Circular No. 10/2024/TT-BNNPTNT Amending and supplementing certain provisions of Circular No. 17/2016/TT-BNNPTNT dated June 24, 2016 of the Minister of Agriculture and Rural Development on guiding the management of environmental tasks under the Ministry of Agriculture and Rural Development

CIRCULAR

Amending and supplementing certain Articles of Circular No. 17/2016/TT-BNNPTNTdated June 24, 2016 issued by the Minister of Agriculture and Rural Development on guiding the management of environmental tasks under the Ministry of Agriculture and Rural Developmentdated December 22, 2022 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;dated November 17, 2020;

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Decree No. dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; dated January 10, 2022 of the Government detailing certain provisions of

On the basis of Law on State Budget June 25, 2015;

On the basis of Environmental Protection Law Article 3 of the Government Decree

Decree No. 163/2016/NĐ-CP December 21, 2016, of the Government detailing implementation of certain provisions of State Budget Law;

Decree No. Decision No. 08/2022/NĐ-CP Article 3 of the Government Decree The Environmental Protection Law;

Pursuant to the proposal of the Director of the Department of Science, Technology and Environment;

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain Articles of Circular No. 17/2016/TT-BNNPTNT dated June 24, 2016 issued by the Minister of Agriculture and Rural Development on guiding the management of environmental tasks under the Ministry of Agriculture and Rural Development.

Article 1. Amending and supplementing certain Articles of Circular No.17/2016/TT-BNNPTNT dated June 24, 2016 issued by the Minister of Agriculture and Rural Development on guiding the management of environmental tasks under the Ministry of Agriculture and Rural Development (referred to as Circular No. 17/2016/TT-BNNPTNT)

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

“Article 2. Interpretation of Terms

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

1. Selecting organizations or individuals to head environmental tasks is the act of the Ministry of Agriculture and Rural Development identifying organizations or individuals with the most suitable capacity and experience to undertake environmental tasks according to the orders of the Ministry of Agriculture and Rural Development through reviewing and evaluating registration files submitted for selection.

2. Directly assigning organizations or individuals to head environmental tasks is the act of the Ministry of Agriculture and Rural Development identifying organizations or individuals with the most suitable capacity, conditions, and expertise to directly undertake environmental tasks.

3. The online meeting method of the advisory council (for selection, direct assignment, and acceptance of environmental tasks) is a method of holding meetings through technological solutions that allow members of the council and attendees at different locations to perform their duties of the council.”

2. Amending and supplementing Clause 4 as follows:

"Article 4. Building a list of environmental tasks

1. Annually in the first quarter or at any time, based on the provisions of Article 3 of this Circular, the Department of Science, Technology and Environment, acting on behalf of the Minister, shall notify in writing to agencies, organizations, and individuals about proposals for ordering environmental tasks for the following year's plan and post them on the Ministry of Agriculture and Rural Development’s electronic portal.

2. Agencies, organizations, and individuals, based on the notification from the Ministry and the provisions of Clause 1 of this Article, shall propose environmental tasks to be sent to the Ministry (through the Department of Science, Technology and Environment) either directly, online, or via postal service. The proposal document follows Model B1.PDX-NVTM issued together with this Circular.

3. Within five working days from the end date of receiving proposals for environmental tasks, the Department of Science, Technology and Environment shall compile, review, and establish a list of proposed environmental tasks.

4. Within five working days from completing the list of proposed environmental tasks, the Department of Science, Technology and Environment shall submit to the Ministry to form an advisory council to determine the list of environmental tasks.

5. Within ten days from the establishment of the Advisory Council to determine the list of environmental tasks, the Department of Science, Technology and Environment shall organize a meeting of the Council to advise on determining the list of environmental tasks to be implemented from the following year. The composition, methods, and principles of operation of the Council are regulated in Clauses 7, 8, and 9 of this Article.

6. Based on the results of the Council's work, within five working days from the end of the meeting, the Department of Science, Technology and Environment shall submit to the Ministry for approval of the list of environmental tasks.

7. Composition of the Council:

The Advisory Council for the List of Environmental Protection Tasks consists of seven or nine members representing relevant departments and units within the Ministry and experts. The Council includes a Chairman, Deputy Chairmen, and Members;

For complex or special environmental tasks, the Department of Science, Technology and Environment shall submit to the Ministry for decision on the number of members and composition of the Council.

