Circular No. 02/2018/TT-BXD on environmental protection during construction of works and reporting system for environmental protection activities in the Construction sector

CIRCULAR

Regulations on environmental protection during construction of works

and reporting system for environmental protection activities in the Construction sector

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Pursuant to the Law Benvironmental protection dated June 23, 2014;

Pursuant to the Law on Construction promulgated on June 18, 2014;

Decree No. Decision No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing implementation of certain provisions of the Law on Environmental Protection; The Government's Decree No. 81/2017/NĐ-CP dated July 17, 2017 on the functions, tasks, powers, and organizational structure of the Ministry of Construction;

The Minister of Construction hereby issues this Circular on environmental protection during construction of works and the reporting system for environmental protection activities in the Construction sector.

AT THE REQUEST OF THE HEAD OF THE SCIENCE, TECHNOLOGY AND ENVIRONMENT DEPARTMENT,

This Circular stipulates the responsibilities of project owners and contractors for environmental protection during construction of works and the reporting system for environmental protection activities in the Construction sector. This Circular applies to domestic and foreign agencies, organizations, and individuals related to construction work activities and environmental protection activities in the Construction sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Environmental protection report is the process of compiling, providing information, data, and figures on sources of waste generation, impacts of waste on environmental components, management activities, and environmental protection actions during construction of works and production and business operations of construction production facilities.

Project owner means the investor according to the laws on construction for investment projects involving construction works.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

Construction production facility refers to production facilities for building materials, mineral extraction for building materials, and construction machinery production within provinces and centrally-administered cities.

ENVIRONMENTAL PROTECTION DURING CONSTRUCTION OF WORKS

Article 3. Responsibilities of project owners for environmental protection during construction of works

Chapter II

1. Develop plans for environmental management and protection based on the environmental management program in the environmental impact assessment report approved by the competent authority or the environmental protection plan confirmed by the competent authority pursuant to Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government on environmental planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans, Circular No. 27/2015/TT-BTNMT dated May 29, 2015 of the Ministry of Natural Resources and Environment on strategic environmental assessment, environmental impact assessment, and environmental protection plans before commencing construction of works.

2. Assign personnel responsible for environmental matters in accordance with the laws on environmental protection to inspect and supervise contractors in implementing the environmental management and protection plans and regulations on environmental protection during construction of works.

3. Based on the approved environmental protection measures in the environmental impact assessment report or the environmental protection plan confirmed by the competent authority, the project owner shall ensure sufficient funding to implement the environmental management and protection plans during the construction period.

4. Organize inspections and supervision of contractors to ensure compliance with regulations on environmental protection during construction of works.

5. Suspend construction and require contractors to rectify to ensure environmental protection requirements when serious violations of environmental protection regulations during construction of works are discovered or there is a risk of severe environmental incidents.

6. Cooperate with contractors to handle and rectify pollution and environmental incidents; promptly report and coordinate with competent authorities to address severe pollution and environmental incidents and other emerging issues.

5. Suspend construction and require the contractor to remedy the situation to ensure compliance with environmental protection requirements when serious violations of environmental protection regulations during construction of the project are discovered or there is a risk of a severe environmental incident.

6. Coordinate with the contractor to handle and remedy pollution and environmental incidents; promptly report and coordinate with competent authorities to address severe cases of pollution, environmental incidents, and other emerging issues.

Article 4. Responsibilities of Construction Contractors

1. Implement environmental management and protection plans and environmental protection regulations during the execution of the construction package.

2. Arrange personnel responsible for the environment according to the laws on environmental protection to implement environmental protection measures as stated in the Environmental Impact Assessment Report or the Environmental Protection Plan of the project.

3. Develop and enforce internal rules and regulations on environmental protection during construction.

4. Organize the preparation and submission to the project owner for approval of technical solutions and environmental protection measures during construction.

5. Organize training and dissemination of guidelines on internal rules, procedures, and environmental protection measures for staff, workers, employees, and related parties on the construction site.

6. Suspend construction work when a risk of serious environmental pollution or environmental incidents is detected and take corrective measures to ensure compliance with environmental protection requirements before resuming construction.

7. Fulfill other contents as prescribed by laws on environmental protection.

Chapter III

ENVIRONMENTAL PROTECTION REPORTING REGIME

Article 5. Environmental Protection Work Reports of Construction Industry Production Units

Construction industry production units shall be responsible for:

1. Preparing an annual environmental protection work report in writing once a year according to the form attached as Appendix 1 to this Circular and submitting it to the Department of Construction before December 31 each year.

2. Updating and storing information and data from the environmental protection work report on the online management software for the construction industry's environmental database at the website address: http://dulieumoitruong.xaydung.gov.vn/.

Article 6. Environmental Protection Work Reports of Departments of Construction of provinces and centrally governed cities

Departments of Construction of provinces and centrally governed cities shall be responsible for:

1. Preparing an annual environmental protection work report in writing once a year according to the form attached as Appendix 2 to this Circular and submitting it to the Ministry of Construction before January 15 of the following year.

2. Updating and storing information and data from the environmental protection work report on the online management software for the construction industry's environmental database at the website address:http://dulieumoitruong.xaydung.gov.vn/.

 Article 7. Environmental Protection Work Reports of Project Management Consulting Contractors and Construction Supervision Contractors

1. Timely report to the project owner and related contractors about potential risks and issues that may affect environmental protection work during construction to develop appropriate preventive and remedial measures.

2. Regularly or ad hoc report to the project owner on the environmental protection work during construction of contractors on the construction site according to the provisions of the construction consulting contract.

Article 8. Effective Date

This Circular takes effect from April 1, 2018. Decision No. 29/1999/QĐ-BXD dated October 22, 1999 of the Minister of Construction promulgating the Environmental Protection Regulations of the Construction Industry ceases to be effective from the date this Circular takes effect.

Article 9. Responsibility for implementation

Ministries, ministerial-level agencies, People's Committees at all levels, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.