Consolidated Document number 16/VBHN-BTNMT stipulates administrative penalties for violations in the field of meteorology, hydrology, surveying, and mapping.

CIRCULAR

Technical regulations for assessing dredged material and determining areas for marine disposal
of dredged material in Vietnam's territorial waters

Circular No. 28/2019/TT-BTNMT dated December 31, 2019, issued by the Minister of Natural Resources and Environment, stipulates technical regulations for assessing dredged material and determining areas for marine disposal of dredged material in Vietnam's territorial waters, which took effect from February 18, 2020, and was amended and supplemented by:

Circular No. 23/2022/TT-BTNMT dated December 26, 2022, issued by the Minister of Natural Resources and Environment, amending and supplementing certain provisions of Circular No. 28/2019/TT-BTNMT dated December 31, 2019, issued by the Minister of Natural Resources and Environment, stipulating technical regulations for assessing dredged material and determining areas for marine disposal of dredged material in Vietnam's territorial waters, which took effect from February 14, 2023.

Pursuant to the Law on Marine Resources, Environment, and Islands of 2015; Pursuant to the Law on Environmental Protection of 2014;

Pursuant to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing a number of provisions of the Law on Marine Resources and Environment;

Pursuant to Decree No. 159/2018/NĐ-CP dated November 28, 2018, of the Government on managing dredging activities in inland waterways and port waters;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director General of the Vietnam Administration of Seas and Islands, the Head of the Science and Technology Department, and the Head of the Legal Department.

The Minister of Natural Resources and Environment issues this Circular stipulating technical regulations for assessing dredged material for marine disposal and determining areas for marine disposal of dredged material in Vietnam's territorial waters.^[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates technical regulations for assessing dredged material for marine disposal and determining areas for marine disposal of dredged material in Vietnam's territorial waters.

Article 2. Applicability

This Circular applies to state management agencies, organizations, and individuals, both domestic and foreign, related to activities of assessing dredged material for marine disposal and determining areas for marine disposal of dredged material in Vietnam's territorial waters.

Article 3. Principles for applying monitoring, analysis, and evaluation methods for dredged material for marine disposal and determining areas for marine disposal

Clause 1. The application of monitoring, analysis, and evaluation methods for dredged material for marine disposal and determining areas for marine disposal must comply with the methods prescribed in this Circular and current national technical standards and specifications.

Clause 2. In cases where international standard methods, regional standard methods, or foreign standard methods not provided for in this Circular have equivalent or higher accuracy, they will be considered and accepted for use.

Clause 3. In cases where the monitoring, analysis, and evaluation methods for dredged material for marine disposal and determining areas for marine disposal prescribed in this Circular are amended, supplemented, or replaced by new methods, the new methods shall be applied.

Article 4. Explanation of terms and abbreviations

The terms and abbreviations in this Circular are understood as follows:

Point 1. Dredged material for marine disposal (hereinafter referred to as dredged material) is the substance obtained from dredging operations under the seabed in inland waterways, port waters, and Vietnam's territorial waters that need to be disposed of at sea.

Point 2. Bioavailability level of pollutants is the ratio of pollutants in dredged material absorbed by a particular species of organism through different contact routes.

Point 3. Biological accumulation of pollutants in dredged material is the increase in pollutant concentration in the body of organisms over time.

Point 4. Habitat is an ecological space where environmental conditions define the indefinite existence and development of individuals and species.

Point 5. Adjacent area is the sea area near the dredging area, the disposal area of dredged material, and affected by hydrodynamic processes, material dispersion due to dredging, transportation, and disposal of dredged material at sea.

Point 6. QCVN: National technical regulation.

Point 7. ASTM: Abbreviation for "American Society for Testing and Materials," the American Society of Materials and Testing.

Point 8. USEPA: Abbreviation for "United States Environmental Protection Agency," the United States Environmental Protection Agency.

Point 9. OSWER: Abbreviation for "Office of Solid Waste and Emergency Response," the Office of Solid Waste and Emergency Response within the United States Environmental Protection Agency.

Chapter II. TECHNICAL REGULATIONS FOR ASSESSING DREDGED MATERIAL FOR MARINE DISPOSAL

Article 5. Content of dredged material evaluation

1. Evaluation of the characteristics, physical properties, and pollutant content in the dredged material.

2. Evaluation of the sedimentation and precipitate-forming ability of pollutants in the dredged material.

3. Evaluation of the biological availability level of pollutants in the dredged material.

4. Evaluation of the toxicity of pollutants in the dredged material.

5. Evaluation of the biological accumulation potential of pollutants in the dredged material.

Article 6. Steps for evaluating dredged material

1. Collecting, investigating information, documents, and data related to the evaluation of dredged material.

2. Sampling dredged material.

3^[2]. (is repealed).

