Circular No. 13/2010/TT-BTNMT on the Vietnam Environmental Award

CIRCULAR

Provisions on the Vietnam Environment Award

_______________________________

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Environmental Protection environment on November 29, 2005; on November 29, 2005;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Decree No. 04/Decree No. 2009/NĐ-CP dated January 14, 2009 of the Government on incentives and support for environmental protection activities;for incentives and support for environmental protection activities;

Considering the proposal of the General Director of the Environmental Administration, the Head of the Department of Mobilization and Reward, and the Head of the Legal Department,

REGULATIONS

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the Vietnam Environment Award; qSpecifies criteria, scoring scales, forms, procedures, and processes for awarding and organizing the presentation of the Vietnam Environment Award Vietnam Environment.

Article 2. Applicability

This Circular applies to organizations, individuals, communities domestic and foreign entities (hereinafter referred to as organizations and individuals) with outstanding achievements outstanding in the cause of environmental protection in Vietnam.

Article 3. Definitions

Some terms in this Circular are understood as follows:

1. Organization: Administrative agencies, public service units, enterprises, social organizations, political-social-professional organizations within the country, and foreign organizations with legal personality operating legally in the territory of Vietnam.

2. Individual: Vietnamese citizens or foreign citizens with capacity for civil acts who are not under temporary detention or serving a sentence according to the law.

3. Community: Groups of residents living on the territory of Vietnam.

Article 4. Forms and Structure of the Award

1. The Vietnam Environment Award (hereinafter referred to as the Award) is a form of commendation by the Minister of Natural Resources and Environment for organizations, individuals, and communities.

2. The Award Vietnam Environment is the only official award granted by the Minister of Natural Resources and Environment to organizations, individuals, and communities with outstanding achievements in the cause of environmental protection in Vietnam.

3. The Award includes three types: Organizational Award, Individual Award, and Community Award.

4. The Award consists of a Certificate of Merit from the Minister of Natural Resources and Environment, the Emblem of the Award, and monetary reward.

5. The number of Awards presented each time shall not exceed fifty awards for all three types. The specific number of awards for each type shall be decided. Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: the Ministry of Natural Resources and Environment resolution.

6. The Award is considered and announced every two years, on World Environment Day (June 5).

Article 5. Principles of Awarding

1. The process of awarding must ensure accuracy, transparency, fairness, democracy, and timeliness based on a correct assessment of the effectiveness and achievements in the field of environmental protection by organizations, individuals, and communities.

2. The Award recognizes and honors the achievements of organizations, individuals, and communities in the cause of environmental protection up to the time of presenting the Award.

3. Organizations, individuals, and communities that have been awarded the previous Award shall not be eligible for the Award.

Article 6. Rights and Obligations of Organizations, Individuals, and Communities Receiving the Award

1. Organizations, individuals, and communities receiving the Award shall be entitled to receive the Certificate of Merit from the Ministry Ministry of Science and Technology of Natural Resources and Environment, the Emblem of the Award, and monetary reward.

2. Organizations, individuals, and communities receiving the Award may announce and promote through mass media or other forms of publicity; they may use the Emblem of the Award on their products and publications and enjoy other preferential benefits as prescribed by law.

3. It is strictly prohibited to sell, lease, lend, or give away the Award, except for displaying it in the traditional room of the unit, locality, or sector where the organization, individual, or community receiving the Award is a member.

