Tri Minh Law firm

This Law provides for cadres and civil servants; election, recruitment, employment and management of cadres and civil servants; obligations and rights of cadres and civil servants, and conditions to assure public-duty performance.

 

This Decree details and guides the implementation of a number of provisions of Section 4, Chapter II of the Anti-Corruption Law regarding asset and income transparency, which cover asset and income declaration; asset and income verification; handling of violations of regulations on asset and income transparency and responsibilities of agencies, organizations, units and individuals in organizing the implementation of thereof.

THE GOVERNMENT ------------------   No: 37/2007/ND-CP

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness -------------------- Ha Noi, day 09 month 03 year 2007

DECREE

On asset and income transparency

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Anti-Corruption Law;

At the proposal of the Inspector General,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details and guides the implementation of a number of provisions of Section 4, Chapter II of the Anti-Corruption Law regarding asset and income transparency, which cover asset and income declaration; asset and income verification; handling of violations of regulations on asset and income transparency and responsibilities of agencies, organizations, units and individuals in organizing the implementation of thereof.

Article 2.- Subjects of application

This Decree applies to persons obliged to make asset and income declaration, defined in Clause 1, Article 44 of the Anti-Corruption Law and Article 6 of this Decree; and agencies, organizations, units and individuals related to asset and income declaration and verification.

Article 3.- Interpretation of terms

In this Decree, the terms below are construed as follows:

1. "Asset and income declaration" means the clear statement of to be-declared assets and income in a declaration form issued together with this Decree, made by persons obliged to make asset and income declaration;

2. "To be-declared assets and income" means houses, land-use rights; precious metals, gemstones, valuable papers and other properties valued at VND 50 million or more each; properties and bank accounts in foreign countries; taxable income under the provisions of law;

3. "Changes in to be-declared assets" means the increase and decrease of the to-be-declared assets and income as compared to the latest declaration;

4. "Asset and income verification" means the consideration and assessment of and conclusion on the truthfulness of asset and income declaration by competent agencies, organizations and units according to the order and procedures prescribed in the Anti-Corruption Law and this Decree.

Article 4.- Prohibited acts

1. Dispersing assets in all forms in order to shirk asset and income declaration; obstructing asset and income verification.

2. Illegally exploiting or using asset and income declaration sheets; taking advantage of the management and exploitation of asset and income declaration sheets to disrupt the internal unity or to commit other law-breaking acts.

3. Taking advantage of asset and income verification to trouble or obstruct normal operation of persons subject to verification; distorting or hurting honor and prestige of persons subject to verification; disrupting internal unity or committing other law-breaking acts.

Chapter II

ASSET AND INCOME DECLARATION

Article 5.- Purposes of asset and income declaration

Asset and income declaration aims to help competent agencies, organizations and units know about assets and income of persons obliged to make declaration in service of asset and income transparency, serve personnel management work and contribute to preventing corruptive acts.

Article 6.- Persons obliged to make asset and income declaration

1. Full-time National Assembly deputies, full-time People's Council deputies, National Assembly candidates, People's Council candidates.

2. Cadres and civil servants holding the position of deputy head of section under district-level People's Committees and holders of higher positions, persons entitled to leadership allowances like deputy-heads of sections under district-level People's Committees and holders of higher positions in agencies, organizations and units.

3. Officers holding the commanding position of battalion deputy commander or district-level military command deputy-head or higher positions in the People's Army; officers holding commanding position of battalion deputy commander, deputy chief of ward/township police offices, team deputy-leader or higher positions in the People's Police.

4. Directors, deputy directors, heads of institutes, deputy heads of institutes, chief accountants, heads and deputy heads of sections, heads and deputy heads of departments and senior physicians in state-run hospitals or research institutes.

5. Editors-in-chief, deputy editors-in-chief, chief accountants, heads and deputy heads of sections, heads and deputy heads of departments of newspapers and magazines using state budget and assets.

6. Principals, vice principals and chief accountants of state-run pre-schools or primary schools in districts, provincial towns or cities; principals, vice-principals and chief accountants of public lower secondary schools, upper secondary schools, secondary professional schools, vocational training schools and continuing education centers; principals, vice principals, heads and deputy heads of sections, deans and vice deans of faculties and senior lecturers of state-run universities or colleges.

7. Directors, deputy directors, chief accountants, heads and deputy heads of sections, heads and deputy heads of departments in management boards of construction investment projects using state budget and assets; directors, deputy directors and chief accountants of management boards of projects funded with official development assistance (ODA) capital.

8. General directors, deputy general directors, directors, deputy directors, chairmen, vice chairmen and members of boards of directors; heads, deputy heads and members of control boards, chief accountants, heads and deputy heads of professional sections and divisions of state-run companies; persons appointed by the State to the above-said positions in enterprises with state investment capital.

9. Secretaries and assistant secretaries of Party Committees; chairmen and vice-chairmen of People's Councils; presidents, vice presidents and members of People's Committees of communes, wards or townships; commune police chiefs and military commanders; cadres in charge of land administration-construction and finance-accounting of People's Committees of communes, wards or townships.

10. Investigators, procurators, judges, court clerks, state auditors, inspectors, enforcers and notaries public.

11. The Home Affairs Minister shall, after reaching agreement with other ministers, heads of ministerial-level agencies, heads of Government-attached agencies, the director of the National Assembly Office, the director of the State President Office, the director of the Party Central Committee Office, heads of Party Central Committee's Commissions, and heads of central bodies of socio-political organizations, propose the Prime Minister to promulgate a list of persons obliged to make asset and income declaration, who are managing the state budget and properties or directly involved in handling affairs of agencies, organizations, units and individuals in state administrative agencies of various levels, Party agencies, socio-political organizations, the National Assembly office, People's Council offices and State President office.

Article 7.- Rights and obligations of persons obliged to make asset and income declaration

1. Persons obliged to make asset and income declaration have the following rights:

a/ To have their asset and income declaration sheets kept confidential in accordance with law;

b/ To lodge complaints or denunciations about law-breaking acts committed by agencies, organizations or individuals in the implementation of regulations on asset and income transparency prescribed in the Anti-Corruption Law and this Decree;

c/ To have their honor and prestige restored and be compensated for damage caused by acts of violating the regulations on asset and income transparency.

2. Persons obliged to make asset and income declaration have the following obligations:

a/ To honestly, fully and promptly declare the quantity of to be-declared assets and income as well as changes in these assets and income over the latest declaration;

b/ To honestly, fully and promptly explain contents related to asset and income declaration when requested by competent agencies, organizations or individuals;

c/ To fulfill requirements of competent agencies, organizations or individuals in service of asset and income verification.

3. Persons obliged to make asset and income declaration who are members of political organizations or socio-political organizations shall, apart from exercising the rights and performing the obligations defined in Clauses 1 and 2 of this Article, perform the obligation on asset and income declaration provided by their respective organizations.

Article 8.- To be-declared assets and income

1. The following houses and constructions:

a/ Houses and other constructions under the state ownership, which are currently rented or used;

b/ Houses and other constructions under the ownership of persons obliged to make declaration, their spouses or minor children, for which the ownership-right certificates have been granted;

c/ Houses and other constructions under the ownership of persons obliged to make declaration, their spouses or minor children, for which the ownership right certificates have not yet been granted or bear others' names.

2. The following land-use rights:

a/ Land-use rights of persons obliged to make declaration, their spouses or minor children, for which the land-use right certificates have been granted;

b/ Land-use rights of persons obliged to make declaration, their spouses or minor children, for which the land-use right certificates have not yet been granted or bear others' names.

3. Assets and bank accounts in foreign countries of persons obliged to make declaration, their spouses or minor children.

4. Income liable to personal income tax under the provisions of law.

5. Precious metals, gemstones, money, savings, stocks, bonds, checks, other negotiable instruments, motorcycles, automobiles, boats, ships and other assets valued at VND 50 million or more each.

Article 9.- Order and procedures of asset and income declaration and receipt of declaration sheets

1. By November 30 every year at the latest, heads of agencies, organizations or units shall direct their organization and personnel divisions to send asset and income declaration forms to persons obliged to make asset and income declaration, guide and request them to make asset and income declaration.

2. Persons obliged to make asset and income declaration shall make the declaration and submit their asset and income declaration sheets to organization and personnel sections within 10 days after receiving asset and income declaration forms.

3. Upon receiving asset and income declaration sheets, recipients shall make receipt slips according to a set form, and sign in these slips.

4. Within five days after receiving the asset and income declaration sheets of persons obliged to make declaration, organization and personnel sections shall check these declaration sheets and keep them in files; where the declaration sheets do not conform with the prescribed form, they shall request the persons obliged to make declaration to re-conduct the declaration; the time limit for re-declaration is five days after the date of receiving the request.

The declaration must be completed by December 31 at the latest.

Article 10.- Responsibilities of heads of agencies, organizations or units in asset and income declaration

1. To be exemplary in performing the asset and income declaration obligation as provided for by law.

2. To organize and direct the declaration by prescribed subjects, within the prescribed time limit, and in accordance with declaration order and procedures prescribed in the Anti-Corruption Law and this Decree.

3. To be answerable for violations of regulations on asset and income declaration in their respective agencies, organizations or units under the provisions of law.

Article 11.- Management, reference to and use of asset and income declaration sheets

1. Asset and income declaration sheets shall be managed according to the regime of management of cadres' files and be referred to and used only in the following cases:

a/ Servicing the election, appointment, dismissal, relief from duty, removal from office or disciplining of persons obliged to make asset and income declaration;

b/ Servicing the investigation and verification of and conclusion on corruptive acts by competent agencies, organizations or units;

c/ Servicing organization and personnel work.

2. When a declarant is transferred to another agency or organization, his/her asset and income declaration sheets shall be handed over, together with his/her files, to competent agency or organization.

3. When a declarant retires or leaves his/her job, his/her asset and income declaration sheets shall be archived together with his/her files.

4. Asset and income declaration sheets of cadres and civil servants who are Party members shall be managed in accordance with this Decree and the Party's regulations; where the Party regulations require the publicization of asset and income declaration sheets, the publicization shall be conducted in strict accordance with those regulations.

Article 12.- Procedures for reference to and use of asset and income declaration sheets

1. When it is necessary to refer to or use asset and income declaration sheets, the person directly referring to and using these sheets must have an introduction letter issued by the agency, organization or unit that wishes to refer to or use these declaration sheets. The introduction letter must clearly state the full name and position of the person directly referring to and using these sheets as well as reference and use purposes.

2. The reference to and use of asset and income declaration sheets shall be carried out at the agency managing these sheets; when it is necessary to carry out the reference to or use of declaration sheets at other places, the approval of the head of the agency, organization or unit competent to manage the persons obliged to make declaration must be obtained and a minutes on the handover of declaration sheets must be made.

