Authorizing the Management Board of industrial parks, export processing zones, and economic zones to issue environmental licenses.
According to the draft, the Provincial People's Committee shall review, decentralize the appraisal and approval of the results of the appraisal of environmental impact assessment reports; grant, change, adjust, re-issue and revoke environmental licenses for the Industrial Park Management Board.
Decentralization must be stipulated in legal documents of the Provincial People's Committee, ensuring compliance with the provisions of Article 13 of the Law on Organization of Local Government, laws on environmental protection and other relevant laws.
In addition, the Provincial People's Committee shall consider and authorize the Industrial Park Management Board to appraise and approve the appraisal results of environmental impact assessment reports; grant, change, adjust, re-issue, and revoke environmental licenses when the Management Board meets the capacity, conditions, and requirements on environmental protection as prescribed.
The authorized industrial park management board is responsible for appraising and approving the results of appraisal of environmental impact assessment reports; granting, changing, adjusting, re-granting, and revoking environmental licenses according to the provisions of Articles 35, 36, 41, 43, 44, 45, 50, and 51 of the Law on Environmental Protection and Articles 29, 30, and 49 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection.
Authorized capacity and conditions
According to the draft, the Industrial Park Management Board is authorized when meeting the following requirements:
1- Have a specialized department on environmental protection with 7 or more civil servants for the Industrial Park Management Board of Hanoi City and Ho Chi Minh City, 6 or more civil servants for the Industrial Park Management Board of type I provinces, 5 or more civil servants for the Industrial Park Management Board of type II and type III provinces, with personnel in charge of environmental protection;
2- Personnel in charge of environmental protection specified in point (1) above must have a university degree or higher in the fields of environmental management; science, technology, environmental engineering; chemistry, biology and have at least 3 years of experience working in the environmental field;
3- Personnel must be trained in environmental or appropriate expertise to conduct appraisal and approval of appraisal results of environmental impact assessment reports; grant, change, adjust, re-issue, and revoke environmental licenses; have university degree or higher;
4- Authorized only for industrial parks, export processing zones, economic zones that meet environmental protection requirements as prescribed.
Environmental protection requirements for industrial parks, export processing zones, economic zones
According to the draft, industrial parks, export processing zones, and economic zones must meet the following environmental protection requirements:
1- There is environmental protection infrastructure as prescribed in Clause 1, Article 50 of the Law on Environmental Protection for economic zones and Clause 1, Article 51 of the Law on Environmental Protection for industrial parks and export processing zones;
2- There has been a decision approving the appraisal results of the environmental impact assessment report of the investment project for construction and business of industrial park infrastructure according to the provisions of law;
3- Have an environmental license or a component environmental license as prescribed by law.
The draft clearly states that authorization must be made in writing. The authorization must specify a time limit and be specifically stated in the authorization document.
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