Circular No. 04/2008/TT-BTNMT guiding the preparation, approval, or confirmation of environmental protection programs and inspection, supervision of the implementation of environmental protection programs

CIRCULAR

Guidelines for drafting, approving or confirming environmental protection plans and inspecting, supervising the implementation of environmental protection plans

and inspecting, supervising the implementation of environmental protection plans

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The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government on detailed regulations and guidance for implementing certain provisions of the Environmental Protection Law;

The Ministry of Natural Resources and Environment guides the drafting, approval or confirmation of environmental protection plans and the inspection, supervision of the implementation of environmental protection plans as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope and Objectives

a. This Circular provides detailed guidance on the drafting, approval or confirmation of environmental protection plans; the inspection, supervision of the implementation of environmental protection plans and the confirmation of completion of the contents of environmental protection plans for centralized production, business, service areas and production, business, service facilities (hereinafter referred to collectively as facilities and production, business, service areas) without decisions approving environmental impact assessment reports or certificates confirming registration of meeting environmental standards as stipulated in Clause 9 Article 1 of Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government on detailed regulations and guidance for implementing certain provisions of the Environmental Protection Law (hereinafter referred to as Decree No. 21/2008/NĐ-CP).

b. This Circular applies to state agencies; organizations and individuals within and outside Vietnam who are owners of facilities and production, business, service areas (hereinafter referred to collectively as organizations and individuals) engaged in activities related to the contents prescribed in point a of this Section.

2. Application of environmental technical standards and norms

When drafting an environmental protection plan, organizations and individuals must apply national environmental technical standards and norms (compulsory Vietnamese environmental standards), local environmental technical norms and other provisions in international treaties to which Vietnam is a member.

II. DRAFTING, APPROVING AND CONFIRMING ENVIRONMENTAL PROTECTION PLANS

1. Drafting environmental protection plans

Organizations and individuals subject to the provisions of point 1 Clause 9 Article 1 of Decree No. 21/2008/NĐ-CP must draft environmental protection plans for their production, business and service activities and submit them to the competent state management agency on environmental protection as prescribed in this Circular for approval or confirmation.

Environmental protection plans as prescribed in points 3 and 4 Clause 9 Article 1 of Decree No. 21/2008/NĐ-CP shall be presented in accordance with the structure and content requirements specified in Appendix 1 and Appendix 2 attached to this Circular.

For mineral extraction facilities, they must draft rehabilitation projects according to Decision No. 71/2008/QĐ-TTg dated May 29, 2008 of the Prime Minister on deposit for rehabilitation of the environment for mineral extraction activities.

2. Documents for requesting approval and confirmation of environmental protection plans

2.1. Documents for requesting approval of environmental protection plans

The quantity and format of documents for requesting approval of environmental protection plans are as follows:

a. One (01) document from the organization or individual requesting approval of the environmental protection plan according to the model specified in Appendix 3 attached to this Circular.

b. Seven (07) copies of the environmental protection plan bound into volumes according to the cover and back cover models specified in Appendix 4 attached to this Circular, signed with the name, position of the organization or individual and stamped on the back cover page.

In cases where facilities and production, business, service areas are located in two (02) provinces or centrally-administered cities (hereinafter collectively referred to as provinces) or more, additional copies of the environmental protection plan should be added according to the number of provinces directly affected by waste for opinions as stipulated in point 2 Clause 9 Article 1 of Decree No. 21/2008/NĐ-CP.

c. One (01) copy of one of the following: business registration certificate, investment permit, investment certificate; mining exploitation permit or other activity permit issued by the competent state authority.

d. One (01) copy of the economic and technical report or feasibility study report or approved investment project (if any).

2.2. Documents for requesting confirmation of environmental protection plans

The quantity and format of documents for requesting confirmation of environmental protection plans are as follows:

a. One (01) document from the organization or individual requesting confirmation of the environmental protection plan according to the model specified in Appendix 3 attached to this Circular.

b. Three (03) copies of the environmental protection plan bound into volumes according to the cover and back cover models specified in Appendix 4 attached to this Circular, signed with the name, position of the organization or individual and stamped on the back cover page.

In cases where facilities and production, business, service areas are located in two (02) districts, towns, urban districts, centrally-administered cities (hereinafter collectively referred to as districts) or more, additional copies of the environmental protection plan should be added according to the number of districts directly affected by waste for opinions as stipulated in point 2 Clause 9 Article 1 of Decree No. 21/2008/NĐ-CP.

c. One (01) copy of one of the following: business registration certificate, investment permit, investment certificate; mining exploitation permit or other activity permit issued by the competent state authority.

d. One (01) copy of the economic and technical report or feasibility study report or approved investment project (if any).

