CIRCULAR

GUIDING FOR CLASSIFICATION AND DECISION OF THE LIST OF ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION REQUIRED TO BE HANDLED

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

Pursuant to the Decree No.80/2006/ND-CP dated August 09, 2006 of the Government detailing and guiding the implementation of some Articles of the Law on Environmental Protection;

Pursuant to the Decree No.91/2002/ND-CP of November 11, 2002 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Decision No.64/2003/QD-TTg dated April 22, 2003 of the Prime Minister approving the plan on thorough handling of the establishments causing serious environmental pollution;

Ministry of Natural Resources and Environment guides the classification and decides on the list of establishments causing environmental pollution required to be handled as follows:

I. Bases for the classification of establishments causing environmental pollution

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2. The main environmental parameters for waste water, waste gas, noise, vibration of the establishment include:

2.1. pH, temperature of wastewater;

2.2. Radioactive substances in wastewater, waste gas;

2.3. The parameters specified in the respective Vietnam standards on environment are determined by the competent State agencies based on the environmental impact assessment report or registration form for meeting environmental standards (to be established before July 01, 2006) or written commitment for environmental protection (to be established from July 01, 2006) or environmental protection schemes (to be established from July 01, 2006) which were approved, certified by the competent state agencies or as prescribed in Appendix issued together with this Circular.

3. Where the establishments commit acts of violation of regulations on management of solid wastes that pollute the surrounding environment, the competent State agencies shall identify additional main environmental parameters on waste water, waste gas caused by waste solids under the guidance in clause 2 of this Section for used as a basis for classification of the establishments causing environmental pollution.

II. Criteria for classification of the establishments causing environmental pollution

1. Establishments causing serious environmental pollution are the establishments in one of the following circumstances:

1.1. There are from 02 (two) normal pollution parameters exceeding permissible Vietnam standards on environment for 5 (five) times or more;

1.2. There are from 02 (two) parameters of hazardous pollutants exceeding permissible Vietnam standards on environment for 3 (three) times or more;

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1.4. There is an average value of 02 (two) pollution parameters exceeding the highest environmental standards of Vietnam for 06 (six) times or more;

1.5. There are 02 (two) pollution parameters exceeding Vietnam standards on environment or more and at least 01 (one) normal pollution parameter exceeding Vietnam standards on environment for 10 (ten) times or more;

1.6. There are 02 (two) pollution parameters exceeding Vietnam standards on environment or more and at least 01 (one) dangerous pollution parameter exceeding Vietnam standards on environment for 5 (five) times or more;

1.7. Containing radioactive substances causing environmental pollution exceeding the permitted level;

1.8. Having wastewater pH equal to or less than two (≤ 2) or more than twelve point five (> 12.5);

1.9. Having wastewater temperatures more than 450C.

2. Establishments causing environmental pollution are those not in one of the cases mentioned in clause 1 of this Section but having 01 (one) or more environmental parameter on waste water, waste gas, noise, vibration in excess of Vietnam standards on environment.

III. Order of classification and decision on the list of establishments causing environmental pollution required to be handled

1. Before March 31 each year, based on the closest results on examination, environmental protection inspection and based on criteria classifying the establishments causing environmental pollution in Section II of this Circular, the Department of Natural Resources and Environment makes a list and proposes the measures to deal with the establishments causing environmental pollution, causing serious environmental pollution in the area (except for the establishments in the field of defense and security) in Form No.1 and Form No.2 attached to this Circular, the report of the same level People's Committee, Ministry of Natural Resources and Environment; sends a list of establishments causing environmental pollution, causing serious environmental pollution to the ministries, ministrial-level agencies, governmental agencies, economic groups, corporations 91 (hereinafter referred to as ministries and branches) involved.

