Circular No. 08/2009/TT-BTNMT on management and protection of the environment in economic zones, high-tech industrial zones, industrial parks, and clusters.

CIRCULAR

Regulations on management and protection of the environment for economic zones, high-tech zones, industrial zones, and industrial clusters

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 MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

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. 29/2008/ND-CP dated March 14, 2008, of the Government on industrial zones, export processing zones, and economic zones;

Pursuant to Decree No. 99/2003/NĐ-CP dated August 28, 2003 of the Government on the issuance of the Regulation on High-Tech Zones;

Pursuant to the Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

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 detailing and guiding the implementation of certain provisions of the Law on Environmental Protection;

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;

Considering the proposal of the General Director of the General Department of Environment and the Head of the Legal Affairs Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management and protection of the environment for economic zones, border economic zones (hereinafter collectively referred to as economic zones and abbreviated as KKT), high-tech zones (abbreviated as KCNC), industrial zones, export processing zones (hereinafter collectively referred to as industrial zones and abbreviated as KCN), and industrial clusters (abbreviated as CCN).

Article 2. Applicability

This Circular applies to state agencies at all levels responsible for environmental protection, Management Boards of economic zones, Management Boards of high-tech zones, Management Boards of industrial zones, Industrial Cluster Management Agencies, investors constructing and operating technical infrastructure in economic zones, high-tech zones, industrial zones, and industrial clusters, and organizations and individuals, both domestic and foreign, related to investment, production, business, and service activities within economic zones, high-tech zones, industrial zones, and industrial clusters.

Article 3. Principles of environmental protection for economic zones, high-tech zones, industrial zones, and industrial clusters

1. Must implement the contents of environmental protection for KKT, KCNC, KCN, and CCN as prescribed in legal documents on environmental protection.

2. Environmental protection for KKT, KCNC, KCN, and CCN must be carried out continuously, with prevention as the primary focus, throughout all stages: planning construction, preparing for investment, reviewing investment projects; constructing technical infrastructure; constructing investment projects; and during the entire operational period.

Article 4. Organizations directly responsible for environmental protection in economic zones, high-tech zones, industrial zones, and industrial clusters

1. The Management Board of economic zones, the Management Board of high-tech zones, the Management Board of industrial zones, and the Industrial Cluster Management Agency are organizations directly responsible for managing environmental protection work according to the authorization of competent state agencies.

2. The Management Board of economic zones, the Management Board of high-tech zones, the Management Board of industrial zones, and the Industrial Cluster Management Agency must have specialized departments or staff responsible for environmental protection as prescribed in Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government on the organization and specialized departments for environmental protection in state agencies and state-owned enterprises.

3. Investors constructing and operating technical infrastructure in KKT, KCNC, KCN, and CCN must have a specialized department or staff responsible for environmental protection as prescribed by law.

4. Production, business, and service establishments in KKT, KCNC, KCN, and CCN must arrange part-time staff to monitor environmental protection work.

Chapter II

MANAGEMENT AND ENVIRONMENTAL PROTECTION DURING THE STAGE OF PREPARING FOR INVESTMENT AND CONSTRUCTION OF ECONOMIC ZONES, HIGH-TECH ZONES, INDUSTRIAL ZONES, AND INDUSTRIAL CLUSTERS

HIGH-TECH ZONES, INDUSTRIAL ZONES, AND INDUSTRIAL CLUSTERS

Article 5. Environmental protection in the planning of economic zones, high-tech industrial zones, industrial parks, and clusters.

Clause 1. The planning of construction for economic zones, high-tech industrial zones, industrial parks, and clusters must be consistent with the socio-economic development plan of the region, land use plans of provinces and centrally governed cities, minimize the use of agricultural land, not encroach upon natural conservation areas and national parks, ensure sustainable development and national defense security.

The overall development planning of economic zones must prepare an Environmental Impact Assessment Report (EIA) in accordance with the provisions of the law.

Clause 2. The minimum percentage of land covered by greenery must reach 15% of the total area of economic zones, high-tech industrial zones, industrial parks, and clusters.

Clause 3. The planning of construction for economic zones must ensure reasonable and clear spatial arrangement of functional areas, suitable to the nature of activities in the economic zone, ensuring reduction of negative impacts on the surrounding environment and between functional areas. Industrial parks and projects within the economic zone that generate significant air emissions and noise must be located at the end of the main wind direction of the economic zone and isolated from urban areas and other quiet functional areas by green belts of specified width; projects generating significant wastewater must be located close together and at the end of the water source of the economic zone.

Clause 4. Land use planning for functional areas in economic zones must be appropriate to the natural conditions, current environmental status of the area, and disaster prevention plans such as typhoons, floods, landslides, and rising sea levels.

Clause 5. Ecotourism activities and infrastructure serving ecotourism in natural conservation areas and national parks within economic zones (if any) must be permitted by competent state management agencies for natural conservation and national parks.

