Decree No. 127/2014/ND-CP on conditions for organizations operating environmental monitoring services

DECREE

Article 24stipulates the conditions for organizations engaged in environmental monitoring services.g

_______________________

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

Pursuant to the Environmental Protection Law on June 23, 2014;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Law on Science and Technology dated June 18, 2013;

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

The Government issues a Decree to specify the conditions for organizations engaged in environmental monitoring services.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree sets forth the conditions for engaging in environmental monitoring services; the dossier and procedures for issuing, extending, amending the content, reissuing, temporarily suspending the effectiveness, revoking, and canceling the Certificate of Eligibility for Environmental Monitoring Services.

Article 2. Applicability

This Decree applies to environmental management agencies, organizations engaged in environmental monitoring services (hereinafter referred to as organizations) within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Environmental monitoring activities include on-site monitoring activities and environmental analysis activities.

2. On-site monitoring activities include sample collection, measurement, testing, and analysis of parameters at the site or sample preservation and transportation back for parameter analysis in the laboratory.

3. Environmental analysis activities include sample processing and parameter analysis in the laboratory.

4. Organizations engaged in environmental monitoring services include:

a) Enterprises established under the Enterprise Law;

b) Scientific and technological organizations established under the Science and Technology Law;

c) Environmental public service organizations established and operating under Government Decree No. 55/2012/NĐ-CP dated June 28, 2012, concerning the establishment, restructuring, and dissolution of public service units.

Chapter II

CONDITIONS FOR ISSUING THE CERTIFICATE OF ELIGIBILITY FOR ENVIRONMENTAL MONITORING SERVICES

ENVIRONMENTAL MONITORING SERVICE ACTIVITIES

Article 4. Certificate of Eligibility for Environmental Monitoring Services

1. The Certificate of Eligibility for Environmental Monitoring Services is issued to organizations conducting on-site monitoring activities when they meet the conditions specified in Article 8 of this Decree.

2. The Certificate of Eligibility for Environmental Monitoring Services is issued to organizations conducting environmental analysis activities when they meet the conditions specified in Article 9 of this Decree.

3. The Certificate of Eligibility for Environmental Monitoring Services has a validity period of 36 months from the date of issuance and may be extended multiple times, with each extension not exceeding 36 months.

Article 5. Contents of the Certificate

1. The Certificate of Eligibility for Environmental Monitoring Services includes the following main contents:

a) Name of the organization, address, and head of the organization;

b) Field and scope covered by the Certificate;

c) Date of issuance and validity of the Certificate;

d) Issuing authority of the Certificate.

2. The Ministry of Natural Resources and Environment specifies the model of the Certificate.

Article 6. Competence of state agencies in assessing the conditions for environmental monitoring services; issuing, extending, amending the content, reissuing, temporarily suspending the effectiveness, revoking, and canceling the Certificate of Eligibility for Environmental Monitoring Services

1. The Ministry of Natural Resources and Environment has the authority to issue, extend, amend the content, reissue, temporarily suspend the effectiveness, revoke, and cancel the Certificate of Eligibility for Environmental Monitoring Services.

2. The Ministry of Natural Resources and Environment details the assessment of conditions for environmental monitoring services according to Articles 8 and 9 of this Decree.

Article 7. Fees and charges for requesting certification of eligibility to operate environmental monitoring services

1. Organizations requesting certification of eligibility to operate environmental monitoring services must pay the fee for assessing the conditions for operating environmental monitoring services and must pay the charge when obtaining, extending, amending the content, and reissuing the Certificate of Eligibility to Operate Environmental Monitoring Services in accordance with the provisions of the law.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to stipulate the fee for assessing the conditions for operating environmental monitoring services and the charge for issuing, extending, amending the content, and reissuing the Certificate of Eligibility to Operate Environmental Monitoring Services in accordance with the provisions of the law.

