Learn about environmental protection plans according to Vietnamese law

I. Legal basis

• Article 4, Chapter II Law on Environmental Protection 2014
• Chapter V Decree 18/2015/ND-CP issued on February 14, 2015 of the Government regulating environmental protection planning, strategic environmental assessment, environmental impact assessment and protection plans environment.
• Chapter VI Circular 27/2015/TT-BTNMT dated July 15, 2015 on strategic environmental assessment, environmental impact assessment and environmental protection plan.

II. Concept

The environmental protection plan is a legal document that binds the responsibilities between the enterprise and the environmental agency and is a process of analyzing, evaluating and forecasting the environmental impacts of the project during the implementation phase. present and active. From there, businesses can propose appropriate solutions to protect the environment in each stage of operation and construction of projects.

So why do organizations and businesses have to make plans to protect the environment?

- Create an environmental protection plan to meet the following issues:

+ Demonstrates the responsibilities and obligations of organizations and businesses in environmental protection.

+ Implement socio-economic development policies coupled with environmental protection

+ Evaluate and predict the project's impacts on the environment, thereby taking measures to limit and handle negative impacts on the environment and carry out environmental protection work.

+ Legalize the business's operating process

III. Object

According to the provisions of Article 29 of the Law on Environmental Protection 2014, subjects who must make an environmental protection plan include:

– Investment projects are not subject to environmental impact assessment.

– Production, business and service plans are not subject to investment project preparation according to the provisions of investment law.

Subjects specified in Appendix IV of Decree No. 18/2015/ND-CP below are not required to register an environmental protection plan:

• Human resource training; consulting activities; technology transfer; vocational training, technical training, management skills; provide information; marketing, investment promotion and trade.
• Producing, presenting and distributing television programs, producing movies, videos and television programs; television activities; music recording and publishing activities.
• Commercial services, mobile trading, no fixed location.
• Commercial services, trading of products, consumer goods, and household appliances.
• Catering services with a restaurant serving area of ​​less than 200 m2.
• Repair and maintenance services for personal and household appliances.
• Photocopying services, internet access, electronic games.
• Raising cattle, poultry, and wild animals with a barn size of less than 50 m2; aquaculture on an area of ​​less than 5,000 m2 of water surface.
• Cultivation on agricultural and forestry land on an individual and household scale.
• Experimental planting of plant species on a scale of less than 1 hectare.
• Construction of individual and family houses.
• Construction of offices, motels, hotels, and tourist accommodation on a scale of less than 500 m2 of floor space.

IV. Necessary documents

According to Article 33, Chapter VI of Circular 27/2015/TT-BTNMT, environmental protection plan registration dossier:

• Dossier to register an environmental protection plan under the registration confirmation authority of the Department of Natural Resources and Environment includes:
• Three (03) environmental protection plans with cover page and content requirements according to the corresponding form specified in Appendices 5.4 and 5.5 of this Circular;
• One (01) investment report or production, business or service plan.
• Dossier to register an environmental protection plan under the registration confirmation authority of the district-level People's Committee includes:
• Three (03) environmental protection plans with structure and content requirements according to the form specified in Appendix 5.6 of this Circular;
• b) One (01) investment report or production, business and service plan of the project owner.

V. Implementation process

Step 1: Make an environmental protection plan

Step 2: Register an environmental protection plan

Step 3: Confirm the environmental protection plan

Step 4: Submit documents to confirm the environmental protection plan

According to Article 32 of the Law on Environmental Protection 2014, within 10 days from the date of receiving the environmental protection plan, the competent authority must confirm the registration of the environmental protection plan; In case of refusal to confirm the registration of the environmental protection plan, the competent authority must respond in writing and clearly state the reason..

VI. Form of punishment

If you do not register an environmental protection plan, you will be subject to administrative sanctions according to Article 11 of Decree 155/2016/ND-CP regulating administrative sanctions in the field of environmental protection. school:

1. For production, business and service activities with scale and capacity equivalent to the case where environmental protection plans must be prepared and submitted to the District People's Committee for confirmation, penalties will be imposed as follows:

Fine from 30,000,000 VND to 40,000,000 VND for not having a certified environmental protection plan according to regulations.

2. For production, business and service activities with scale and capacity equivalent to cases where environmental protection plans must be prepared and submitted to the Department of Natural Resources and Environment for confirmation, penalties will be imposed as follows:

Fine from 40,000,000 VND to 50,000,000 VND for not having a certified environmental protection plan according to regulations.

3. Additional form of sanction: Suspension of operations of establishments or activities that cause environmental pollution in concentrated production, business and service zones from 06 months to 12 months for violations