3. Persons tasked to refer to or use declaration sheets shall do so for the purposes stated in the introduction letters in accordance with law.

Article 13.- Responsibilities of persons in charge of managing and archiving asset and income declaration sheets

1. To arrange, preserve and archive asset and income declaration sheets in accordance with the regulations on management of cadres' files.

2. To fully and promptly supply asset and income declaration sheets and create favorable conditions for agencies, organizations and units to get access to these sheets when requested.

3. Neither modify the contents of asset and income declaration sheets nor let them get lost or damaged.

4. Neither let other persons illegally get access to nor use asset and income declaration sheets.

Article 14.- Handling of violations in management, exploitation and use of asset and income declaration sheets

Persons who modify or disclose the contents of asset and income declaration sheets, let declaration sheets get lost or damage or supply declaration sheets to incompetent persons; persons who illegally refer to or use asset and income declaration sheets or take advantage of reference to or use of declaration sheets to disrupt internal unity shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability.

Chapter III

ASSET AND INCOME VERIFICATION

Article 15.- Purposes of asset and income verification

Asset and income verification aims to examine, assess and conclude on the truthfulness of asset and income declaration; to control changes in assets and incomes of persons obliged to make declaration; and contribute to preventing, detecting and handling corruptive acts and building a pool of clean and strong cadres and civil servants.

Article 16.- Grounds for requests of asset and income verification

A request for asset and income verification is made upon one the following grounds:

1. There are conclusions of a Party's inspection agency, state inspection agency, State Audit or investigation agency on responsibilities of persons obliged to make asset and income declaration concerning corruptive acts.

2. There is a denunciation about or report on assets and income of the person obliged to make asset and income declaration, provided that such denunciation or report has clear contents as well as contains specific evidences and grounds to determine dishonesty in asset and income declaration of the person obliged to make declaration and the denouncer or reporter clearly states his/her full name and address and undertakes to fully cooperate with and supply documents to the competent agency, organization or unit in service of asset and income verification.

Article 17.- Competence to request the asset and income verification

Upon obtaining one of the grounds defined in Article 16 of this Decree, the following agencies and organizations are competent to issue a document requesting the asset and income verification:

1. The National Assembly Standing Committee and standing bodies of People's Councils shall request heads of the agencies, organizations or units competent to manage persons expected to be elected or ratified by the National Assembly or People's Councils to issue decisions on verification of assets and income of those persons;

2. Standing bodies of political organizations or socio-political organizations shall request heads of agencies, organizations or units competent to manage persons expected to be elected at their congresses to issue decisions on verification of assets and income of those persons.

3. The Prime Minister, presidents of provincial- or district-level People's Committees shall request heads of agencies, organizations or units competent to manage persons expected to be ratified to hold posts elected by People's Councils to issue decisions on verification of assets and income of those persons;

4. The Election Council or Fatherland Front Committees shall request heads of agencies, organizations or units competent to manage National Assembly candidates or People's Council candidates to issue decisions on verification of assets and income of those candidates.

5. The State President shall request the Prime Minister to issue decisions on verification of assets and income of persons expected to be appointed as deputy prime ministers, ministers or heads of ministerial-level agencies; request the President of the Supreme People's Court to issue decisions on verification of assets and income of persons expected to be appointed as vice-presidents or judges of the Supreme People's Court; request the Chairman of the Supreme People's Procuracy to issue decisions on verification of assets and income of persons expected to be appointed as vice chairmen or procurators of the Supreme People's Procuracy.

6. The National Assembly Standing Committee shall request the State Auditor General to issue decisions on verification of assets and income of persons expected to be appointed as State Deputy Auditors General.

Article 18.- Time limits for receiving denunciations or reports to request the verification of assets and income of persons expected to be elected or ratified by the National Assembly, People's Councils or congresses of political organizations or socio-political organizations; the National Assembly candidates or People's Council candidates

1. Denunciations about or reports on assets and income of persons expected to be appointed or ratified by the National Assembly, People's Councils or congresses of political organizations or socio-political organizations serve as grounds to request the asset and income verification only if they are sent to competent agencies, organizations or units at least 30 days before the opening day of a session of the National Assembly or People's Councils or the congresses of political organizations or socio-political organizations.

2. Denunciations about or reports on assets and income of National Assembly candidates or People's Council candidates serve as grounds to request the asset and income verification only if they are sent to the Election Council or the competent Fatherland Front Committee at least 30 days before the date of last consultation on the list of candidates.

Article 19.- Issuance of decisions on asset and income verification

1. Heads of agencies, organizations or units competent to manage persons obliged to make asset and income declaration shall issue decisions on verification of assets and income in the following cases:

a/ Upon receiving a written request as prescribed in Articles 16 and 17 of this Decree;

b/ When having one of the grounds defined in Article 16 of this Decree in service of the appointment by the head of the agency, organization or unit competent to manage the person expected to be appointed;

c/ Upon receiving a written request of the National Assembly Standing Committee, standing bodies of People's Councils or standing bodies of political organizations or socio-political organizations in service of the removal from office or removal from the positions elected or ratified by the National Assembly, People's Councils, political organizations or socio-political organizations;

d/ When it is necessary to obtain further information in service of the removal from office, relief from duty or disciplining of persons obliged to make asset or income declaration;

e/ When persons obliged to make asset and income declaration commit corruptive acts, which, however, are not serious enough for examination of penal liability.

2. The verification of assets and income of persons who commit corruptive acts and are examined for penal liability shall be conducted in accordance with the criminal procedure law.

Article 20.- Agencies and units conducting asset and income verification

The persons issuing asset and income verification decisions shall assign the following agencies or units to conduct the asset and income verification:

1. Where the persons proposed for asset and income verification are managed by Party Committees, the agency conducting the asset and income verification is the Party Inspection Commission of the same level.

2. Where the persons proposed for asset and income verification are not managed by Party Committees, the agency conducting the asset and income verification is a state inspection agency of the same level; if the state inspection agency does not exist, the sections in charge of organization and personnel work of these agencies, organizations or units shall conduct the verification.

3. The Government Inspectorate shall coordinate with the Home Affairs Ministry and the Party Central Committee's Inspection Commission in issuing a joint circular to guide the identification of agencies, organizations or units conducting the asset and income verification.

Article 21.- Explanation of asset and income declaration

1. Before issuing an asset and income verification decision, the person competent to issue the verification decision shall request in writing the person subject to asset and income verification to explain his/her honesty in asset and income declaration.

2. Within five days after receiving the explanation request, the requested person shall send a written explanation of the contents to be explained to the person competent to issue verification decisions.

3. Within five days after receiving the written explanation, the competent person shall consider the explanations and issue a decision on asset and income verification; in case of refusal to issue a verification decision, he/she shall send a written reply to verification requester, clearly stating the reasons for the refusal.

Article 22.- Decisions on asset and income verification

1. A decision on assets and income verification must have the following contents:

a/ The grounds for its issuance;

b/ The full name, position and working place of the person subject to verification;

c/ The full name, position and working place of the verifier; where a verification team is set up, the full names, positions and working places of the head and members of the verification team (hereinafter called verifiers) must be clearly stated;

d/ The verification contents;

e/ The verification duration;

f/ Tasks and powers of the verifiers.

2. Where asset and income verification involves complicated contents related to many domains and covers a large geographical area, the person issuing the verification decision shall set up a verification team and request the concerned agencies, organizations or units to designate their cadres for participation in the verification team.

3. The form of asset and income verification decision is promulgated together with this Decree (not printed herein).

Article 23.- Contents of asset and income verification

Asset and income verification covers the comparison of information on assets and income in declaration sheets with actual assets and income of persons subject to verification, including:

1. The quantity of assets and income;

2. Description of assets and income;

3. Changes in assets and explanations thereof (if any).

Article 24.- Asset and income verification activities

In the process of asset and income verification, the verifier shall conduct the following activities:

1. Studying the dossiers and documents related to the verification;

2. Working directly with the person subject to the verification;

3. Conducting on-spot verification of the verified assets and income;

4. Working with agencies, organizations or units managing or archiving dossiers and documents on the verified assets and income;

5. Working with agencies, organizations or individuals specialized in the verified assets for expertise and assessment of these assets;

6. Working with other concerned agencies, organizations and individuals in service of the asset and income verification.

7. Other necessary activities in service of the asset and income verification.

Article 25.- Powers and responsibilities of verifiers

1. To conduct asset and income verification upon getting asset and income verification decisions.

2. To conduct asset and income verification in an objective, honest, accurate and timely manner in accordance with the contents and time limit stated in verification decisions.

3. To request the person subject to verification to supply information and documents related to verification contents.

4. To request agencies, organizations or individuals that have information or documents related to verification contents to supply these information or documents.

5. To propose competent agencies, organizations or units to apply necessary measures to prevent acts of dispersing assets, obstructing or illegally interfering in verification activities.

6. To keep confidential information and documents collected in the verification process and report these information and documents only to the persons issuing asset and income verification decisions.

7. To refrain from modifying verification dossiers and results.

8. To report verification results to the person issuing the verification decision and be answerable for the accuracy, honesty and objectiveness of the reported contents.

Article 26.- Rights and obligations of persons subject to asset and income verification

1. To explain the contents to be verified in the process of asset and income verification.

2. To propose the persons making conclusions on transparency in asset and income declaration to re-consider his/her conclusions if there are grounds to believe that these conclusions are inaccurate, dishonest or inobjective; if disagreeing with the settlement of the conclusion-making persons, they may propose the heads of the superior agencies, organizations or units of the conclusion-making persons to review these conclusions.

3. To denounce law-breaking acts committed in the process of asset and income verification in accordance with law on denunciations.

4. To strictly abide by the requests of the verifiers and the conclusions and decisions of the verification decision-issuing agencies, organizations or units.

Article 27.- Responsibilities of concerned agencies, organizations, units and individuals

When requested by verification decision-issuing persons or verifiers, land and house management agencies, tax offices, banks and other concerned agencies, organizations, units and individuals shall:

1. Supply information and documents related to the verification contents and be answerable for the accuracy of supplied information and documents.

2. Designate responsible persons to work with verifiers in service of the verification.

3. Carry out activities within the scope of their competence and professional domains in service of the verification, clarify necessary information in the verification process or prevent acts of dispersing assets or obstructing asset and income verification.

Article 28.- Minutes of working sessions

1. Working sessions between the verifiers and the persons subject to verification as well as the concerned agencies, organizations, units and individuals must be recorded in minutes.

2. A minutes must have the following contents:

a/ Time and venue of the working session;

b/ Participants;

c/ Contents of the working session;

d/ Conclusions of the working session or contents agreed at the working session;

e/ Reservations (if any).

