Decision No. 04/2013/QD-TTg On the authority to decide on the List and measures for handling facilities causing serious environmental pollution

Pursuant to …;

On the authority to decide the List and measures for handling facilities causing serious environmental pollution

 causing serious environmental pollution

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Article 49 of the Environmental Protection Law dated November 29, 2005;

At the proposal of the Minister of Natural Resources and Environment;

The Prime Minister issues this Decision on the authority to decide the list and measures for handling facilities causing serious environmental pollution,

Article 1. Scope and objects regulated

1. This Decision stipulates the authority to decide the list and measures for handling facilities causing serious environmental pollution.

2. Facilities causing serious environmental pollution shall be determined based on criteria prescribed by the Ministry of Natural Resources and Environment.

3. This Decision does not apply to the following facilities:

a) Facilities subject to temporary suspension or prohibition of operation under Clause 1 and Clause 3, Article 48 of Decree No. 117/2009/NĐ-CP dated December 31, 2009 of the Government on handling violations of laws in the field of environmental protection;

b) Pesticide storage sites pursuant to Decision No. 1946/QĐ-TTg dated October 21, 2010 of

c) Craft villages included in the National Target Program to Remediate Pollution and Improve the Environment for the period 2012-2015 approved by Decision No. 1206/QĐ-TTg dated September 2, 2012 of

Article 2. Authority to decide the list and measures for handling facilities causing serious environmental pollution

1. The Prime Minister decides the list and measures for handling the following facilities causing serious environmental pollution:

a) Production, business, service, hospital, solid waste landfill, export processing zone, industrial park, industrial cluster that have been approved by the Ministry of Natural Resources and Environment, ministry, agency at the ministerial level, government agency with an environmental impact assessment report;

b) Production, business, service, hospital, solid waste landfill, export processing zone, industrial park, industrial cluster required to prepare a detailed environmental protection plan within the approval authority of the Ministry of Natural Resources and Environment, ministry, agency at the ministerial level, government agency as provided for in Point a, Clause 3, Article 39 of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental commitment;

c) Detention facilities (prison, detention center), correctional facility; educational and vocational centers; training centers under the public security force; military training units; facilities producing, repairing weapons, equipment, and military supplies;

d) Social welfare facilities, Rehabilitation-Correction-Labor Centers managed by the Ministry of Labor, Invalids and Social Affairs.

2. The Chairman of the People's Committee of provinces and centrally governed cities decides the list and measures for handling facilities causing serious environmental pollution for facilities under their management, except those specified in Clause 1 of this Article.

Article 3. Responsibility for compiling the list and measures for handling facilities causing serious environmental pollution

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries, sectors, and localities to review and compile the list and measures for handling facilities causing serious environmental pollution, and submit them

2. The Department of Natural Resources and Environment shall take the lead and coordinate with relevant departments and sectors to review and compile the list and measures for handling facilities causing serious environmental pollution for submission to the Chairman of the People's Committee of provinces and centrally governed cities for decision in cases specified in Clause 2, Article 2 of this Decision; send to the Ministry of Natural Resources and Environment for inspection and monitoring.

3. The Ministry of Natural Resources and Environment shall periodically inspect and supervise the compilation of the list and handling of facilities causing serious environmental pollution; prescribe certification procedures for facilities causing serious environmental pollution that have completed thorough remediation.

Article 4. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from March 1, 2013.

2. Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairmen of the People's Committees of provinces and centrally governed cities, Heads of related agencies are responsible for implementing this Decision./