Circular No. 09/2010/TT-BGTVT on environmental protection in the development of transportation infrastructure

CIRCULAR

Regulations on environmental protection in the development of transportation infrastructure

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Pursuant to the Environmental Protection Law No. 52/2005/QH11 dated November 29, 2005, and related guiding documents;

Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003, and related guiding documents;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government regarding the organization and specialized departments for environmental protection at state agencies and state-owned enterprises;

The Minister of Transport promulgates regulations on environmental protection in the construction of transportation infrastructure as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Circular stipulates activities related to environmental protection in the development of transportation infrastructure.

This Circular applies to agencies, organizations, and individuals involved in the development of transportation infrastructure.

Article 2. Interpretation of Terms

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

1. Environmental protection It refers to activities aimed at maintaining a clean and beautiful environment; preventing and limiting adverse impacts of construction activities on the environment; responding to environmental incidents; remedying pollution and environmental degradation; restoring and improving the environment; rationally and efficiently exploiting and utilizing natural resources; protecting biodiversity in the development of transportation infrastructure.

2. Environmental report It involves the establishment and provision of information related to data on components of the natural environment and natural resources concerning reserves, ecological value, economic value; impacts on the environment; waste, pollution levels, degradation, and other environmental issues due to the construction of transportation infrastructure by agencies, units, and individuals.

Chapter II

ENVIRONMENTAL PROTECTION IN STRATEGIES, PLANS,

PLAN FOR DEVELOPMENT OF TRANSPORTATION INFRASTRUCTURE

Article 3. Environmental protection in strategies, plans, and programs for the development of transportation infrastructure

1. Organizations entrusted with the main responsibility for developing strategies, plans, and programs for the development of transportation infrastructure under the jurisdiction of the Ministry of Transport must conduct strategic environmental assessments according to Decree No. 140/2006/NĐ-CP dated November 22, 2006 of the Government on environmental protection during the stages of planning, reviewing, approving, and implementing strategies, plans, programs, and projects for development; Circular No. 05/2008/TT-BTNMT dated December 8, 2008 of the Ministry of Natural Resources and Environment guiding strategic environmental assessment, environmental impact assessment, and environmental commitment (hereinafter referred to as Circular No. 05/2008/TT-BTNMT).

2. The Ministry of Transport is responsible for organizing the Review Board to assess strategic environmental reports for strategies, plans, and programs for the development of transportation infrastructure according to Decree No. 80/2006/NĐ-CP dated August 9, 2006 (hereinafter referred to as Decree No. 80/2006/NĐ-CP) detailing and guiding the implementation of certain provisions of the Environmental Protection Law and Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain provisions of Decree No. 80/2006/NĐ-CP (hereinafter referred to as Decree No. 21/2008/NĐ-CP).

Chapter III

ENVIRONMENTAL PROTECTION IN INVESTMENT AND CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE

Article 4. Environmental protection during the preparatory phase for investment projects to construct transportation infrastructure

1. The investor of the project to construct transportation infrastructure shall be responsible for preparing an environmental impact assessment report or an environmental protection commitment according to Decree No. 80/2006/NĐ-CP, Decree No. 21/2008/NĐ-CP; Circular No. 05/2008/TT-BTNMT, and implementing environmental protection measures as approved by the competent authority in the environmental impact assessment report or environmental protection commitment.

2. The Ministry of Transport shall be responsible for organizing the review and approval of environmental impact assessment reports for projects within its jurisdiction according to Decree No. 80/2006/NĐ-CP and Decree No. 21/2008/NĐ-CP. For projects not within the approval jurisdiction of the Ministry, the investor shall be responsible for sending a copy of the results of the environmental impact assessment report review conducted by the competent state management agency to the Ministry of Transport before approving the investment project or making an investment decision.

3. The environmental impact assessment report of the project must be included in the tender dossier, and the successful bidder must commit to fully implement the environmental protection contents as approved in the report.

