II. Synopsis
Environmental protection plan is a legal document that confers responsibility between the business and the environmental agency and a process of analyzing, evaluating and forecasting the environmental impacts of the project in the implementation and operation phase to environment. The business can export the suitable solutions to protect the environment environment in each operation phase.
Why do enterprises have to formulate of environmental protection plan?
-The formulation of environmental protection plan need to respond the following problems:
+ Showing responsibilities and obligations of organizations and enterprises in environmental protection.
+ To implement socio-economic development policies in parallel with environmental protection
+ Evaluating and predicting the impacts of the project on the environment, thereby taking solutions to limit – deal with bad impacts on the environment, implementing environmental protection.
+ Validating the operation process of the business
III. Objects
By Article 29 of Law on environmental protection 2014, objects that require the formulation of environmental protection plan
– Investment projects that are not identified as objects that require the environmental impact assessment.
– Alternatives for the production, trading and services that are not identified as objects that require the formulation of investment projects in accordance with the law on investment.
By appendix IV of the Government’s Decree No. 18/2015 / ND-CP. Objects that don’t require the formulation of environmental protection plan:
- Training in human resources; consultancy activities; technology transfers; vocational training, training in technology or management skills; information provider; marketing, investment and trading promotion.
- Production, presentation and release of television programs, production of films, videos and television programs; television operation; recording activities and music publishing.
- Commercial services, mobile sales without any fixed sales location.
- Commercial services, sale of domestic products or household articles.
- Food and drink services whose restaurant area of under 200 m2
- Repair and maintenance of appliances services within scope of individual or household.
- Photocopy, internet, or video game services
- Livestock, poultry and wild animal husbandry with breeding facilities of at least 50 m2 in areas; aquaculture with the surface area of at least 5,000 m2
- Farming on agricultural land, forestry land within scope of individual or households.
- Testing cultivation of plant varieties with scope of under 1 hectare in area.
- Construction of housing for individuals or households.
- Construction of offices, hostels, hotel, tourist accommodations with scope of under 500 m2 in floor area.
IV. Dossiers on registration
By article 33 of the Circular No. 27/2015 / TT-BTNMT, Dossiers on registration of the environment protection plan
- A Dossiers on registration of the environment protection plan certified by Service of Natural Resources and Environment includes:
- Three (03) environment protection plans with covers and contents in accordance with the form prescribed in Appendixes 5.4 and 5.5 of the Circular No. 27/2015 / TT-BTNMT
- One (01) investment report or business plan
- A Dossiers on registration of the environment protection plan certified by the People’s Committee of district includes:
- Three (03) environment protection plans with format and contents in accordance with the form prescribed in Appendix 5.6 of this Circular;
- One (01) investment report or business plan of the project owner.
V. Procedure
Step 1: Formulation of environmental protection plan
Step 2: Registeration of environmental protection plan
Step 3: Confirmation of environmental protection plan
Step 4: Dossiers to confirm of environmental protection plan
By article 32 of Law on enviromental protection, within a period of 10 days as from the receipt of the environmental protection plan, competent authorities stipulated in Clause 1 and 2 of this Article must certify the registration of the environmental protection plan; where the certification of registration of the environmental protection plan is refused, the competent authority must send a written notification in which the reasons for this refusal must be clearly stated.
V. Penalties for violations
By article 11, decree 155/2016/ND-CP, penalties for administrative violations against regulations on environmental protection:
– Penalties for violations in production, business and service activities of a scale and capacity requiring the formulation of the environmental protection plan which must be certified by the District-level People’s Committee, and are not the violations prescribed in Clause 1 of this Article:
A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to have the environmental protection plan certified as regulated.
– Penalties for violations in production, business and service activities of a scale and capacity requiring the formulation of the environmental protection plan which must be certified by the Department of Natural Resources & Environment:
A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failing to have the environmental protection plan certified as regulated.
– Additional penalties: Suspend the activities of the business establishment or those of the concentration of producers, businesses and service providers which cause the environmental pollution for 06 – 12 months if any of the violations.