Chapter II

FIELD AND CONDITIONS FOR PARTICIPATION IN THE AWARD CONSIDERATION

Article 7. Field of Consideration

The fields for consideration for the Vietnam Environment Award include:

1. Education, training, and environmental communication.

2. Research and implementation of scientific and technological results into environmental protection.

3. Response, remediation of incidents, reduction of pollution, restoration, and improvement of the environment.

4. Management and treatment of waste.

5. Solutions for protecting, rational use, and development of natural resources.

6. Conservation of biodiversity and biosafety.

7. Response to climate change.

8. State management of environmental protection.

Article 8. Conditions for Consideration

Organizations, individuals, and communities registering to participate in the award consideration must meet the following conditions:

1. For organizations

a) Have been operating, producing, or trading continuously in Vietnam for at least 4 (four) years, up to the time of registration for award consideration, without violating the provisions of the Law on Environmental Protection and other laws of Vietnam.

b) Voluntarily register or be introduced to participate in the award consideration by an agency, association, political or social organization, or occupational group.

c) Achieve outstanding results recognized by society, successfully resolve at least one specific environmental issue or promote progress in environmental protection activities within one of the fields specified in Article 7 of this Circular for award consideration.

d) Not have received the same award in the same field proposed for consideration in the previous award cycle.

2. For individuals and communities

a) Not violate the provisions of the Law on Environmental Protection and other laws of Vietnam for at least 2 (two) years, up to the time of registration for award consideration (applicable only to individuals).

b) Voluntarily register or be introduced to participate in the award consideration by an agency, association, political or social organization, or occupational group (applicable to individuals); be introduced to participate in the award consideration by an agency, association, political or social organization, or occupational group (applicable to communities).

c) Achieve outstanding results, serving as exemplary models followed by others within one of the fields specified in Article 7 of this Circular for award consideration.

d) Not have received the same award in the same field proposed for consideration in the previous award cycle.

Article 9. Criteria and Scoring for Award Consideration

Organizations, individuals, and communities will be considered for the award based on the following criteria and scoring system:

1. For organizations

a) Contribution to the cause of environmental protection: maximum 40 points;

b) Economic and social effectiveness: maximum 30 points;

c) Scale and scope of impact: maximum 15 points;

d) Continuity and duration of impact: maximum 10 points;

đ) Achievements in environmental protection in mountainous, remote, and island areas: additional 5 points;

2. For individuals and communities

a) Contribution to the cause of environmental protection: maximum 40 points;

b) Economic and social effectiveness: maximum 30 points;

c) Exemplary nature and community influence: maximum 15 points;

d) Creativity: maximum 10 points;

đ) Achievements in environmental protection in mountainous, remote, and island areas; people with disabilities, ethnic minorities: additional 5 points.

Chapter III

THE PERMANENT OFFICE AND THE AWARD CONSIDERATION BOARD

Article 10. Permanent Office

The General Department of Environment is the Permanent Office of the Award, responsible for coordinating with the Department of Mobilization and Awards and related units under the Ministry of Natural Resources and Environment to perform the following tasks:

1. Develop and implement plans for disseminating and promoting information about the Award.

2. Lead and coordinate with the Vietnam Natural Resources and Environment Newspaper and the Environment Magazine to organize the launch, guide, and direct organizations, individuals, and communities to participate in the award consideration according to legal regulations.

3. Announce the award criteria; organize the receipt of award consideration application files; submit to the Minister of Natural Resources and Environment for the establishment of the Award Consideration Board and the list of organizations, individuals, and communities recommended for the award; organize the announcement and presentation of the award; announce the priority topics and fields for the next award.

Article 11. The Award Consideration Board

1. The Award Consideration Board is established by the Minister of Natural Resources and Environment (hereinafter referred to as the Board). The number of Board members shall not be less than 15. The Board assists the Minister of Natural Resources and Environment in selecting organizations, individuals, and communities with outstanding achievements in the cause of environmental protection to be submitted to the Minister for consideration and decision to grant the award.

2. The Board consists of the Chairman, Vice Chairmen, and Board members, specifically as follows:

a) Leaders of the Ministry of Natural Resources and Environment, Chairman of the Board;

b) Director of the General Department of Environment, Permanent Vice-Chairman of the Board;

c) Head of the Department of Mobilization and Awards, Vice-Chairman of the Board;

d) Representative of the Ministry of Science and Technology, member;

đ) Representative of the Vietnam Chamber of Commerce and Industry, member;

e) Representative of Vietnam Television, member;

g) Director of the Vietnam Environmental Protection Fund, member;

h) Leader of the Inspectorate of the Ministry of Natural Resources and Environment, member;

i) Other members of the Board include some scientists and managers from relevant fields for award consideration; representatives of some management agencies, media and communication agencies, research and implementation agencies, and political, social, and occupational organizations related to the award consideration work.

