Circular No. 13/2010/TT-BGTVT on the management of environmental tasks in the transportation sector funded by state budget funds

CIRCULAR

Regulations on managing environmental tasks in the transportation sector using state budget funds

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Based on the State Budget Law December 16 2002;

Based on the Environmental Protection Law November 29 b) Circular No. 03/2015/TT-BKHĐT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of construction tender 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;

Based on Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law; 0Based on Decision No. 79/2006/QĐ-TTg dated April 14, 2006 of the Prime Minister approving the National Target Program on Energy Efficiency and Rational Use;

Pursuant to Decision No. 135/2009/QĐ-TTg dated November 4, 2009 of the Prime Minister promulgating the Regulations on Management and Implementation of National Target Programs;

Based on Decision No. 158/2008/QĐ-TTg dated December 2, 2008 of the Prime Minister approving the National Target Program on Responding to Climate Change;

The Minister of Transport hereby stipulates regulations on managing environmental tasks in the transportation sector using state budget funds as follows:

This Circular stipulates the management of environmental tasks in the transportation sector using state budget funds including the following stages: planning; organizing implementation

PART I

GENERAL PROVISIONS

Article 1. Scope of application

acceptance; , disseminating results;finalizing accounts expenses, terminating contracts. This Circular applies to organizations and individuals involved in the management

Article 2. Applicability

environmental tasks Explanation of terms in the transportation sector.

Article 3. 1. The agency managing environmental tasks is the Ministry of Transport. language

2. The leading agency implementing (hereinafter referred to as the leading agency) is a legal entity with sufficient conditions and capacity assigned or commissioned by the Ministry of Transport to implement environmental tasks.

3. Environmental tasks are environmental issues that need to be resolved, organized for implementation in the following forms:

a) Tasks, programs, projects for environmental protection using environmental service funds.

b) Programs, projects using state budget funds to implement strategies, programs, plans on: environmental protection, responding to climate change, energy efficiency and rational use.

Forms of managing environmental tasks

Article 4. 1. Environmental tasks must ensure practicality, effectiveness, transparency and be managed through assignment or commissioning.

a) Assignment form: Applied to administrative agencies and public institutions under the Ministry of Transport. b) Commissioning form: Applied to units not falling within the scope specified in point a of Clause 1 of this Article.

2. For the commissioning form: The Environment Department shall coordinate with the Ministry's Office to enter into a commissioning contract with

the leading agency after the task

has been approved in the concept outline specialized agency under the People's Committee of the province/city.The contract model is prescribed in Appendix 3 issued together with this Circular. The Minister of Public Security promulgates this Circular regulating environmental testing 1. Annually, the Ministry of Transport bases on programs, plans, and requirements for state management to issue guidance documents for organizations to register environmental tasks.. 2. The registration dossier for environmental tasks must be submitted to the Ministry of Transport before May 15 of the year prior to the plan, including: The environmental task proposal form prescribed in Appendix 1

Chapter II

SPECIFIC PROVISIONS

Section I

b) The environmental task proposal form specified in Appendix 1 issued together with this Circular.

Article 6. Selection of Environmental Tasks

1. The Environment Department compiles the registrations to submit to the Advisory Council for selecting environmental tasks.

2. The Advisory Council for selecting environmental tasks is established by the Ministry of Transport, consisting of at least seven members representing relevant agencies and experts in related fields. promulgated together with this Circular.

Article 6. Develop plan

3. Based on the opinions of the Advisory Council for selecting environmental tasks, the Environment Department compiles and submits to the Ministry Leadership for consideration and approval of the list of environmental tasks to be implemented in the planned year.

The approval of the list of environmental tasks must be completed before May 31 of the year prior to the planned year.

3. Based on the advisory council's opinion on the selection of environmental tasks, the Department of Environment compiles and submits to the Ministry's leadership for consideration and approval the list of environmental tasks to be implemented in the planning year.

The approval of the list of environmental tasks must be completed before May 31 of the year preceding the planning year.

Article 7. Establishing, reviewing, and detailing the outline and budget for environmental tasks

1. Based on the approved list of environmental tasks, the Department of Environment shall notify the leading agency to establish and detail the outline and budget for each environmental task according to the model specified in Appendix 2 attached to this Circular. send a text message 2A issued together with this Circular.

2. The review of the environmental task outline descriptions shall be carried out as follows:

a) For environmental tasks where the products are issued as legal normative documents, technical standards, or are applied and implemented in specific environmental protection activities (such as: organizing inspection campaigns; organizing training courses, propaganda sessions, seminars; convening councils; operating environmental treatment systems; etc.), the Department of Environment shall seek the opinions of relevant experts and managers and organize a review meeting.

b) For environmental tasks not falling within the scope defined in point a, Clause 2 of this Article, the review of the detailed outline shall be conducted through the Review Board.