Article 8. Conditions for Issuing the Certificate of Eligibility to Operate Environmental Monitoring Services in the Field of On-Site Monitoring

Organizations that are issued the Certificate of Eligibility to Operate Environmental Monitoring Services in the field of on-site monitoring must meet the following conditions:

1. Having a Decision on Establishment or a Certificate of Scientific and Technological Activities or a Business Registration Certificate or an Investment Certificate issued by the competent state management agency which includes environmental monitoring activities.

2. Meeting the conditions regarding human resources for conducting on-site monitoring activities as follows:

a) The head of the organization must have a bachelor's degree or higher;

b) Having sufficient number of personnel to conduct on-site monitoring activities according to the environmental components and monitoring parameters requested for certification;

c) Must have a person directly responsible for the on-site monitoring team who has a bachelor's degree or higher in one of the fields of environment, chemistry, biology, forestry, soil science, nuclear physics, radiation, geography, geology, and having at least 24 months of experience in the field of environmental monitoring;

d) Personnel conducting on-site monitoring must have at least a primary level corresponding to the junior environmental resource monitoring officer rank. Among them, the number of personnel with a primary level does not exceed 30% of the on-site monitoring personnel team.

3. Meeting the conditions regarding equipment, methods, and infrastructure for conducting on-site monitoring activities as follows:

a) Having equipment, tools, and chemicals sufficient to perform sample collection, sample preservation, and on-site measurement, testing, and analysis of environmental monitoring parameters of the proposed environmental components ensuring accuracy and in accordance with the methods prescribed by the Ministry of Natural Resources and Environment;

b) Having procedures for safe storage, use, maintenance, and calibration of equipment in accordance with the regulations of the competent state authority or the manufacturer's regulations;

c) Having procedures for using and operating all sampling, sample preservation, and on-site measurement, testing, and analysis equipment;

d) Equipping all necessary personal protective and occupational safety equipment for workers when performing on-site monitoring tasks;

đ) Having a workplace with sufficient special area to ensure the quality of on-site monitoring work and manage monitoring data and results.

Article 9. Conditions for Issuing a Certificate of Eligibility to Operate Environmental Monitoring Services in the Field of Environmental Analysis

An organization must meet the following conditions to be issued a Certificate of Eligibility to Operate Environmental Monitoring Services in the Field of Environmental Analysis:

1. Having a Decision on Establishment or a Certificate of Scientific and Technological Activities or a Business Registration Certificate or an Investment Certificate issued by the competent state management agency which includes environmental monitoring activities.

2. Having sufficient human resources to carry out environmental analysis activities as follows:

a) The head of the organization must have a bachelor's degree or higher;

b) Having a sufficient number of personnel to perform environmental analysis activities according to the environmental components and analytical parameters proposed for certification;

c) The laboratory manager must have a bachelor's degree or higher in one of the fields of chemistry, environment, biology, soil science, nuclear physics, radiation, geography, geology, and must have at least five years of experience for those with a bachelor's degree, three years of experience for those with a master's degree, and two years of experience for those with a doctoral degree in the field of environmental analysis;

d) The head of the environmental analysis team must have at least a bachelor's degree in one of the fields of chemistry, environment, biology, soil science, nuclear physics, radiation, and must have at least eighteen months of experience in the proposed field of environmental analysis for certification or must be proficient in using at least one specialized piece of equipment in the laboratory;

đ) The person responsible for ensuring quality and quality control in the laboratory must have a bachelor's degree or higher in one of the fields of chemistry, environment, biology, soil science, nuclear physics, radiation, and must have at least three years of experience in the field of environmental analysis;

e) Personnel performing analysis in the laboratory, except for the laboratory manager, the head of the analysis team, and the person responsible for ensuring quality and quality control, must have a diploma or higher education level, trained in the proposed field of environmental analysis for certification.

