DECISION

ON APPLICATIONS AND PROCEDURES FOR DETERMINATION OF PROJECTS WITH OUTDATED TECHNOLOGY, POTENTIAL FOR ENVIRONMENTAL POLLUTION AND RESOURCE DEPLETION

Pursuant to the Law on Government Organization of June 19, 2015; Law on amendments to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration of and guidelines for the Law on Investment;

Pursuant to Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on conditions for conformity assessment services;

At the request of the Minister of Science and Technology;

The Prime Minister promulgates a Decision on applications and procedures for determination of projects with outdated technology, potential for environmental pollution and resource depletion.

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1. This Decision deals with applications and procedures for determination of projects with outdated technology, potential for environmental pollution and resource depletion and inspection of machinery, equipment, and technological lines in investment projects.

2. This Decision does not apply to projects for national defense and security purposes.

Article 2. Regulated entities

This Decision applies to:

1. The lead agency shall determine projects with outdated technology, potential for environmental pollution and resource depletion (hereinafter referred to as the lead agency) in accordance with Points a and b, Clause 11, Article 27 of the Decree. Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government on elaboration of and guidelines for the Investment Law.

2. Investors; organizations designated to inspect machinery, equipment, and technological lines (hereinafter referred to as designated inspection bodies); relevant agencies, organizations, and individuals.

Article 3. Interpretation of terms

1. “project using technology" means an investment project that uses machinery, equipment, and technological lines to produce products.

2. “project technology determination” means the process of reviewing, assessing, and identifying the technological lines, machinery, and equipment of an investment project in accordance with Article 27.10(a) and (b) of Government Decree No. 31/2021/ND-CP to conclude whether the project uses or does not use outdated technology, has the potential for environmental pollution, or leads to resource depletion.

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Article 4. Application and procedures for project technology determination

1. Application for project technology determination includes:

a) An application form for project technology determination: Form No. 01 in Appendix hereof;

b) Notes to current technology employed in the project: Form No. 02 in Appendix hereof;

c) A valid certificate of inspection of machinery, equipment, and technological lines used in the project (hereinafter referred to as the "certificate of inspection"), which shows the contents according to Form No. 03 specified in the Appendix hereof.

2. Procedures for project technology determination:

a) The investor sends one set of application for project technology determination, in person, by post, or via the online public service portal to the agency that leads the technology determination according to their authority as prescribed in Points a and b, Clause 11, Article 27 of Decree No. 31/2021/ND-CP (hereinafter referred to as the lead agency).

b) If the application is incomplete or invalid and the investor submitted it in person at the single-window division of the lead agency, the lead agency shall immediately return it to the investor with clear instructions on necessary amendments or additions. If the application is incomplete or invalid and the investor submitted it via the online public service portal or by post, after 2 working days of receiving the application, the lead agency shall request the investor for  necessary amendments or additions.

c) After 3 working days of receiving a complete and valid application, the lead agency shall request the environmental authority and a specialized authority at the same level with the lead agency in writing for their consultation. Where necessary, the lead agency may also seek expert opinions from independent organizations or individuals to assist in the technology determination process.

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dd) For large-scale projects with complex technology, where necessary, the lead agency may, within 20 working days of receiving a complete application, establish a Science and Technology Advisory Council (as outlined in Clause 3) and undertake an on-site visit to further assess the project technology. 

e) Within 5 working days of receiving all required feedback (agencies, Council, independent organizations, and experts), the lead agency shall issue a written determination on the project's technology, using Form No. 04 (Appendix).

3. The Science and Technology Advisory Council is composed of:  President, Vice President and Secretary of the Council; representatives of the lead agency and relevant regulatory agencies; representative of the Department of Science and Technology where the project is implemented, in case the lead agency is the Ministry of Science and Technology according to the decentralization of authority specified in Point a, Clause 11, Article 27 of Decree No. 31/2021/ND -CP; experts with expertise appropriate to the field of machinery, equipment, and technological lines to be inspected. In particular, at least one-third of the Council members must be experts.

The Scientific and Technological Advisory Council works on the principles of democracy, objectivity, honesty and. It is held accountable for its advice and recommendations to both the law and the agency that established it.

Article 5. Inspection certificates, designated inspection bodies

1. Inspection certificate is issued by a designated inspection body to inspect machinery, equipment, and technological lines in projects as per the law.

The validity of the inspection certificate is 12 months from the date of issuance of the certificate.

2. The inspection body has been granted a certificate of registration for inspection as specified in Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government regulating eligibility requirements for conformity assessment, including the field of inspection of machinery, equipment, and technological lines, which is registered with a competent authority that is designated to inspect machinery, equipment, and technological lines in projects.

3. Designated inspection bodies of used machinery, equipment, and technological lines that are imported under Decision No. 18/2019/QD-TTg dated April 19, 2019 of the Prime Minister may register with competent authorities for supplementing inspection fields/scope of machinery, equipment, and technological lines.

