Circular No. 32/2015/TT- BGTVT on environmental protection in transport infrastructure development

4 THE MINISTRY OF TRANSPORT No. 32/2015/TT- BGTVT OFFICIAL GAZETTE Issue nos 01-03/September 2015 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, July 24, 2015 CIRCULAR On environmental protection in transport infrastructure development<*J Pursuant to June 23, 2014 Environmental Protection Law No. 55/2014/QH13; Pursuant to June 18, 2014 Construction Law No. 50/2014/QH13; Pursuant to the Government's Decree No. 107/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Transport; Pursuant to the Government's Decree No. 18/2015/ND-CP of February 14, 2015, on environmental protection master plans, strategic environmental assessment, environmental impact assessment, and environmental protection plans; At the proposal of the Director of the Environment Department, The Minister a/Transport prescribes environmental protection in transport infrastructure development. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation and subjects of application 1. This Circular prescribes environmental protection in transpo1t infrastructure development. 2. This Circular applies to agencies, organizations and individuals involved in transpo1t infrastmcture development. Article 2. Interpretation of te1ms In this Circular, the te1ms below are construed as follows: l . Environmental protection means activities to preserve a healthy, clean and beautiful environment; to prevent and mitigate adverse impacts of construction activities on the environment and respond to enviromnental incidents; to remedy enviromnental pollution and degradation; restore and improve the enviromnent; to rationally and efficiently exploit and use natural resources; and to conserve bio-diversity in transpo1t infrastrncture development activities. 2. Environmental report means a document made to provide info1mation on statistics and data on natural environment elements, reserves and ecological and economic values of natural resources; on environmental impacts; on waste and environmental pollution and degradation degrees; and on other environmental issues prompted by transpo1t infrastr11cture constrnction. 3. Project owner means an agency or organization responsible for implementing regulations on investinent and investment project management in accordance with the laws on investment and constr11ction. Project owners include: C-J Cong Bao Nos 953-954 (29/8/2015) © Vietnam Law and Legal F ornm Issue nos 01-03/September 2015 OFFICIAL GAZETTE 5 a/ Agencies or organizations assigned by state management agencies to act as project owners or representatives of project owners of transpo1t infrastrncture constrnction investment projects; b/ Investors or project enterprises singing transp01t infrastrncture construction investment projects under the public private pa1tnership with competent state agencies. Chapter II ENVIRONMENTAL PROTECTION IN TRANSPORT DEVELOPMENT STRATEGIES, MASTER PLANS AND PLANS Article 3. Strategic environmental assessment 1. An agency in charge of developing or adjusting a transpo1t development strategy, master plan or plan (below refened to as planning agency) shall conduct strategic enviromnental assessment (SEA) in accordance with A1ticle 8 of the Government's Decree No. 18/2015/ND­ CP of Febrnaiy 14, 2015, on environmental protection master plans, strategic environmental assessment, environmental impact assessment and environmental protection plans (below refened to as Decree No. 18/2015/ND-CP), simultaneously with the making or adjustment of that strategy, master plan or plan. 2. The fonn, strncture and contents of a SEArepo1tmust comply with Appendices 1.2 and 1.3 to the Natural Resources and Environment Minister's Circular No. 27/2015/TT-BTNMT of May 29, 2015, on strategic enviromnental assessment, environmental impact assessment and environmental protection plans (below refened to as Circular No. 27/2015/TT-BTNMT) . 3. Planning agencies conducting SEA and consultancy organizations hired to conduct SEA must fully satisfy the conditions prescribed in Alticle 9 of Decree No. 18/2015/ND-CP. Article 4. Outlines and cost estimates of SEA reports 1. Right after being assigned to develop or adjust a strategy, master plan or plan, a planning agency shall prepare the outline and cost estimate of a SEA report according to the fom1s provided in Appendix 1 to this Circular (not translated) and submit them to a competent agency for appraisal and approval. 2. The time limit for appraisal and approval of the outline and cost estimate of a SEA report is 7 working days after receiving a dossier prescribed in Clause 1 of this Alticle. For a dossier ineligible for approval, a competent agency shall issue a written reply clearly stating the reason to the planning agency within 3 working days after receiving the dossier. 