Article 6. Environmental protection for the design of technical infrastructure systems in economic zones, high-tech industrial zones, industrial parks, and clusters.

Clause 1. The technical infrastructure system of economic zones, high-tech industrial zones, industrial parks, and clusters includes transportation systems, water supply systems, drainage systems, wastewater treatment systems, power supply and lighting systems, information systems, which must be designed simultaneously and harmoniously to ensure convenience in construction, repair, operation, land saving, and comply with Vietnamese Construction Standards, meeting environmental protection requirements.

Clause 2. Temporary storage and transfer locations for solid waste must be arranged within economic zones, high-tech industrial zones, industrial parks, and clusters; the receiving and processing facilities for general solid waste and hazardous waste must be clearly identified.

Clause 3. Wastewater drainage systems must be completely separated from stormwater drainage systems. The network for collecting industrial wastewater must have positions and manhole depths suitable for connecting to the discharge points of enterprises within high-tech industrial zones, industrial parks, and clusters.

Clause 4. High-tech industrial zones, industrial parks, and clusters must have centralized wastewater treatment plants. Centralized wastewater treatment plants may be divided into multiple units but must ensure sufficient total capacity to treat all generated wastewater to meet national environmental technical standards when these areas are fully developed. These centralized wastewater treatment plants must be equipped with automatic continuous monitoring systems for parameters such as pH, DO, COD, TSS, and other specific parameters in the wastewater of high-tech industrial zones, industrial parks, and clusters according to the requirements stated in the Decision approving the Environmental Impact Assessment Report.

Clause 5. The wastewater treatment plans for functional areas within economic zones: residential areas, residential communities, duty-free zones, entertainment areas, tourist areas, administrative areas, and other functional areas, depending on actual circumstances, may be treated locally, in clusters, or centrally at the economic zone's centralized wastewater treatment plant. All types of domestic wastewater treatment must be designed to ensure that the treated wastewater meets national environmental technical standards before being discharged into receiving waters.

Article 7. Responsibilities of the investor in construction and operation of infrastructure in economic zones, high-tech industrial zones, industrial parks, and industrial clusters

Must implement the preparation of an environmental impact assessment report (EIA) or commit to environmental protection in accordance with the provisions of Decree No. 80/2006/ND-CP dated August 9, 2006 of the Government on detailed regulations and guidance for implementation of certain articles of the Law on Environmental Protection and Decree No. 21/2008/ND-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/ND-CP dated August 9, 2006 of the Government on detailed regulations and guidance for implementation of certain articles of the Law on Environmental Protection.

Chapter III

ENVIRONMENTAL MANAGEMENT AND PROTECTION DURING THE IMPLEMENTATION STAGE OF CONSTRUCTION IN ECONOMIC ZONES

HIGH-TECH ZONES, INDUSTRIAL ZONES, AND INDUSTRIAL CLUSTERS

Article 8. Management of solid waste during land clearance phase

Organizations and individuals implementing land clearance and site preparation for construction must collect and treat all generated solid waste in accordance with the legal regulations on solid waste management.

Article 9. Responsibilities of the investor in construction and operation of technical infrastructure in economic zones, high-tech industrial zones, industrial parks, and industrial clusters

1. Must strictly comply with the contents of the Decision approving the environmental impact assessment report (EIA) of the investment project for construction and operation of technical infrastructure in EPZs, Hi-Tech Zones, IPZs, and ICZs.

2. Must submit a written report to the agency approving the environmental impact assessment report and the Management Board of EPZs, Hi-Tech Zones, IPZs, or the Management Agency of ICZs regarding the installation plan accompanied by detailed design files of environmental treatment facilities and the environmental monitoring plan during the construction phase for these agencies to monitor, inspect, and supervise.

3. Regarding solid waste management: must implement the contents in accordance with Clause 2, Article 6 of this Circular and the legal regulations on solid waste management.

4. Regarding wastewater treatment:

a) The centralized wastewater treatment plant must be constructed according to the approved investment project schedule and design, ensuring completion and operation before the production, business, and service projects within EPZs, Hi-Tech Zones, IPZs, and ICZs commence operations;

b) The construction progress of the centralized wastewater treatment plant or its individual units (modules) must align with the filling progress of investment projects in EPZs, IPZs, and ICZs;

c) A flow meter must be installed at the outlet of the centralized wastewater treatment plant;

d) A trial operation plan for the wastewater treatment plants of IPZs and ICZs and other functional area wastewater treatment facilities within EPZs and Hi-Tech Zones must be prepared and submitted to the agency approving the environmental impact assessment report and the Management Board of EPZs, Hi-Tech Zones, IPZs, or the Management Agency of ICZs prior to formal operation; a written report on the implementation of the environmental impact assessment report contents must be provided to the approving agency, and only upon receipt of confirmation from this agency can the facility be officially operated.

