems, and proposing measures to resolve such outstanding matters to
the superior people's committee and the Ministry of Natural Resources and Environment before 30
January each year.

V. IMPLEMENTING PROVISIONS

1. Ministries, ministerial equivalent bodies, Government bodies and people's committees at all levels
shall organize implementation of this Circular.

2. This Circular shall be of full force and effect fifteen (15) days from the date of publication in the
Official Gazette and shall replace Circular 08-2006-TT-BTNMT of the Ministry of Natural Resources
and Environment dated 8 September 2006 providing guidelines on formulation and appraisal of
environmental impact assessment reports and written environmental protection undertakings.

3. The appraisal of strategic environmental assessment reports, appraisal and approval of

environmental impact assessment reports and certification of registration of written environmental
protection undertakings in respect of files which were received by the competent body before the
effective day of this Circular shall continue to be carried out in accordance with Circular 08.

4. Any problems arising during implementation should be reported in a timely manner to the Ministry of
Natural Resources and Environment for consideration and resolution

Minister
PHAM KHOI NGUYEN

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