Article 29.- Reports on the results of asset and income verification

1. Within 15 days after the date of issuing an asset and income verification decision, the verifier shall conduct verification activities in accordance with Article 24 of this Decree and send a report on the results of asset and income verification to the verification decision-issuing person.

2. A report on the results of asset and income verification must have the following contents:

a/ Verification contents, verification activities already conducted and verification results;

b/ Dossiers, documents and evidences collected in the process of verification; minutes of the working session;

c/ Conclusions of the verifier on asset and income declaration;

d/ Proposals on the handling of the person making dishonest declaration (if any).

Article 30.- Conclusions on transparency in asset and income declaration

1. Within five days after receiving a report on asset and income verification results, the verification decision-issuing person shall consider the report and the explanation of the person subject to verification and make a conclusion on transparency in the asset and income declaration and send it to the person subject to verification, to the verification-requesting agency or organization and the denouncer, if so requested by the denouncer.

2. The conclusion on transparency in asset and income declaration must clearly state the parity or disparity between the asset and income declaration sheet and the verification results. For case of disparity between the verification results and the declaration sheet, the person subject to verification will be concluded as being dishonest and the conclusion shall also clearly state the disparity in asset and income quantity, description or changes as well as decides or proposes competent persons to handle the person who has made dishonest declaration.

3. When the person subject to asset and income verification requests the person making conclusion on transparency in asset and income declaration to re-consider his/her conclusion, the latter shall consider and reply the requester within five days after receiving the request; if the requester disagrees with the settlement of the conclusion-making person and further proposes the head of the superior agency, organization or unit of the conclusion-making person to re-settle his/her case, the request-receiving person will consider and make a settlement decision; this decision will serve as a basis for the handling of candidates or persons expected to be elected or ratified, who are subject to asset and income verification, in accordance with Clauses 1, 2 and 4, Article 17 of this Decree.

4. The form of the conclusion on transparency in asset and income declaration is promulgated together this Decree (not printed herein).

Article 31.- Publicization of conclusions on transparency in asset and income declaration

1. Within five days after receiving a request for publicization of conclusions on asset and income declaration from the verification-requesting agency or organization specified in Article 17 of this Decree, the conclusion-making person shall issue a decision to publicize the conclusion.

2. For asset and income verification conducted in service of the removal from office, relief from duty or disciplining or upon the occurrence of corruptive acts, the person making conclusion on transparency in asset and income declaration shall issue a decision to publicize the conclusion right after it is promulgated.

3. The conclusion on transparency in asset and income declaration shall be publicized at places defined in Clause 1, Article 50 of the Anti-Corruption Law.

4. The conclusion on transparency in asset and income declaration of National Assembly candidates or People's Council candidates shall be publicized at voters' conferences in working places and residence places of these persons.

Article 32.- Dossiers of asset and income verification

1. The asset and income verification must be recorded in dossiers. A verification dossier comprises:

a/ The verification decision; minutes of working sessions; explanation of the person subject to verification; the report on verification results;

b/ The conclusion on transparency in asset and income declaration;

c/ Requests and recommendations of the verification decision-issuing person and the verifier;

d/ Results of assessment and expertise conducted in the verification process (if any);

e/ Other documents related to the verification.

2. The management and use of the asset and income verification dossiers shall comply with legal provisions on management of cadres' files.

3. It is strictly prohibited to disclose information of the asset and income verification dossiers; those who violate these regulations shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability in accordance with law.

Chapter IV

HANDLING OF VIOLATIONS OF REGULATIONS ON ASSET AND INCOME TRANSPARENCY

Article 33.- Disciplining of persons who are dishonest in asset and income declaration

1. Persons who are concluded as being dishonest in asset and income declaration shall, depending on the nature and seriousness of their violations, be handled in one of the following forms:

a/ Reprimand;

b/ Caution;

c/ Demotion of salary grades;

d/ Demotion of ranks;

2. Within five days after obtaining conclusions on dishonesty in asset and income declaration, heads of agencies, organizations or units who have the disciplining competence shall consider and handle dishonest declarants.

3. The competence and order of and procedure for disciplining dishonest asset and income declarants who are cadres, civil servants and employees comply with legal provisions on disciplining of cadres, civil servants and employees.

4. The disciplining of dishonest asset and income declarants who are officers or professional armymen in agencies or units of the People's Army; officers in agencies or units of the People's Police comply with laws on the People's Army and the People's Police.

5. Decisions on the disciplining of dishonest asset and income declarants shall be posted up at the head-offices of agencies, organizations or units where these persons work for at least three months after the issuance date.

Article 34.- Handling of dishonest asset and income declarants who are National Assembly candidates, People's Council candidates or persons expected to be elected or ratified by the National Assembly, People's Councils or congresses of political organizations or socio-political organizations, persons expected to be ratified or appointed

1. National Assembly candidates and People's Council candidates who are concluded as being dishonest in asset and income declaration shall have their names deleted from the lists of candidates for a tenure.

2. Persons expected to be elected or ratified at the National Assembly, People's Councils or congresses of political organizations or socio-political organizations, persons expected to be ratified or appointed who are concluded as being dishonest in asset and income declaration shall not be elected, ratified or appointed for one year as from the date of being concluded as dishonest in declaration.

3. Cadres, civil servants, officers or professional army men in agencies or units under the People's Army; officers in agencies or units under the People's Police, who are National Assembly candidates, People's Council candidates, persons expected to be elected, ratified or appointed and concluded as being dishonest in asset and income declaration shall, apart from being handled according to Clauses 1 and 2 of this Article, be disciplined in accordance with Article 33 of this Decree.

Article 35.- Liability in asset and income verification

1. Verification-requesters, verification decision-makers, verifiers and persons making conclusions on transparency in asset and income declaration who violate the regulations on asset and income verification shall, depending on the nature and seriousness of their violations, be disciplined in accordance with law.

2. Verification-requesters, verification decision-makers, verifiers and persons making conclusions on transparency in asset and income declaration, who violate the regulations on asset and income verification and infringe upon legitimate rights and interests of persons subject to verification shall make a written corrigendum and send it to persons subject to verification and the agencies, organizations or units where these persons work.

Chapter V

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 36.- Responsibilities of the Government Inspectorate

1. To organize, direct and guide the inspection of implementation of asset and income transparency regulations in accordance with the contents, order and procedures prescribed in the Anti-Corruption Law, Decree No. 120/2006/ND-CP of October 20, 2006, detailing and guiding the implementation of a number of articles of the Anti-Corruption Law and this Decree.

2. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, Government-attached agencies and concerned agencies in, guiding, inspecting and urging authorities and branches to implement asset and income transparency regulations.

3. To synthesize and report to the Government and the Prime Minister on the results of implementation of asset and income transparency regulations.

Article 37.- Responsibilities of ministries, ministerial-level agencies, Government-attached agencies and provincial/municipal People's Committees

1. To organize, direct, propagate, disseminate, urge and inspect the implementation of asset and income transparency regulations in their ministries, branches, localities or agencies.

2. To revise and annul according to their competence or propose competent agencies or organizations to annul regulations contrary to the asset and income transparency regulations in the Anti-Corruption Law and this Decree.

3. To commend collectives and individuals that record outstanding achievements and handle violators of asset and income transparency regulations.

Article 38.- Implementation effect

This Decree takes effect on the date of its signing.

The provisions of Chapter II of the Government's Decree No. 64/1998/ND-CP of August 17, 1998, detailing and guiding the implementation of the Anti-Corruption Ordinance, and the Government's Decree No. 13/2002/ND-CP of January 30, 2002, amending and supplementing a number of articles of Decree No. 64/1998/ND-CP of August 17, 1998, cease to be effective on the effective date of this Decree.

Article 39.- Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairmen of the People's Councils, presidents of the People's Committees of provinces and centrally run cities, concerned agencies, organizations, units and individuals shall implement this Decree.

THE GOVERNMENT

PRIME MINISTER

(signed)

Nguyen Tan Dung

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This translation is for reference only.

This Decree details and guides the handling of violations of urban construction order stipulated in Clauses 1, 2, 4, 5 and 6, Article 10; Clause 5, Article 67; Article 86; Article 94; and Clause 2, Article 120 of the Construction Law.

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THE GOVERNMENT ----------------   No: 180/2007/ND-CP

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ------------------ Ha Noi, day 07 month 12 year 2007

DECREE

Detailing and guiding the implementation of a number of articles of the construction Law regarding the handling of violations of urban construction order

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Construction Law;

At the proposal of the Minister of Construction,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree details and guides the handling of violations of urban construction order stipulated in Clauses 1, 2, 4, 5 and 6, Article 10; Clause 5, Article 67; Article 86; Article 94; and Clause 2, Article 120 of the Construction Law.

Article 2.- Subjects of application

1. Organizations and individuals engaged in building activities committing acts that violate urban construction order.

2. Cadres, public employees and servants assigned to manage urban construction order and related organizations and individuals.

Article 3.- Principles of handling of violations

1. Construction works and components thereof (below referred to as construction works for short) in violation of urban construction order must be detected, stopped and handled in a prompt and thorough manner.

2. Organizations and individuals involved in building works in violation of urban construction order and organizations and individuals assigned to manage urban construction order but letting violations occur shall be handled under the provisions of this Decree and relevant laws.

Article 4.- Measures for handling violations of urban construction order

Acts of violation of urban construction order must be handled in one or more of the following forms:

1. Suspension of building activities.

2. Termination of building activities, application of measures of ceasing the supply of electricity and water; notifying competent agencies not to provide electricity and water services, business activities and other services for construction works in violation.

3. Enforcement of dismantlement of works in violation.

4. Forced compensation for damage caused by acts of violation.

5. Sanctioning of administrative violations in building activities. Serious violations may be handled in accordance with the penal law.

6. In addition to handling forms specified in Clauses 1, 2, 3, 4 and 5 of this Article, investors, construction contractors, designing consultancy contractors and construction supervision contractors that commit acts of violation of urban construction order will have their names publicized on the website of the Ministry of Construction and the mass media.

Article 5.- Construction works in violation of urban construction order

Construction works in violation of urban construction order to be handled under the provisions of this Decree include:

1. Construction works prescribed by law to have construction permits but having no construction permit.

2. Construction works built in violation of construction permits granted by competent agencies.

3. Construction works built in violation of designs already appraised and approved by competent agencies; in violation of 1/500-scale detailed construction plans already approved by competent agencies (for construction works exempted from obtaining a construction permit).

4. Construction works affecting the quality of adjacent ones or the environment and communities.

Chapter II

RESPONSIBILITY TO ENSURE URBAN CONSTRUCTION ORDER

Article 6.- Responsibilities of investors

1. To strictly comply with the provisions of law on construction.

2. To suspend building activities, dismantle by themselves construction works in violation immediately after a written record of suspension of building activities is issued.