3. Board members shall not be individuals or members of organizations or communities whose award consideration application files are accepted.

4. The Secretariat assists the Award Consideration Board. The Secretariat is established by the Director of the General Department of Environment.

5. The Chairman of the Board or the Permanent Vice-Chairman of the Board presides over Board meetings. The Board operates collegially. At least two-thirds (2/3) of the Board members must attend each meeting. Decisions of the Board are valid only if at least three-quarters (3/4) of the present Board members agree.

6. The Chairman of the Board may delegate authority to the Permanent Vice-Chairman of the Board to manage the Board's operations; the Chairman of the Board is responsible for reporting to the Minister of Natural Resources and Environment on the Board's work results and recommendations regarding the award.

Chapter IV

AWARD CONSIDERATION

Article 12. Application Files for Award Consideration

The application file for award consideration (hereinafter referred to as the Application File) includes:

1. Registration form to participate in the award consideration according to Form No. 1a (for organizations), 1b (for individuals), and 1c (for communities) attached to this Circular.

2. The achievement report according to the criteria for awarding the Prize stipulated in Article 9 of this Circular shall be prepared in Form No. 2a (for organizations), 2b (for individuals), and 2c (for communities) attached to this Circular. The achievement report must be confirmed by the Ministry managing the sector or confirmed by the Department of Natural Resources and Environment of the province or centrally-administered city where the organization, individual, and community have outstanding achievements in environmental protection.

3. Documents proving achievements and results applied in practice within the fields for awarding the Prize as specified in Article 7 of this Circular.

4. An environmental impact assessment report or an environmental protection commitment that has been approved by the competent authority; confirmation of compliance with the requirements of the decision approving the environmental impact assessment report before the project officially commences operation (only required for production businesses; to be presented when submitting the application, not included in the content of the file). 5. Annual environmental monitoring results compiled in accordance with the provisions of the law.

6. Two (02) 3x4-inch photographs of the individual, the emblem of the organization, or a photograph of the organization's staff team, and documents, photos, and video discs proving the outstanding achievements of the organization, individual, and community in environmental protection activities (if available). 7. Procedure for awarding the Prize. 1. The application file must be sent to the Prize’s Permanent Office (the General Department of Environment) before March 1st of the year in which the Prize is awarded.

2. The General Department of Environment is responsible for receiving and checking the validity of the application file; in cases where the application file is incomplete, the General Department of Environment will request the organization, individual, or community to supplement and complete it within a period of

Article 13. 20 (twenty)

working days from the date of receipt of the application file.

3. The General Department of Environment will classify the application files according to each field for awarding the Prize and transfer them to the Council members at least 10 (ten) working days prior to the first meeting of the Council.

4. The awarding process of the Prize will be conducted in 2 (two) rounds:

Round 1: The Council divides into groups according to each field for awarding the Prize; the Chairman of the Council decides on the division of groups and allocation of files to each group. Members of the group receiving the files will conduct evaluation, discussion, and scoring of each file according to the criteria stipulated in Article 9. After reviewing, summarizing, and calculating the average score for each file, the groups will compile and prepare a list of organizations and individuals with an average score of over 70 points for further consideration in Round 2.

