Circular No. 04/2008/TT-BTNMT guiding the formulation and approval or certification of environmental protection schemes and the examination and inspection of implementation of environmental protection schemes

Issue nos09-1 OJSeptember 2008 (Cong Bao nos 557-5601October~. 2008) 19 IMPLEMENTATION OF ENVIRON MENTAL PROTECTION SCHEMES Pursuant to the November 29, 2005 Law on EnvironmentalProtection; Pursuant to the Government's Decree No. 2512008IND-CP ofMarch 1, 2008, defining the Junctions. tasks, powers and organizational structureojthe Ministry ofNatural Resources fwd Pnvirnnm<l?tlt; Pursuant to the Government s Decree No. 2112008/ND-CP of February 28~ 2008, amending and supplementing a number of articles of the Government's Decree No. 801 2006/ND-CP ofAugust 9,2006, whfff/l details and guides the implementation ofa number of articles of the Law on Environmental Protection, THE MINISTRY OF NATURAL RESQURCES AND ENVIRONMENT CIRCULAR No. 0412008JTT.BTNMT OF SEPTEMDER 18, 2008, GUIDING THE FORMIJLATION AND APPROVAL OR CERTIFICATION OFENVIRONMENTAL PROT£CTION SCHEMES AND TIlE EXAMINATION AND INSPECTION OF The Ministry of Natural ReSOUFces and Environment guides the formulation, approval or certification of environmental protection schemes and the examination and inspection ofimplementation ofenvironmental protection schemes as foliows: I. GENERAL PROVISIONS 1, Scope and subjects of application al This Circular guides in detail the rUrJllulalion, approval or certification of environmental protection schemes; the examination and inspection of implementation of environmental protection .:ldlt:ult::~ aud ihe certification of completion of the contents of e VIETNAMlAW & LEGAt F 20 OFFICIAL GAZETTE Issue nos 09-1 OfSeptember 2008 (Cong Baanos 557-56010ctober6, 2008) environmental protection schemes for production, business or service zones and production, business or service establishments (below collectively referred to as production, business or service establishments and zones), which possess no deci si on s approvi ng environmental impact assessment reports or written certifications of the registration of sati sfacti on of environmental standards specified in Clause 9, Article 1 of the Government's Decree No. 21120081ND-CP of February 28, 2008, amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 9, 2()()6, wnrcn details and guides the implementation of a number of articles of the Law on Environmental Protection (below referred to as Decree No. 2112008fND-CP). b/This Circular appl ies to state agencies; and domestic and foreign organizations and individuals that are owners of production, business or service establishments and zones (below collectively referred to as organizations and individuals) engaged in actrvrties related to the contents specified at Point a of this Section. 2. Application of environmental standards and technical regulations WIIl::::u formulating environmental protection schemes, organizations and individuals shall apply national environmental standards and technical regulations (Vietnam's compulsory environmental standards), local environmental technical regulations and other regulations in treaties to which Vietnam is a contracting parry. II.FORMULATIONAND APPROVAL OR CERTIFICATION OFENVIRONMENTAL PROTECTIONSCHEMES 1. Formulation ofenvironmental protection schemes Organizations and individuals defined at Point 1, f'lallse 9. Articll" 1 of Decree No. 21/ 2008/ND-CP shall formulate environmental protection schemes for their production, business or service activities and submit them to environmental protection state management agencies defined in this Circular for approval or certification. Environmental protection schemes specified at Points 3 and 4, Clause 9, Article I ofDecree N n ? I /?:OORINO-CP sha11 he expressed in accordance with the required structures and contents specified in Appendices 1 and 2 to this Circular (not printed herein). Mining establishments are required to formulate environmental rehabilitation and restoration projects under the Primp. Minister's Decision No. 71/2008/QD-TTg of May 29, 2008, on making of deposits for environmental reh ahil itation and restoration in mining activities. 2. Dossiers of application for approval or certification ot environmental protection schemes 2.1. Dossiers of application for approval of environmental protection schemes The number of documents in and form of a dossier of application for the approval of an e VIETNAM LAW & LEGAL FORUM Issue nos 09-10fSeptember 2008 (Gong Ban n(l~ Fli7...'iFIJ/Or;lnM, 6, ?008) OFFICIAL GAZETTE 21 environmental protection scheme are specified :-IS follows: at One (0 I) written application for the approval of the scheme, made by an organization or individual according to the fOI Jll set in Appendix 3 to this Circular (not printed herein). bl Seven (07) copies Of the scheme bound in volume, with its cover and supplementary cover made according to the form set in Appendi .... 