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2.1. Make decision on the lists and the handling of establishments causing environmental pollution, causing serious environmental pollution in the area (except for the establishments in the field of defense and security) as prescribed in Point b, Clause 3 of Article 49 of the Environmental Protection Law, and for the establishments under branch’s, ministry’s management, it must be consulted by ministries and agencies before making a decision;

2.2. Report the list of establishments causing serious environmental pollution in the area (except for the establishments in the field of defense and security) with a scale beyond the competence or its own ability to handle or of ministries, branches in Form No.3 attached to this Circular to the Ministry of Natural Resources and Environment for synthesizing, submitting to the Prime Minister for making decision under the provisions at Point d, Clause 3 of Article 49 of the Law on Environmental Protection;

3. Before March 31 each year, professional agencies for environmental protection under the Ministry of Defence, Ministry of Public Security are based on the closest results on examination, environmental inspection and based on the criteria for classification of the establishments causing environmental pollution in Section II of this Circular, shall preside over and coordinate with the concerned Department of Natural Resources and Environment to make a list of establishments causing environmental pollution, causing serious environmental pollution in the field of defense and security in accordance with Form No.4 and Form No.5 attached to this Circular to submit to the Minister of National Defence, Minister of Public Security and Ministry of Natural Resources and Environment.

4. Before April 30 every year, based on reports of professional agencies of environmental protection, the Minister of National Defence, Minister of Public Security performs the following tasks:

4.1. Make decision on the list and the handling of establishments causing environmental pollution, causing serious environmental pollution under its management;

4.2. Report the list of establishments causing serious environmental pollution with a scale beyond the competence or its own ability to handle in Form No.6 attached to this Circular to the Ministry of Natural Resources and Environment for synthesizing, submitting to the Prime Minister for making decision under the provisions at Point d, Clause 3 of Article 49 of the Law on Environmental Protection.

5. Before May 30 each year, based on reports of list and proposal of measures for handling the establishments causing serious environmental pollution of the People's Committees of provinces and cities directly under the Central Government, Ministry of Defense and Ministry of Public Security, Ministry of Natural Resources and Environment submits to the Prime Minister for making decision on the lists and the handling of establishments causing serious environmental pollution.

6. The direction of the handling of establishments causing environmental pollution, the establishments causing serious environmental pollution shall comply with provisions in clause 4 of Article 49 of the Law on Environmental Protection.

IV. Organization of implementation

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2. Departments of Natural Resources and Environment inform the decisions on handling for the establishments causing environmental pollution, causing serious environmental pollution in the areas to the commune-level and district-level People's Committees where the establishments causing environmental pollution, causing serious environmental pollution are situated and publicize for people to know to jointly inspect and supervise the implementation.

3. Department of Environmental Protection synthesizes, tracks, inspects the classification of the establishments causing environmental pollution, causing serious environmental pollution in this Circular; publicizes in the mass media the establishments causing serious environmental pollution as prescribed at Point d, Clause 1 of Article 104 of the Law on Environmental Protection.

4. In the process of implementation, if any problems arise, the ministries, branches and People's Committees of provinces and cities directly under the Central Government, the Departments of Natural Resources and Environment and other concerned organizations and individuals promptly report to the Ministry of Natural Resources and Environment for review and adjustment.

MINISTER




Mai Ai Truc

APPENDIX

TABLE OF , WASTE
(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)

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Types of establishments

Main environmental parameters

Noise, vibration

Waste water

Waste gas

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Industry

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01

Establishments of textile, garment

- Establishments of textile

Color, COD, heavy metals, suspended solids

SO2CO, Clo dust, H2S

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- Establishments of garment

Suspended solids, surface-active substances, BOD5, COD

Dust, Clo, SO2

02

Establishments of producing food, beverages

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BOD5, total nitrogen, total phosphorus, ammonia, coliform

Dust, SO2, CO, NOx

- Establishments of producing wine, beer

BOD5, total nitrogen, total phosphorus, ammonia, suspended solids, coliform

Dust, SO2, CO, NOx

- Establishments of producing milk

BOD5, total nitrogen, total phosphorus, ammonia, suspended solids, coliform

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- Establishments of producing canned food