3. Funds for making SEA repo1ts shall come from the funds for development or adjustment of transpo1t development strategies, master plans and plans. 4. For the outlines and cost estimates of SEA repo1ts of strategies, master plans and plans prepai·ed by planning agencies as assigned by the Ministiy of Transport, the Enviromnent Department shall appraise them and submit them to the Ministiy of Transpo1t's leadership for approval. Article 5. Appraisal of SEA repo1ts 1. A planning agency shall: a/ Prepare a SEA repo1t dossier in accordance with Alticle 3 of Circular No. 27/2015/ TT-BTNMT and submit it to a competent agency prescribed in Clause 1, A1ticle 16 of the Environmental Protection Law for appraisal; bl Assign competent officials to proactively coordinate with the appraising agency and attend and make explanations at meetings of the SEA repo1t appraisal council. ©Vietnam Law and Legal Fornm 6 OFFICIAL GAZETTE Issue nos 01-03/St>ptt>mber 2015 2. For SEA reports to be appraised by the Ministry of Transport, the Environment Department shall act as the standing body for appraisal and conduct appraisal in accordance with Alticle 10 of Decree No. 18/2015/ND-CP and Chapter V of Circular No. 27/2015/TT-BTNMT. 3. Agencies and units of the Ministry of Transpo1t shall assign specialists meeting the requirements prescribed in Alticle 19 of Circular No. 27/2015/TT-BTNMT to join the SEA report appraisal council at the request of the Environment Depa1tment. Article 6. Finalization of SEA repo1ts 1. A planning agency shall study and assimilate appraisal opinions on the SEA report and incorporate SEA results into the draft strategy, master plan or plan, and send the SEA report to the agency appraising the SEA dossier prescribed in Clause 1, Alticle 5 of Circular No. 27/2015/ TT-BTNMT within 15 working days after receiving the appraisal result notice. 2. The appraisal result repo1t on a SEA repo1t shall be used by competent agencies as a basis for considering and approving a transpo1t development transpo1t development strategy, master plan or plan. Chapter III ENVIRONMENTAL PROTECTION IN TRANSPORT INFRASTRUCTURE CONSTRUCTION INVESTMENT Section 1. PROJECT PREPARATION STAGE Article 7. Environmental impact assessment and environmental protection plans 1. In the project preparation stage, a project owner shall conduct enviromnental impact assessment (EIA) in accordance with Alticle 12 of Decree No. 18/2015/ND-CP, or register an environmental protection plan (EPP) in accordance with Aiticle 18 of Decree No. 18/2015/ND-CP. 2. The fom1, strncture and contents of an EIA repo1t must comply with Appendices 2.2 and 2.3 to Circular No. 27/2015/TT-BTNMT. 3. The fonn, stmcture and contents of an EPP must comply with Appendices 5. 4, 5. 5 and 5.6 to Circular No. 27/2015/TT-BTNMT. 4. Project owners conducting EIA and consultancy organizations hired to conduct EIA must fully satisfy the conditions prescribed in Alticle 13 of Decree No. 18/2015/ND-CP. Article 8. Outlines and cost estimates of EIA reports and EPPs 1. After being assigned to prepare a project, the project owner shall submit to a competent agency for appraisal and approval the outline and cost estimate of an EIA report or EPP made according to the fo1m provided in Appendix 2 to this Circular (not translated) . 2. Funds for making EIAreports and EPPs shall come from the funds for project investment. Article 9. Appraisal and approval of outlines and cost estimates of EIA repo1ts and EPPs 1. The time limit for appraisal and approval of outlines and cost estimates of EIA repo1ts and EPPs is as follows: a/ Within 10 working days after receiving a dossier prescribed in Clause 1, A1ticle 8, for projects prescribed at Points 1 and 2, Appendix III to Decree No. 18/2015/ND-CP; b/ Within 7 working days after receiving a dossier prescribed in Clause 1, Alticle 8, for projects other than those prescribed at Points 1 and 2, Appendix III to Decree No. 18/2015/ND-CP. © Vietnam Law and Legal F ornm Issue nos 01-03/September 2015 OFFICIAL GAZETTE 7 For a dossier ineligible for approval, within 3 working days after receiving the dossier, a competent agency shall issue a written reply clearly stating the reason to the project owner. 