4 tv this Circular (not primed herein), and with the organization's or individual's signature and full name and title, and stamp appended on the supplementary cover. If a production, business or service establishment or zone is located in two (02) or more provinces or centrally run cities (below collectively referred to as provinces), the number of copies of the environmental protection scheme shall be added corresponding to the number of provinces directly affected by wastes for comments as provided for at Point 2, Clause 9, Article 1 of De£-l1;C Nv. 2112008/ ND-CP. clOne (O1) copy of one of the following papers: business registration ceruticate , investment license, investment certificate; mining license or license for other activities, granted LJy d corupetern slate agency; dI One (01) copy of the econo-technical report or feasibility study report or the investment project already approved by a competent agency (ifany), 2.2. Dossiers ofapplication for certification of environmental protection schemes The number of documents inand form of a dossier ofapplication for the certification ofan environmental protection scheme are specified as follows: al Om: (01) wriuen appltcauon for the certification of the scheme, made by an organization or individual according to the form set in Appendix 3 to t)ll5 Ciicula: (not primed herein). bl Three (03) copies of the scheme bound in vol ume, with its cover and supplementary cover made according to the form set in Appendix 4 to this Circular (not printed herein}; and with the organlzauon's or individual's signature and full name and title, and stamp appended on the supplementary cover. If a production, business or service establishment or zone is located in two (O2)or more districts.. provincial towns or cities (below collectively referred to as districts), the number of copies of the environmental protection scheme shall be added corresponding to the number of disrricrs directly arrectec by wastes for comments as provided for at Point 2, Clause 9, Article 1 of Decree No. 21120081ND-CP. clOne (01) copy of one of the.following papers: business registration certificate, investment license, investment certificate; mining license or license for other activities, granted by a competent state agency; dI One (Ol) copy of the econo-technical report or feasibility study report or the investment project already approved by a competent agency (if any). 3. Approval or certification of environ © VIETNAM LAW & LEGAL FORUM 22 CiFFfCIAi~ GAZEFE Issue nos Q9.10ISeptember 2008 (GOng 8.10 nos 557.J6OIOctober B. 2008)------'---------'-'---------- ----,. ,-.,---,--- -- . ,.-- , ,-.--~-----,.-. .. , .. mental protection schemes 3.1. Agencies approving or c erti fying environmental protection schemes aJ Provincial-level environmental protection agencies (provincial-level Natural Resources and Environment Services) shall receive dossiers and approve environmental protection schemes for production, business or service establishments and zones of a nature and size corresponding to those required to make environmental impact assessment reports. bl District-level environrnenta! protection agencies (district-level Natural Resources and Environmem Sections) shall receive dossiers and certify environmental protection schemes for produc tion, busine ss or serv ice cstablisluueuts and zones in their localities, except these specified at Item a of this Point. e! Management Boards of industrial parks, export-processing zones or economic zones (below referred to as Management Boards) set up under the Government's Decree No. 291 2008IND~CP of March 14, 2008, on industrial parks, export-processing zones and economic zones, which have their environmental protec liull di ... is ions set up under the Government's Decree No. 8112007/ND-CP of May 23, 2007, providing for environmental protection organizations and divisions at state agencies and state enterprises, may approve or certify environmental protection schemes for production, business or service establishments operating in industrial parks, export-processing zones or economic zones. l.VEnvironmental protection agencies under the Ministry of Defense and the Ministry of Public Security shall receive dossiers and approve or certify environmental protection schemes for production, business or service establishments and zones in the defense and security domains. For establishments operating in two (02) or more provinces Of two (O?) or more district!', provincial-le vel Natural Resources and Environment Services or district-level Natural Resources and Environment Sections of the localities where the environment is most adversely affected by the operation of these establishments or where the establishments' wastes are first gathered shall receive dossiers and approve orcertify en vironmental protection schemes, In case the establishments' operation causes the same negative impact on the environment in some localities, organizations or individuals may select one of those localities to have their environmental protection schemes approved or certified. 