3. To pay all dismantlement expenses when their works are dismantled under decisions on enforcement of dismantlement.

4. To pay compensations for damage caused by their acts of violation; if causing serious consequences; to be handled in accordance with the penal law.

5. Other responsibilities prescribed by law.

Article 7.- Responsibilities of construction contractors

1. To strictly comply with the provisions of law on construction.

2. To suspend building activities after a written record on suspension of building activities is issued.

3. To pay compensations for damage caused by their acts of violation.

4. Other responsibilities prescribed by law.

Article 8.- Responsibilities of designing consultancy contractors and supervision consultancy contractors

1. Responsibilities of designing consultancy contractors

a/ To observe the provisions of law when designing construction works;

b/ Designing construction works in accordance with construction plans already approved by competent authorities.

2. Responsibilities of construction supervision consultancy contractors

a/ To observe the provisions of law on construction; to refuse to supervise the building of works specified in Article 5 of this Decree;

b/ To detect and request investors and construction contractors to strictly follow the designs already appraised and approved by competent authorities;

c/ In the course of supervising building activities, if detecting that investors and construction contractors improperly follow the approved designs, to report such to responsible agencies for handling;

If conniving with investors or construction contractors in carrying out or letting them carry out building activities at variance with construction designs, they shall be handled in accordance with the penal law.

Article 9.- Responsibilities of police offices, electricity and water service-providing agencies and other related agencies

1. Heads of commune, ward and township police offices shall coordinate with competent construction inspectorates in handling violations of urban construction order, strictly comply with requests in building suspension decisions and dismantlement enforcement decisions issued by competent authorities; if failing to comply with these requests, tolerating acts of violation or allowing works to be further built, they shall be handled according to regulations or, if causing serious consequences, be handled in accordance with the penal law.

2. Heads of enterprises and individuals providing electricity, water and other services related to construction works in violation of urban construction order shall comply strictly and on time with requests in building suspension decisions and dismantlement enforcement decisions issued by competent authorities; if failing to comply with, complying with these requests not in time or tolerating or abetting acts of violation, they shall be handled according to regulations or, if causing serious consequences, be handled in accordance with the penal law.

Article 10.- Responsibilities of heads of competent agencies in charge of managing urban construction order

1. Presidents of People's Committees of communes, wards and townships (referred to as commune level for short):

a/ To urge and examine the situation of urban construction order in their localities, promptly issue building suspension decisions or dismantlement enforcement decisions with respect to works in violation of urban construction order according to their competence;

b/ To handle their subordinate cadres who are assigned to manage urban construction order but let violations occur;

c/ To take responsibility for violations of urban construction order occurring in their localities.

2. Presidents of district-level People's Committees

a/ To urge and examine commune-level People's Committee presidents in managing urban construction order in their localities, promptly issue building suspension decisions or dismantlement enforcement decisions with respect to works in violation of urban construction order according to their competence;

b/ To handle commune-level People's Committee presidents and subordinate cadres who are assigned to manage urban construction order for letting violations occur;

c/ To take responsibility for violations of urban construction order occurring in their localities;

d/ To propose presidents of People's Committees of provinces or centrally run cities (referred to as provincial level for short) to issue necessary and realistic measures for effectively managing urban construction order.

3. Provincial-level People's Committee presidents:

a/ To issue regulations and measures to handle and prevent violations of urban construction order. To make decision to sanction administrative violations falling within their competence;

b/ To handle district-level People's Committee presidents and subordinate cadres assigned to manage urban construction order for letting violations occur;

c/ To take responsibility for the situation of urban construction order in their provinces.

4. Persons with competence to manage urban construction order

a/ Chief inspectors of provincial-level Construction Services shall supervise, urge and closely follow the situation of urban construction order in localities; recommend remedies to provincial-level Construction Service directors who shall report and propose them to provincial-level People's Committees;

b/ Directors and chief inspectors of provincial-level Construction Services and district- and commune-level chief inspectors of construction (if any), district-level urban management sections (if any) and heads of other agencies assigned to manage urban construction order are responsible for the situation of urban construction violations falling within their management competence; and handle their subordinate cadres assigned to manage urban construction order for letting violations occur.

Article 11.- Responsibilities of cadres, public employees and inspectors assigned to manage urban construction order

1. To examine, detect and promptly report violations of urban construction order in localities which they are assigned to manage or promptly handle those violations falling within their management competence.

2. To take responsibility for wrongdoings, direct or indirect, in performing management of urban construction order. If issuing construction permits contrary to regulations or after the time limit prescribed by law; issuing wrong decisions, issuing decisions ultra vires, failing to issue decisions or issuing decisions after the time limit prescribed in this Decree with respect to construction works in violation of urban construction order, to pay compensations for damage, and, if causing serious consequences, to be handled in accordance with the penal law.

Chapter III

HANDLING OF CONSTRUCTION WORKS IN VIOLATION OR URBAN CONSTRUCTION ORDER

Article 12.- Handling of construction works without construction permits

1. For construction works which are required by law to have construction permits, if they are built without a construction permit, except for cases specified in Clause 2 of this Article, they are subject to the following handling measures:

a/ Making a written record of suspension of building activities and request for the investor to dismantle by itself the construction work in violation of urban construction order;

b/ If the investor fails to suspend building activities, terminating building activities and enforcing dismantlement of the construction work in violation of urban construction order; at the same time, applying measures of ceasing the provision of power and water services and other services related to the building of the work; banning vehicles carrying building supplies and materials and workers from entering the building site;

c/ Enforcing dismantlement of the construction work if the investor fails to comply with the building suspension decision. The investor shall pay all expenses for the preparation of a dismantlement plan (if any) and dismantlement work.

2. For construction works without construction permits but eligible for the issue of a construction permit according to regulations, they are subject to the following handling measures:

a/ Making a written record of suspension of building activities and request for the investor to apply for a construction permit, applicable to the following construction works: construction works in line with approved plannings; construction works on land with land use right and house ownership certificates and in line with construction planning; new houses built on old house foundations or renovations of existing houses in line with construction planning; and construction works on land areas eligible for the issue of a land use right certificate in accordance with the land law;

b/ If the investor fails to suspend building activities, terminating building activities and forcing the investor to apply for a construction permit and, at the same time, applying measures specified at Point b, Clause 1 of this Article.

If the investor fails to produce a construction permit issued by a competent agency within 60 days from the date of issuance of a building suspension decision, dismantlement of the construction work shall be enforced.

c/ After obtaining a construction permit, if the work has been built inconsistently with the contents of the permit, the investor shall dismantle by itself the part built inconsistently with the contents of the permit. Only after so doing, can the investor continue building activities.

If the investor fails to dismantle by itself the part built inconsistently with the contents of the permit, dismantlement shall be enforced under the provisions of Article 24 of this Decree and the investor shall pay all dismantlement expenses;

d/ If the investor's application for a construction permit is rejected or the investor fails to produce a construction permit after the time limit specified at Point b, Clause 2 of this Article, the investor shall dismantle by itself the work in violation. If the investor fails to do so, dismantlement shall be enforced and the investor shall pay all dismantlement expenses.

Article 13.- Handling of works built inconsistently with the contents of construction permits

Works built inconsistently with the contents of construction permits issued by competent agencies shall be handled as follows:

1. Making a written record of suspension of building activities and request for dismantlement of the work's part built inconsistently with the contents of its construction permit.

2. If the investor fails to stop building activities, terminating building activities and forcing the investor to dismantle by itself the work's part built inconsistently with the contents of the construction permit; and at the same time, applying measures specified at Point b, Clause 1, Article 12 of this Decree.

3. If the investor fails to dismantle by itself the work's part built inconsistently with the contents of the construction permit, dismantlement shall be enforced. The investor shall pay all dismantlement expenses. Depending on the severity of the violation, the investor shall also pay compensations for damage caused by its act of violation.

Article 14.- Handling of construction works built inconsistently with designs or 1:500 scale detailed construction plans already appraised or approved by competent authorities, for cases of construction permit exemption

1. For the following construction works in violation of urban construction order, a written record of suspension of building activities and request for dismantlement by the investor shall be made:

a/ Construction works under investment projects on construction of works which have been built inconsistently with their base or technical designs already appraised or approved by competent state agencies;

b/ Construction works under new urban center, industrial park or apartment building projects which have been built inconsistently with approved 1:500 scale detailed construction plans.

2. If the investor fails to stop building activities, building activities must be terminated and the investor shall be forced to dismantle by itself the work in violation; and at the same time, measures specified at Point b, Clause 1, Article 12 of this Decree shall be applied.

3. If the investor fails to dismantle by itself the work in violation, dismantlement shall be enforced. The investor shall pay all expenses for the preparation of a dismantlement plan and dismantlement work.

Article 15.- Handling of construction works that affect the quality of adjacent works, the environment and communities

1. When a construction work causes sinking, cracks or leakage to or possible collapse of adjacent works, building activities must be stopped for payment of damage compensations:

a/ Damage compensations shall be paid as agreed upon between the investor and the damaged party; if no such agreement can be reached, the damaged party may file its compensation claim at a court;

b/ Building activities may resume only after the parties reach agreement on damage compensation.

2. If a construction work causes pollution to the surrounding environment or its supplies, materials and construction equipment obstruct public traffic, building activities must be suspended; the investor and construction contractor shall take measures for overcoming consequences; building activities may resume only after the investor and construction contractor have completely overcome consequences, paid compensations, and assured that no impact will be exerted on the surrounding environment.

3. If the investor and construction contractor fail to comply with the provisions of Clauses 1 and 2 of this Article, building activities shall be terminated and the measure specified at Point b, Clause 1, Article 12 of this Decree shall be applied until they have completely overcome consequences and paid damage compensations.

Chapter IV

COMPETENCE TO HANDLE VIOLATIONS OF URBAN CONSTRUCTION ORDER

Article 16.- Competence of inspectors and commune-level construction management cadres

1. To make written records of suspension of building activities and request for investors to dismantle by themselves works in violation.

2. To propose commune-level People's Committee presidents to decide on termination of building activities or enforcement of dismantlement of works in violation of urban construction order falling within their competence.

Article 17.- Competence of commune-level People's Committee presidents to handle violations of urban construction order

1. To decide on termination of building activities with respect to construction works in violation in localities under their management; to decide on enforcement of dismantlement of construction works in violation in localities under their management, excluding those specified in Clause 1, Article 18 of this Decree.

2. To enforce dismantlement of all construction works in violation under decisions of commune-level People's Committee presidents, district-level People's Committee presidents or chief inspectors of provincial-level Construction Services.

3. To handle their subordinate cadres assigned to manage urban construction order for letting violations occur without promptly stopping them, tolerating or covering up acts of violation.

4. To propose district-level People's Committee presidents to handle cases of violation of urban construction order which fall beyond the competence of commune-level People's Committee presidents and handle cadres assigned to manage urban construction order who are under the management of district-level People's Committee presidents.