5. Planting, caring for, and protecting public greenery in EPZs, Hi-Tech Zones, IPZs, and ICZs.

Article 10. Responsibilities of the Management Board of Economic Zones, High-Tech Zones, Industrial Parks, and Cluster Management Agencies

1. Take the lead and coordinate with state management agencies on environmental protection to conduct inspections and supervision of the implementation of contents in the Environmental Impact Assessment Report and the approved environmental protection commitment during the construction phase of projects.

2. Detect and promptly report to competent state management agencies on environmental protection about violations of environmental laws for resolution and handling.

Article 11. Responsibilities of State Management Agencies on Environmental Protection

Take the lead and coordinate with the Management Boards of Economic Zones, High-Tech Zones, Industrial Parks, and Cluster Management Agencies to inspect the implementation of contents in the Decision approving the Environmental Impact Assessment Report or confirming the environmental protection commitment of investors in constructing and operating technical infrastructure in Economic Zones, High-Tech Zones, Industrial Parks, and Clusters.

Chapter IV

ENVIRONMENTAL MANAGEMENT AND PROTECTION DURING THE OPERATING PHASE OF ECONOMIC ZONES, HIGH-TECH ZONES, INDUSTRIAL PARKS, AND CLUSTERS

INDUSTRIAL ZONES AND INDUSTRIAL CLUSTERS

Article 12. Responsibilities of the Management Board of Economic Zones, High-Tech Zones, Industrial Parks, and Cluster Management Agencies

1. Only consider accepting investment projects within industries listed in the Environmental Impact Assessment Report of projects constructing and operating technical infrastructure in Economic Zones, High-Tech Zones, Industrial Parks, and Clusters that have been approved by competent state management agencies.

2. Prioritize projects with modern production technology, high-tech, causing little or no environmental pollution, projects applying cleaner production technology, environmentally friendly technology, and energy-saving technology.

3. Not accept projects with outdated technology and equipment, low raw material and fuel efficiency, generating large amounts of waste, and posing a serious risk of environmental pollution.

Article 13. Conditions for Production, Business, and Service Projects to be Operated in Economic Zones, High-Tech Zones, Industrial Parks, and Clusters

1. Have completed the temporary storage and transfer locations for solid waste in Economic Zones, High-Tech Zones, Industrial Parks, and Clusters, and clearly identified the facilities for receiving and treating general and hazardous solid waste as stipulated in Clause 2, Article 6 and Clause 3, Article 9 of this Circular.

2. The project's wastewater discharge outlet has been directly connected to the centralized wastewater treatment plant of Economic Zones, High-Tech Zones, Industrial Parks, and Clusters.

3. The production project has installed all necessary wastewater treatment, exhaust gas treatment, noise reduction equipment, and other environmental protection measures as committed in the Environmental Impact Assessment Report or environmental protection commitment.

Article 14. Responsibilities of Investors in Production, Business, and Service Projects in Economic Zones, High-Tech Zones, Industrial Parks, and Clusters

1. Prepare and submit to competent authorities for approval the Environmental Impact Assessment Report (EIA) or confirmation of the environmental protection commitment in accordance with Decree No. 80/2006/ND-CP dated August 9, 2006, of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection, and Decree No. 21/2008/ND-CP dated February 28, 2008, of the Government amending and supplementing certain provisions of Decree No. 80/2006/ND-CP dated August 9, 2006.

2. Implement fully and accurately the contents in the Decision approving the Environmental Impact Assessment Report or confirming the environmental protection commitment as approved by competent state management agencies.

3. Must submit a written report to the agency that approved the Environmental Impact Assessment Report or confirmed the environmental protection commitment, the Management Board of Economic Zones, High-Tech Zones, Industrial Parks, or Cluster Management Agency regarding plans for installing environmental treatment works and self-monitoring plans during the construction phase for these agencies to monitor, inspect, and supervise.

4. Must sign an agreement or economic contract with the investor constructing and operating technical infrastructure in Economic Zones, High-Tech Zones, Industrial Parks, and Clusters concerning conditions for discharging enterprise wastewater into the centralized wastewater treatment plant.

5. Must connect the outlet of the wastewater drainage system to the centralized wastewater treatment plant under the supervision of the investor constructing and operating technical infrastructure in Economic Zones, High-Tech Zones, Industrial Parks, and Clusters.

6. Must ensure convenience for sampling and measuring wastewater flow at the outlet of the enterprise's preliminary wastewater treatment facility.

Article 15. Responsibilities of the Investor in Construction and Business of Technical Infrastructure in Economic Zones, High-Tech Zones, Industrial Parks, and Industrial Clusters

1. Monitor and supervise the discharge activities of production, business, and service establishments into the centralized wastewater treatment plant in accordance with the signed contracts.