3 7 Env.ironrnerita l pfntp,c.tion soherne., approving order and procedures aJ Dossiers of application for the approval orenvironmental protection schemes specified at Point 2.1,Clause 2, Section II of this Circular shall be submitted to agencies competent to approve environmental protection schemes. If dossiers are invalid or incomplete, within three (03) working days after receiving the dossiers, the approving agencies shall notify in writing organizations or indi viduals thereof for dossier modification or supplementation. bl After receiving valid dossiers, agencies e VIETNAM LAW &LEGAL FORUM IsgmIlQ$ Q9.1O/September 2008 (eono Baonos 557-56OtOctober6, 2(08) .. :.j..... , ..,. ... 23 approving environmental protection schemes shall consider the dossiers and set up teams for on-site inspection of environmental protection at production, business or service establishments and zones. Such a team is composed of representali ves of the provincial level Natural Resources and Environment Service, the Management Board (for production, business or service establishments in industrial parks, export-processing zones or economic zones), the district-level Natural Resources and Environment Section under the district-level People's Committee of the locality where production, business or service establishments and zones are operating, and some environmental experts. When necessary, representatives of the concerned provincial agencies, departments and branches may be invited to join the learn. Inspection results shall be recorded in writing with signatures of the participants. Decisions to set up inspection teams and inspection records shall be made according to the forms set inAppendices 5 and 6 to this Circular (not printed herein). In the course of inspection, if finding that organizations' or individuals' data analyzing environmental parameters in wastes are unreliable, the approving agencies shall take and analyze waste samples for control as a basis to decide on handling measures in accordance with the law on environmental protecti.on. Funds for organizing inspections and taking and analyzing waste samples tor control (if any) comply with current regulations. Results of the inspection of environmental protection at production, business or service establishments and zones serve as a basis for competent agencies 10 approve environmental protection schemes. In case environmental protection schemes need to be supplemented or completed, organizations and individuals shall modify them based on conclusions made by inspection teams. The time of completing an environmental protection scheme is not included in the time limi t for its approval. The number ofcompleted environmental protection schemes to he submitted toapproving agencies includes three (03) copies, for estab iishments outside industrial parks, export-processing zones or economic zones, or four (04) copies, for establishments in industrial parks, export processing zones or economic zones, enclosed with one (01) copy recorded ina compact disk. c/ The time limit for approving an environmental protection scheme of an organization or individual is twenty (20) working days; or twenty-five (25) working days, ifwaste samples must be takenforanalysis and control. In case an environmental protection scheme must he consulted under Point ?, Clause 9, Article 1 of Decree No. 21/2008/ND-CP, the approval time limit may be extended for seven (07) working days. Natural Resources and Environment Services of the provinces directly affected by wastes of production, business or service establishments and zones shall give written replies within five (05) working days after rece i vi ng consultati on -gathering documents of approving agencies. Consulted agencies whichgive no replies shall be regarded ©VIETNAM 24 as agreeing with environmental protection schemes. Docu-ments gathering and giving consultations on environmental protection schemes shall be made according to the forms set in Appendices 7 and 8 to this Circular (not printed herein). Natural Resources and Environment Service" of consulted provinces which send their officials to inspection teams are not required to give written consultations. The approval of environmental protection schemes of organizations and individuals operating in industrial parks, export-processing zones or economic zones or of defense and security establishments is not subject to consultation of other relevant provincial-level professional agencies incharge