BOD5, COD, suspended solids, coliform, total nitrogen, total phosphorus

Dust, SO2, CO, NOx, H2S

03

Mining establishments

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- Establishments of  mining construction materials

Suspended solids

Dust, SO2, NO2, CO

Noise, vibration

- Establishments of  mining metal minerals

Heavy metals, mineral oil and grease, suspended solids, cyanide

Dust, SO2, NO2, CO, metal Dust

Noise, vibration

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Heavy metals, mineral oil and grease, suspended solids, cyanide, COD

Dust, SO2, NO2, CO, H2S

Noise, vibration

- Establishments of  mining crude oil and natural gas

Heavy metals, mineral oil and grease, suspended solids, cyanide, BOD5, COD, Phenol

Dust, SO2, NO2, CO

Noise, vibration

04

Establishments of producing products from metal

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- Mechanical, metallurgical Establishments

Heavy metals, mineral oil and grease, suspended solids, cyanide

SO2, CO, NOx, Dust, typical heavy metals in emissions

Noise, vibration

- Establishments of manufacturing machinery, equipment

Heavy metals, mineral oil and grease, suspended solids, cyanide

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Noise, vibration

- Metal recycling establishments

COD, BOD5, suspended solids, mineral oil and grease, heavy metals

Dust, SO2, CO, NOx, copper dust, lead dust

- Metal plating establishments

The plated metal, heavy metals, COD, used chemicals

Concern gas, toxic gas

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Heavy metals, mineral oil and grease, suspended solids

typical organic solvents gas

05

Leather processing establishments

BOD5, COD, suspended solids, chromium (VI), animal, vegetable oils, sulfur

Dust, SO2, CO, NOx, ammonium, H2S

06

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BOD5, COD, suspended solids, color, sulfur, temperature

Dust, SO2, CO, NOx, Clo, ammonium, H2S

Noise, vibration

07

Chemical of producing chemicals

BOD5, COD, heavy metals and typical chemicals

SO2, NOx, H2S,  ammonium, typical chemicals content in waste gas

Noise, vibration

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Suspended solids, ammonium, fluoride, mineral oil and grease, arsenic, odor, phenol, total nitrogen

ammonium, NOx

Noise, vibration

- Phosphate fertilizer producing establishments

Total phosphorus, suspended solids, fluoride, odor

CO, SO2

Noise, vibration

- Petrochemical refining establishments

COD, suspended solids, phenols

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Noise

- Petroleum storage

COD, suspended solids, mineral oil and grease

NOx, TOC, the typical volatile organic compounds

- Establishments of producing petrochemical products (surface active agents, plasticizers, methanol)

COD, temperature, suspended solids

Orgarnic gas, dust

Noise

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COD, suspended solids

Orgarnic gas, dust

Noise

- Establishments of producing detergents, additives

suspended solids, COD, BOD5

Orgarnic gas, dust

Noise

- Establishments of producing pharmaceutical product, traditional drugs, cosmetics

COD, BOD5, suspended solids, total nitrogen, total phosphorus

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Noise

- Establishments of processing plastic, waste plastic

COD, BOD5, suspended solids, total nitrogen, total phosphorus, coliform

Dust, orgarnic gas, SO2, CO, NOx

08

Establishments of processing rubber, rubber latex

BOD5, COD, total nitrogen, ammonia, suspended solids, odor

Dust, SO2, NO2, CO, Clo, amonia, H2S

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Establishments of producing shoes, vulcanized rubber, tires of automobile, tractor

COD, BOD5, suspended solids

Dust, H2S, SOx, CO

09

Establishments of producing glass

suspended solids

Dust, SO2, CO, NOx, HF

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10

Establishments of producing ceramic

Heavy metals, turbidity, temperature, suspended solids, fluoride

Dust, SO2, CO, NOx, HF

11

Establishments of producing tobacco

COD, suspended solids

Dust, orgarnic gas, SO2, CO

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12

Establishments of producing power:

- Establishments of producing electricity by thermal power, hydropower

Suspended solids, COD, heavy metals

Dust, SO2, CO, NOx

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- Establishments of producing battery

COD, heavy metals, suspended solids

Dust, SO2, COx, metal gas

13

Establishments of producing resin, packaging, printing, manufacturing light bulbs, filter, processing alcohol

COD, suspended solids

SOx, orgarnic gas, alcohol solvent

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II

Agricultural sector

14

Establishments of processing agricultural products

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- Establishments of processing sugarcane

COD, BOD5, suspended solids, sulfur, caliform, temperature, total phosphorus

Dust, SO2, CO, NOx, H2S

- Establishments of processing coffee

COD, BOD5, suspended solids, caliform

Dust, SO2, CO, NOx, NH3

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BOD5, COD, suspended solids, caliform, cyanide, ammonia, total residual CL nitrogen, total phosphorus, sulfur, smell

Dust, SO2, CO, NOx, ammonium, H2S

Establishments of processing cashew

COD, BOD5, phenol

Dust, SO2, CO, phenol

- Establishments of processing vegetable, nuts

COD, BOD5, suspended solids

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- Establishments of processing sodium glutamate

COD, BOD5, suspended solids

Dust, SOx, CO

- Establishments of processing agricultural products, grain

COD, BOD5, suspended solids

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BOD5, COD, suspended solids, sulfur, colifrom, total nitrogen, total phosphorus, ammonium

Dust, SO2, CO, NOx, H2S, CH4, NH3

- Establishments of slaughtering cattle and poultry

BOD5, suspended solids, colifrom, color, total nitrogen, total phosphorus

Dust, SO2, COx, smell (NH3, H2S)

15

Establishments of livestock husbandry, focus breeding farms

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Dust, SO2, CO, NOx, H2S, NH3

16

Establishment of processing bamboo and rattan, wood impregnated with chemicals

BOD5, COD, suspended solids, phenols

Dust, SO2, NOx, orgarnic solvent

17

Establishment of producing handicrafts

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Dust, SO2, solvent gas

18

Storage of plant protection drugs, plant protection drugs

Organophosphate, organochlorine, phenol

Organophosphate, organochlorine

III

Construction sector

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19

Establishment of treatment, processing of waste

BOD5, COD, total nitrogen, total phosphorus, colifrom, suspended solids, turbidity

Dust, SO2, CO, NOx, H2S

20

Establishment of domestic and industrial wastewater concentration treatment

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Smell

Noise, vibration

21

Establishments of producing construction materials: bricks, cement, tile, stone cutting

Suspended solids, heavy metals, turbidity

Dust, SO2, CO, NOx, HF

IV

Fishery sector

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22

Aquaculture establishments

BOD5, COD, total nitrogen, total phosphorus, colifrom, suspended solids, ammonium

Smell (orgarnic), ammonium

23

Establishments of seafood processing

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Dust, SO2, CO, NOx, ammonium, H2S

Noise

V

Health sector

24

Hospitals, medical centers, the care, nursing areas

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Dust, SO2, CO, NOx, dioxin

VI

Transport sector

25

Establishments of repairing and building ships

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Dust, metal dust, alkaline gas, acid gas, SO2, CO, NOx

Tiếng ồn,
độ rung

26

River and sea ports

BOD5, heavy metals, mineral oil and grease, colifrom

Dust, SO2, CO, NOx

27

The establishments of ship dismantling

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Dust, metal dust, SO2, CO, NOx

Noise, vibration

28

Factory of manufacturing car motocycles

BOD5, COD, heavy metals, mineral oil and grease, colifrom

Dust, metal dust, SO2, CO, NOx

29

The establishments of cleaning, washing oil tankers

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VII

Tourism sector

30

Restaurants and hotels

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Dust, temperature

Note: The hazardous environmental parameters specified in the Decision No.23/2006/QD-BTNMT on 26/12/2006 of the Minister of Natural Resources and Environment promulgating the list of hazardous waste, Vietnam Standard TCVN 6706:2000 for hazardous waste - classification; National Standard TCVN 7629:2007 for the hazardous waste threshold. 