2. The Environment Depaitment shall appraise the outlines and cost estimates of EIA reports and EPPs of projects prepai·ed under the assignment of the Ministiy of Transpo1t. Article 10. Appraisal and approval of EIA reports and certification of EPPs 1. A project owner shall: a/ Prepare an EIA report dossier in accordance with Alticle 6 of Circular No. 27/2015/TT­ BTNMT and submit it to a competent agency prescribed in Clause 1, A1ticle 14 of Decree No. 18/2015/ND-CP for appraisal and approval, or an EPP registi·ation dossier in accordance with A1ticle 33 of Circular No. 27/2015/TT-BTNMT and submit it to a competent agency prescribed in Alticle 32 of Circular No. 27/2015/TT-BTNMT for ce1tification; b/ Pay a fee for EIA repo1t appraisal in accordance with the Finance Ministiy's Circular No. 218/2010/TT-BTC of December 29, 2010, on levels and regimes for collection, payment and management of the fee for EIA appraisal; cl Assign competent officials to proactively coordinate with the appraising agency in organizing appraisal activities and attend and make explanations at meetings of the EIA repo1t appraisal council. 2. For EIA reports to be appraised by the Ministiy of Transport, the Environment Department shall act as the standing body for appraisal and organize appraisal activities in accordance with Clauses 2, 3, 4 and 5, Alticle 14 of Decree No. 18/2015/ND-CP and A1ticle 8 and Chapter V of Circular No. 27/2015/TT-BTNMT. 3. Agencies and units of the Ministiy of Transpo1t shall assign specialists meeting the requirements prescribed inAlticle 19 of Circular No. 27/2015/TT-BTNMT to join the EIA report appraisal council at the request of the Environment Department. Article 11. Finalization of EIA repo1ts and EPPs 1. A project owner shall study and assimilate appraisal opinions on the project's EIA report, finalize the repo1t and send it to the dossier appraising agency prescribed in Clause 1, Alticle 9 of Circulai· No. 27/2015/TT-BTNMT within 15 working days afterreceiving the appraisal result notice. 2. Based on the contents of the EIArepo1t or EPP, a project owner shall detennine and allocate funds for environmental protection in the total investment of the project and when necessaiy, adjust investment project contents to cover environmental protection measures and facilities. 3. A project owner shall send a certified copy of the decision approving the project's EIA report or of the ce1tificate of the project's EPP to: a/ The Directorate for Roads of Vietnam or a line state management department, for transport infrastmcture constmction investment projects managed by the Ministiy of Transport; b/ The concerned provincial-level Transpo1t Department, for locally managed transport infrastmcture constmction investment projects. 4. For projects whose EIA repo1ts are approved by the Ministiy of Natural Resources and Environment, the project owner shall send a ce1tified copy of the decision approving the EIA report to the Ministiy of Transpo1t. 5. Project owners shall re-make EIA repo1ts in accordance with Clause 1, A1ticle 15 of Decree No. 18/2015/ND-CP; or re-register EPPs in accordance with Clause 2, Alticle 35 of Circular No. 27/2015/TT-BTNMT. ©Vietnam Law and Legal Fomm 8 OFFICIAL GAZETTE Issue nos 01-03/September 2015 6. The decision approving an EIA repo1i shall be used by competent authorities as a basis for perfo1ming the tasks prescribed at Points a, b, d and dd, Clause 2, Article 25 of the Environmental Protection Law. The certificate of an EPP shall be used by the project owner as a basis for implementing the project. Section 2. PROJECT IMPLEMENTATION STAGE Article 12. For project owners 1. A project owner shall include in the bidding dossier and in the contracts with constructors its environmental protection commitment, waste tr·eatment measures and measures for reduction of adverse impacts on the enviromnent stated in the project's EIA report or EPP approved or certified by a competent agency. 2. A project owner shall organize and manage environmental protection work in constmction activities and shall: a/ Develop and approve an environment management plan of the project according to the fo1ms provided in Appendices 2.9 and 2.10 to Circular No. 27/2015/TT-BTNMT, and send an official letter, made according to the fo1m provided in Appendix 2 .11 to Circular No. 27/2015/TT­ B TNMT, to the commune-level People's Committee of the locality where it has held consultations when conducting EIA, for posting up this plan before constmction starts; b/ Guide and disseminate the contents of the environment management plan and waste treatment measures and measures for reduction of adverse impacts on the enviromnent to employees of the contr·actor that executes the bidding package; c/ Supervise and urge the contractor to take measures to manage, collect and tr·eat waste (particularly hazardous waste), measures to reduce dust, noise and vibration, and measures to respond to incidents and ensure tr·affic safety during construction; weekly evaluate the contr·actor 's compliance with environmental regulations and make and