Round 2: The Council works collectively to review each file with a score above 70 compiled and submitted by the Secretariat. Members of the Council will conduct evaluation, discussion, and scoring of each file according to the criteria stipulated in Article 9. this Circular. The difference in scores between Council members for the same file must not exceed 20 points; if the difference in scores for the same file exceeds 20 points, the Council will discuss and adopt the average score through voting. After reviewing, summarizing, and calculating the average score for each file, the Council will prepare a list of organizations and individuals recommended for the Prize in descending order of their scores. 5. Based on the selection results of the Council, the Prize’s Permanent Office (the General Department of Environment) will coordinate with the Standing Committee of the Ministry of Natural Resources and Environment’s Competition and Reward Board to complete the recommendation file for the Minister of Natural Resources and Environment to decide on awarding the Prize.

Round 2: The Council works collectively to review each application with scores above 70 compiled by the Secretariat and presented to the Council. Members of the Council conduct evaluations, discussions, and scoring of each application according to the criteria set forth in Article 9. this Circular.

The difference in scores between Council members for the same application must not exceed 20 points; if the score difference for the same application exceeds 20 points, the Council will discuss and adopt the average score calculation method through voting. After reviewing, summarizing evaluations, and calculating the average score for each application, the Council compiles a list of recommended awardees for organizations and individuals in descending order of their scores.

5. Based on the selection results of the Council, the Permanent Office of the Award (the General Department of Environment) collaborates with the Standing Committee for Competition and Rewards of the Ministry of Natural Resources and Environment to complete the nomination dossier for the Minister. The Minister of Natural Resources and Environment decides to confer the Award.

Article 14. Organization of the Award Presentation Ceremony

1. The Environmental General Department is the lead agency responsible to the Minister of Natural Resources and Environment for organizing the Award presentation ceremony. The Award presentation ceremony shall be conducted solemnly, widely publicized through mass media, and ensure the recognition of organizations, individuals, and communities with outstanding achievements in environmental protection in Vietnam.

2. The Award presentation ceremony shall be organized after the Minister of Natural Resources and Environment decides to present the Vietnam Environmental Award on World Environment Day (June 5) of the year in which the Award is being conferred.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 15. Funding

1. The funds for organizing and presenting the Award shall be allocated from the environmental program budget, the Vietnam Environmental Protection Fund, and other donations for the following activities:

a) Activities of the Award Council, the Permanent Office of the Award, and the Secretariat;

b) Designing Bemblems and badges Bemblems of the Award and printing Certificates of Merit;

c) Organizing the Award presentation ceremony;

d) Prize money accompanying ofthe Award.

2. The acceptance, management, and utilization of sponsorship funds shall be carried out in accordance with current regulations.

3. Organizations and individuals receiving applications for the Award shall not contribute funds to organize the Award presentation and related activities.

Article 16. Revocation of the Award

1. The Minister of Natural Resources and Environment may decide to revoke the Award that has been presented based on the level of violation committed by organizations, individuals, and communities in the following cases:

a) Discovery of fraudulent behavior during the Award nomination process;

b) Within a period of 4 (four) years (for organizations) and After reviewing, summarizing, and calculating the average score for each file, years (for individuals) from the date of receiving the Award, organizations and individuals violate legal provisions affecting the image and reputation of the Award.

2. The Permanent Office of the Award may propose the Minister of Natural Resources and Environment to convene a meeting of the Council to consider revoking the Award; based on the results of the Council meeting, the Permanent Office of the Award compiles a list of organizations, individuals, and communities proposed for revocation of the Award to submit to the Minister of Natural Resources and Environment for consideration and decision.

3. The revocation of the Award shall be publicly announced through mass media.

Article 17. Effective Date

This Circular takes effect from September 15, 2010, and replaces Decision No. 02/2004/QĐ-BTNMT dated March 1, 2004, of the Minister of Natural Resources and Environment regarding the Environmental Award.

Article 18. Implementation Organization

1. The Environmental General Department shall take the lead and coordinate with the Department of Mobilization and Reward to be responsible for guiding the implementation of this Circular.

2. During the implementation process, if there are difficulties or obstacles, agencies, units, organizations, and individuals shall promptly report to the Ministry of Natural Resources and Environment for consideration and resolution./.