4. Analyzing and testing dredged material:

a) Evaluating the characteristics, physical properties, and pollutant content in the dredged material;

b) Evaluating the sedimentation and precipitate-forming ability and the level of biological availability of pollutants in the dredged material;

c) Evaluating the toxicity of pollutants in the dredged material;

d) Evaluating the biological accumulation potential of pollutants in the dredged material.

5. Synthesizing the results of the dredged material evaluation.

Article 7. Collection and investigation of information, documents, and data related to the evaluation of dredged material

1. The contents of information, documents, and data to be collected and investigated include:

a) Information, documents, and data on the location, coordinates, depth, topography of inland waterways, port waters, seabed of the dredging area;

b) Information, documents, and data on natural conditions, meteorological, hydrological, marine, and environmental characteristics of the dredging area;

c) Information on the purpose of dredging; area, volume, quantity, depth, and time of dredging; equipment serving dredging activities;

d) Information on previous dredging history (if any), including: location, area, volume, quantity, and time of dredging; results of previous dredged material evaluations;

đ) Information, documents, and data on the exploitation and utilization of the dredging area; economic and ecological values of natural resources in the dredging area; issues related to resource exploitation, utilization, and environmental pollution that have occurred in the dredging area;

e) Other relevant information (if any).

2. Sources of information, documents, and data for evaluating dredged material:

a) Information, documents, and data from the Statistical Yearbook of the General Statistics Office, Ministries, sectors, and Provincial Statistics Offices;

b) Information, documents, and data from strategic environmental assessment reports and environmental impact assessments of projects and dredging activities;

c) Other information, documents, and data related to dredging activities provided by competent state agencies according to regulations;

d) Monitoring data on natural resources and the environment from global, regional, national monitoring systems, and those of Ministries, sectors, and localities;

đ) Results of provincial, ministerial, and national-level scientific research programs that have been accepted;

e) Information, documents, and data from surveys, investigations, and scientific research activities in the dredging area.

3. Information, documents, and data related to the evaluation of dredged material collected and investigated according to Clause 1 and Clause 2 of this Article shall be used to synthesize, evaluate, and serve sampling of dredged material as stipulated in Article 8 of this Circular.

4^[3]. (is repealed).

Article 8. Sampling of dredged material

1. Selection of parameters for sampling of dredged material:

a) Evaluate and determine sources and activities that have the potential to cause pollution and adversely affect the environment in the dredging area based on the results of compiling and assessing information, documents, and data related to the evaluation of dredged material as stipulated in Article 7 of this Circular;

b) Determine parameters for sampling of dredged material, including: Physical parameters: including the particle size distribution of dredged material with depth up to the dredging depth; water and solid content in dredged material; specific gravity of dredged material;

Chemical and radioactive parameters: including pollutant parameters in dredged material as specified in Appendix 01 issued together with this Circular;

Biochemical and biological parameters: including parameters for assessing toxicity and bioavailability of pollutants in dredged material.

2^[4]Number of sampling locations for dredged material:

The number of sampling locations is determined based on the volume of dredged material. The minimum number of sampling locations is prescribed in Appendix 03 issued together with this Circular; for maintenance dredging with a volume of dredged material of 500,000 m³ or more, the minimum number of sampling locations is 14.

3. Layout of sampling location network is constructed in the following sequence:

a)^[5] Based on the number of sampling locations determined in Clause 2 of this Article, divide the dredging area into square grids such that the total number of grid cells is at least five times the number of sampling locations;

b) Select sampling locations within each grid cell using a random method combined with an assessment of the degree and uniformity of areas containing pollutants or having a high potential to contain pollutants;

c) Indicate the coordinates of sampling locations on a topographic map of the dredging area at a scale of 1:5,000 or larger established according to current regulations on surveying and mapping.

4. Sampling depth, sample volume, and number of samples required at each location:

a) Sampling depth is the dredging depth;

b) Sample volume is determined based on the groups of analysis parameters specified in Appendix 04 issued together with this Circular;

c)^[6] The minimum number of samples required at one location is one sample; if the dredging area has multiple sediment layers from the seabed to the end of the dredging depth, at least one sample must be taken from each sediment layer at the sampling location.

5^[7]Requirements for sampling, processing, storage, preservation, and transportation of samples shall be carried out in accordance with Circular No. 10/2021/TT-BTNMT dated June 30, 2021, issued by the Minister of Natural Resources and Environment on environmental monitoring techniques and management of monitoring information and data quality; and Circular No. 57/2017/TT-BTNMT dated December 8, 2017, issued by the Minister of Natural Resources and Environment on technical guidelines for comprehensive investigation and survey of marine resources and environment at depths of 20 meters or more using ships.

