Regulations on Environment Impacts Assessment and Environmental Protection
Law of Environmental Protection (LEP)(2005): sets out regulations on strategic environmental assessment, environmental impact assessment and environmental protection commitment of development activities. Environmental Impact Assessment report is developed at the same time as investment project preparation (feasibility study.
Decree No. 29/2011/NĐ-CP dated 18/04/2011, provide regulations on the preparation, appraisal and approval of Strategic Environmental Assessment reports, DTM reports, and Environmental Protection Committement (Clause 29-36). At the time of formulation, appraisal and approval of reports detailed in Clause 2, Article 13 of Decree No. 21/2011/ND-CP, the screening environment (type of environmental assessment for the investment project) shall comply with the list of projects in Annex 1 and Annex 2 of the Decree 29/2011/ND-CP. Environment Impacts Assessment (EIA). According to this Decree, subprojects in 07 provinces Ha Giang, Phu Tho, Hoa Binh, Thanh Hoa, Ha Tinh, Quang Tri and Quang Nam under this Project have to prepare Reports of Environmental Impacts Assessment (DTM).
Circular No.26/2011/TT-BTNMT, dated 18/07/2011 issued by MONRE provides guidelines to implement Decree No. 29/2011/ND-CP. This Circular gives detail guidelines to formulate Environment Impacts Assessment (DTM) Report;
Circular No. 16/2009/TT-BTNMT issued on 07/10/2009 of Ministry of Natural Resources and Environment on regulations, national technical criteria on environment, air quality and toxic substances in the air ambient;
Decision No.22/2006/QĐ-BTNMT dated 25/12/2006 issued by MONRE on forcing to apply Environmental Standards of Vietnam.
Decree No. 181/2004/ND-CP on guidance to implement Land Law, year 2003.
Decree No. 188/2004/ND-CP on methods to determine land price and frame of land prices.
Decree No. 197/2004/ND-CP on compensation, assistance and resettlement when State requires land; Cicular No.116/2004/TT-BTC on instruction to implement Decree No.197/2004/ND-CP;
Decree No.69/2009/NĐ-CP on additional Regulation on land use planning, land acquisition, compensation, assistance, and resettlement.
Decree No. 17/2006/ND-CP on adjustment some provisions of Decree No. 181/2004/ND-CP, and Decree No. 197/2004/ND-CP;
Regulations on Construction Management in investment projects
Law on Construction No. 16/2003/QH11 issued on 26/11/2003 the National Assembly Republic Socialist of Vietnam.
Decree No. 209/2004/ND-CP dated 16/12/2004 on quality management for construction projects.
Decree No No.12/2009/ND-CP dated 10/02/2009 on construction projects management and investment,
Law on Water Resources issued on 21/06/2012 by the National Assembly Republic Socialist of Vietnam;
Decree No. 112/2008/NĐ-CP issued on 20/10/2008 of the Government on management, protection, using natural and environmental reservoirs for hydropower and irrigation;
Decree no. 120/2008/NĐ-CP issued on 01/12/2008 of the Government on river basin management;
Decree No. 72/2007/NĐ-CP issued on 07/05/2007 of the Government on dam safety management;
Decree No. 149/2004/NĐ-CP issued on 27/07/2004 of the Government to regulate licenses for exploration, exploitation and water resources use, wastewater discharge into water resources;
Law on Forest Development and Protection No. 29/2004/QH11 issued on 03/12/2004 by the National Assembly Republic Socialist of Vietnam;
Decree No. 23/2006/NĐ-CP issued on 03/03/2006 of the Government on guidance to implement Law on Forest Development and Protection;
Decision No. 57/QĐ-TTg issued on 09/01/2012 approved a plan to protect and develop forests for 2011-2020 by the Prime Minister.
Law on Cultural Heritage No.28/2001/QH10 issued on 07/12/2001 by the National Assembly Republic Socialist of Vietnam. Article 13 - prohibitions : possession cultural heritage; destroy or risk destruction of cultural heritage; unauthorized excavation of archaeological sites, illegal construction, encroachment occupied land of historical - cultural, scenic;
Law on Biodiversity No.28/2008/QH12 issued on 13 January 2008 by the National Assembly Republic Socialist of Vietnam. Chapter III – Conservation and Natural sustainable biodiversity development, and Chapter IV- Conservation and Development of species.
Several documents related to construction VIAIP project
Decision No. 187/QĐ-BNN-HTQT issued on 07/08/2012 of Ministry Agriculture and Rural Development on authorize to invest and assign to project owner – Integrated Agricultural Improvement Project (VIAIP project).
Decisions of của Provincial People Committees’Ha Giang, Phu Tho, Hoa Binh, Thanh Hoa, Ha Tinh, Quang Tri, and Quang Nam to propose subprojects of VIAIP project, 2012
Vietnamese Standard and Criteria related to environment protection
QCVN 03:2008/BTNMT: National technical regulations on limitation of heavy metal concentration in the soil;
TCVN 6438:2001: Vehicle on oad - the maximum limit permitted emissions;
TCVN 6696:2009: solid waste – general environment protection;
QCVN 07:2009 : National technical regulations for the classification of hazardous waste
Vibration and Noise:
QCVN 27:2010/BTNMT- national technical regulations on vibration – limitation of vibration in the community and residence;
QCVN 26:2010/BTNMT- national technical regulations on noise – limitation of noise (replaced TCVN 5948:1999 Acoustics - Noise from vehicles during acceleration - the permitted level);
TCVN 5949: 1998 Acoustics - Noise from public and resident - the permitted level
Health and Safety:
Decision 3733/2002/QD-BYT issued on 10/10/2002 by the Ministry of Health on the application of the 21 health standards and labor safety related micro-climate, noise, vibration and chemicals - the threshold in the workplace.
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