3. Approval and confirmation of environmental protection plans

3.1. Authorities approving and confirming environmental protection plans

a. Provincial-level specialized environmental protection agencies (Department of Natural Resources and Environment) are responsible for receiving documents and approving environmental protection plans for facilities and production, business, service areas corresponding in nature and scale to those required to prepare environmental impact assessment reports.

b. District-level specialized environmental protection agencies (Environmental Protection Office) are responsible for receiving documents and confirming environmental protection plans for facilities and production, business, service areas in their jurisdiction except those specified in subpoint a of this point.

c. The Management Board of industrial zones, export processing zones, and economic zones (hereinafter referred to as the Management Board) established in accordance with the conditions, procedures, and formalities prescribed in Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones, which has a specialized department for environmental protection established pursuant to Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government on the organization and specialized departments for environmental protection at state agencies and state-owned enterprises, shall approve or confirm the environmental protection plan for production, business, and service establishments currently operating within industrial zones, export processing zones, and economic zones.

d. The specialized agency for environmental protection under the Ministry of National Defense and the Ministry of Public Security shall accept the application file and approve or confirm the environmental protection plan for establishments and production areas, businesses, and services within the defense and security sectors.

For establishments operating across two (02) provinces or two (02) districts or more, the Department of Natural Resources and Environment or the District Environmental Office where the environment is most negatively impacted by the establishment's activities or where the establishment's initial waste is collected shall be responsible for accepting the application file and approving or confirming the environmental protection plan. In cases where the establishment equally impacts the environment of several localities, the organization or individual may choose one of those localities for approval or confirmation of the environmental protection plan.

3.2. Procedures and formalities for approving the environmental protection plan

a. The application file for approval of the environmental protection plan as stipulated in Point 2.1, Clause 2, Section II of this Circular shall be submitted to the competent authority for approval of the environmental protection plan. If the file is not valid or requires supplementation, the approving authority must notify the organization or individual in writing within three (03) working days from the date of receipt of the file to adjust or supplement the file.

b. After receiving a valid file, the approving authority for the environmental protection plan shall review and establish an inspection team for actual environmental protection at the establishment and production, business, and service areas. The inspection team shall include representatives from the Department of Natural Resources and Environment, the Management Board (for establishments, businesses, and services within industrial zones, export processing zones, and economic zones), the District Environmental Office under the People's Committee of the district where the establishment and production, business, and service areas are located, and some environmental experts. If necessary, relevant provincial agencies, bureaus, and departments may be invited to join the team. The inspection results shall be recorded in a report signed by all participants. The decision to establish the team and the inspection report shall be prepared according to the forms specified in Appendices 5 and 6 attached to this Circular.

During the inspection process, if it is found that the data analyzing environmental parameters in the waste of organizations and individuals are not reliable, the approving authority shall take samples and analyze them to verify and base decisions on appropriate measures in accordance with current laws on environmental protection. The costs for organizing inspections, taking, and analyzing samples for verification (if applicable) shall be implemented according to current regulations.

The results of the environmental protection inspection at the establishment and production, business, and service areas serve as the basis for the competent authority to approve the environmental protection plan.

If the environmental protection plan needs to be supplemented or completed, the organization or individual must make revisions according to the conclusions of the inspection team. The time taken to complete the environmental protection plan will not be counted towards the approval period. The number of completed environmental protection plans submitted to the approving authority includes three (03) copies for establishments outside industrial zones, export processing zones, and economic zones, and four (04) copies for establishments within industrial zones, export processing zones, and economic zones, accompanied by one (01) copy recorded on a CD.

c. The maximum approval period for the environmental protection plan of organizations and individuals is twenty (20) working days; if sampling and analysis for verification are required, the maximum period does not exceed twenty-five (25) working days.

If the environmental protection plan requires opinions as provided for in Point 2, Clause 9 of Article 1 of Decree No. 21/2008/NĐ-CP, the approval period shall be extended by seven (07) working days. The Provincial Department of Natural Resources and Environment directly affected by the establishment's and area's waste must provide a written response within five (05) working days from the date of receipt of the opinion solicitation document from the approving authority. If the solicited agency does not respond, it shall be deemed to agree with the environmental protection plan. Opinion solicitation and comments on the environmental protection plan shall follow the model forms specified in Appendices 7 and 8 attached to this Circular.

If the Provincial Department of Natural Resources and Environment participates in the inspection team, it is not necessary to solicit opinions in writing. Approval of the environmental protection plan for organizations and individuals operating within industrial zones, export processing zones, and economic zones, and for establishments within the defense and security sectors does not require opinions from provincial environmental protection specialized agencies.

d. The head of the authority approving the environmental protection plan shall issue a decision approving the environmental protection plan according to the model form specified in Appendix 9 attached to this Circular.