keep evaluation records according to the fo1m provided in Appendix 3 to this Circular (not translated); di Conduct periodical environmental monitoring and summarize, evaluate and make repo1is on the project's compliance with enviromnental protection regulations according to the construction schedule, and send these reports to the specialized environmental protection agency of the provincial-level People 's Committees and the agency approving the EIAreport; dd/ Upon occunence of an environmental incident, halt construction activities, take remedial measures and immediately repo1t such to the agency approving the project investment decision and the commune-level People 's Committee or district-level People's Committee or the provincial-level Natural Resources and Enviromnent Depa1tment of the locality where the project is implemented; e/ Send to the EIArepo1t-approving agency an explanato1y repo1t in case the project intends to change its size, capacity or technology which will consequently increase adverse impacts on the environment as planned in the EIA repo1t but not to the extent requiring the re-making of an EIA report, and may only effect such changes after obtaining written approval from the agency approving the EIA report; g/ Keep the project's environmental protection dossier; cooperate with and provide relevant info1mation to the environmental protection state management agency for examination and inspection; h/ Handle the constmctor's violations of enviromnental protection regulations in the bidding package under the te1ms of the signed contract. © Vietnam Law and Legal F omm Issue nos 01-03/September 2015 OFFICIAL GAZETTE 9 Article 13. For constrnctors 1. A constrnctor shall comply with the law on environmental protection and environmental standards and technical regulations and must fully meet environmental protection requirements U11der the contract signed with the project owner. 2. During transport infrastrncture constrnction, a constructor shall: a/ Organize the implementation of the project's environment management plan and waste treatment measures and measures for reduction of adverse impacts on the enviromnent of the bidding package executed by the constrnctor; b/ Regularly supervise and urge its employees to comply with environmental protection requirements of the bidding package in the course of constrnction; and raise their awareness and sense for environmental protection; c/ Collect, store, transport and dispose of or discharge solid constrnction waste (such as sewage sludge and earth; dug mud, soil, sand and gravel; constrnction refuse and waste) at the right place, according to proper methods and in proper volumes according to regulations; d/ Collect and store residential waste and contract with a local environmental sanitation unit to transport and treat or treat by itself waste according to required methods; dd/ Collect and store hazardous waste and contract with a licensed hazardous waste management unit for transpo1tation and treatment; e/ Anange toilets, equipment for waste collection and storage, and makeshift wastewater treatment facilities in the constrnction site, the constrnction site administration office and camps of workers; g/ Take measures for reduction of dust, noise and vibration and for water drainage and internal water logging control; develop and organize the implementation of incident response plans and assurance of traffic safety during constrnction; h/ Exploit minerals for use as constrnction materials, use water resources, discharge wastewater into water sources in accordance with the laws on minerals and water resources; manage industrial explosives and constrnction blasting in accordance with the law on industrial explosives; ii Manage, repair, and mainta.in the technical status of, vehicles and constrnction equipment and machine1y according to regulations on technical quality and safety and environmental protection; comply with regulations on vehicle load; cover and prevent dispersal of materials and waste in transpo1tation causing environmental pollution during constrnction; k/ Restore the environment, clean up the constrnction site and river bed and channels after completing constrnction; 1/ Cooperate with and provide relevant infonnation to environmental protection state management agencies for examination and inspection. 