4. The investor of the investment project to construct transportation infrastructure shall be responsible for allocating plans and funds for environmental protection work from the project planning stage onwards, which is considered part of the project. The environmental protection fund of the project includes funds for implementing environmental protection work during the project planning stage and the implementation of the project according to the law.

Article 5. Environmental protection during the implementation of investment projects to construct transportation infrastructure.

1. The investor of the project must guide and require contractors to implement the environmental protection contents committed to in the environmental impact assessment report; the environmental protection commitment of the project as approved.

2. The investor of the project must be responsible for managing environmental protection work during construction activities and perform the following tasks:

a) Regularly inspect compliance with environmental protection regulations according to the project's construction progress;

b) Develop an environmental protection plan to direct regular implementation and timely response to environmental incidents occurring during construction.

c) The environmental protection plan is an important part of the unit's work plan and must be widely disseminated to staff members for awareness and implementation;

3. Contractors and construction units must comply with laws on environmental protection during construction activities; meet environmental standards and norms, and implement environmental protection measures in the environmental impact assessment report or environmental protection commitment.

4. The environmental protection work of contractors and construction units includes the following basic activities:

a) Enhance awareness and build environmental protection consciousness; update and disseminate environmental protection laws to employers and employees;

b) Manage and treat solid waste, liquid waste, exhaust gases (including dust), hazardous waste, general waste, domestic waste, raw materials, fuels used, and other pollution factors from the construction process and project implementation. Wastes must be controlled and treated according to regulations before being discharged into the environment;

c) Implement environmental monitoring, regularly measure pollutants, air, water, noise, vibration, and other environmental pollution factors caused by construction activities during project implementation; implement measures to reduce waste and control pollution as approved in the environmental impact assessment report and environmental protection commitment;

d) Record and retain information on the current status of waste treatment equipment and systems;

đ) Manage hazardous waste according to Circular No. 12/2006/TT-BTNMT dated December 26, 2006, of the Ministry of Natural Resources and Environment on guiding conditions for practice and procedures for establishing files, registering permits for practice, and managing hazardous waste codes, and Decision No. 23/2006/QĐ-BTNMT dated December 26, 2006, of the Ministry of Natural Resources and Environment on issuing a list of hazardous waste;

e) Proactively develop plans, solutions, and facilities and technologies to respond to environmental incidents and mitigate their consequences;

g) Production activities of service establishments during the implementation of investment projects to construct transportation infrastructure should gradually apply cleaner production processes in all construction stages including:

- Managing, maintaining, operating transportation vehicles, construction equipment; preventing leaks and losses of raw materials and fuels to reduce energy loss;

- Researching and applying new advanced and environmentally friendly equipment and technology; improving existing equipment and technology to reduce raw material and fuel consumption to limit the dispersion of pollutants and minimize environmental pollution;

- Reusing and recycling construction waste for immediate beneficial use at the production site; utilizing construction waste combined with scientific research or new technology outcomes to create useful products that meet standards and ensure environmental hygiene;

- Encouraging the rational and efficient exploitation and use of natural building materials economically and ecologically balanced;

- Updating, storing, and reporting environmental data according to Article 7 of this Circular;

h) Ensuring environmental protection requirements according to the approval decision of the environmental impact assessment report or the environmental protection commitment throughout the project implementation process; focusing on post-construction environmental restoration work (also known as environmental restoration work);

i) Encourage contractors and construction units to manage the environment according to ISO 14000 standards

Article 6. Establishment of the Enterprise Environmental Protection Fund

It is encouraged for contractors and construction units to establish an environmental protection fund in accordance with Clause 1, Article 115 of the Law on Environmental Protection.

Chapter IV

ENVIRONMENTAL MONITORING AND REPORTING WORK

Article 7. Reporting System

1. Environmental reports of infrastructure construction projects shall be conducted annually, upon completion of the project, and summarized every five years to serve the compilation of comprehensive environmental reports for the entire sector in the national environmental report.