đ. After the environmental protection plan is approved, the approving authority shall sign and stamp its confirmation on the back cover page of each copy of the environmental protection plan according to the model form specified in Item 10.1 of Appendix 10 attached to this Circular; simultaneously sending the approved environmental protection plan along with the decision approving the environmental protection plan to the organization or individual for implementation.

For establishments within industrial zones, export processing zones, and economic zones, the approving authority must send one (01) copy to the Provincial Department of Natural Resources and Environment.

3.3. Procedures and formalities for confirming the environmental protection plan

a. The application for confirmation of the environmental protection plan as prescribed at point 2.2, Clause 2, Section II of this Circular shall be submitted to the competent authority for confirmation. In case the application is not valid or requires supplementation, within no more than three (03) working days from the date of receipt of the application, the confirming authority must notify in writing the organization or individual concerned to adjust or supplement the application.

b. Upon receiving a valid application, the confirming authority shall organize an on-site inspection with the participation of: the Department of Natural Resources and Environment, Management Board (for production, business, and service establishments within industrial zones, export processing zones, and economic zones), and some environmental experts. If necessary, relevant provincial or district agencies may be invited to join the inspection team. The results of the inspection shall be recorded in a report, signed by all parties involved. The inspection report shall be prepared according to the form specified in Appendix 6 attached to this Circular.

During the inspection process, if it is found that the data analyzing environmental parameters in waste from organizations or individuals are not reliable, the confirming authority shall take samples and analyze them to verify and serve as the basis for deciding appropriate measures in accordance with laws on environmental protection. The costs for organizing inspections, taking and analyzing samples for verification (if applicable) shall be carried out in accordance with current regulations.

The results of the environmental protection inspection at the establishment and production, business, and service areas are the basis for the competent authority to confirm the environmental protection plan.

In cases where the environmental protection plan needs to be supplemented or completed, the organization or individual must make corrections based on the inspection team's conclusions. The time taken to complete the environmental protection plan will not be included in the confirmation period. The number of completed environmental protection plans to be submitted to the confirming authority includes: three (03) copies for establishments outside industrial zones, export processing zones, and economic zones, and four (04) copies for establishments within industrial zones, export processing zones, and economic zones; accompanied by one (01) copy recorded on a CD.

c. The maximum period for confirming the environmental protection plan of an organization or individual is fifteen (15) working days; if sampling and analysis for verification is required, the maximum period does not exceed twenty (20) working days.

For cases where the environmental protection plan must seek opinions as stipulated in point 2, Clause 9, Article 1 of Decree No. 21/2008/NĐ-CP, the confirmation period is extended by five (05) working days. The Department of Natural Resources and Environment of the district directly affected by the waste from the establishment and production, business, and service area must provide a written response within three (03) working days from the date of receipt of the opinion solicitation document from the confirming authority. If the agency solicited for its opinion does not provide a response, it is deemed to agree with the environmental protection plan. Opinion solicitation and comments on the environmental protection plan shall be made according to the forms specified in Appendices 7 and 8 attached to this Circular.

If the Department of Natural Resources and Environment of the district solicited for its opinion sends an officer to participate in the inspection team, it is not necessary to solicit opinions in writing. Confirmation of the environmental protection plan of organizations and individuals operating in industrial zones, export processing zones, and economic zones; and facilities under national defense and security sectors does not require opinions from other related county-level specialized agencies on environmental protection.

d. The head of the authority confirming the environmental protection plan shall issue a Registration Confirmation Certificate for the environmental protection plan according to the form specified in Appendix 11 attached to this Circular.

đ. After the environmental protection plan has been confirmed, the confirming authority shall sign and stamp the confirmation on the back cover page of each copy of the environmental protection plan according to the form specified in item 10.2 of Appendix 10 attached to this Circular; simultaneously sending the confirmed plan along with the registration confirmation certificate to the organization or individual for implementation.

For establishments within industrial zones, export processing zones, and economic zones, the confirming authority must send one (01) copy to the Department of Natural Resources and Environment of the district.

III. RESPONSIBILITIES FOR IMPLEMENTING THE ENVIRONMENTAL PROTECTION PLAN OF THE ESTABLISHMENT AND PRODUCTION, BUSINESS, AND SERVICE AREAS

1. After the environmental protection plan has been approved or confirmed, the organization or individual must strictly implement environmental protection measures in accordance with the contents of the environmental protection plan and the approval decision or confirmation document of the competent state authority. The deadline for completing waste treatment and environmental protection works is no later than December 31, 2009.

During the implementation of the contents and requirements of the approved or confirmed environmental protection plan, the organization or individual must take measures to limit emissions of pollutants into the environment. Organizations or individuals violating environmental protection regulations will be dealt with according to the law; those causing pollution, degradation of the environment, or economic and environmental damage must take responsibility for remediation, restoration of the environment, and compensation for damages according to the law.