2. Install flow meters for the wastewater of production, business, and service establishments discharged into the centralized wastewater treatment plant and ensure that wastewater treatment facilities, collection facilities, temporary storage and sorting facilities for solid waste in economic zones, high-tech zones, industrial parks, and industrial clusters operate according to technical standards.

Article 16. Protection of Air Environment and Noise Control in Economic Zones, High-Tech Zones, Industrial Parks, and Industrial Clusters

1. All production, business, and service establishments must comply with national technical regulations on environmental protection for emissions and noise; apply technological solutions and install and operate exhaust gas treatment equipment as committed in the environmental impact assessment report or environmental protection commitments.

2. Encourage the application of environmentally friendly production technologies, cleaner production solutions, energy savings, particularly in industries with potential for large air pollution emissions such as oil refining, petrochemicals, metallurgy, thermal power, chemical production, cement, paper, etc.

3. Production, business, and service establishments in economic zones, high-tech zones, industrial parks, and industrial clusters must pay environmental protection fees for emissions in accordance with the provisions of the law.

Article 17. Protection of Water Environment in Economic Zones, High-Tech Zones, Industrial Parks, and Industrial Clusters

1. All drainage activities of economic zones, high-tech zones, industrial parks, and industrial clusters must comply with the provisions of Government Decree No. 88/2007/ND-CP dated May 28, 2007, on urban and industrial zone drainage.

2. Discharging wastewater into receiving water bodies must comply with the provisions of laws on environmental protection, water resources, water extraction, and hydraulic works protection. Direct discharge of untreated or inadequately treated wastewater into receiving water bodies is absolutely prohibited.

3. Wastewater from production, business, and service establishments must be preliminarily treated to meet requirements before being discharged into centralized wastewater treatment plants. The investor in construction and business of technical infrastructure in economic zones, high-tech zones, industrial parks, and industrial clusters shall stipulate the conditions for wastewater from production, business, and service establishments to be discharged into centralized wastewater treatment plants. Preliminarily treated domestic wastewater from production, business, and service establishments and organizations and individuals in high-tech zones, industrial parks, and industrial clusters (by septic tanks, etc.) must be further treated at centralized wastewater treatment plants. Wastewater must be treated to meet national technical standards on environmental protection before being discharged into receiving water bodies.

4. Prohibit all vessels from discharging untreated or inadequately treated wastewater and ship ballast water not meeting national technical standards on environmental protection and solid waste into rivers, streams, and coastal waters of economic zones, high-tech zones, industrial parks, and industrial clusters.

5. Production, business, and service establishments in economic zones, high-tech zones, industrial parks, and industrial clusters must pay wastewater fees in accordance with Government Decree No. 67/2003/ND-CP dated June 13, 2003, on environmental protection fees for wastewater and Government Decree No. 04/2007/ND-CP dated January 8, 2007, amending and supplementing certain articles of Government Decree No. 67/2003/ND-CP dated June 13, 2003.

Article 18. Management of solid waste and hazardous waste generated in economic zones, high-tech zones, industrial parks, and industrial clusters

1. All production, business, and service establishments in EPZs, HTZs, IPs, and ICs and households in EPZs shall implement source separation of solid waste in accordance with the provisions of the law.

2. Solid waste from EPZs, HTZs, IPs, and ICs must be collected at 100% and separately classified into non-hazardous waste (general solid waste), medical waste, and hazardous waste.

3. The collection, classification, transportation, and treatment of hazardous waste from medical activities must comply with Decision No. 43/2007/QD-BYT dated November 30, 2007, of the Minister of Health on the issuance of regulations on the management of medical waste.

4. The collection, classification, transportation, and treatment of hazardous waste from production and business activities must comply with Decree No. 59/2007/NĐ-CP dated April 9, 2007, of the Government on the management of solid waste, Circular No. 12/2006/TT-BTNMT dated December 26, 2006, of the Ministry of Natural Resources and Environment on guidance for professional practice and procedures for registration of permits for professional practice, hazardous waste management codes.

5. Sludge from wastewater treatment plants and drainage networks in EPZs, HTZs, IPs, and ICs must be collected, preliminarily treated, transported separately by specialized vehicles to centralized waste treatment facilities for hygienic treatment and meet national technical standards for the environment.

6. All production, business, and service establishments generating hazardous waste must establish a registration file for the waste-generating entity with the Department of Natural Resources and Environment or the EPZ, HTZ, IP, and IC Management Board (if authorized) according to the guidelines set out in Circular No. 12/2006/TT-BTNMT dated December 26, 2006, of the Ministry of Natural Resources and Environment on guidance for professional practice and procedures for registration of permits for professional practice, hazardous waste management codes, and simultaneously must contract with entities licensed for the collection, transportation, treatment, and disposal of hazardous waste to treat it in accordance with the provisions of the law.