8. Methods of Operation of the Council:

a) Sessions of the Advisory Council can be organized in one of the following ways: face-to-face, online, or a combination of both;

b) Sessions of the Council must have at least two-thirds of the Council members present as stipulated in the Decision establishing the Council, including the mandatory presence of the Chairman or the Deputy Chairman authorized (in case the Chairman does not attend) and the Secretary Member. The authorization letter follows Model B4.3.GUQ-NVMT issued together with this Circular.

9. Principles of Operation of the Council:

a) The Council operates on the principle of democracy; each member is individually responsible for the honesty, objectivity, and accuracy of independent advisory opinions and collectively responsible for the Council's final conclusions. Council conclusions are adopted when at least two-thirds of the Council members agree through voting using Models B4.1.PDX-NVMT and B.4.1a-BBKP-NVMT accompanying this Circular;

b) The Council discusses and agrees on the name, objectives, expected products, implementation methods, and priority order of environmental tasks in Model B4.2.BBH-NVMT, the Minutes of the Advisory Council Meeting on the List of Environmental Tasks accompanying this Circular.”

3. Amend and supplement Clause 2 and add Clause 3 of Article 6 as follows:

“2. Individuals registering to participate in selection or direct assignment as the head of environmental tasks must meet the following conditions simultaneously:

a) Having a bachelor’s degree or higher;

b) Have appropriate expertise and have been actively engaged in the related field for at least three years immediately preceding the submission of the application file;

c) Possess the ability to directly implement or organize implementation and have sufficient time to head the environmental task to ensure timely completion and quality;

d) Not fall under the cases specified in Clause 3 of this Article.

3. Individuals falling under any of the following circumstances are not eligible to register to participate in selection or direct assignment to undertake environmental tasks:

a) At the deadline for submitting the application to participate in the selection process and direct assignment, the individual is currently the head of one environmental task;

b) At the deadline for submitting the application to participate in the selection process and direct assignment, the individual has not yet completed the submission of the acceptance request for another environmental task they are responsible for, in accordance with regulations;

c) There have been violations leading to the suspension of the execution of the task they are responsible for within three years from the date of the suspension decision issued by the competent authority.”

4. Amend and supplement Clause 2 of Article 7 as follows:

“2. The application shall be submitted directly or through postal services to the Ministry (through the Department of Science, Technology and Environment). The application includes: one (01) original set (with stamps and signatures) and seven (07) copies, all packed in sealed envelopes marked clearly on the outside with: the name of the task; the name and address of the unit registering to lead the implementation of the task; the full name, address, and phone number of the task leader; the full name and workplace of the main participants and the list of documents included in the application.”

5. Amend and supplement Article 9 as follows:

Article 9. Advisory Council for Selection and Direct Assignment

1. The Department of Science, Technology and Environment shall submit to the Ministry for the establishment of the Advisory Council for Selection and Direct Assignment of Environmental Tasks.

2. The composition of the Council is as stipulated in Clause 7 of Article 4 of this Circular, including two opposing members.

3. Methods and principles of operation of the Council:

a) The methods and principles of operation of the Council are specified in Clauses 8 and 9 of Article 4 of this Circular;

b) Documents serving the advisory council meeting for selection and direct assignment include: Application for selection and direct assignment; decision of the council; review form for applications for selection and direct assignment of environmental tasks according to model B5.PNX-NVMT; evaluation form for applications for selection and direct assignment of environmental tasks according to model B6.PĐG-NVMT; minutes of the selection and direct assignment council meeting for environmental tasks according to model B7.BBH-NVMT and ballot counting minutes according to model B7a.BBKP-NVMT issued together with this Circular;

c) The selection and direct assignment council will score each application out of 100 points. Evaluation forms with scores differing more than 20% from the average score of all members are invalid. In cases where the average score of the application of the organization leading the task reaches 70 points or higher and also proposed the environmental task, the total score of the application will be increased by 10% (ten percent) of its average score.

4. The advisory council recommends organizations and individuals selected to undertake environmental tasks when meeting the following conditions simultaneously:

a) Having an application evaluated with the highest average score and must reach 70 points or higher, with no criterion receiving zero points from more than one-fourth of the advisory council members;

b) For applications with the same average score, priority is given in the following order:

Priority is given to applications proposing less state budget funding;

Priority is given to those who have led environmental tasks rated as Achieved within five years prior to the registration date for the task;

For applications with the same priority above, priority is given to applications with a higher average score regarding the content and implementation plan of the organization leading and responsible for the environmental task;

The council discusses and provides comments (if necessary) on the winning application: issues that need to be supplemented or revised; main products with corresponding economic and technical indicators that must be achieved; estimated budget for implementing the environmental task; points to note for completing the application.”

