On December 19, 2023, Decision No. 29/2023/QD-TTg was announced, which regulates the documentation, procedures, and sequence for identifying investment projects using outdated technology, posing potential environmental pollution risks (Decision 29).
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- Investors submit a request dossier to determine the technology directly or via postal service or through the online public service portal to the competent authority as prescribed in Article 27 of Decree No. 31/2021/NĐ-CP (the competent authority).
- If the dossier is incomplete or invalid, the competent authority will return the dossier and provide detailed information on the documents that need to be amended or supplemented for the investor to complete the dossier. In case the investor submits the dossier directly at the one-stop department of the competent authority, the deadline for amendment or supplementation is 02 working days from the date of receiving the dossier.
- If the investor submits the dossier via the online public service portal or postal service, the competent authority will, within 02 working days from the date of receiving the dossier, send a document requesting amendment, supplementation, or completion of the dossier.
- Within 03 working days from the date of receiving the dossier that meets the conditions and validity, the competent authority will send a document to the environmental management agency and the corresponding specialized agency to seek coordinated opinions. If necessary, the competent authority will gather opinions from organizations, independent experts for consultation on professional matters and determination of technology for the investment project.
- Within 15 working days, the agency with coordinating opinions, organizations, independent experts send written opinions to the competent authority. Within 05 working days from the date of receiving sufficient opinions, the competent authority will have written opinions to determine the technology for the investment project.
- For investment projects with large scale and complex technology, the competent authority may decide to establish a scientific and technological advisory council to conduct field surveys at the investment project site to determine the technology.
- The scientific and technological advisory council includes key members and experts with appropriate expertise in machinery, equipment, and technological chains that need to be assessed. This council operates under the principles of democracy, objectivity, honesty, and is responsible to the law and the establishing authority regarding consultation content and recommendations.
- The certification of appraisal is issued by designated appraisal organizations, registered with the competent authority, and valid for 12 months from the date of issuance.
Decision 29 takes effect from February 15, 2024.
* This newsletter is for the purpose of providing information about new legal regulations, not for consultation or application for specific cases.
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