7. Production, business, and service establishments in EPZs, HTZs, IPs, and ICs must pay solid waste fees in accordance with Decree No. 174/2007/NĐ-CP dated November 29, 2007, of the Government on environmental protection fees for solid waste.

Article 19. Response to Environmental Incidents

When an environmental incident occurs, the Management Boards and production, business, and service establishments in EPZs, HTZs, IPs, and ICs must have the responsibility to urgently mobilize human resources, materials, and equipment to respond promptly, while immediately notifying relevant authorities; if the response exceeds their capacity, they must report urgently to the competent authority above for handling.

Chapter V

ENVIRONMENTAL MONITORING, INFORMATION, AND REPORTING OF ECONOMIC ZONES, HIGH-TECH ZONES,

INDUSTRIAL ZONES AND INDUSTRIAL CLUSTERS

Article 20. Environmental Monitoring and Reporting of Economic Zones, High-Tech Zones, Industrial Parks, and Industrial Clusters during Construction Phase

1. Investors in the construction and operation of technical infrastructure in EPZs, HTZs, IPs, and ICs and project investors in production, business, and services must carry out self-environmental monitoring of investment projects.

2. Environmental monitoring must strictly follow the content of the environmental management and monitoring program committed to in the environmental impact assessment report or the approved and confirmed environmental commitment statement.

3. After each round of environmental monitoring, the investors in the construction and operation of technical infrastructure and project investors in production, business, and services in EPZs, HTZs, IPs, and ICs (for ICs established by provincial People's Committees) must report the results of environmental monitoring to the EPZ, HTZ, IP, and IC Management Boards, the IC Management Authority, and the Department of Natural Resources and Environment; investors in the construction and operation of technical infrastructure and project investors in production, business, and services in ICs (for ICs established by district People's Committees) must report the results of environmental monitoring to the IC Management Authority and the district People's Committee and must be responsible for the reported data.

Article 21. Environmental monitoring and reporting for economic zones, high-tech industrial zones, industrial parks, and industrial clusters during the operational phase

1. The Management Board of Economic Zones, High-Tech Industrial Zones, Industrial Parks, and the Managing Authority of Industrial Clusters shall be responsible for organizing environmental monitoring at least twice a year for the entire zone; submitting the results of environmental monitoring reports to the General Department of Environment, Department of Natural Resources and Environment, and bearing legal responsibility for the data in the report.

2. Investors constructing and operating technical infrastructure shall be responsible for conducting environmental monitoring and reporting to the Management Board of Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters on the level of pollution from centralized wastewater treatment stations, water quality of receiving sources, operation status of centralized wastewater treatment facilities, collection, transportation, and treatment of solid waste in Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters (characteristics, nature, quantity of waste types, waste management plans, treatment outcomes), and related environmental issues.

3. Production, business, and service establishments within Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters (for Industrial Clusters established by provincial People's Committees) shall be responsible for implementing self-environmental monitoring programs and reporting the results to the Management Board of Economic Zones, High-Tech Industrial Zones, Industrial Parks, the Managing Authority of Industrial Clusters, and the Department of Natural Resources and Environment; production, business, and service establishments within Industrial Clusters (for Industrial Clusters established by district People's Committees) shall implement self-environmental monitoring programs and report the results to the Managing Authority of Industrial Clusters and the district People's Committee.

4. The cost of general environmental monitoring for Economic Zones and High-Tech Industrial Zones shall be borne by the state budget; the cost of environmental monitoring for Industrial Parks and Industrial Clusters shall be borne by investors constructing and operating technical infrastructure; the cost of environmental monitoring for production, business, and service establishments shall be borne by the respective establishments.

Article 22. Publicizing environmental information for economic zones, high-tech industrial zones, industrial parks, and industrial clusters and production, business, and service establishments.

1. Environmental information of Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters must be publicized according to Article 104 of the Law on Environmental Protection.

2. Content and form of publicizing environmental information for Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters:

a) The content of publicized information must ensure truthfulness, objectivity, clarity, conciseness, and suitability for the relevant parties receiving the information;

b) Information may be published through various forms such as publishing news articles in the press, posting on the company’s website, reporting in meetings of People's Councils at all levels, announcing in community meetings, and posting at the offices of the Management Board of Economic Zones, High-Tech Industrial Zones, Industrial Parks, the Managing Authority of Industrial Clusters, and the offices of village-level People's Committees where Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters are located.

3. The Management Board of Economic Zones, High-Tech Industrial Zones, Industrial Parks, and the Managing Authority of Industrial Clusters shall be responsible for publicizing environmental information within Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters; production, business, and service establishments within Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters shall be responsible for publicizing environmental information within their premises and bear legal responsibility for the accuracy, truthfulness, and objectivity of the publicized information. The Department of Natural Resources and Environment where Economic Zones, High-Tech Industrial Zones, Industrial Parks, and Industrial Clusters are located shall inspect and supervise the publicizing of environmental information by the Management Boards and production, business, and service establishments.