2. After completing the environmental protection measures according to the approved or confirmed environmental protection plan, within fifteen (15) working days, the organization or individual must submit a written report to the approving or confirming authority regarding the completed contents for inspection and confirmation.

The quantity and model of the application for confirmation of completion of the contents in the approved or confirmed environmental protection plan are regulated as follows:

a. One (01) document of the organization or individual requesting confirmation of completion of the environmental protection plan according to the form specified in Appendix 12 attached to this Circular;

b. Three (03) reports on the completion of the contents and requirements of the approved or confirmed environmental protection plan prepared according to the form specified in Appendix 13 attached to this Circular.

c. Three (03) sets of analytical results of post-treatment waste samples meeting technical standards on waste conducted by the organization or individual responsible for monitoring and legally accountable for the accuracy of the analytical results of the waste samples.

An entity that designs and installs waste treatment facilities and environmental protection works for production, business, and service areas shall not collect and analyze samples of treated waste from such facilities or works. The costs for collecting and analyzing environmental parameters in treated waste shall be borne by the production, business, and service areas.

IV. RESPONSIBILITIES FOR INSPECTION, AUDITING AND CONFIRMATION OF COMPLETION OF ENVIRONMENTAL PROTECTION PLAN CONTENTS

1. Inspection and auditing of the implementation of environmental protection plans

a. The Department of Natural Resources and Environment shall be responsible for inspecting and auditing the implementation of environmental protection at production, business, and service areas after approval of the environmental protection plan.

b. The People's Committee of the district shall inspect and audit the implementation of environmental protection at production, business, and service areas after confirmation of the environmental protection plan. The Environmental Resources Management Office shall assist the district People's Committee in supervising the implementation of confirmed environmental protection plan contents within its jurisdiction.

c. The Management Board shall be responsible for leading and coordinating with specialized agencies on environmental protection at all levels to inspect and audit the implementation of environmental protection at operating production, business, and service establishments within industrial zones, export processing zones, and economic zones after approval and confirmation of the environmental protection plan in accordance with the law.

d. Agencies assigned by the Ministry of National Defense and the Ministry of Public Security to approve and confirm environmental protection plans shall be responsible for inspecting and auditing the implementation of environmental protection at production, business, and service areas under their defense and security sectors.

e. Inspection and auditing of environmental protection work shall be carried out in accordance with the Law on Environmental Protection and laws on inspection and auditing.

2. Agencies confirming completion of approved or confirmed environmental protection plan contents

The agency approving or confirming the environmental protection plan shall be responsible for reviewing and confirming the completion of approved or confirmed environmental protection plan contents.

3. Procedures and formalities for confirming completion of environmental protection measures according to the approved or confirmed environmental protection plan

a. The agency approving or confirming the environmental protection plan shall accept applications for confirmation of completion of plan contents from organizations and individuals in accordance with Clause 2, Section III of this Circular. In cases where the application is incomplete or requires supplementation, the approving or confirming agency must guide the resubmission or supplementation of the application within five (05) working days from the date of receipt.

b. Within fifteen (15) working days from the date of receiving a valid application, the approving or confirming agency shall organize an on-site inspection. The on-site inspection shall be conducted similarly to the inspection for approval or confirmation of the environmental protection plan.

c. The head of the agency approving or confirming the environmental protection plan shall issue a certificate confirming completion of the approved or confirmed environmental protection plan contents to organizations and individuals.

A certificate confirming completion of environmental protection measures according to the approved or confirmed environmental protection plan contents shall be prepared in accordance with Form 14 attached to this Circular and sent to organizations and individuals and relevant agencies for implementation.

V. HANDLING OF ISSUES

1. Organizations and individuals who are owners of production, business, and service areas operating after July 1, 2006 until the effective date of this Circular have not implemented regulations on preparation, review, and approval of environmental impact assessment reports or confirmation of registration of environmental protection commitments as guided by this Circular.

2. Organizations and individuals currently implementing environmental protection plans as guided by this Circular shall be considered to be rectifying administrative violations: failure to prepare an environmental impact assessment report or failure to register an environmental protection commitment as required by law.

VI. IMPLEMENTATION

1. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels related to this Circular shall organize its implementation.

2. The Department of Natural Resources and Environment shall lead and coordinate with the Management Board and the district People's Committee to review and notify production, business, and service areas operating before the effective date of this Circular without decisions approving environmental impact assessment reports or confirming environmental standard registrations or environmental protection commitments for implementation.

3. This Circular shall take effect fifteen days after its publication in the Official Gazette.

4. During the implementation process, if any issues arise, relevant ministries, sectors, provincial and centrally-administered city People's Committees, environmental protection specialized agencies at all levels, and related organizations and individuals shall promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.