ofenvironmental protection. dt Heads of agencies approving environmental protection schemes shall issue decisions approving environmental protection schemes according to the form set in Appendix 9 to this Circular (not printed herein). eI After an environmemal protection scheme is approved, the approving agency shall sign and append a certification stamp on the back side of the supplementary cover of each copy of the environmental protection scheme according to the form set in Section 10.1 of Appendix 10 to this Circular (not printed herein); and concurrently send the approved scheme enclosed with the scheme-approving decision to the organization or individual for implementation. For establishments in industrial parks, export-processing zones 01 economic zones, the Issue nos 09-1 O/September 2008 rC6n.q Bao nos 557-56OJOctober 6, 2008) approving agency shall send one (01) copy of the environmental protection scheme to the provincia I-Ieve1 Natural Resources and Environment Service. 3.3. Environmental protection scheme certifying order and procedures atDossiers of application for the certification of environmental protection schemes specified at Point 2.2, Clause 2, Section II of this Circular shall be submitted to agencies with certifying competence. In case dossiers ale iuvalul oi incomplete, within three (03) working days after receiving the dossiers, the certifying agencies shall notify in writing organizations or individuals thereof for dossier modification or supplementation. bl After receiving a valid dossier, the certifying agency shall conduct on-site inspecti on with the participation of representati yes uf till:: disu ict-level Natural Resources and Environment Section, the Management Board (for production, business or service cstahliehrncnte in industrial parks, export-processing zones or economic zones) and some environmental experts. When necessary, repre5entatives of concerned provincial and district agencies, departments and branches may be invited to join the inspection team. Inspection rasulrs ~h311 he recorded in writing with signatures of the participants. Inspection records shall be made according to the form set in Appendix 6 to this Circular (not printed herein). In the course of inspection, if finding that organizations' or individuals' data analyzing Issue nos 09·1 OlSeptember 2008 (Gong Bao (lOS 557 5S0/0t;t0b0r 6, 2008) environmental parameters in wastes are unreliable, the certifying agencies shall take and analyze waste samples for control as a basis to decide on handling measures in accordance with the law on environmental protection. Funds for organizing inspections and taking and analyzing waste samples for control (if any) comply with current re.gulations. Results of the inspection of environmental protection at production, business or service cstabl ishrncnts and zones serve as a basis for competent agencies to certify environmental protection schemes. In case environmentat proreeuon schemes need to be supplemented or completed, organizations and individuals shall modi fy them based ou couclusious uf inspection teams. The time ofcompleting an environmental protection scheme is not included in the certification time limit. The number of completed environmental protection schemes to be submitted to certifying agencies includes three (03) copies, for estcblishmenta outside industrial parks, export processing zones or economic zones, or four (04) copies, for establishments in industrial parks, export-processing zones or economic zones, enclosed with one (01) copy recorded in a compact disk. e-/ The time Iimit for certi Iy ing <III environmental protection scheme of an organization or individual is fifteen (15) working duys ; or twenty (20) working days, if waste samples must be taken for analysis and control. In case an en vironmen tal protection scheme must be consulted under Poim 2, Clause 9, Article 1 of Decree No. 21/20081ND~CP, the time limit for certification may be extended fUI five (05) working days. Natural Resources and Environment Sections of the districts directly affected by wastes of production, business or service establishments and zones shall give written replies within three (03) working days after re ce i ving c o n s u Itation-guthcring documents of certifying agencies. Consulted agencies which give no replies shall be regarded as agreeing with environmental protection schemes. Documents gathering and giving consultations on environmental protection c;~hE'mes "hall be made according to the forms set in Appendices 7 and 8 to this Circular (not printed herein). N atural Rc sources and En vhUll !UCH L Sections of the consulted districts, which send their officials to inspection teams, are not required to give written consultations. The certification of environmental protection schemes of organizations and individuals operating in indm.tcial parks, export-processing zones or economic zones or of defense and security establishments is not subject to consultation of other relevant district-level professional agencies m charge of environmental protection. dl Heads of agcuc rcs cer tif'y iug environmental protection schemes shall issue written certifications of the registration of environmental protection schemes according to the form set inAppendix 11 to this Circular (not printed herein). eI Arter an environmental protection scheme e VIETNAM &LtGAl FOR Issue nos Q9..1QISepterrtber 2008 (GOng Baonos 557-560/0clober6, 2008)--- .