6. Amending and supplementing Article 12 as follows:

Article 12. Approval of the Outline and Signing of the Contract for Implementing Environmental Tasks

1. Before July 31 each year, the Department of Science, Technology and Environment and the Financial Department approve the outline of environmental tasks based on the Decision approving the list and budget for environmental tasks issued by the Ministry.

2. In cases where the leading organization or individual is not a budgetary unit under the Ministry: the Office of the Ministry, the Department of Science, Technology and Environment, acting on behalf of the Minister, signs the contract for implementing environmental tasks according to model B9.HĐ-NVMT issued together with this Circular.

7. Amend and supplement the name of Section III of Chapter II as follows:

“Section III

REPORTING, INSPECTION, ADJUSTMENT OF ENVIRONMENTAL TASKS AND EVALUATION, ACCEPTANCE OF RESULTS OF IMPLEMENTATION OF ENVIRONMENTAL TASKS”.

8. Amend and supplement Article 13 as follows:

“Article 13. Reporting, Inspection, and Adjustment of Environmental Tasks

1. Every six months once or at any time, the organization or individual primarily responsible for environmental tasks shall submit a written report on the implementation of such tasks to the Department of Science, Technology, and Environment using the form B10.BCĐK-NVMT issued together with this Circular.

2. The Department of Science, Technology, and Environment shall take the lead, coordinate with relevant units, and consult experts if necessary, to organize regular inspections and evaluations of the implementation of environmental tasks at least once a year, excluding ad hoc inspections. The inspection records of the implementation of environmental tasks shall be made according to the form B11.BBKT-NVMT issued together with this Circular.

3. Adjustment of Implementation of Environmental Tasks:

a) The organization primarily responsible for environmental tasks shall directly send, or through postal services, a written request for adjustment to the Department of Science, Technology, and Environment.

b) Within ten working days from the date of receipt of the written request for adjustment, the Department of Science, Technology, and Environment shall take the lead, coordinate with relevant units if necessary, to submit to the Ministry for consideration and decision on adjusting the following cases:

Time of Implementation: At least thirty days before the end of the implementation period of the environmental task, the organization primarily responsible for the task shall submit a written request for adjustment of the implementation time to the Department of Science, Technology, and Environment. Extension of the implementation time of the environmental task can only be done once, with the extended period not exceeding twelve months for tasks with an implementation period of twenty-four months or more, and not exceeding six months for tasks with an implementation period under twenty-four months.

Task Leader: Can be adjusted in the following cases: retirement according to regulations; transfer of job position; long-term study or work over six months; illness or disease preventing the ability to manage research activities (with confirmation from a competent health authority); violation of financial management principles; failure to complete the schedule and content as ordered without justifiable reasons or violation of laws requiring suspension of work. The replacement task leader must meet the provisions of Clause 2 and Clause 3 of Article 6 of this Circular.

Name, Objectives, Products, and Total Budget: Adjustments are made through consultation with the Council. The composition, method, and principles of operation of the Council are carried out according to the provisions of Clause 7, Clause 8, and Clause 9 of Article 4 of this Circular, prioritizing members who have participated in the advisory council for selecting and directly assigning environmental tasks. Based on the meeting minutes of the Council, the Department of Science, Technology, and Environment shall submit to the Ministry for consideration and decision on adjustments.

c) Within ten working days from the date of receipt of the written request for adjustment, the Department of Science, Technology, and Environment shall take the lead, coordinate with the Financial Department to review and adjust the content and cooperating units in the project outline of the environmental task without changing the objectives, products, and total budget of the environmental task;

d) The organization primarily responsible for the environmental task may independently adjust the participating members of the task and bear legal responsibility for such adjustments."

9. Amend and supplement Clause 4, Clause 5, Clause 6, and add Clause 7 of Article 14 as follows:

"4. Acceptance Time, Number of Files, and Deadline for Submission of Acceptance Files

The organization primarily responsible for the environmental task shall submit eight sets of files (one original and seven copies) to the Department of Science, Technology, and Environment within thirty days from the end of the implementation period of the environmental task as decided in the approved list and budget for implementing the environmental task or extension document (if any).

The acceptance process must be completed within a maximum of thirty days from the date the Department of Science, Technology, and Environment receives complete and valid files.