Article 18.- Competence of district-level People's Committee presidents to handle violations of urban construction order

1. To decide on enforcement of dismantlement of construction works in violation for which construction permits are granted by district-level People's Committee presidents or provincial-level Construction Services and against which commune-level People's Committees have issued a building termination decision.

2. To direct commune-level People's Committee presidents to enforce the dismantlement of construction works in violation under decisions of district-level People's Committee presidents or chief inspectors of provincial-level Construction Services.

3. To handle commune-level People's Committee presidents and their subordinate cadres assigned to manage urban construction order for letting violations occur without promptly stopping them, tolerating or covering up acts of violation.

Article 19.- Competence of provincial-level People's Committee presidents to handle violations of urban construction order

1. To issue regulations and decisions to stop and remedy violations of urban construction order in their localities.

2. To issue decisions on handling district-level People's Committee presidents and their subordinate cadres assigned to manage urban construction order for letting violations occur without promptly stopping them, tolerating or covering up acts of violation.

Article 20.- Competence of heads of specialized sections of district-level People's Committees in charge of urban construction management or district-level chief inspectors of construction (if any) to handle violations of urban construction order

1. To request commune-level People's Committee presidents to issue building termination decisions or dismantlement enforcement decisions with respect to works in violation falling within the latter's competence in case the latter fail to promptly issue those decisions; at the same time to propose district-level People's Committee presidents to discipline commune-level People's Committee presidents.

2. To submit to district-level People's Committee presidents for promulgation decisions on handling violations that fall beyond the competence of commune-level People's Committees; and submit to district-level People's Committee presidents for promulgation decisions on enforcement of construction works in violation according to the latter's competence.

3. To issue building termination decisions with respect to construction works in violation of urban construction order which commune-level People's Committees fail to handle in time.

Article 21.- Competence of chief inspectors of provincial-level Construction Services to handle violations of urban construction order

1. To decide on building termination or dismantlement enforcement with respect to works in violation of urban construction order for which construction permits are granted by provincial-level Construction Services or district-level People's Committee presidents in case district-level People's Committee presidents fail to promptly issue those decisions.

2. To propose provincial-level People's Committee presidents to handle district-level People's Committee presidents, organizations or individuals assigned to manage urban construction that let violations occur.

Chapter V

ORDER OF AND PROCEDURES FOR HANDLING VIOLATIONS OF URBAN CONSTRUCTION ORDER

Article 22.- Making of written records of suspension of building activities

1. Construction inspectors or commune-level cadres in charge of construction shall promptly detect acts of violation of the construction law in their communes; make written records of suspension of building activities and request for investors to comply with those records.

2. A written record of suspension of building activities must clearly state details of the violation and the handling measure, and be immediately sent to the commune-level People's Committee president for report.

3. If the investor is intentionally or unintentionally absent, the written record is still valid for compliance.

4. The format and contents of a written record of suspension of building activities are prescribed in Appendix I to this Decree (not printed herein).

Article 23.- Termination of building activities

1. Past 24 hours after a written record of suspension of building activities is made, if the investor fails to stop building activities and comply with the contents of the written record, the commune-level People's Committee president shall issue a building termination decision forcing the investor to comply with the contents of the written record of suspension of building activities.

2. Within 24 hours from the time the commune-level People's Committee president issues a building termination decision with respect to a work, concerned agencies shall organize its enforcement as follows:

a/ The commune-level People's Committee president shall organize a force to ban vehicles carrying supplies, materials and workers from entering the building site of the construction work in violation of urban construction order;

b/ Persons competent to sign contracts on power and water supply services and related services shall stop providing these services for the construction works in violation.

3. If the investor is intentionally or unintentionally absent, the decision on suspension of building activities is still valid for compliance.

4. The format and contents of a building termination decision are prescribed in Appendix II to this Decree (not printed herein). For building termination decisions issued by district-level chief inspectors of construction or chief inspectors of provincial-level Construction Services, they shall be made according to the forms in Appendices III and IV to this Decree (not printed herein).

Article 24.- Enforcement of dismantlement of works in violation

1. Commune-level People's Committees shall issue dismantlement enforcement decisions and organize dismantlement work:

a/ After 03 days (including holidays) from the date of issuance of a building termination decision, for construction works for which a dismantlement plan is not required;

b/ After 10 days (including holidays) from the date of issuance of a building termination decision, for construction works for which a dismantlement plan is required and investors fail to comply with the contents of the written record of suspension of building activities.

2. Investors shall pay all expenses for making dismantlement plans and organizing dismantlement work.

3. For construction works in violation for which construction permits are granted by district-level People's Committees or provincial-level Construction Services, within 24 hours after the commune-level People's Committee issues a building termination decision, the commune-level People's Committee shall send a dossier to the district-level People's Committee president. Within three days after receiving the dossier, the district-level People's Committee president shall issue a dismantlement enforcement decision. The commune-level People's Committee president shall organize dismantlement work.

4. For cases of termination of building activities in which the investor is required to apply for a construction permit under Clause 2, Article 12 of this Decree, the time limit for issuing a dismantlement enforcement decision complies with Clause 2, Article 12 of this Decree. The commune-level People's Committee shall issue a dismantlement enforcement decision and organize dismantlement work. The investor shall pay all expenses for dismantlement work.

5. If the investor is intentionally or unintentionally absent, the enforcement dismantlement decision is still valid for compliance.

6. The format and contents of a dismantlement enforcement decision are prescribed in Appendix V to this Decree (not printed herein). For dismantlement enforcement decisions issued by chief inspectors of provincial-level Construction Services, they shall be made according to the form in Appendix VI to this Decree (not printed herein).

Article 25.- Plans for dismantlement of works in violation of urban construction order

1. Dismantlement of works must be planned in order to ensure safety in the course of dismantlement. For construction works with dismantlement plans subject to approval, dismantlement plans must be made by investors; if having no conditions for making a dismantlement plan, the investor shall hire a qualified consultancy organization to make that plan. In case of enforcement of dismantlement, the person competent to issue dismantlement enforcement decisions shall designate a consultancy organization to make a dismantlement plan while the investor shall pay all expenses for the making of the dismantlement plan.

2. Contents of a dismantlement plan

A dismantlement plan must state dismantlement measures and processes, equipment and machines used for dismantlement, measures to ensure safety for human life and property, security and order, environmental sanitation; order and timing, and dismantlement expenses. A dismantlement plan must be approved by the specialized section of the district-level People's Committee, except for cases specified in Clause 3 of this Article.

3. Cases in which the dismantlement plan is not subject to approval:

a/ Temporary construction works;

b/ Construction works' parts and construction works of 3 meters high at most from the ground level;

c/ Construction works' foundations built of bricks or stones or concrete foundations not connected to adjacent works.

4. Dismantlement organizations must be capable as required by law. For cases for which a dismantlement plan is not required, dismantlement work must ensure safety for humans and property and environmental sanitation.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 26.- Propaganda and dissemination of the Decree for implementation

Provincial-level People's Committees shall:

1. Organize propaganda and dissemination of this Decree for the people to know and comply with.

2. Direct, and coordinate with radio stations, television stations and central and local press agencies in, reporting and commending organizations' and individuals' merits in detecting acts of violation of urban construction order and, at the same time, publicizing names of investors, construction contractors, designing consultancy contractors and construction supervision contractors who commit violations of urban construction order and handling measures.

3. Send documents to agencies that manage organizations or individuals violating urban construction order, requesting the agencies' heads to take handling measures in accordance with law.

Article 27.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

The Ministry of Construction shall supervise the implementation of this Decree.

Article 28.- Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of People's Committees of provinces and centrally run cities shall implement this Decree.

THE GOVERNMENT

PRIME MINISTER

(signed)

Nguyen Tan Dung

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This translation is for reference only.

This Circular guides in detail the implementation of a number of provisions on strategic environmental assessment, environmental impact assessment and environmental protection commitment provided for in the November 29, 2005 Law on Environmental Protection (below referred to as the Law on Environmental Protection), the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection (below referred to as Decree No. 80/2006/ND-CP) and Decree No. 21/2008/ND-CP of February 28,2008, amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection (below referred to as Decree No. 21/2008/ND-CP)...

 

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------------
No. 05/2008/TT-BTNMT	Hanoi, December 8, 2008

CIRCULAR

GUIDING STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION COMMITMENT

Pursuant to the November 29, 2005 Law on Environmental Protection;

Pursuant to the Government's Decree No. 80/ 2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection;

Pursuant to the Government s Decree No. 81/2007/ND-CP of May 23, 2007, providing for specialized environment protection organizations and sections in charge of environmental protection in state agencies and slate enterprises;

Pursuant to the Government's Decree No. 21/2008/ND-CP of February 28, 2008, amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection;

Pursuant to the Government's Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

The Ministry of Natural Resources and Environment guides the implementation of a number of provisions on strategic environmental assessment, environmental impact assessment and environmental protection commitment as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

1.1. This Circular guides in detail the implementation of a number of provisions on strategic environmental assessment, environmental impact assessment and environmental protection commitment provided for in the November 29, 2005 Law on Environmental Protection (below referred to as the Law on Environmental Protection), the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection (below referred to as Decree No. 80/2006/ND-CP) and Decree No. 21/2008/ND-CP of February 28,2008, amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection (below referred to as Decree No. 21/2008/ND-CP), covering:

a/ Elaboration and appraisal of strategic environmental assessment reports;

b/ Elaboration, appraisal and approval of environmental impact assessment reports and additional environmental impact assessment reports; implementation, examination and certification of the implementation of environmental impact assessment reports, additional environmental impact assessment reports and satisfaction of other requirements set in approving decisions;

c/ Elaboration, registration and certification of environmental protection commitment documents;

d/ Examination and reporting on the appraisal and approval of environmental impact assessment reports and certification of environmental protection commitment documents.

1.2. This Circular does not apply to projects which have been put into operation (below referred to as operating establishments), including those which have operated since before July 1. 2006, and have not implemented regulations on elaboration, appraisal and approval of environmental impact assessment reports or regulations on elaboration, registration and certification of environmental standard conformity registration documents.

1.3. Strategies, plannings, plans and projects in the domain of security and defense and those involving national secrets are guided in other documents.

2. Subjects of application

This Circular applies to state agencies, domestic organizations and individuals; foreign organizations and individuals (below collectively referred to as organizations and individuals) carrying out activities specified at Point 1.1, Section 1, Part I of this Circular.

3. Application of environmental standards and regulations

When elaborating environmental impact assessment reports or environmental protection commitment documents for their projects, project owners are required to apply Vietnam's compulsory environmental standards and national technical regulations and compulsory environmental standards and regulations under treaties to which Vietnam is a contracting party.