Article 9^[8] . (is repealed)

Article 10. Evaluation of the composition characteristics and physical properties of dredged material, pollutant content in dredged material

1. Evaluate and determine the particle size distribution of dredged material with depth up to the dredging depth; water and solid content in dredged material; specific gravity of dredged material.

2^[9]Conduct analysis of dredged material in accordance with Circular No. 10/2021/TT-BTNMT dated June 30, 2021, issued by the Minister of Natural Resources and Environment on environmental monitoring techniques and management of monitoring information and data quality to determine the pollutant content in dredged material.

3. Compare the analysis results of pollutant content in dredged material with the pollutant content thresholds specified in Appendix 01 issued together with this Circular.

a) In case the pollutant content in dredged material is lower than the thresholds specified in Appendix 01 issued together with this Circular, compile the results and include them in the Submarine Disposal Project content;

b) In case the pollutant content in dredged material exceeds the thresholds specified in Appendix 01 issued together with this Circular but is below the values specified in QCVN 43:2017/BTNMT on sediment quality issued pursuant to Circular No. 78/2017/TT-BTNMT dated December 29, 2017, of the Minister of Natural Resources and Environment (referred to as QCVN 43:2017/BTNMT), conduct tests to evaluate the settling and sedimentation capacity of pollutants in dredged material and test the bioavailability of pollutants in dredged material as stipulated in Article 11 of this Circular.

Article 11. Evaluation of sedimentation and deposition capacity of pollutants in dredged material and evaluation of the bioavailability level of pollutants in dredged material

1. Testing for the sedimentation and deposition capacity of pollutants in dredged material and testing for the bioavailability level of pollutants in dredged material aims to assess the proportion of pollutants present in the dredged material that can be absorbed by organisms.

2. The number of sampling locations, sampling methods, and frequency of sampling are specified as follows:

a) The minimum number of sampling locations for testing the sedimentation and deposition capacity of pollutants in dredged material and testing the bioavailability level of pollutants in dredged material is stipulated in Appendix 05 issued together with this Circular;

In cases where the dredging area includes sub-regions selected for testing and evaluating pollution levels, these sub-regions must be chosen as sampling locations;

If there are test results on the sedimentation and deposition capacity of pollutants in dredged material within three years from the time of dredging and these results are representative of the dredging area without new sources of pollution, such results may be used for evaluation. If not, samples should be taken again at representative areas using random sampling combined with stratified random sampling methods and the sedimentation and deposition capacity of pollutants in dredged material should be tested according to Clause 3 of this Article;

b) Sampling methods and frequency of sampling shall be carried out in accordance with Circular No. 24/2017/TT-BTNMT.

3. Testing for the sedimentation and deposition capacity of pollutants in dredged material shall be conducted in the following sequence:

a) Mix the dredged material sample with seawater taken from the proposed disposal site in a ratio of 1:4 (one part of the dredged material sample with four parts of seawater). Shake thoroughly at room temperature laboratory for 30 minutes and allow the sample to settle for one hour.

b) Separate the supernatant obtained after settling according to Point a of this Clause to evaluate the concentration of dissolved pollutants, the concentration of pollutants in suspended solids, and the total concentration of pollutants in the supernatant. Analytical parameters to evaluate the concentration of pollutants are specified in Appendix 02 issued together with this Circular.

Analysis of the concentration of dissolved pollutants in the supernatant is conducted after centrifuging or filtering with a filter membrane size of 0.45 micrometers within one hour based on the selection of the sedimentation and deposition capacity testing method for pollutants in dredged material according to the current national standard method. In cases where the sedimentation and deposition capacity testing method for pollutants in dredged material is not included in the current national standards, USEPA-503/8-91/001 guidelines shall be applied.

c) Evaluate the concentration of pollutants based on comparing the analysis results according to Point b of this Clause with the values prescribed in QCVN 10-MT/2015/BTNMT on seawater quality issued by Circular No. 67/2015/TT-BTNMT dated December 21, 2015 of the Minister of Natural Resources and Environment (referred to as QCVN 10-MT/2015/BTNMT).

If the concentration of pollutants is lower than the value prescribed in QCVN 10-MT/2015/BTNMT, conduct testing for the bioavailability level of pollutants in dredged material according to Clause 4 of this Article.

If the concentration of pollutants exceeds the value prescribed in QCVN 10-MT/2015/BTNMT, compile the results and incorporate them into the Submarine Disposal Project content.