------,--- ., .. . . ,--- .--. ---. -- .. --- .-.. . ..- .. ...... - ... . - .... ..... --" " is certified, the certifying agency shaH sign and append a certification stamp on the back side of the supplementary cover of each copy of the environmental protection scheme according to the form set in Section 10.2of Appendix 10 to this Circular (not primed herein); and concurrently send the certified scheme enclosed with the written certification of the registration of the scheme to the organization or individual for implementation. Forcateblishments in industrial parks, export processtng zones or economic zones, the certifying agency shall send one (01) copy of the environmental protection scheme to the district level Natural Resources and Environment Section. III. RESPONSIBILITY OF PRODUCTION, BUSINESS OR SERVICE ESTABLISHMENT AND ZONE OWNERS TO IMPLEMENT ENVIRONMENTAL PROTECTION SCHEMES 1.Afterenvironmental protection schemes are approved or certified, organizations and individuak sha II seriously rake environmental protection measures under environmental protection schemes and competent state agencies' approving decisions or written certifications. The deadline for completing waste treatment and environmental protection works is December 31, 2009. While implementing the contents and requirements of approved or certified euviromucntal protection schemes, organizations and individuals shaH cakemeasures to minimize the discharge of pollutants into the environment. Organizations or indi viduals that viol ate envirorunental protection regulations shall be handled in accordance with law; those causing environmental pollution, degradation or damage or economic losses shall tackle the pollution, restore the environment and pay damages according to law. 2. Within fifteen (15) working days after completing environmental protection measures under the approved or certified environmental protection schemes, organizations and individuals shall report in writing on the completed contents to approving or certifying agencies for inspection or certification. The number and form of a dossier of application for the certification of completion of the contents in an approved or certified environmental protection scheme are specified as follows: alOne (01) written application for the cerrificati on of completion of the scheme. made by an organization or individual according to the form set in Appendix 12 to this Circular (not printed herein). bl Three (03) reports on completion of the contents and requirements of the approved or certifipA s:chp~, mnt-le according to the form set in Appendix 13 to this Circular (not printed herein). cI Three (03) sets of the results of sample analysis of wastes treated up to technical regulations on waste, observed by the organization or individual that shal l take e YJETNAII LAW &LEGAl FORUM Issue nos 09-1 O&ptember 2008 (Cong Bao nos 55T~56010r:irJI:r9r 6, 2rXJ8) 27 responsibility before law for the accuracy of such results. Organizations which have designed, built and installed waste treatment and environmental protection works or work items for production, business or service establishments and zones may not take and analyze treated waste samples for such works or work items. Funds for taking samples and analyzing environmental parameters in treated waste>: shall be paid by production, business or service establishments and zones, IV. RESPONsmILITYTO EXAMINE, INSPECT, AND CERTIFY COMPLETION OF, CONTENTS OF ENVIRONMENTAL PROTRCTTON SCHF."MES 1. Examination and inspection of the implementation of environmental protection schemes aJ Provincial-level Natural Resources and Envrronment Services shall examine and inspect the environmental protection by production, business or service establishments and zones afler rheir environmental prorecnon schemes are approved. bl District-level People's Committees shall examine and inspect the environmental protection by production, business or service establishments and zones after their environmental protection schemes are certified. District-Ievel Natural Resources and Environment Sections shall assist district-level People's Committees in examining and supervising the implementation of contents of certified