II. ELABORATION AND APPRAISAL OF STRATEGIC ENVIRONMENTAL ASSESSMENT REPORTS

1. Elaboration of strategic environmental assessment reports

1.1. The agency assigned to formulate a project subject to elaboration of a strategic environmental assessment report specified in Article 14 of the Law on Environmental Protection (below referred to as the project owner) shall set up a working team of environmental experts and scientists who possess professional qualifications relevant to the project's content and characteristics or hire a capable consultancy organization to carry out strategic environmental assessment and elaborate a strategic environmental assessment report of the strategy, planning or plan.

1.2. Strategic environmental assessment reports must have the form and contents as prescribed.

2. Sending of dossiers of request for appraisal of strategic environmental assessment reports

2.1. Project owners shall send dossiers of request for appraisal of strategic environmental assessment reports to appraising agencies specified in Clause 7, Article 17 of the Law on Environmental Protection.

2.2. A dossier of request for appraisal comprises:

a/ 01 (one) written request for appraisal of the strategic environmental assessment report;

b/ 09 (nine) copies of the project's strategic environmental assessment report, each bound into a volume bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet;

c/ 09 (nine) copies of the draft strategic document, each planning or plan, bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet.

If the appraisal council has more than nine (09) members or in other necessary cases as required by the appraisal, the project owner shall provide more copies of the strategic environmental assessment report and the draft strategic document, planning or plan as requested by the appraising agency.

3. Appraisal of strategic environmental assessment reports

3.1. The agency competent to appraise strategic environmental assessment reports shall designate a subordinate specialized unit to act as the appraisal council's standing body.

3.2. The organization and operation of a council for appraisal of the strategic environmental assessment report; and tasks of its standing body comply with the Regulation issued by the Minister of Natural Resources and Environment.

3.3. After receiving a complete and valid dossier which is qualified for appraisal, the appraising agency shall set up a council to appraise the strategic environmental assessment report; the number of members of the appraisal council shall be decided in pursuance to Clauses 2, 3 and 4, Article 17 of the Law on Environmental Protection, the project's characteristics and scope and environmental requirements, but must be at least 09 (nine).

3.4. The time limit for appraisal is specified in Clauses 1 and 2, Article 12 of Decree No. 80/ 2008/ND-CP.

4. Responsibilities of agencies organizing the appraisal of strategic environmental assessment reports:

4.1. To notify in writing the project owner of the appraisal results within 5 (five) working days after the end of the working session of the appraisal council. The notice must clearly state that the strategic environmental report is approved without requiring any adjustments or supplements or is disapproved and must be re-submitted for approval or is approved if it is adjusted or supplemented, together with adjustment or supplementation requirements for the report and recommendations concerning the adjustment of the contents of the draft strategic document, planning or plan (if any).

4.2. To examine the strategic environmental report after it is adjusted or supplemented by the project owner.

4.3. To report to the agency competent to approve the project on the results of appraisal of the strategic environmental assessment report as prescribed in Clauses 3 and 4, Article 10 of Decree No. 80/2006/ND-CP, within 10 (ten) working days after the receipt of a complete and valid dossier as prescribed at Point 5.2, Section 5, Part II of this Circular. The report on the results of appraisal of a strategic environmental assessment report shall be made in writing, containing also comments and recommendations of the appraising agency, enclosed with copies of the minutes of the appraisal councils' working sessions, expressing the sessions' contents and conclusions and the signatures of the appraisal council's chairman and secretary, and a copy of the project owner's written explanations about the adjustments or supplements, already made, for cases in which the strategic environmental assessment report must be adjusted or supplemented at the request of the appraising agency.

5. Responsibilities of the project owner

5.1. To finalize the strategic environmental assessment report at the request of the appraising agency in case the strategic environmental assessment report will not be approved by the appraisal council unless it is adjusted or supplemented (where the strategic environmental assessment report is disapproved by the appraisal council, the project owner shall adjust and send once again the report to the agency competent to appraise the report according to regulations); to adjust the draft strategic document, planning or plan on the basis of recommendations of the appraising agency in conformity with environmental protection requirements set in the adjusted or supplemented strategic environmental assessment report.

5.2. To send to the appraising agency a dossier comprising 01 (one) adjusted draft strategic document, planning or plan, 02 (two) hard copies and 01 (one) soft copy recorded in a CD of the finalized strategic environmental assessment report and written explanations about the adjustments or supplements.

5.3. The time for the project owner to finalize and send once again the strategic environmental assessment report at the request of the appraising agency is not counted into the time limit prescribed in Clauses 1 or 2, Article 12 of Decree No. 80/ 2006/ND-CP.

III. ELABORATION, APPRAISALAND APPROVAL OF ENVIRONMENTAL IMPA CT ASSESSMENT REPORTS; IMPLEMENTATION, EXAMINATION AND CERTIFICATION OF THE IMPLEMENTATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS, ADDITIONAL ENVIRONMENTAL IMPACT ASSESSMENT REPORTS AND SATISFACTION OF REQUIREMENTS SET IN APPROVING DECISIONS

1. Elaboration of environmental impact assessment reports

1.1. Organizations and individuals that are owners of investment projects subject to elaboration of an environmental impact assessment report (below referred to as project owners) shall carry out by themselves environmental impact assessment and elaborate environmental impact assessment reports or hire qualified consultancy service organizations as specified in Article 8 of Decree No. 80/2006/ND-CP to do this job.

1.2. Environmental impact assessment reports must have the form and content as prescribed.

2. Community consultation

2.1. The project owner shall send to the People's Committee and the Fatherland Front Committee of the commune where the project will be implemented a document notifying the project's principal investment items, environmental issues and environmental protection measures and requesting them to give their written opinions on these matters. Such a document states the project's basic contents, its adverse impacts on the natural environment and socio-economic situation (specifying the categories of wastes, their concentrations and volume), measures to minimize these adverse impacts and other environmental protection commitments of the project owner (clearly stating waste treatment technologies, equipment and facilities and treatment levels according to specific parameters of wastes against prescribed standards and norms, and other environmental protection measures), enclosed with diagrams (maps and drawings) showing the location of the project in the relationship with surrounding natural and socio-economic objects, the diagram (drawing) of the project's general ground plan showing its principal items, waste treatment and management facilities and environmental protection facilities for factors other than wastes (displaying infrastructure connection points, including those between the project's waste treatment and management facilities with infrastructure systems and natural objects outside the project's fence).

2.2. Within the time limit prescribed at Clause 4, Article 1 of Decree No. 21/200S/ND-CP, the commune-level People's Committee and Fatherland Front Committee shall:

- Publicize the project among local people and send written responses to the project owner.

- Request in writing the project owner, to collaborate in holding dialogue meetings, when necessary. The dialogue between the project owner, commune-level People's Committee, Fatherland Front Committee and stakeholders shall be recorded in a minutes, which lists all attendants and reflects all debated matters and contents accepted or unaccepted by the project owner. The minutes must bear the signatures (together with the full names and titles) of representatives of the project owner and attendants.

2.3. The pros and cons of the project proposed by the commune-level People's Committee and Fatherland Front Committee and attendants to the dialogue meeting shall be summed up and truthfully expressed in the environmental impact assessment report.

2.4. The project owner's documents on community consultations, written opinions of the commune-level People's Committee and Fatherland Front Committee, the dialogue meeting's minutes and other documents on community consultations (if any) shall be duplicated and attached to the project's environmental impact assessment report.

2.5. Cases in which consultation with commune-level People's Committees and representatives of communities where the project will be implementation in the process of elaborating environmental impact assessment reports is not required are specified in Clause 4, Article 1 of Decree No. 21/2008/ND-CP.

3. Sending of dossiers of request for appraisal of environmental impact assessment reports

3.1. Project owners shall send dossiers of request for appraisal of environmental impact assessment reports to agencies competent to organize the appraisal of environmental impact assessment reports specified at Points a and b, Clause 7, Article 21 of the Law on Environmental Protection and Clause 5, Article 1 of Decree No. 21/2008/ND-CP.

3.2. A dossier of request for appraisal of an environmental impact assessment report comprises:

a/ 01 (one) written request for appraisal and approval of the project's environmental impact assessment report;

b/ 07 (seven) copies of the project's environmental impact assessment report, each bound into a volume and bearing the signature and the full name and title of the project owner and a stamp on its supplementary cover sheet. If the appraisal council has more than seven (07) members or in other necessary cases as required by appraisal job, the project owner shall provide more copies of the environmental impact assessment report and the draft strategic document, planning or plan as requested by the appraising agency;

c/ 01 (one) draft investment report, socio-economic report, investment project or equivalent documents of the project, each bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet.

3.3. The time of sending dossiers of request for appraisal or approval of projects' environmental impact assessment reports is specified in Clause 5, Article 1 of Decree No. 21/ 2008/ND-CP.

4. Appraisal of environmental impact assessment reports by an appraisal council

4.1. The agency competent to appraise environmental impact assessment reports shall designate a subordinate specialized unit to act as the standing body of the appraisal council.

4.2. The organization and operation of a council for appraisal of the environmental impact assessment report and tasks of its standing body comply with the Regulation issued by the Ministry of Natural Resources and Environment.

4.3. After receiving a valid dossier which is qualified for appraisal, the appraising agency shall decide to set up a council to appraise the environmental impact assessment report. The number of members of an appraisal council shall be decided in pursuance to Clauses 2. 3 and 4, Article 21 of the Law on Environmental Protection, the project's characteristics and scope and environmental requirements, but must be at least 07 (seven).

4.4. Within 05 (five) working days after receiving the appraisal results from the appraisal council, the council's standing body shall notify in writing the project owner of the appraisal results and requirements to finalize the dossier of the environmental impact assessment report.

5. Appraisal of environmental impact assessment reports by an appraisal service organization Environmental impact assessment reports shall be appraised by an appraisal service organization in accordance with the Regulation on conditions for the provision of environmental impact assessment report appraisal services, issued together with the Natural Resources and Environment Minister's Decision No. 19/2007/QD-BTNMT of November 26, 2007 (below referred to as Regulation 19).