3. Having sufficient equipment, methods, and facilities to carry out environmental analysis activities as follows:

a) Having equipment, tools, and chemicals sufficient to process samples and analyze environmental parameters of the proposed environmental components for certification, ensuring accuracy and in accordance with the analytical methods prescribed by the Ministry of Natural Resources and Environment;

b) Having procedures for storing, safely using, maintaining, and calibrating analytical equipment in accordance with regulations of competent state agencies or manufacturer specifications;

c) Having procedures for using and operating all environmental analytical equipment;

d) Having all necessary protective equipment and occupational safety measures for personnel performing environmental analysis tasks;

đ) Having procedures for storing, using chemicals, standards, reference samples, and processing and preserving analytical samples in accordance with regulations of competent state agencies or manufacturer specifications;

e) Having a workplace with sufficient special area to ensure the quality of environmental analysis work and must maintain good laboratory environmental conditions (lighting, power supply, humidity, temperature, sterilization, ventilation) as required by the analytical method prescribed by competent state agencies or manufacturer requirements;

g) Having measures to ensure industrial hygiene, fire prevention and extinguishing safety, and strictly comply with the collection, management, and disposal of laboratory waste in accordance with legal provisions.

Article 10. Changing Conditions for Environmental Monitoring Service Operations

1. When there is any change related to the conditions specified in Articles 8 and 9 of this Decree, the organization must notify in writing the Ministry of Natural Resources and Environment within 60 days from the date of the change.

2. Within 15 working days from the date of receipt of the notification letter from the organization, the Ministry of Natural Resources and Environment shall be responsible for reviewing; if the organization no longer meets the required conditions, the Ministry shall revoke and cancel the Certificate issued according to Clause 2, Article 16 of this Decree.

Chapter III

ISSUANCE, EXTENSION, AMENDMENT OF CONTENTS, REISSUANCE, TEMPORARY SUSPENSION, REVOCATION AND CANCELLATION OF THE CERTIFICATE FOR SATISFACTORY CONDITIONS FOR ENVIRONMENTAL MONITORING SERVICE OPERATIONS

 SUSPENSION, REVOCATION AND CANCELLATION OF CERTIFICATES

 CONDITIONS FOR ENVIRONMENTAL MONITORING SERVICE ACTIVITIES

Article 11. Issuance of the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations

1. An organization wishing to participate in environmental monitoring service operations must submit an application for issuance of the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations.

2. The application dossier for issuance of the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations shall be prepared in two sets, each set including:

a) One original copy of the application for issuance of the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations according to Model No. 1 of the Appendix attached to this Decree;

b) One original copy of the organization's capability dossier according to Model No. 2 of the Appendix attached to this Decree.

3. Procedures for issuing the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations:

a) The organization applying for the Certificate shall submit the dossier as prescribed in Clause 2 of this Article directly or through postal service to the Ministry of Natural Resources and Environment;

b) Within three working days from the date of receipt of the dossier, the Ministry of Natural Resources and Environment shall send a receipt of the dossier to the organization applying for certification via postal service if the dossier is complete as prescribed. In case the dossier is incomplete and invalid, the Ministry of Natural Resources and Environment shall be responsible for notifying the organization to know and complete the dossier;

c) Within 45 working days from the date of receipt of the dossier acceptance letter and the fee for assessing the conditions for environmental monitoring service operations, the Ministry of Natural Resources and Environment shall be responsible for assessing and issuing the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations to the organization applying for certification. The assessment content includes reviewing the dossier and evaluating and inspecting the actual situation at the organization;

d) In case the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations is not issued, the Ministry of Natural Resources and Environment shall be responsible for notifying the organization applying for certification in writing and specifying the reasons;

đ) The application dossier for certification of satisfactory conditions for environmental monitoring service operations is only valid for six months from the date of the dossier acceptance letter. If more than six months have passed, when applying for issuance, extension, amendment of contents, reissuance of the Certificate, the organization must prepare a new dossier.

Article 12. Extension of the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations

1. An organization wishing to extend the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations must submit an application for extension before the Certificate expires by at least three months.