The Review Board shall be established by the Ministry of Transport including: the Chairman of the Board, one member representing the Financial Department, the Secretary of the Board representing the Department of Environment, and other experts with appropriate expertise.

Responsibilities of the members of the Review Board:

- The Secretary of the Board shall send the detailed outline, budget, and related documents to the Board members five working days before the meeting.

- Members of the Board shall study the files and materials related to the environmental tasks and prepare comments to present at the formal session of the Board.

3. The leading agency shall consider the conclusions of the Review Board at the review meeting to complete the detailed outline and budget for the environmental tasks and submit them to the Ministry of Transport before July 15 of the year preceding the planning year.

Article 8. Consolidating the Budget Plan

The Department of Environment shall consolidate the list and budget of the reviewed environmental tasks and submit them to the Financial Department for balancing and forecasting, and then submit to the leadership of the Ministry for signature and submission to the Ministry of Finance before July 20 of the year preceding the planning year in accordance with the State Budget Law.

PART II

IMPLEMENTATION

Article 9. Allocation and assignment of state budget estimates

1. Based on the budget plan allocated to the Ministry of Transport, the Financial Department shall lead the coordination with the Department of Environment to balance and develop a budget allocation plan for implementing environmental tasks, and submit it to the leadership of the Ministry for consultation with the Ministry of Finance and decide on the allocation of the budget to units.

2. The Department of Environment shall approve the detailed outline and budget of the environmental tasks allocated the budget in the planning year and coordinate with the Ministry's Office to sign contracts for ordering the implementation of environmental tasks with the leading agency.

3. Environmental tasks included in the planning year's list but without funding shall be retained and prioritized for implementation in the subsequent planning year.

Article 10. Inspection and Evaluation of the Implementation of Environmental Tasks

1. The Department of Environment shall organize periodic inspections, evaluations of the implementation of environmental tasks regarding content, quality, progress, and financial usage; report the results of the inspection to the leadership of the Ministry and propose measures for handling.

2. Every six months, the leading agency must report to the Ministry of Transport on the implementation of environmental tasks according to the model specified in Appendix 4 attached to this Circular.

Article 11. Adjustment of Environmental Tasks

1. When there is a proposal to change or supplement the content of implementing environmental tasks, the leading agency must submit a report in writing to the Ministry of Transport for examination and decision according to the model prescribed in Appendix 5 issued together with this Circular.

2. The management agency will review and adjust the budget, implementation content for environmental tasks that are not carried out according to schedule and content approved in the project outline and signed contracts, or decide to terminate and recover funds in cases of serious violations regarding fund usage, content, and schedule as stated in the approved project outline.

Section III

SETTLEMENT AND DISSEMINATION OF IMPLEMENTATION RESULTS

Article 12. Acceptance of Results

 1. Upon completion, environmental tasks must be accepted and evaluated at the Council , disseminating results; at the grassroots level, the Ministry-level Acceptance Council (or the State-level Acceptance Council as prescribed by law), except for those environmental tasks specified in point a, Clause 2, Article 7.

Examination Board , disseminating results; at the grassroots level established by the head of the leading agency, consisting of at least seven members representing leadership of the leading agency and experts in relevant fields.

The Ministry-level Acceptance Council is established by the Ministry of Transport, consisting of at least seven members representing various agencies involved and experienced experts with appropriate expertise in the content and nature of the environmental tasks. and 2. For environmental tasks specified in point a, Clause 2, Article 7, it is not necessary to organize an Acceptance Council but a report on the implementation results must be submitted to the Ministry of Transport for confirmation. The form

of confirmation of completion of environmental tasks is prescribed in Appendix 6 issued together with this Circular. legal documents Article 13. Organization of Result Evaluation at the Grassroots Level

1. The evaluation of implementation results at the grassroots level shall be conducted within twenty days from the date the leading agency receives the acceptance request from the task leader.

2. The Council

at the grassroots level reviews the content and volume of products; methods of implementation; scientific and technological indicators and environmental requirements of research results; completeness of the report compared to , disseminating results; the approved project outline to evaluate the implementation results. 3. The Council at the grassroots level classifies the implementation results of environmental tasks into one of two levels: "Pass" or "Fail".

environmental tasks evaluated at the "Pass" level are those where at least two-thirds of the attending Council members vote to pass, serving as the basis for evaluating the Ministry-level acceptance. , disseminating results; environmental tasks evaluated at the "Fail" level include the following situations:

4. N |||a) Less than two-thirds of the attending Council members vote to pass.

5. N |||Lack of practical value, overlapping results

c) Provided documents and data are not truthful.

b) d) Unauthorized modification of objectives and implementation content..