6. Finalization of environmental impact assessment reports

6.1. Cases in which the environmental impact assessment report is appraised by an appraisal council

The project owner shall finalize the environmental impact assessment report at the request of the appraising agency, sign on the left bottom corner of each page and then duplicate and send copies of the report bound into hardback volumes, enclosed with written explanations on the finalization, to the appraising agency for consideration and approval as follows:

a/ Sending the environmental impact assessment report, which is subject to approval by the Ministry of Natural Resources and Environment, to the Ministry of Natural Resources and Environment (03 hard copies and 01 soft copy recorded in a CD); the Natural Resources and Environment Service of the province where there is land to be used for the project (01 copy); and the project-managing ministry or agency (01 copy); the management board of the industrial park, ex port-processing zone or hi-tech park (below referred to as the management board), for investment projects in industrial parks, export-processing zones or hi-tech parks (01 copy); and the project owner (01 copy). In case the project will be implemented on an area belonging to 02 (two) or more provinces or centrally run cities, the number of copies will correspond to the number of concerned provinces and/or centrally run cities;

b/ Sending the environmental impact assessment report, which is subject to approval by another ministry, a ministerial-level agency or government-attached agency, to the project-managing ministry or branch (03 hard copies and 01 soft copies recorded in a CD); the Natural Resources and Environment Service of the province where these is land to be used for the project (01 copy): the Ministry of Natural Resources and Environment (01 copy); the management board, for investment projects in industrial parks, export-processing zones and hi-tech parks (01 copy); or the project owner (01 copy).

c/ Sending the environmental impact assessment report, which is subject to approval by the provincial-level People's Committee, to the People's Committee of the province where the project will be implemented (01 hard copy and 01 soft copy recorded in a CD); the provincial-level Natural Resources and Environment Service (01 copy); the management board, for investment projects in industrial parks, export-processing zones and hi-tech parks (01 copy); and the project owner (01 copy).

6.2. Cases of appraisal by a service organization:

a/ The finalization of environmental impact assessment reports appraised by an appraisal service organization must comply with Articles 14, 15 and 16 of Regulation 19;

b/ The finalized environmental impact assessment reports must satisfy the requirements on number of copies and contents specified at Point 6.1, Section 6, Part III of this Circular.

6.3. If the finalization of the environmental impact assessment report takes more than 24 (twenty four) months counting from the time the appraisal council's standing body issues a notice of the appraisal results and requirements on the finalization of the environmental impact assessment report, or involves basic changes in the project's production technology, capacity or location, the project owner shall re-compile the dossier of request for appraisal of the project's environmental impact assessment report.

6.4. The time for the project owner to finalize the environmental impact assessment report is not counted into the appraisal time limit specified in Article 12 of Decree No. 80/2006/ND-CP.

7. Re-appraisal of environmental impact assessment reports

7.1. In case the environmental impact assessment report is not accepted by the appraisal council or appraisal service organization or the project sees changes specified at Point 6.3, Section 6, Part III of this Circular, a re-appraisal will be carried out upon a written request of the project
owner.

7.2. Are-appraisal of the environmental impact assessment report may be carried out by the appraisal council or appraisal service organization which has carried out the appraisal; in case of necessity, the agency competent to approve the environmental impact assessment report may set up a new appraisal council or select another appraisal service organization to carry out the re-appraisal.

7.3. Expenses for re-appraisal of the environmental impact assessment report shall be paid by the project owner according to current regulations.

8. Approval of environmental impact assessment reports

8.1. Approval of an environmental impact assessment report shall be expressed in a decision.

8.2. When seeing that there is the possibility of adverse environmental impacts which, however, have not yet been fully examined in the environmental impact assessment report due to such objective causes as the lack of data on the loading capacity of the surrounding environment, unreliability of the risk assessment and other force majeure circumstances by the time of approval of the environmental impact assessment report, the agency competent to approve the report shall make a note thereof in the requirement section of the approval decision.

9. Certification and sending of dossiers of approved environmental impact assessment reports

After the environmental impact assessment report is approved, the agency competent to approve the report (or the agency authorized by the agency competent to approve the report) shall:

- Give certification on the reverse side of the supplementary cover sheet of each copy of the environmental impact assessment report;

- Send the certified environmental impact assessment report, together with the approved decision, to the project owner and other relevant agencies specified at Point 6.1, Section 6, Part III of this Circular; and

- Send the decision approving the environmental impact assessment report under Clauses 1 and 2, Article 15 of Decree No. 80/ 2006/ND-CP.

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

10.1. The project owner falling into cases specified at Point a. Clause 1,Article 13ofDecree No. 80/2006/ND-CP and Clause 6, Article 1 of Decree No. 21/2008/ND-CP, shall elaborate and submit an additional environmental impact assessment report to the agency which has approved the project's environmental impact assessment report for appraisal and approval before the project is implemented.

10.2. Additional environmental impact assessment reports must have the form and contents as prescribed.

10.3. A dossier of request for appraisal and approval of an additional environmental impact assessment report comprises:

a/ 01 (one) written request for appraisal and approval of the additional environmental impact assessment report;

b/ 07 (seven) copies of the additional environmental impact assessment report, each bound into a volume bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet. In case of necessity as required by appraisal job, the project owner shall provide more copies of the additional environmental impact assessment report as requested by the appraising agency;

c/ 01 (one) copy of the approved environmental impact assessment report;

d/ 01 (one) lawfully authenticated copy of the decision approving the environmental impact assessment report;

dd/ 01 (one) adjusted investment report techno-economic report, investment project or equivalent documents, bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet.

10.4. The additional environmental impact assessment report shall be appraised by seeking written comments from scientists and managers who possess relevant professional qualifications and the state management agency in charge of environmental protection in the locality where the project will be implemented. Comments and evaluations shall be made according to a set form. In case of necessity, the additional environmental impact assessment report may be appraised by an appraisal council or appraisal service organization.

10.5. If the dossier is unqualified for appraisal, within 05 (five) working days after receiving the dossier, the appraising agency shall notify in writing the reasons for its non-qualification to the project owner for completing the dossier.

10.6. If the dossier is qualified for appraisal, the agency competent to appraise the report shall consider and approve the additional environmental impact assessment report within 30 (thirty) working days; if the dossier fails to satisfy conditions for approval, it shall notify in writing the project owner of its comments and evaluation on the additional environmental impact assessment report for finalizing the dossier.

10.7. A dossier of request for approval of the additional environmental impact assessment report comprises written explanations about the finalization of the report, enclosed with the finalized environmental impact assessment report signed by the project owner on the left bottom comer of each page, bound into a hardback volume and duplicated in a number of copies equal to those of the approved environmental impact assessment report of the project.

10.8. The decision approving the additional environmental impact assessment report shall be made according to a set form with a sufficient number of originals for sending to all the recipients of the decision approving the environmental impact assessment report.

Certification of the approved additional environmental impact assessment report shall be given on the reverse side of its supplementary cover sheet.

10.10. The certified additional environmental impact assessment report and the approval decision shall be sent to recipients like those of the approved environmental impact assessment report and its approval decision.

11. Responsibilities of the project owner after the environmental impact assessment report is approved

11.1. To report to the People's Committee of the district where the project will be implemented on the contents of the decision approving the project's environmental impact assessment report, within 15 (fifteen) days after the date of receipt of the decision.

11.2. To make a summary of the approved environmental impact assessment report and post it up at the office of the commune-level People's Committee where community consultations have been carried out, within 05 (five) days after the receipt of the decision approving the environmental impact assessment report and the decision approving the additional environmental impact assessment report, if any, till the project is put into operation.

11.3. To prepare and send to the agency which has approved the environmental impact assessment report and the Natural Resources and Environment Service of the province or city where the project will be implemented, the following reports and documents:

a/ A report on the plan on construction and installation of environmental treatment and protection facilities;

b/ A report on trial operation of environmental protection and treatment facilities;

c/ A report on implementation of the project's environmental impact reports and compliance with requirements set out in its approval decision before the project is put into operation, enclosed with a written request for certification.

11.4. If the project has an approved additional environmental impact assessment report, the project owner shall report the contents of the additional report to the People's Committee of the district where the project will be implemented, within the time limit specified at Point 11.1. Section 11, Part III of this Circular and update and supplement to the reports specified at Point 11.3, Section 11, Part HJ of this Circular, contents related to the approved additional environmental impact assessment report and requirements set in its approval decision.

11.5. To implement other requirements specified in Article 14 of Decree No. 80/2006/ ND-CP.

12. Responsibilities of the agency approving the environmental impact assessment report after the report is approved

12.1. Before the project is put into operation, to supervise and examine the implementation of the approved environmental impact assessment report and the additional environmental impact assessment report (if any) and the satisfaction of requirements set in the decision approving the project's environmental impact assessment report on the basis of considering the project owner's reports and dossier of request for certification.

When necessary, to set up an examination team to collaborate with relevant agencies in conducting examination at the project's site. The examination results shall be recorded in a minutes bearing the signatures and full names of representatives of the examining agency, the project owner and relevant agencies.

12.2. To grant a certificate of the project owner's implementation of the environmental impact assessment report and satisfaction of requirements set in the report-approving decision and decision approving the additional environmental impact assessment report (if any) before the project is put into operation, within the following time limit after the receipt the project owner's written request enclosed with a valid and complete dossier as specified at Point 11.3. Section 11, Part III of this Circular:

a/ 15 (fifteen) working days, in case it is unnecessary to carry out examination, measurement and sample taking at the project's site;

b/ 25 (twenty five; working days, in case it is necessary to carry out examination, measurement and sample taking at the project's site and the project is qualified for certification.

If the project is unqualified for certification, to notify in writing the reason to the project owner. The time for the project owner to satisfy the requirements of the agency approving the environmental impact assessment report is not counted into the above 25-working day time limit.

12.3. In the process of examining and certifying the implementation of the environmental impact assessment report and satisfaction of the requirements set in the approval decision, if environmental observation and analysis data reported by the project owner are unreliable, the certifying agency shall coordinate with a professionally qualified organization in conducting measurement, taking samples and making analysis for comparison; expenses for the examination, sample taking and analysis of environmental parameters for comparison shall be paid by the certifying agency according to current regulations.

12.4. To implement other regulations specified in Article 15 of Decree No. 80/2006/ND-CP.

13. Technical survey of environmental protection and treatment facilities

13.1. Technical survey of environmental protection and treatment facilities complies with legal provisions on investment and construction.

13.2. Organizations which have designed, built or installed the project's environmental protection and treatment facilities may not technically survey these facilities.

14. Authorization of the appraisal and approval of environmental impact assessment reports of investment projects in industrial parks, export-processing zones and hi-tech parks

14.1. The state agency competent to appraise and approve the environmental impact assessment report may authorize in writing the management board to organize the appraisal and approval of the environmental impact assessment report of an investment project in the industrial park, export-processing zone or hi-tech park in pursuance to the conditions specified in Clause 8, Article 1 of Decree No. 21/2008/ND-CP, provided that the management board has a specified environmental protection organization or section environmental protection which is an environmental management bureau set up under Clause 1, Article 9 of the Government's Decree No. 81/2007/ND-CP of May 23, 2007, providing for specified environmental protection organizations and sections state agencies and state enterprises and has filed a written request therefor.