Article 23. Implementation of grassroots democracy on environmental issues of economic zones, high-tech industrial zones, industrial parks, and clusters of industrial enterprises

1. The investors in construction and operation of technical infrastructure in economic zones (KKT), high-tech industrial zones (KCNC), industrial parks (KCN), clusters of industrial enterprises (CCN), Management Boards of KKT, KCNC, KCN, management agencies of CCN, specialized organizations, officials responsible for environmental protection in KKT, KCNC, KCN, CCN, and heads of production, business, and service establishments have the responsibility to publicly inform the people and workers at these establishments about the environmental situation, preventive measures, limitations on negative impacts on the environment, and remediation measures for pollution and degradation of the environment through one of the forms prescribed in Article 105 of the Environmental Protection Law.

2. In the following cases, an environmental dialogue must be organized:

a) At the request of the party seeking dialogue;

b) At the request of state management agencies at all levels concerning environmental protection;

c) Based on complaints, reports, lawsuits from organizations and individuals regarding environmental issues related to KKT, KCNC, KCN, and CCN.

3. Responsibilities for explaining and dialoguing on environmental issues are stipulated as follows:

a) The party requesting dialogue must send to the requested party the issues that need explanation or dialogue;

b) Within no more than five (5) working days from the date of receipt of the request, the receiving party must prepare the contents for answering, explaining, and dialoguing;

c) In cases where state management agencies on environmental protection require the organization of a dialogue, the relevant parties shall implement according to the regulations of the requesting agency.

4. Environmental dialogues shall be conducted in accordance with the provisions of the law and under the chairmanship of the competent specialized agency on environmental protection or the Management Board of KKT, KCNC, KCN, and the management agency of CCN.

5. The results of the dialogue must be recorded in a protocol noting the agreed opinions, serving as a basis for the relevant responsible parties to implement or to consider handling violations of environmental protection laws, and compensating for environmental damage.

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES ON ENVIRONMENTAL PROTECTION IN ECONOMIC ZONES, HIGH-TECH INDUSTRIAL ZONES, INDUSTRIAL PARKS AND CLUSTERS OF INDUSTRIAL ENTERPRISES

 ECONOMIC ZONES, HIGH-TECH INDUSTRIAL ZONES, INDUSTRIAL PARKS AND CLUSTERS OF INDUSTRIAL ENTERPRISES

Article 24. Responsibilities of Ministries and Relevant Agencies

Ministries and relevant agencies have the responsibility to perform specific tasks prescribed in Article 121 of the Environmental Protection Law, coordinating with the Ministry of Natural Resources and Environment to direct, guide, and inspect the implementation of environmental protection laws for KKT, KCNC, KCN, and CCN within their respective jurisdictions.

Article 25. Responsibilities of the General Department of Environment

The General Department of Environment is responsible for assisting the Ministry of Natural Resources and Environment in performing state management responsibilities for environmental protection in KKT, KCNC, KCN, and CCN, guiding, inspecting, and urging the implementation of the provisions of this Circular.

Article 26. Responsibilities of the Provincial People's Committee

1. Issuing regulations on coordination between Management Boards and specialized agencies of provincial and district People's Committees in managing and protecting the environment in KKT, KCNC, KCN, and CCN within their jurisdiction.

2. Directing inspection and audit work; resolving disputes, complaints, reports, suggestions, and handling violations of environmental laws within its authority.

3. Directing departments and sectors to support production, business, and service establishments in KKT, KCNC, KCN, and CCN in responding to and remedying environmental incidents.

Article 27. Responsibilities of the Department of Natural Resources and Environment

1. Coordinate with the Management Board of EPZs, S&T Zones, Industrial Parks and the Management Agency of CIPs to inspect and supervise the implementation of the provisions of this Circular and laws on environmental protection in EPZs, S&T Zones, Industrial Parks and CIPs.

2. Take the lead or coordinate (in cases where the Management Board of EPZs, S&T Zones, Industrial Parks and the Management Agency of CIPs and the authorized agency for reviewing environmental impact assessment reports) in inspecting and confirming the results of trial operation of waste treatment facilities of investment projects for construction and operation of technical infrastructure in EPZs, S&T Zones, Industrial Parks, and CIPs and waste treatment facilities of investment projects within EPZs, S&T Zones, Industrial Parks, and CIPs before they officially commence operations.

3. Take the lead and coordinate with the Management Board of EPZs, S&T Zones, Industrial Parks and the Management Agency of CIPs to inspect and audit the implementation of environmental protection and the contents of the Decision approving the environmental impact assessment report of the investor and operation of technical infrastructure in EPZs, S&T Zones, Industrial Parks, and CIPs and production, business, and service establishments within EPZs, S&T Zones, Industrial Parks, and CIPs according to their authority.

