Abbreviations:
DOC - Department of Construction
DONRE - Department of Natural Resources and Environment GOV - Government of Vietnam
MOC - Ministry of Construction of Vietnam MOIT - Ministry of Industry and Trade of Vietnam
MOLISA - Ministry of Labour, War Invalids and Social Affairs of Vietnam NA - National Assembly of Vietnam
PC - People’s Committee
PM - Prime Minister of the Government
Employer permits, licences and consents No. Description Relevant
Authority
Legal Basis Approval of the basic design
of the Permanent Works
MOIT Decree 12/2009/ND-CP of the GOV dated 10 February 2009 (as amended)
Approval of Environment Impact Assessment Report for the Permanent Works
MONRE Decree 80/2006/ND-CP of the GOV dated 9 August 2006 (as amended).
Certificate of Land Use Right relating to the Permanent Works
Quang Ninh
DONRE and
Quang Ninh PC
Decree 88/2009/ND-CP of the GOV dated 19 October 2009
Contractor permits, licences and consents To include:
No. Description Relevant Authority
Legal Basis
Section I: Before construction
Construction permit Quang Ninh DOC
Decree 12/2009/ND-CP of the GOV dated 10 February 2009 (as amended)
Approval in respect of demolishing existing construction works on the Site
Quang Ninh PC Decree 12/2009/ND-CP of the GOV dated 10 February 2009 (as amended) and Circular 03/2009/ND-CP of the MOC dated 26 March 2009
Import permits (required for certain goods which are included in a list of imports requiring an import permit from MOIT or other Government Authorities)
MOIT or other Government Authorities
Decree 12 of the GOV dated 23 January 2006
Article 7.2(e) of Decision 87/2004/QĐ-TTg of the PM dated 19 May 2004
Permit or certificate of registration on temporary import for re-export of materials, machinery and construction equipment
MOIT Articles 7.2(e) and 13 of Decision 87/2004/QĐ-TTg of the PM dated 19 May 2004 Circular 15/2011/TT-BCT of the MOIT dated 30 March 2011
Certificate of quality inspection of certain imported goods (if the imported goods fall in the required list, such as special kinds of cement, steel, cable, etc.)
Quality
Inspection Body
Decision 50/QD-TTg of PM dated 7 March 2006
Article 8.1 of Decree 132/2008/ND-CP of the GOV dated 31 December 2008
Certificate on evaluation of safety of machinery, equipment, materials and substances which are subject to strict occupational safety requirements (e.g. boilers, pressure vessels, overhead cranes, etc.) (if any) from authorised inspection bodies
Safety Inspection Body
Article 7.2(k) of Decision 87/2004/QĐ-TTg of the PM dated 19 May 2004
Circular 32/2011/TT- BLDTBXH of the MOLISA dated 14 February 2011
Registration of any licence of industrial property rights, if required
NOIP Law on Intellectual Property of the NA dated 29 November 2005
Section II: During construction Approval of the MOIT as the authorized State body for any change in the technical design of the Permanent Works which is not consistent with the basic design of the Permanent Works
MOIT Article 31 of Decree
108/2009/ND-CP of the GOV dated 27 November 2009
Reporting to the MONRE on proposed plan of
construction of
environmental treatment facilities and submitting the detailed design dossier of the environment treatment facilities to the MONRE for monitoring and supervision.
MONRE Article 14 of Decree
80/2006/ND-CP of the GOV dated 9 August 2006 (as amended).
Permits for exploiting, utilizing water and/or discharging water into water sources (if applicable)
Quang Ninh PC Decree 149/2004/ND-CP of the GOV dated 27 July 2004 Circular 02/2005/TT-BTNMT of MONRE dated 24 June 2005
Permits for discharging water into irrigation facilities (if applicable)
Quang Ninh PC Decree 143/2003/ND-CP of the GOV dated 28 November 2003 (as amended)
Ordinance on Protection and Use of Irrigation Facilities of the Standing Committee of the National Assembly dated 4 April 2001
Registration or permits
for collection,
transportation, keeping, treatment or disposal of hazardous waste
Quang Ninh DONRE
Decree 80/2006/ND-CP of the GOV dated 9 August 2006 (as amended)
Circular 12/2006/TT- BLDTBXH of MONRE dated 26 December 2006
Permits for collection, transportation, keeping, treatment or disposal of solid waste (if applicable)
Quang Ninh DONRE
Decree 59/2007/ND-CP of the GOV dated 9 April 2007
Section III: After completing construction (a) Certificate of quality
conformity of the Work upon Completion, if required and (b) Certification of satisfaction of conditions on safe weight-bearing capacity, if required
Quality certification body
Circular 16/2008/TT-BXD of the MOC dated 11 September 2008
Amending certificate of Land Use Right relating to the Permanent Works to record the ownership of the Permanent Works on such certificate
Quang Ninh
DONRE and
Quang Ninh PC
Decree 88/2009/ND-CP of the GOV dated 19 October 2009
Certificates verifying that all requirements for environmental protection in the Environment Impact Assessment Report have been satisfied (conditions checked include gas and noise emission, solid waste and waste water discharge)
MONRE Article 23.1(dd) of the Law on Environmental Protection of the NA dated 29 November 2005
Decree 80/2006/ND-CP of the GOV dated 9 August 2006 (as amended)
Reporting on the quality of the works performed upon completion of construction
Quang Ninh DOC
Decree 209/2009/ND-CP of the GOV dated 16 December 2004 (as amended)
Circular 27/2009/TT-BXD of the MOC dated 31 July 2009
SCHEDULE 6