Form No.1

(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)

PEOPLE’S COMMITTEE OF PROVINCE/CITY ….
DEPARTMENT OF NATURAL RESOURCE AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Year 20….

(Enclosed with the Report No. ……/………. date…… month…..year 20 of Department of Natural Resource and Environment)

No.

Names of the establishments

Addresses

Directly managing agencies

Agencies approving EIA report or registration for commitment of environmental protection

Reasons of including in the list 1

Proposal for time to handle

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DIRECTOR

(Signature and stamp)

1 Compare with the criteria which have been defined

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(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)

PEOPLE’S COMMITTEE OF PROVINCE/CITY ….
DEPARTMENT OF NATURAL RESOURCE AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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LIST OF THE ESTABLISHMENTS CAUSING SERIOUS ENVIRONMENTAL POLLUTION

Year 20….

(Enclosed with the Report No. ……/………. date…… month…..year 20 of Department of Natural Resource and Environment)

No.

Names of the establishments

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Directly managing agencies

Agencies approving EIA report or registration for commitment of environmental protection

Reasons of including in the list 1

Proposal for time to handle

Proposal for measure of handling

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(Signature and stamp)

1 Compare with the criteria which have been defined

Form No.3

(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)

PEOPLE’S COMMITTEE OF PROVINCE/CITY ….
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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(Enclosed with the Report No. ……/………. date…… month…..year 20 of the People’s Committee of province/City)

No.

Names of the establishments

Addresses

Directly managing agencies

Agencies approving EIA report or registration for commitment of environmental protection

Reasons of including in the list 1

Proposal for time to handle

Proposal for measure of handling

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PRESIDENT

(Signature and stamp)

1 Compare with the criteria which have been defined

Form No.4

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MINISTRY OF NATIONAL DEFENSE/MINISTRY
OF PUBLIC SECURITY
GENERAL DEPARTMENT/DEPARTMENT………..

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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LIST OF THE ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION IN 20…

(Enclosed with the Report No. ……/………. date…… month…..year 20 of General Department/Department …..)

No.

Names of the establishments

Addresses

Directly managing agencies

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Reasons of including in the list 1

Proposal for time to handle

Proposal for measure of handling

1

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2

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GENERAL DIRECTOR/DIRECTOR

(Signature and stamp)

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1 Compare with the criteria which have been defined

Form No.5

(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)

MINISTRY OF NATIONAL DEFENSE/MINISTRY
OF PUBLIC SECURITY
GENERAL DEPARTMENT/DEPARTMENT………..
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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LIST OF THE ESTABLISHMENTS CAUSING SERIOUS ENVIRONMENTAL POLLUTION IN 20…

(Enclosed with the Report No. ……/………. date…… month…..year 20 of General Department/Department …..)

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Names of the establishments

Addresses

Directly managing agencies

Agencies approving EIA report or registration for commitment of environmental protection

Reasons of including in the list 1

Proposal for time to handle

Proposal for measure of handling

1

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2

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3

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GENERAL DIRECTOR/DIRECTOR

(Signature and stamp)

1 Compare with the criteria which have been defined

Form No.6

(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)

MINISTRY OF NATIONAL DEFENSE/MINISTRY
OF PUBLIC SECURITY
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LIST OF THE ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION IN 20… REQUESTED TO THE PRIME MINISTER FOR HANDLING

(Enclosed with the Report No. ……/………. date…… month…..year 20 of Ministry of National Defense/Ministry
of Public Security)

No.

Names of the establishments

Addresses

Directly managing agencies

Agencies approving EIA report or registration for commitment of environmental protection

Reasons of including in the list 1

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Proposal for measure of handling

1

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3

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MINISTER

(Signature and stamp)

1 Compare with the criteria which have been defined