The form of the grassroots-level acceptance evaluation sheet and the minutes of the Council

at the grassroots level are prescribed in Appendices 7 and 8 issued together with this Circular.

6. Based on the conclusion of the grassroots-level Acceptance Council, within thirty days from the date of the Council meeting, the task leader , disseminating results; is responsible for completing the product documentation of the environmental task and submitting it to the leading agency.

6. Based on the conclusion of the local-level acceptance council, within thirty days from the date of the council meeting, the head of the environmental task shall be responsible for completing the product dossier of the environmental task and submitting it to the main organizing agency.

Article 14. Organization for Evaluation and Acceptance of Implementation Results at the Ministry Level 1. The evaluation of implementation results at the ministry level shall be conducted within twenty days from the date the management agency receives the request for acceptance of environmental tasks from the leading agency.

2. The Ministry-level Acceptance Council will convene only when at least two-thirds of its members are present.

5 ||| Among them, there must be 6 ||| at least one member providing critical review. 01 Deputy ministers of ministerial-level agencies,y 7 ||| 3. The Council will evaluate through voting.

8 ||| The evaluation form and the minutes of the meeting of the Ministry-level Acceptance Council are specified in Appendixes 9 and 10 issued together with this Circular.

9 ||| 4. In cases where necessary, the Ministry of Transport may seek opinions from experts to have additional grounds for recognizing the results of implementing environmental tasks, ensuring objectivity and accuracy in accordance with the law.

10 ||| Article 15. Submission of Products and Application of Implementation Results of Environmental Tasks

11 ||| 1. Based on the conclusion of the Ministry-level Acceptance Council, within thirty days from the date of the Council's meeting, the leading agency is responsible for completing the product dossier of the environmental task and submitting it to the Ministry (through the Environment Department): one printed copy and one soft copy on a CD; product images (if any); simultaneously summarizing the content of the completed environmental task and posting it on the Ministry of Transport’s website.

12 ||| 2. The Environment Department and the leading agency are responsible for organizing the dissemination and application of the results of implementing environmental tasks in practice. Ministry of Transport 13 ||| Settlement of Expenses 14 ||| 1. Annually, the leading agency is responsible for preparing the final settlement report of expenses according to the fiscal year and sending it to the Ministry of Transport before December 31.

15 ||| 2. In cases where there is remaining unspent funds for implementing environmental tasks or temporarily advanced funds that do not meet the conditions for settlement by December 31, the leading agency or the Ministry Office (in the case of procurement orders) must provide a written explanation of the reasons and request to transfer the funds to the next year, sent to the Finance Department before February 5 of the following year for consolidation and submission to the Ministry of Transport for transfer of the balance in accordance with regulations.

Chapter IV

FINAL ACCOUNTING AND CONTRACT TERMINATION

Article 16.  16 ||| 3. For multi-year environmental tasks, within thirty days from the date of acceptance by the Ministry-level Council, the leading agency is responsible for conducting the settlement of expenses used in the year and compiling a cumulative report of all expenses implemented, while proposing a plan for handling assets purchased from state budget funds.

17 ||| 4. The Finance Department is responsible for organizing the review of the final settlement report for completed environmental tasks and the plan for handling assets purchased from state budget funds, to be submitted to the Minister for approval. 18 ||| Article 17. Liquidation of Procurement Contracts for Implementing Environmental Tasks

19 ||| The Environment Department will cooperate with the Ministry Office to liquidate procurement contracts for implementing environmental tasks signed with the leading agency within ten days from the date of receiving all products of the environmental task as stipulated in Clause 1 of Article 15. The model of the liquidation minutes is specified in Appendix 3 issued together with this Circular.

20 ||| This Circular takes effect the 21 ||| from the date of signature. - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land)..

22 ||| The Ministry Office, heads of departments, and heads of related agencies shall be responsible for implementing this Circular based on their assigned functions and tasks.

23 ||| During the implementation process, if there are any difficulties, agencies and units need to promptly reflect them in writing to the Ministry of Transport for consideration and resolution./.

The Department of Environment will coordinate with the Ministry's Office to terminate the procurement contract for implementing the environmental task that has been signed with the main organizing agency within ten days from the date of receiving all products of the environmental task as stipulated in Clause 1 of Article 15. The Model Termination Agreement is specified in Appendix 3 issued together with this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Implementation

This Circular takes effect detailed 45 dated from the date of signature.

2. State management in the field of notarization; VThe Ministry's Office, Department Heads, and Heads of relevant agencies and units shall be responsible for implementing this Circular based on their assigned functions and tasks.

During implementation, if there are any difficulties, agencies and units should promptly reflect them in writing to the Ministry of Transport for review and resolution./.