4. Coordinate with the Management Board of EPZs, S&T Zones, Industrial Parks and the Management Agency of CIPs to resolve disputes, complaints, and denunciations regarding environmental protection in EPZs, S&T Zones, Industrial Parks, and CIPs within the scope of their assigned powers.

5. Coordinate with the Management Board of EPZs, S&T Zones, Industrial Parks and the Management Agency of CIPs to disseminate and popularize environmental protection laws, raising awareness about environmental protection among investors constructing and operating technical infrastructure in EPZs, S&T Zones, Industrial Parks, and CIPs and production, business, and service establishments within EPZs, S&T Zones, Industrial Parks, and CIPs.

6. Supervise the public disclosure of environmental information and data of EPZs, S&T Zones, Industrial Parks, and CIPs.

7. Review and approve declarations, notifications, and organize the collection of environmental protection fees from enterprises in EPZs, S&T Zones, Industrial Parks, and CIPs (excluding those EPZs, CIPs which have been authorized by competent authorities to review and collect fees).

Article 28. Responsibilities of the Management Board of EPZs, S&T Zones, and Industrial Parks

1. Direct, guide, and urge production, business, and service establishments and functional zones under their management in EPZs, production, business, and service establishments in S&T Zones, and Industrial Parks under their management to implement the provisions of this Circular.

2. Establish mechanisms to coordinate with the Department of Natural Resources and Environment and People's Committee at district level to carry out tasks and powers assigned as the main responsibility in environmental protection work in EPZs, S&T Zones, and Industrial Parks.

3. Review and approve environmental impact assessment reports, confirm environmental commitment statements of investment projects in EPZs, S&T Zones, and Industrial Parks according to the authorization of competent state agencies. The Management Board of EPZs, S&T Zones, and Industrial Parks authorized shall be responsible for submitting the results of the review and approval of environmental impact assessment reports to the Department of Natural Resources and Environment, and the results of confirmation of environmental commitment statements to the Environmental Division of the District People's Committee where the EPZs, S&T Zones, and Industrial Parks are located.

4. Take the lead or coordinate with the Department of Natural Resources and Environment and relevant agencies to inspect and confirm the results of trial operation of waste treatment facilities of investment projects for construction and operation of technical infrastructure in EPZs, S&T Zones, and Industrial Parks and waste treatment facilities of investment projects within EPZs, S&T Zones, and Industrial Parks before they officially commence operations according to their authority.

5. Coordinate with relevant agencies to monitor, inspect, audit, and handle violations related to environmental protection concerning activities of investors constructing and operating technical infrastructure in EPZs, S&T Zones, and Industrial Parks and production, business, and service establishments within EPZs, S&T Zones, and Industrial Parks.

6. Take the lead in disseminating and popularizing environmental protection laws, raising awareness about environmental protection among investors constructing and operating technical infrastructure in EPZs, S&T Zones, and Industrial Parks and production, business, and service establishments within EPZs, S&T Zones, and Industrial Parks.

7. Receive and resolve disputes and suggestions regarding the environment between production, business, and service establishments in EPZs, S&T Zones, and Industrial Parks; take the lead and coordinate with relevant agencies to resolve disputes and suggestions regarding the environment between production, business, and service establishments in EPZs, S&T Zones, and Industrial Parks and external parties; receive and resolve complaints and denunciations regarding the environment in EPZs, S&T Zones, and Industrial Parks according to their authority.

8. Perform other tasks according to their authority or as authorized by law.

Article 29. Responsibilities of the People's Committee at the district level

1. Confirm environmental protection commitments and investment projects in SEZs, S&T Parks, Industrial Parks, and IPZs within their authority.

2. Direct the inspection and supervision of trial operation plans for waste treatment facilities of investment projects in IPZs before they officially commence operations within their authority.

3. Direct the work of inspection, audit, handling violations of environmental protection laws; resolve disputes, complaints, denunciations, and suggestions regarding environmental protection for IPZs within the district's jurisdiction within their authority.

4. Support, rescue, and remedy environmental incidents for production, business, and service establishments within IPZs.

5. Perform other tasks within their authority or as delegated under the provisions of the law.

Article 30. Responsibilities of the Management Agency of Industrial Parks

1. Direct, guide, and urge investors to construct and operate technical infrastructure of IPZs, production, business, and service establishments within their management jurisdiction to comply with the provisions of this Circular and other laws on environmental protection.

2. Direct investors to construct technical infrastructure of IPZs to develop plans to prevent and respond to environmental incidents and implement measures to address environmental incidents within their management jurisdiction.

3. Coordinate with functional agencies to supervise, inspect, and audit environmental protection in IPZs during project evaluation, construction, and operational phases within their authority.