14.2. The authorized management board shall act as a competent state agency organizing the appraisal of the environmental impact assessment report by an appraisal council or appraisal service organization; re-appraisal of the environmental impact assessment report; approval of the environmental impact assessment report; certification and sending of the dossier of the approved environmental impart assessment report; appraisal and approval of the additional environmental impact assessment report of the project for which the environmental impact assessment report has been approved under authorization; has the responsibilities of art agency approving the environmental impact assessment report after the report is approved in strict accordance with the provisions of Part III, this Circular; send the report to the authorizing agency and implement the examination and reporting regulations in Part V of this Circular.

IV. ELABORATION, REGISTRATION AND CERTD7ICATION OF ENVIRONMENTAL PROTECTION COMMITMENT DOCUMENTS

1. Elaboration of environmental protection commitment documents

1.1. Owners of projects specified in Article 24 of the Law on Environmental Protection shall elaborate environmental protection commitment documents.

1.2. The form and contents of environmental protection commitment documents are prescribed in Appendix 23 to this Circular.

2. Registration of environmental protection commitment documents

2.1. The project owner shall send a dossier of request for registration of the environmental protection commitment document to the People's Committee of the district, town or provincial city (below referred to as district-level People's Committee) where the project will be implemented or the authorized commune-level People's Committee for registration and certification.

2.2. The time for registration of the environmental protection commitment document is specified at Point 1. Clause 7. Article 1 of Decree No. 21/2008/ND-CP.

2.3. If the project is implemented in an area belonging to 02 (two) or more districts, the project owner shall compare and select a district which will be most affected by the project and send the dossier of request for registration of environmental protection commitment to its People's Committee.

2.4. A dossier of registration of the environmental protection commitment document comprises:

a/ 01 (one) written request for certification of registration of the environmental protection commitment document;

b/ 05 (five) copies of the environmental protection commitment document, each bound into a hardback volume bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet. In case the project is implemented in an area belonging to 02 (two) or more districts, the number of copies must correspond to the number of concerned districts;

c/ 01 (one) investment report, techno-economic report, production and business plan or equivalent documents of the project; if the project is implemented in an area belonging to 02 (two) or more districts, the number of copies must correspond to the number of concerned districts.

3. Certification of registration of the environmental protection commitment document

3.1. Registration of the environmental protection commitment document shall be certified in a certificate.

If the investment project is implemented in an area belonging to 02 (two) or more districts, the district-level People's Committee that has received the dossier of registration of the environmental protection commitment document shall send the environmental protection commitment document to the People's Committees of all districts where the project will be implemented for comments before granting a registration certificate.

3.2. The agency competent to grant a registration certificate shall give certification on the reverse side of the supplementary cover sheet of each copy of the registered environmental protection commitment document.

3.3. If the registration dossier is unqualified for certification, the district-level People's Committee or the authorized commune-level People's Committee shall notify in writing the reasons to the project owner for completing the registration dossier. The time for finalizing the registration dossier is not counted into the time limit for registration of the environmental protection commitment document specified in Article 26 of the Law on Environmental Protection.

4. Sending of dossiers of certification of environmental protection commitment documents

4.1. If the registration and certification is carried out at the district level, the district-level People's Committee shall send 01 (one) copy of the environmental protection commitment document, enclosed with the certificate, to:

a/ The project owner for implementation;

b/ The provincial-level state management agency in charge of environmental protection;

c/ The People's Committees of all districts where land is used for the project, if the project is implemented on an area belonging to 02 (two) or more districts.

4.2. If the registration and certification is carried out at the commune level, the commune-level People's Committee shall send 01 (one) copy of the environmental protection commitment document, enclosed with the certificate, to:

a/ The project owner for implementation;

b/ The district-level People's Committee.

5. Elaboration, registration and certification of additional environmental protection commitment documents

5.1. Additional environmental protection commitment documents shall be elaborated in the following cases:

- The project sees one of fundamental changes in technology, scope, capacity or implementation site; if the change of the project's location leads to the change of the agency competent to make certification, the project owner shall re-compile the dossier of registration for certification of the environmental protection commitment document;

- The project cannot be carried out within 24 months counting from the date the environmental protection commitment document is certified by a competent agency.

5.2. Additional environmental protection commitment documents, must have the form and contents as prescribed. The project owner shall send the dossier of the additional environmental protection commitment document to the agency which has granted the certificate of registration of the environmental protection commitment document for consideration and certification.

5.3. A dossier of registration of the additional environmental protection commitment document comprises:

a/ 01 (one) written request for certification of registration of the additional environmental protection commitment document;

b/ 01 (one) copy of the certified environmental protection commitment document;

c/ 01 (one) lawfully authenticated copy of the certificate of registration of the environmental protection commitment document;

d/ 01 (one) draft adjusted investment report; adjusted techno-economic report; adjusted production and business plan or equivalent document of the project, bearing the signature, full name and title of the project owner and a stamp on its supplementary cover sheet;

dd/ The number of copies of the additional environmental protection commitment document is equal to the number of copies of the projects environmental protection commitment document certified by a competent agency.

5.4. Certification of additional environmental protection commitment documents shall be made in the same way as certification of environmental protection commitment documents.

5.5. The sending of the dossier of the additional environmental protection commitment document shall be similar to the sending of the dossier of the certified environmental protection commitment document.

6. Authorization of the certification of the registration of environmental protection commitment documents to commune-level Peoples Committees

6.1. The district-level Peoples Committee may authorize a commune-level Peoples Committee to certify the registration of the environmental protection commitment document if seeing that the commune-level Peoples Committee is capable in environmental management and the commune-level Peoples Committees has made a written request for the authorization of registration of the environmental protection commitment document.

6.2. Within 03 (three) working days after receiving a written request of the commune-level Peoples Committee for authorization, the district-level Peoples Committee shall:

a/ Send a document of authorization to the commune-level Peoples Committee to certify the registration of the environmental protection commitment document, in case of approval;

b/ Send a notice clearly stating the reason for non-approval to the commune-level Peoples Committee and the project owner.

6.3. The time for consideration and settlement of the commune-level Peoples Committees request for authorization is not counted into the time limit for certification of registration of the environmental protection commitment document.

6.4. If it is not authorized, the commune-level Peoples Committee shall return the dossier of the environmental protection commitment to the project owner for sending it to the competent district-level Peoples Committee for consideration and certification according to regulations.

6.5. If the project is implemented on an area belonging to 02 (two) or more districts, towns or provincial cities, the district-level Peoples Committee may not authorize a commune-level Peoples Committee to give certification.

7. Authorization of the certification of registration of environmental protection commitment documents of investment projects in economic zones, industrial parks, export-processing zones and hi-tech parks

7.1. The district-level Peoples Committees competent to certify the registration of the environmental protection commitment document may authorize in writing the management board to certify the registration of the environmental protection commitment document of an investment project in an economic zone, industrial park, export-processing zone or hi-tech parks in pursuance to the conditions specified in Clause 8, Article 1 of Decree No. 21/2008/ND-CP, provided that the management board has a specialized environmental protection organization or section which is an environmental protection bureau set up under Clause 1, Article 9 of the Governments Decree No. 81/2007/ND-CP of May 23, 2007, providing for specified environmental protection organizations and sections in state agencies and state enterprises and has filed a written request for authorization.

7.2. The authorized management board shall perform all tasks of a district-level Peoples Committee in the certification of the registration of environmental protection commitment documents; sending of dossiers of registration of environmental protection commitment documents; certification of registration of additional environmental protection commitment documents of projects for which environmental protection commitment documents have been certified in strict accordance with Part IV of this Circular and send reports to the district-level Peoples Committee and implement the examination and reporting regulations in Part V of this Circular.

V. REGULATIONS ON EXAMINATION OF AND REPORTING ON THE APPRAISAL AND APPROVAL OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS AND CERTIFICATION OFENVIRONMENTAL PROTECTION COMMITMENT DOCUMENTS

1. Specialized environmental protection sections of agencies competent to appraise and approve environmental impact assessment reports specified at Point b, Clause 7, Article 21 of the Law on Environmental Protection and provincial-level Natural Resources and Environment Services are subject to the examination by the Ministry of Natural Resources and Environment in the appraisal and approval of environmental impact assessment reports according to current law; shall send written reports on the appraisal and approval of environmental impact assessment report in the year to the Ministry of Natural Resources and Environment before January 30 of next year, enclosed with a datasheet (send hard copies printed on A4 size paper sheets by post and e-mail attachments).

2. The authorized management boards are subject to the examination by authorizing agencies in the appraisal and approval of environmental impact assessment reports and certification of environmental protection commitment documents in accordance with current regulations; and send written reports before annual January 15 to the following agencies:

2.1. The Ministry of Natural Resources and Environment, on the appraisal and approval of environmental impact assessment reports, enclosed with a table of the results of these activities (send hard copies printed on A4 size paper sheets by post and e-mail attachments).

2.2. Provincial-level Natural Resources and Environment Services, on the certification of registration of environmental protection commitment documents, enclosed with a table on the results of these activities (send hard copies printed on A4 size paper sheets by post and e-mail attachments).

3. District-level Peoples Committees are subject to the examination by provincial-level Natural Resources and Environment regarding the certification of registration of environmental protection commitment documents according to current regulations; and shall report to provincial-level Natural Resources and Environment Services on the certification of registration of environmental protection commitment documents in the year no later than January 15 of the following year, enclosed with a datasheet (send hard copies printed on A4 size paper sheets by post and e-mail attachments).

4. Provincial-level Natural Resources and Environment Services shall send reports on the certification of registration of environmental protection commitment documents in the year to provincial-level Peoples Committees and the Ministry of Natural Resources and Environment before January 30 of the following year, clearly stating the number of projects which have been granted registration certificates, arising difficulties and problems and proposing solutions to these shortcomings.

VI. IMPLEMENTATION PROVISIONS

1. Ministries, ministerial-level agencies, government-attached agencies and People's Committees at all levels shall organize the implementation of this Circular.

2. This Circular takes effect 15 days after its publication in CONG BAO and replaces Circular No. 08/20067TT-BTNMT of September 9, 2006, of the Ministry of Natural Resources and Environment, guiding strategic environmental assessment, environmental impact assessment and environmental protection commitment.

3. The appraisal of strategic environmental assessment reports, appraisal and approval of environmental impact assessment reports and certification of registration of environmental protection commitment documents for dossiers received by competent agencies before the effective date of this Circular still comply with Circular No. 0S/2006/TT-BTNMT.

4. Any problems arising in the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment for consideration and settlement.

 

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT Pham Khoi Nguyen

 

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This translation is for reference only.

Thông tư số 11/2009/TT-BCT ngày 20 tháng 5 năm 2009 quy định chi tiết một số điều của nghị định số 107/2008/nđ-cp ngày 22 tháng 9 năm 2008 của chính phủ quy định xử phạt vi phạm hành chính các hành vi đầu cơ, găm hàng, tăng giá quá mức, đưa tin thất thiệt, buôn lậu và gian lận thương mại