5. Acceptance Council

The Department of Science, Technology, and Environment shall submit to the Ministry for decision on establishing the acceptance council for the environmental task. The composition of the Council is specified in Clause 7 of Article 4 of this Circular, including two opposing members.

6. The method and principles of operation of the Acceptance Council are stipulated in Clause 8 and Clause 9 of Article 4 of this Circular.

7. Documents for acceptance include: acceptance files; decision on establishment of the council; evaluation form for acceptance of environmental tasks according to the form B15.PNXNT-NVMT; assessment form for acceptance of environmental tasks according to the form B16.PĐGNT-NVMT; meeting record of the acceptance council for environmental tasks according to the form B17.BBNT-NVMT and ballot counting record for acceptance of environmental tasks according to the form B17a.BBKP-NVMT issued together with this Circular.

The Acceptance Council will evaluate the results of the implementation of the environmental task at one of three levels: "Pass", "Pass but requires revision and supplementation", and "Fail"."

10. Add Article 14a as follows:

“Article 14a. Review of environmental mission products

1. For environmental mission products (manuals, technical guidelines, technical procedures, economic and technical norms...) that need to be accepted and promulgated by the competent authority according to requirements, the main organizing body shall submit the product documentation and file to the Department of Science, Technology and Environment for review thirty days before the end of the mission.

Within five working days from the date of receipt of the request for review, the Department of Science, Technology and Environment shall take the lead and coordinate with relevant agencies to establish a Review Board at the Ministry level. The composition of the Board is specified in Clause 7, Article 4 of this Circular, including two opposing members.

2. The method and principles of operation of the Environmental Mission Product Review Board shall be implemented in accordance with the provisions of Clauses 8 and 9, Article 4 of this Circular.

3. Documents serving the review of environmental mission products include: Report on the preparation of the draft product; Draft product; Summary of explanations and adoption of opinions from related organizations and individuals; decision on establishment of the board; comment form according to Model B19.PNX-NVMT; review form according to Model B20.PTĐ-NVMT; and minutes of the review board meeting according to Model B21.BB-NVMT issued together with this Circular.

The Environmental Mission Product Review Board shall recommend the competent authority to issue the product for approval at one of three levels: "Approved", "Approved with modifications and supplements", and "Not approved".

Article 2. Repeal, replace, supplement some provisions and appendices of Circular No.17/2016/TT-BNNPTNT as follows:

1. Repeal Clause 4, Article 11; the phrase "General Department" in Clause 2, Article 16; repeal the phrase "and approve" in the title of Article 11.

2. Replace the phrase "Within ten working days" with the phrase "Within seven working days" in Clause 1, Article 8; replace the term "explanation" with the term "outline".

3. Replace the phrase "Ministry's Information Center and Statistics Center" with the phrase "Digital Transformation and Agricultural Statistics Center" in Clause 1, Article 15; replace the phrase "Environmental Mission Management Agency" with the phrase "Department of Science, Technology and Environment".

4. Replace Models B3.TM-NVMT, B4.BBMHS-NVMT, B5.PNX-NVMT, B6.PĐG-NVMT, B7.BBH-NVMT, B7a.BBKP-NVMT, B8.BBTĐ-NVMT, B10.BBKT-NVMT, B11.BBKT-NVMT, B14.BCTK-NVMT, B16.PĐGNT-NVMT, B17.BBNT-NVMT with Models B3.ĐC-NVMT, B4.BBMHS-NVMT, B5.PNX-NVMT, B6.PĐG-NVMT, B7.BBH-NVMT, B7a.BBKP-NVMT, B8.BBTĐ-NVMT, B10.BBKT-NVMT, B11.BBKT-NVMT, B14.BCTK-NVMT, B16.PĐGNT-NVMT, B17.BBNT-NVMT issued together with this Circular.

5. Supplement Models B4.1.PĐX-NVMT, B.4.1a-BBKP-NVMT, B4.2.BBH-NVMT, B4.3.GUQ-NVMT, B19.PNX-NVMT, B20.PTĐ-NVMT, B21.BB-NVMT issued together with this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from September 16, 2024.

2. Environmental missions approved before the effective date of this Circular shall continue to be implemented in accordance with the laws applicable at the time of submission of the application.

3. During implementation, if there are any difficulties, agencies, organizations, and individuals shall promptly report in writing to the Ministry of Agriculture and Rural Development (through the Department of Science, Technology and Environment) for consideration, amendment, and supplementation.