3. A constrnctor shall be encouraged to: a/ Manage the environment according to ISO 14000 standards; b/ Apply solutions to rationally and efficiently exploiting and using constrnction materials so as to ensure eco-balance; c/ Re-use and recycle waste for useful purposes; apply scientific research outcomes or new technologies to turning constrnction refuse and waste into useful products which are confonnable with technical regulations and enviromnental safety and sanitation standards; ©Vietnam Law and Legal Fomm 10 OFFICIAL GAZETTE Issue nos 01-03/September 2015 cl/ Set aside funds for environmental protection in accordance with Clause 1, Alticle 149 of the Environmental Protection Law. Article 14. Environment consultants 1. A consultant for environmental monitoring must possess a ce1tificate of eligibility for environmental monitoring service provision in accordance with the Government's Decree No. 127/2014/ND-CP of December 31, 2014, on conditions for organization and operation of environmental monitoring services. The certificate 's contents must confo1m with enviromnental monitoring contents in the project constrnction. 2. A consultant for environmental monitoring shall comply with technical processes for environmental monitoring and environmental technical regulations and take responsibility before the project owner and law for info1mation and data created in the course of environmental monitoring. Section 3. STAGE OF CONSTRUCTION COMPLETION AND OPERATION OF WORKS OF PROJECTS Article 15. Repo1ts on enviromnental protection work completion 1. The owner of a project having a waste treatment facility shall operate this facility on a trial basis in accordance with Clause 4, Alticle 10 of Circular No. 27/2015/TT-BTNMT, and Clause 4, Alticle 16 of Decree No. 18/2015/ND-CP. 2. The owner of a project specified in column 4, Appendix II to Decree No. 18/2015/ND­ CP shall prepare a dossier of repo1ting on results of implementation of enviromnental protection facilities serving project operation in accordance with Clause 2, Alticle 12 of Circular No. 27/2015/TT-BTNMT, and submit it to the agency approving the EIA repo1t for examination and ce1tification before officially operating the project. 3. The examination and ce1tification of environmental protection facilities serving project operation must comply withAlticle 17 of Decree No. 18/2015/ND-CP and Chapter IV of Circular No. 27/2015/TT-BTNMT. 4 . For projects whose EIA reports are approved by the Ministiy of Transport, the Environment Department shall organize their examination and propose the Ministiy to ce1tify environmental protection facilities serving project operation. Chapter IV EXAMINATION AND REPORTING Article 16. Annual environmental repo1ts 1. A project owner shall make annual environmental protection repo1ts for each investment project on transpo1t infrastrncture constrnction according to the fo1m provided in Appendix 4 to this Circular (not translated), and send it before December 1 of the subsequent year to: a/ The Directorate for Roads of Vietnam or the Ministry of Transport's line state management depa1tment, for ti-anspo1t infrastrncture constrnction investment projects managed by the Ministiy of Transpo1t; b/ The concerned provincial-level Transpo1t Depa1tment, for locally managed transpo1t infrastructure constrnction investment projects. 2. The Directorate for Roads of Vietnam and Depaitments under the Ministry ofTranspo1t shall summarize, copy and send annual environmental protection repo1ts of tr·anspo1t infrastmcture © Vietnam Law and Legal F omm Issue nos 01-03/September 2015 OFFICIAL GAZETTE 11 constmction investment projects under their state management to the Ministry of Transpo1t before December 10 every year. 3. Provincial-level Transport Departments shall summarize, copy and send aI1I1ual environmental protection reports of locally managed transpo1t infrastructure construction investment projects to the Ministiy of Transport before December 10 eve1y year. 4. The Environment Department shall summarize annual environmental protection reports of transport infrastrncture constmction investment projects sent by the agencies specified in Clauses 2 and 3 of this Alticle in making annual environmental protection repo1ts of the transpo1t sector. Article 17. Inspection of enviromnental protection work 1. A plan on environmental protection work inspection must comply with the following prov1s10ns: a/ The plan shall be made annually and notified to concerned agencies, units and project owners; b/ Inspection contents must cover observance of the law on environmental protection and the contents approved in the project's EIA report or EPP in construction activities; c/ Inspection shall be notified in writing to the project owner at least 5 days in advance. 2. The Environment Depa1tment, the Directorate for Roads of Vietnam and Depa1tments of the Ministiy of Transpo1t shall coordinate in developing and implementing environmental protection work inspection plans for centrally managed transport infrastructure constiuction investment projects. 