2. The General Department of Roads, specialized management agencies, project management boards, State-owned corporations, and companies under the Ministry shall be responsible for compiling environmental reports within their jurisdiction regarding the environmental protection situation of infrastructure construction projects.

3. Provincial Departments of Transport under central cities shall be responsible for monitoring and compiling environmental reports of infrastructure construction projects within their jurisdiction and administrative areas.

4. Agencies and units mentioned in Clauses 2 and 3 of this Article shall be responsible for submitting environmental reports of infrastructure construction projects they have implemented or are currently implementing to the Ministry of Transport before December 31 each year (in accordance with the form specified in Appendix 1) for consolidation and reporting as prescribed by law. Reports must be submitted in writing and via email.

5. Contractors and construction units shall be responsible for submitting environmental reports of infrastructure construction projects they implement to the project sponsors for consolidation and reporting as prescribed in Clauses 1, 2, 3, and 4 of this Article (in accordance with the form specified in Appendix 2).

6. In case of emergency, the Ministry of Transport may request contractors and construction units to submit reports or provide information in writing. Units required to report shall be responsible for providing information and responding in writing within ten working days from the date of receipt of the written request from the Ministry of Transport.

Article 8. Information and Content of Environmental Reports by Contractors and Construction Units

1. Annual and emergency environmental reports of contractors and construction units shall not be considered confidential information and must be made public when requested by competent authorities in accordance with the law.

2. Contractors, construction units, and organizations or individuals providing content and information in environmental reports shall bear legal responsibility for the contents and information in the reports as well as the consequences resulting from providing false information.

Article 9. Inspection of Environmental Protection Work for Infrastructure Construction Projects

1. The General Department of Roads, specialized management agencies, project management boards, State-owned corporations, companies under the Ministry, and provincial transport departments must develop inspection plans and implement inspection plans for environmental protection work of infrastructure construction projects within their management scope. The inspection plans of managing agencies and units shall be carried out as follows:

a) Annual inspection plans for environmental protection work of infrastructure construction projects must be developed and reported on their implementation results to the Ministry of Transport;

b) Periodic inspection plans for environmental protection work of infrastructure construction projects must be notified in writing to contractors and construction units at least five working days from the date the unit receives the notification;

c) The inspection content includes compliance with laws and regulations on environmental protection in infrastructure construction activities and the implementation of approved contents in environmental impact assessment reports or environmental protection commitments.

2. In addition to the provisions of Clause 1 of this Article, if necessary, the Ministry of Transport will conduct surprise inspections of environmental protection work implementation by its subordinate agencies and contractors and construction units during the implementation of infrastructure construction projects.

Chapter V

DUTIES AND RIGHTS IN THE IMPLEMENTATION OF ENVIRONMENTAL PROTECTION WORK

Article 10. Responsibilities of Contractors and Construction Units

1. Implement environmental protection work in accordance with the provisions of the law and this Circular.

2. Adhere to inspection, supervision, and reporting systems on environmental protection during infrastructure construction as prescribed by superior management agencies.

3. Strictly implement environmental protection work according to the environmental impact assessment report or the approved environmental protection commitment and the environmental protection content in the project approval decision.

4. Cooperate with local authorities to handle environmental issues arising from infrastructure construction activities.

5. Prevent and limit negative impacts on the environment from construction, installation activities, or production, business, and service activities serving the project.

Article 11. Rights of Contractors and Construction Units

1. Have the right to request the Ministry of Transport to facilitate access to preferential loans from Development Banks, Environmental Protection Fund for investment projects to prevent, reduce, manage, and treat pollution, improve environmental quality, and address environmental incidents in accordance with current regulations.

2. Receive technical support and advisory services during the implementation of waste reduction projects, recycling, and reuse programs; apply quality management systems according to ISO 14001 standards; adopt cleaner production methods; produce and use eco-labeled products and environmentally friendly products under the current mechanism, in compliance with legal provisions.

