DECISION

ON AUTHORITY TO DECIDE THE LIST OF ESTABLISHMENTS CAUSING SERIOUS ENVIRONMENTAL POLLUTION AND MEASURES HANDLING THOSE ESTABLISHMENTS

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

Pursuant to Article 49 of the Law on Environmental Protection dated November 29, 2005;

At the proposal of the Minister of Nature Resources and Environment;

The Prime Minister promulgates the Decision on authority to decide the list of establishments causing serious environmental pollution and measures handling those establishments.

Article 1. Scope and subjects of regulation

1. This Decision provides the authority to decide the list of establishments causing serious environmental pollution and measures handling those establishments.

2. The Ministry of Natural Resources and Environment shall provide the criteria to identify establishments causing serious environmental pollution.

3. This Decision does not apply to the following establishments:

a. Establishments subject to operation suspension or operation ban as prescribed in Clause 1 and Clause 3, Article 48 of the Government’s Decree No. 117/2009/ND-CP dated December 31, 2009, on handling of violations of the law on environmental protection;

b. Persistent organic pesticide stockpile sites under the Prime Minister’s Decision 1946/QD-TTg dated October 21, 2010, approving the plan on treatment and prevention of environmental pollution caused by persistent organic pesticide stockpiles nationwide;

c. Craft villages under the national target program on pollution remedying and environmental improvement for the 2012-2015 period approved under the Prime Minister’s Decision No. 1206/QD-TTg dated September 02, 2012.

Article 2. Authority to decide the list of establishments causing serious environmental pollution and measures handling those establishments

1. The Prime Minister may decide on the list of the following establishments causing serious environmental pollution and measures handling that establishment:

a. Production, business or service establishments, hospitals, solid waste landfills, export processing zones, industrial parks and industrial complexes of which environmental impact assessment reports have been approved by the Ministry of Natural Resources and Environment, Ministries, Ministerial-level agencies or Government-attached agencies;

b. Production, business or service establishments, hospitals, solid waste landfills, export processing zones, industrial parks and industrial complexes which must make detailed environmental protection plans for approval by the Ministry of Natural Resources and Environment, Ministries, Ministerial-level agencies or Government-attached agencies as prescribed in Point a, Clause 3, Article 39 of the Government’s Decree No. 29/2011/ND-CP dated April 18, 2011, on strategic environmental assessment, environmental impact assessment and environmental protection commitment;

c. Detention establishments (prisons and detention camps); establishments for prisoner renovation reform schools and centers; professional training centers of the people’s police forces; military training units; establishments producing or repairing weapons and military equipment;

d. Social protection establishments and the medical treatment, education and social labor centers under the management of the Ministry of Labor, War Invalids and Social Affairs.

2. Chairpersons of provincial-level People's Committees shall decide the list of establishments causing serious environmental pollution and measures handling those establishments, for establishments located in their localities, except the subjects specified in Clause 1 of this Article.

Article 3. Responsibilities for summarization of lists of establishments causing serious environmental pollution and measures handling those establishments

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with Ministries, sectors and localities in summarizing lists of establishments causing serious environmental pollution and measures handling those establishments, and submit them to the Prime Minister for decision, for the cases specified in Clause 1, Article 2 of this Decision.

2. Provincial-level Natural Resources and Environment Departments shall assume the prime responsibility for, and coordinate with related departments and sectors in, reviewing and summarizing lists of establishments causing serious environmental pollution and measures handling those establishments, and submit them to chairpersons of provincial-level People’s Committees for decision, for the cases specified in Clause 2, Article 2 of this Decision; and send them to the Ministry of Natural Resources and Environment for examination and monitoring.

3. The Ministry of Natural Resources and Environment shall periodically inspect and examine the listing and handling of establishments causing serious environmental pollution; and provide the certification of establishments causing serious environmental pollution that completed thoroughly pollution treatment.

Article 4. Effect and implementation responsibility

1. This Decision takes effect on March 01, 2013.

2. Ministers, heads of Ministerial-level agencies, heads of Government-attached agencies, chairpersons of provincial-level People’s Committees and heads of relevant agencies shall implement this Decision.

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