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1. In case of initial designation, the application includes:

a) An application form for designation to inspect used machinery, equipment, and technological lines in projects, using Form No. 05 in the Appendix;

b) A copy of the certificate of registration for inspection;

c) A list of inspectors using Form No. 06 in the Appendix, accompanied by copies of professional training certificates and documents proving the capacity of the inspectors to meet regulatory requirements stipulated in Decree No. 107/2016/ND-CP;

d) Copies of technical documents, standards, applicable technical regulations, methods and processes, and procedures on inspection in accordance with national standards (TCVN) ISO 17020 corresponding to the scope of the application for designation;

dd) A copy of certificate of recognition of inspection capacity issued by a legal accreditation organization (if any).

2. In case of supplementing inspection fields/scope of machinery, equipment, and technological lines as prescribed in Clause 3, Article 5 of this Decision, the application includes:

a) An application form for designation for supplementing inspection fields/scope of machinery, equipment, and technological lines in projects, using Form No. 07 in the Appendix;

b) The required documents specified in Points c, d and dd, Clause 1 of this Article corresponding to the scope of additional registration.

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Article 7. Authority and procedures for designating inspection bodies

1. The Ministry of Science and Technology is the competent authority to designate inspection bodies of  machinery, equipment, and technology lines in projects.

2. Procedures for initial designation, re-designation in case the designation decision expires:

a) The inspection body shall prepare one set of application for designation or re-designation of inspection of machinery, equipment, and technological lines in projects, and then send it in person, by post, or via online public service portal of the Ministry of Science and Technology to register for designation.

b) Within 3 working days of receiving an incomplete or invalid application, the Ministry of Science and Technology shall notify the inspection body in writing of making necessary amendments.

c) Within 30 working days of receiving a complete and valid application, the Ministry of Science and Technology shall employ one of two methods to undertake on-site evaluation of the inspection body: dispatching expert personnel or forming an assessment team. Matters to be evaluated are outlined in clause 4 of this Article. The inspection body seeking designation shall cover the cost of expert or team evaluation.

The inspection body that submitted the application shall be notified in writing, five days prior to the on-site evaluation. At the end of the evaluation, the evaluation expert or team shall finalize an evaluation report that covers the matters specified in Clause 4 of this Article.

If corrective actions are required to address the inadequacies in the evaluation report, the inspection body has 30 days to submit a report on corrective actions taken and results thereof to the Ministry of Science and Technology. In case the corrective actions against the inadequacies need extra time, the inspection body must report to the Ministry of Science and Technology in writing and clearly state the expected completion date for these actions.

d) Within 10 working days of receiving the report on results of corrective actions according to the on-site evaluation report, if the inspection body has fully addressed the inadequacies and met the requirements, the Ministry of Science and Technology shall issue a decision to appoint the inspection body to inspect machinery, equipment, and technology lines in projects according to Form No. 08 specified in the Appendix to the Decision.  The validity period of the designation decision is 3 years from the date of signing.

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3. Procedures for supplementing inspection fields/scope:

The inspection body shall prepare one set of application for supplementing inspection fields/scope of machinery, equipment, and technological lines in projects, and then send it in person, by post, or via online public service portal of the Ministry of Science and Technology to register for supplementation.

Procedures for supplementing additional inspection fields/scope of machinery, equipment, and technological lines are outlined in clause 2 of this Article.

4. Matters to be evaluated:

a) Compliance with legal regulations by the inspection body in the field of registered designation;

b) Authenticity of the application;

c) Maintenance of a management system and operational capacity that meets the requirements specified in national standard TCVN ISO/IEC 17020 or international standard ISO/IEC 17020;

d) Qualifications and capacity of the inspectors.

Article 8. Responsibilities of the Ministry of Science and Technology

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2. Designate inspection bodies of machinery, equipment, and technology lines of projects and publish a list of designated inspection bodies on the Ministry of Science and Technology website.

3. Oversee and examine the inspection of machinery, equipment, and technology lines by designated inspection bodies as per applicable laws.

Article 9. Responsibilities of ministries, ministerial-level agencies, and People's Committees of provinces and centrally affiliated cities

1. Ministries and ministerial-level agencies shall coordinate with the Ministry of Science and Technology to implement this Decision.

2. People's Committees of provinces and centrally affiliated cities shall direct Departments of Science and Technology to:

a) Conduct the project technology determination as specified in this Decision.

b) Before December 20 each year, submit a report on project technology determination (Form No. 09, Appendix) to the Ministry of Science and Technology. This report covers data from December 15 of the previous year to December 14 of the reporting year.

Article 10. Responsibilities of inspection bodies

1. Inspect machinery, equipment, and technological lines in projects as specified in this Decision and relevant legal regulations.

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3. Before December 20 each year, submit a report on inspection of machinery, equipment, and technological lines in projects (Form No. 10, Appendix) to the Ministry of Science and Technology.  This report covers data from December 15 of the previous year to December 14 of the reporting year.

4. Notify the Ministry of Science and Technology within 15 days of any changes affecting their designated inspection capacity.

Article 11. Implementation

1. This Decision comes into force as of February 15, 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities, and relevant entities shall implement this Decision./.

PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Luu Quang

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