environmental protection schemes in their localities. cI Management Boards shall assume the prime responsibility fur, and coordinate with environmental protection agencies at all levels in, examining and inspecting according to law the environmental protection by production, business or service establishments operating in industrial parks, export-processing zones and economic zones after their environmental protection schemes are approved or certified. dl Agencies tasked by the Ministry of Defense UI the Ministry of Public Security to approve or certify environmental protection schemes shall examine and inspect the environmental protection by product.lou, business or service establishments and zones in the defense and security domains. el The environmental protection examination and inspection comply with the Law on Environmental Protection and the law on examination and inspection. 2. Agencies certifying the completion of contents of approved or certified environmental protection schemes Agencies approving or certifying environmental protection schemes shall consider schemes and certify the completion of contents of approved or certified environmental protection schemes. 3. Order of and procedures for certification of completion of environmental protection measures under approved or certified e VIETNAM LAW & LEGAL FORUM ; 28 C)f'F:CIA~ c..~ZEnE Issue nos 09·10ISeptember 2008 (Cdng BaD nos 557-56OKJctober 6. 2008) environmental protection schemes at Agenc ie s approving or ecru (y ing environmental protection schemes shall receive organizati ons' or individual s' dossiers of application [UI the; certification of completion of contents of approved or certified environmental protection schemes under Clause 2, Section III of this Circular. If the dossiers are invalid or incomplete, within five (05) working days after receiving the dossiers, the approving or ccrtify'ing a.gencies shall guide the re compilation or supplementation of the dossiers. hi Within fifteen (15) working days after receiving valid dossiers, a~t;IIt;ic~appl oviug Of certifying environmental protection schemes shall conduct on-site inspections which are similar to that for the approval or certification of environmental protection schemes. cl Heads of agencies approving or certifying environmental protection schemes Shall issue 10 mgarnzationsor individualswritten certifications of completion of the contents of approved or certified environmental pnnectiou sclrernes. Written certifications of completion of environmental protection measures under approved or certitied environmental protection schemes shall be made according to the form set in Appendix 14 to this Circular (not printed herein) and sent to organizations, individuals and concerned agencies for implementation. V. HANDLING OF PROBLEMS 1. Owners of production, business or service cstablisluucnts and zones operating between after July 1,2006, and the effective date of this Circular, that fail tv comply with rcgulatiom on the formulation, evaluation and approval of environmental impact assessment reports or certifications of the rc giatr ati o n of environmental protection commitments shall abide by this Circular. 2. Organizations and individuals that are implementing environmental protection schemes under the guidance in this Circular are regarded as redressing their administrative violation acts of failing to formulate environmental impact assessment reports or to register environmental protection commitments under law. VI. ORGANIZATION OF IMPLEMENTATION 1. Ministries, ministerial-level agencies, government-attached agencies and concerned People's Committees at all levels shall organize the implementation of this Circular. 2. Provincial-level Natural Resources and Environment Services shall assume the prime responsibility for, and coordinate with Management Boards and district-level People's Committees in, scrutinizing and notifying production, business or service establishments and zones which operated before the effective date of this Circular without decisions approving environmental impact assessment reports, or certiticauons of the regtstrauon uf satisfaction of environmental standards or environmental protection commitments thereof for i mplemeutauou, VIETH ,. LAW & LEGAL F RUM Issue nos 09·1 a/September 2008 ((;fJnaBao nn.~ .ti.ti7-.lifiJlOr./nflf!r e. ')(J()R) 29 3. This Circular takes effect 15 days after its publication in "CONG BAO." 4. Ministries, branches, provincial-level People's Committees,environmental protection agencies at all levels, and concerned organizations and individuals should promptly report any problems arising in the course of implementation to the Ministry of Natural Resources and Environment for consideration and settlement. Minister of Natural Resources and Environment PHAM KHOI NGUYEN e VIETNAM LA: &LEGAl FORUM '