4. Receive and resolve disputes and suggestions about environmental protection among production, business, and service establishments within IPZs; coordinate with functional agencies to resolve disputes and suggestions about environmental protection between these establishments and external parties; receive and resolve complaints and denunciations about environmental protection within IPZs within their authority.

5. Propose and recommend to competent state agencies the handling of cases violating the provisions of this Circular and other laws on environmental protection.

Article 31. Responsibilities of the Authority Approving Environmental Impact Assessment Reports

1. Send the original Decision approving the environmental impact assessment report of investment projects constructing and operating technical infrastructure in SEZs, S&T Parks, Industrial Parks, and IPZs, and the Decision approving the environmental impact assessment report of production, business, and service investment projects in SEZs, S&T Parks, Industrial Parks, and IPZs to the project investor, SEZ, S&T Park, Industrial Park, and IPZ management boards, provincial People's Committees, and Provincial Departments of Natural Resources and Environment where the projects are implemented.

2. Examine and compare design and construction files of environmental treatment works with the approved environmental impact assessment reports of projects. When discovering inconsistencies, notify the project investor in writing within seven working days from receipt of the file to adjust and supplement.

3. Receive and process proposals and suggestions from organizations and individuals related to implementing environmental protection contents and measures during the construction of environmental treatment works of projects.

4. Organize inspections and supervision of trial operation of waste treatment works of projects after receiving the trial operation plan from the project investor and confirm the results of trial operation of waste treatment works of projects.

5. Retain and manage all files and documents for reviewing environmental impact assessment reports and post-review activities of environmental impact assessment reports submitted by the project investor, relevant agencies, and individuals.

Chapter VII

INSPECTION, AUDIT, SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 32. Inspection and Audit

1. State management agencies for environmental protection at all levels within their powers and responsibilities shall conduct regular or spot inspections and audits on environmental conditions of organizations and individuals involved in environmental activities in SEZs, S&T Parks, Industrial Parks, and IPZs according to the law.

2. SEZ, S&T Park, Industrial Park, and IPZ Management Boards have the responsibility to cooperate with state management agencies for environmental protection at all levels to conduct inspections and audits in SEZs, S&T Parks, Industrial Parks, and IPZs under their management according to current laws.

3. Environmental Police participate and cooperate in conducting audits and inspections of environmental protection in SEZs, S&T Parks, Industrial Parks, and IPZs according to the Joint Circular No. 02/2009/TTLT-BCA-BTNMT dated February 6, 2009, issued by the Ministry of Public Security and the Ministry of Natural Resources and Environment on guiding cooperation in preventing and combating crimes and violations of environmental protection laws.

4. Inspection and audit results on the environment are sent to inspected entities as a basis for remedying violations; simultaneously sent to state management agencies for environmental protection at all levels and local authorities as a basis for monitoring and directing resolution.

Article 33. Handling complaints and reports regarding the environment

Every organization and individual has the right to lodge complaints and reports with state management agencies responsible for environmental protection and related agencies concerning violations of laws on environmental protection and the provisions of this Circular. The agency receiving the complaint or report shall have the responsibility to examine and resolve it in accordance with the law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 34. Handling existing issues

1. Industrial parks (IPs), science and technology parks (STPs), export processing zones (EPZs), and coastal economic zones (CEZs) that are already operating but do not yet have centralized wastewater treatment plants must proceed to construct and complete their operation before December 31, 2010.

2. Production, business, and service establishments currently operating within the IPs, STPs, EPZs, and CEZs mentioned in Clause 1 of this Article shall be responsible for:

a) Treating wastewater to meet national technical standards for the environment before discharging it into the environment;

b) Connecting their wastewater treatment systems to the industrial wastewater collection network when the centralized wastewater treatment plant of the IP, STP, EPZ, or CEZ begins operation, unless they meet the conditions for exemption from connection as stipulated in Article 45 of Decree No. 88/2007/NĐ-CP dated May 28, 2007 of the Government on urban drainage and industrial wastewater.

Article 35. Effective Date

1. This Circular takes effect from September 1, 2009.

2. Decision No. 62/2002/QĐ-BKHCNMT dated August 9, 2002 of the Minister of Science, Technology, and Environment on the issuance of the Environmental Protection Regulations for Industrial Parks ceases to be effective from the date this Circular takes effect.

Article 36. Responsibility for Implementation

1. Relevant ministries and sectors, People's Committees at all levels, the General Department of Environment, Departments of Natural Resources and Environment, Management Boards of IPs, STPs, EPZs, Management Agencies of CEZs, investors constructing and operating infrastructure in IPs, STPs, EPZs, and CEZs, and owners of production, business, and service establishments operating in IPs, STPs, EPZs, and CEZs shall be responsible for implementing this Circular.

2. The General Department of Environment shall be responsible for inspecting and urging the implementation of this Circular.

3. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements./.