3. Be supported in enhancing awareness about environmental management, environmental management tools, and information on environmental protection in infrastructure construction activities.

4. Be allowed to advertise their environmentally friendly brand and products free of charge on the website of the Ministry of Transport.

Article 12. Responsibilities of the General Department of Roads, Specialized Management Bureaus, Project Management Boards, and Project Investors

1. Strictly comply with legal provisions on environmental protection and the provisions of this Circular.

2. Promote education and raise awareness among employees in member units regarding environmental protection.

3. Establish dedicated departments or staff responsible for environmental protection in infrastructure construction; report to the Ministry of Transport relevant information concerning their own agency's environmental protection work.

4. Be responsible for directing the implementation of inspection, supervision, monitoring plans, and handling environmental issues arising during the construction process within their jurisdiction.

5. Guide member units to submit environmental status reports according to the model specified in Appendix 2.

6. Develop environmental protection regulations applicable to organizations, units, or individuals involved in construction project activities within their management authority.

Article 13. Responsibilities of Advisory Agencies of the Ministry

1. The Environment Department shall be responsible for guiding the implementation of environmental protection work for projects and works under the responsibility of the Ministry of Transport and the provisions of this Circular, specifically as follows:

a) Coordinate with competent agencies to organize inspections and supervision of compliance with legal provisions on environmental protection for infrastructure construction projects.

b) Report annually to the leadership of the Ministry on the implementation of environmental protection activities in strategies, plans, and development plans for infrastructure that have been approved by authorized bodies.

c) Organize reviews of tasks related to strategic environmental assessments and environmental impact assessments of infrastructure construction projects under the approval authority of the Ministry in accordance with legal provisions.

d) Inspect and supervise compliance with environmental impact assessments for approved infrastructure construction projects.

đ) Confirm that the Project Leader has implemented the contents of the environmental impact assessment report or the decision approving the environmental impact assessment report or supplementary environmental impact assessment report (if any) before the project goes into operation.

e) Guide and approve environmental monitoring plans; monitor and resolve environmental issues throughout the project planning, construction, and operation phases.

g) Resolve environmental issues and protect the environment for foreign-funded infrastructure construction projects under the Ministry's management, ensuring compliance with domestic environmental laws and other requirements of sponsors.

2. The Inspectorate shall lead in coordinating with the Environment Department and related units to inspect and audit compliance with this Circular.

3. The Investment Planning Department shall lead and coordinate with the Environment Department and the Finance Department to allocate plans and funds for environmental aspects of infrastructure construction projects in accordance with current regulations.

4. The Construction Management and Quality Control Bureau shall lead in coordinating with the Environment Department to inspect compliance with environmental protection work; monitor the implementation of environmental monitoring programs and pollution control of projects during the construction phase as proposed in the tender documents approved by the contractor.

Article 14. Responsibilities of local authorities

1. The People's Committees of provinces and centrally governed cities shall direct the Departments of Transport to guide and inspect the implementation of this Circular at contractors and construction units implementing infrastructure construction projects under their management; participate in inspection teams regarding the environment, proactively grasp environmental conditions and developments at construction sites and infrastructure construction projects within their jurisdiction to take appropriate management measures, coordination, and implementation.

2. The Departments of Transport shall have the responsibility to cooperate with relevant parties to develop and implement programs for inspecting environmental protection work and addressing environmental issues of infrastructure construction projects under their authority and jurisdiction.

Chapter VI

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular shall take effect 45 days from the date of signature. Any difficulties encountered during the organization and implementation shall be promptly reported to the Ministry of Transport for consideration and resolution.

Article 16. Responsibility for Implementation

The Heads of the Ministry’s Office, the Inspector General of the Ministry, the Heads of the Departments, the Directors of the General Department of Roads, the Heads of specialized agencies, the Heads of agencies, the Directors of the Departments of Transport, and related organizations and individuals are responsible for enforcing this Circular./.