2. The application dossier for extension of the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations shall be prepared in two sets, each set including:

a) One original copy of the application for extension of the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations according to Model No. 3 of the Appendix attached to this Decree;

b) One original copy of the organization's capability dossier according to Model No. 2 of the Appendix attached to this Decree;

3. Procedures for extending the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations:

a) The organization applying for extension of the Certificate shall submit the dossier as prescribed in Clause 2 of this Article directly or through postal service to the Ministry of Natural Resources and Environment;

b) Within three working days from the date of receipt of the dossier, the Ministry of Natural Resources and Environment shall send a receipt of the dossier to the organization applying for certification via postal service if the dossier is complete as prescribed. In case the dossier is incomplete and invalid, the Ministry of Natural Resources and Environment shall be responsible for notifying the organization to know and complete the dossier;

c) Within thirty working days from the date of receipt of the dossier acceptance letter and the fee for assessing the conditions for environmental monitoring service operations, the Ministry of Natural Resources and Environment shall be responsible for assessing and extending the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations. The assessment content includes reviewing the dossier and evaluating and inspecting the actual situation at the organization;

d) In case the extension of the Certificate for Satisfactory Conditions for Environmental Monitoring Service Operations is not accepted, the Ministry of Natural Resources and Environment shall be responsible for notifying the organization applying for certification in writing and specifying the reasons.

Article 13. Amendment of Content of Certificate of Eligibility for Environmental Monitoring Services

1. An organization engaged in environmental monitoring services wishing to change the scope and range of on-site monitoring and environmental analysis compared to the content of the Certificate of Eligibility already issued, or when organizations merge and wish to continue operating in the field of environmental monitoring services, must go through the procedure to amend the content of the Certificate of Eligibility for Environmental Monitoring Services.

The content of the Certificate of Eligibility for Environmental Monitoring Services shall not be amended if the Certificate only remains valid for a period of six months.

2. The application dossier for amending the content of the Certificate of Eligibility for Environmental Monitoring Services shall be prepared in two sets, each set including:

a) One original copy of the document requesting amendment of the content of the Certificate of Eligibility for Environmental Monitoring Services according to Model No. 4 of the Appendix promulgated together with this Decree;

b) One original copy of the organization's capability dossier according to Model No. 2 of the Appendix attached to this Decree;

3. Procedure for Amending the Certificate of Eligibility for Environmental Monitoring Services:

a) The organization requesting the amendment sends the dossier as stipulated in Clause 2 of this Article directly or via postal service to the Ministry of Natural Resources and Environment;

b) Within three working days from the date of receipt of the dossier, the Ministry of Natural Resources and Environment shall send a receipt of the dossier to the organization requesting the amendment of the Certificate of Eligibility for Environmental Monitoring Services via postal service if the dossier is complete as prescribed. In case the dossier is incomplete or invalid, the Ministry of Natural Resources and Environment shall notify the organization to be aware and perfect the dossier;

c) Within thirty working days from the date of receipt of the dossier and the fee for assessing the conditions for environmental monitoring services, the Ministry of Natural Resources and Environment shall be responsible for reviewing and amending the content of the Certificate of Eligibility for Environmental Monitoring Services for the organization requesting the amendment. The review content includes examining the dossier and evaluating and inspecting the actual situation at the organization;

d) In case the amendment of the content of the Certificate of Eligibility for Environmental Monitoring Services is not accepted, the Ministry of Natural Resources and Environment shall notify the organization in writing and specify the reasons.

Article 14. Reissue of Certificate of Eligibility for Environmental Monitoring Services

1. The Certificate of Eligibility for Environmental Monitoring Services shall be reviewed and reissued in the following cases:

a) The issued Certificate has been lost;

b) The issued Certificate is torn, damaged and cannot be used.

2. Application dossier for reissuing the Certificate of Eligibility for Environmental Monitoring Services:

a) In case the dossier for requesting certification of eligibility for environmental monitoring services submitted by the organization to the Ministry of Natural Resources and Environment still has value (within six months from the date of receipt confirmation letter), the organization shall prepare and submit one original copy of the document requesting reissuance of the Certificate of Eligibility for Environmental Monitoring Services according to Model No. 5 of the Appendix promulgated together with this Decree; certified true copy of the issued Certificate (if available);

b) In case the dossier for requesting certification of eligibility for environmental monitoring services submitted by the organization to the Ministry of Natural Resources and Environment has expired (more than six months from the date of receipt confirmation letter), the organization requesting certification shall prepare two sets of dossiers, each set including: one original copy of the document requesting reissuance of the Certificate of Eligibility for Environmental Monitoring Services according to Model No. 5 of the Appendix promulgated together with this Decree; one original copy of the organization's capability dossier according to Model No. 2 of the Appendix promulgated together with this Decree; certified true copy of the issued Certificate (if available).