3. Provincial-level Transpo1t Depaitments shall develop and implement enviromnental protection work inspection plans for locally managed transpo1t infrastructure construction investinent projects. 4. In addition to the inspection prescribed in Clause 2 of this A1ticle, when necessaiy, the Environment Department shall, at the instruction of the Ministiy's leadership, conduct extraordinaiy inspection of enviromnental protection work for transport infrastiucture constrnction investinent projects under the Ministiy ofTranspo1t's state management. Chapter IV ORGANIZATION OF IMPLEMENTATION Article 18. Responsibilities of general departments, departments, corporations and companies under the Ministiy of Transport 1. To sti·ictly comply with the law on environmental protection and this Circular. 2. To appoint a section and full-time or part-time officers in charge of enviromnental protection work. 3. To organize the appraisal and approval of outlines and cost estimates of EIA repo1ts and EPPs of transport infrastrncture constrnction investment projects under their investment deciding competence. 4. To disseminate and guide their attached agencies and units and officials, civil servants, public employees and workers under their management to implement the law on environmental protection and this Circular. Article 19. Responsibilities of adviso1y agencies of the Ministiy of Transpo1t 1. The Enviromnent Depa1tment shall: ©Vietnam Law and Legal Fornm 12 OFFICIAL GAZETTE Issue nos 01-03/St>ptt>mber 2015 a/ Guide and conduct environmental protection in transport infrastrncture development in accordance with this Circular; b/ Annually make and submit repo1ts on environmental protection of the transport sector to the Ministry of Transpo1t's leadership; c/ Assume the prime responsibility for developing and submitting to the Ministry of Transport's leadership environmental protection work inspection plans and inspecting the implementation of the law on environmental protection and this Circular in tr·ansport infrastmcture constrnction investment. 2. The Planning and Investment Department shall assume the prime responsibility for proposing the Ministiy's leadership to approve the allocation of the Ministiy's state budget funds for environmental protection in the development and adjustment of transport development strategies, master plans and plans and in tr·anspo1t infrastrncture constmction investment projects. 3. The Organization and Personnel Department shall assume the prime responsibility for, and coordinate with the Enviromnent Depa1tment in, proposing the Minishy's leadership to decide on commendation and rewards for agencies, organizations and individuals with achievements in environmental protection in transport infrastrncture constrnction investment projects in accordance with the law on environmental protection and this Circular. 4. The Office, Inspectorate and Departments of the Ministry shall, according to their functions and tasks, coordinate with the Environment Department in organizing the implementation of the law on environmental protection and this Circular in ti·ansport infrashucture constrnction investment. Article 20. Responsibilities of local agencies 1. Provincial-level People 's Committees shall organize the implementation of this Circular in the development and adjustment of local transport development strategies, master plans and plans and in transport infrastrncture constrnction investment projects under their management. 2. Provincial-level Transport Departments shall strictly comply with the law on environmental protection and this Circular; proactively grasp the situation and environmental developments in ti·anspo1t infrastrncture conshuction sites in their localities; and join the Ministry of Transport's environmental protection work inspection teams for local transport infrastrncture constrnction investment projects under their management. Article 21. Effect This Circular takes effect on September 10, 2015, and replaces the Transpo1t Minister's Circular No. 09/2010!IT-BGTVT of April 6, 2010, on environmental protection in ti-ansport infrastructure development, and Circular No. 13/2012/TT-BGTVT of April 24, 2012, amending and supplementing a number of articles of Circular No. 09/2010/TT-BGTVT of April 6, 2010. Article 22. Implementation responsibilities The Chief of the Ministry's Office, the Ministry's Chief Inspector, directors of departments, the director of the Directorate for Roads of Vietnam, heads of specialized departments, heads of agencies, directors of provincial-level Transpo1t Departments, and related organizations and individuals shall implement this Circular. Minister of Transport DINH LA THANG © Vietnam Law and Legal F ornm