3. Procedure for Reissuing the Certificate of Eligibility for Environmental Monitoring Services:

a) The organization requesting reissuance sends the dossier as stipulated in Clause 2 of this Article directly or via postal service to the Ministry of Natural Resources and Environment;

b) Within five working days from the date of receipt of the document requesting reissuance of the Certificate of Eligibility for Environmental Monitoring Services of the organization specified in Point a Clause 2 of this Article and the fee for assessing the conditions for environmental monitoring services, the Ministry of Natural Resources and Environment shall be responsible for reviewing and reissuing the Certificate of Eligibility for Environmental Monitoring Services for the organization requesting certification. The review content includes examining the organization's dossier;

c) Within five working days from the date of receipt of the dossier of the organization specified in Point b Clause 2 of this Article, the Ministry of Natural Resources and Environment shall send a receipt of the dossier to the organization requesting certification via postal service if the dossier is complete as prescribed. In case the dossier is incomplete or invalid, the Ministry of Natural Resources and Environment shall notify the organization to be aware and perfect the dossier. Within twenty working days from the date of receipt of the dossier and the fee for assessing the conditions for environmental monitoring services, the Ministry of Natural Resources and Environment shall be responsible for reviewing and reissuing the Certificate of Eligibility for Environmental Monitoring Services for the organization requesting certification;

d) In case the Certificate of Eligibility for Environmental Monitoring Services is not reissued, the Ministry of Natural Resources and Environment shall notify the organization requesting certification in writing and specify the reasons;

đ) In case the Certificate is lost, when the organization is reissued the Certificate of Eligibility for Environmental Monitoring Services but later finds the Certificate, the organization shall be responsible for submitting the found Certificate to the Ministry of Natural Resources and Environment.

Article 15. Temporary suspension of the validity of the Certificate

The Certificate of eligibility for environmental monitoring services shall be temporarily suspended in the following cases:

1. An organization engages in environmental monitoring activities beyond the scope and field specified in the Certificate.

2. An organization uses the Certificate for purposes other than those intended.

3. An organization fails to comply with certification regulations.

4. An organization does not fully comply with technical regulations on procedures and methods of environmental monitoring as prescribed by the Ministry of Natural Resources and Environment; does not maintain quality assurance and quality control programs in environmental monitoring.

Article 16. Revocation and cancellation of the Certificate of eligibility for environmental monitoring services

The Certificate of eligibility for environmental monitoring services shall be revoked and cancelled in the following cases:

1. An organization is prohibited from operating, declared bankrupt, dissolved, divided, or split.

2. An organization no longer meets one of the conditions stipulated in Articles 8 and 9 of this Decree.

3. An organization does not fully comply with technical regulations on procedures and methods of environmental monitoring as prescribed by the Ministry of Natural Resources and Environment; does not maintain quality assurance and quality control programs in environmental monitoring.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect from February 15, 2015. This Decree replaces Government Decree No. 27/2013/NĐ-CP dated March 29, 2013, which stipulates the conditions for organizations engaging in environmental monitoring service activities.

Applications for certification of eligibility for environmental monitoring services that have been received by the Ministry of Natural Resources and Environment for processing before the effective date of this Decree shall be handled according to the laws in force at the time of receipt.

Certificates issued under Government Decree No. 27/2013/NĐ-CP continue to be valid, except where renewal, amendment of content, or reissue is required according to Articles 12, 13, and 14 of this Decree.

Article 18. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment is responsible for guiding, organizing the implementation, and supervising the enforcement of this Decree; resolving issues arising during its implementation within its authority.

2. The Minister, Heads of Ministries equivalent to Ministries, Heads of government agencies, Chairpersons of People's Committees at all levels, and related organizations are responsible for enforcing this Decree.