4. Evaluation of the bioavailability level of pollutants shall be conducted in the following sequence:

a) Pollutants requiring bioavailability assessment are specified in Appendix 01 issued together with this Circular;

b) Based on the pollutants identified in Point a of this Clause, select the method for conducting the bioavailability assessment of pollutants in dredged material according to the current national technical standards and regulations. In cases where the method for conducting the bioavailability assessment of pollutants in dredged material is not included in the current national standards, apply the guidance of US EPA 910/R96-002, US EPA 9200.1-86, OSWER 9285.7-77, OSWER 9200.3-51;

c) Based on the results of the bioavailability assessment of pollutants in dredged material according to the methods specified in Point b of this Clause, compare with toxicity assessment requirements and proceed with the assessment according to Article 12 of this Circular.

Article 12. Evaluation of the toxicity of pollutants in dredged material

1. The evaluation of the toxicity of pollutants in dredged material shall be conducted with selected organisms based on the following factors:

a) Frequently exposed to sediment in the proposed disposal area; sensitive to pollutants potentially present in the dredged material;

b) Capable of tolerating physical and chemical conditions of the dredged material;

c) Suitable for exposure methods and toxicity endpoints; compatible with standardized procedures and quality assurance to ensure comparability of results between laboratories;

d) Able to be collected from cultivation sites or field; easy to preserve in laboratory; easy to identify; having a life cycle from short to medium length;

đ) Of ecological and economic value; wide geographical distribution; native species or have similar ecological niches to the species of interest in the proposed disposal area.

2. Select testing methods for evaluating the toxicity of pollutants in dredged material according to the methods prescribed in current national technical standards and regulations. In cases where such methods are not included in current national technical standards and regulations, apply the guidelines ASTME1367-99, ASTME1525-02, ASTME139L-03, ASTME1706-05, ASTME1367-03.

3. Evaluate the degree of toxicity of pollutants in dredged material as follows:

a) If the number of individuals affected is less than or equal to 10% of the total number tested, conduct biological accumulation tests of pollutants in dredged material as provided for in Article 13 of this Circular;

b) If the number of individuals affected exceeds 10% of the total number tested, compile the results and include them in the Submarine Disposal Project content.

Article 13. Evaluation of the biological accumulation potential of pollutants in dredged material

1. Select evaluation methods for the biological accumulation potential of pollutants in dredged material according to the methods prescribed in current national technical standards and regulations. In cases where such methods are not included in current national technical standards and regulations, apply the guidelines ASTM E1688-00a (2007) of the American Society for Testing and Materials.

2. Based on the results of the evaluation of the biological accumulation potential and toxicity testing of pollutants in dredged material as stipulated in Article 12 of this Circular, compile the results and include them in the Submarine Disposal Project content.

TECHNICAL PROVISIONS FOR DETERMINING SUBMARINE DISPOSAL AREAS FOR DREDGED MATERIAL IN THE SEA

Chapter III. Article 14. Content for determining submarine disposal areas for dredged material

1. Assess the physical, chemical, and biological characteristics of proposed disposal areas for dredged material.

2. Evaluate the impact of dredged material disposal activities on marine resources, environment, ecosystems, and socio-economic, defense, and security activities in the proposed disposal areas and adjacent regions.

3. Determine the coordinates of boundaries and areas of marine zones used for dredged material disposal.

3. Determine the coordinates of the boundary and the area of the marine zones used for the disposal of dredged materials.

Article 15. Steps to determine areas for disposal of dredged materials

1. Collecting and compiling information, documents, and data to serve the determination of potential areas for disposal of dredged materials.

2. Proposing feasible areas for disposal of dredged materials.

3. Conducting detailed evaluations of proposed areas for disposal of dredged materials.

4. Comparing, selecting, and determining potential areas for disposal of dredged materials.

Article 16. Collection and compilation of information, documents, and data to serve the determination of potential areas for disposal of dredged materials

1. Information, documents, and data to serve the determination of potential areas for disposal of dredged materials must meet the following requirements:

a) Collected from officially recognized statistical sources, ensuring reliability and accuracy;

b) Updated to the latest available at the time of determining potential areas for disposal of dredged materials.

2. Sources of information, documents, and data to serve the determination of potential areas for disposal of dredged materials:

a) Information, documents, and data from the Statistical Yearbook of the General Statistics Office, Ministries, sectors, and Provincial Statistics Offices;

b) Information, documents, and data from environmental impact assessment reports and strategic environmental assessment reports of projects and activities related to dredging and disposal of dredged materials in the sea;

c) Other relevant information, documents, and data on dredging and disposal of dredged materials in the sea up to the time of determining potential areas for disposal provided by competent state agencies according to regulations;

d) Monitoring data on natural resources and the environment from global, regional, national monitoring systems, and those of Ministries, sectors, and localities;

đ) Results of provincial, ministerial, and national-level scientific research programs that have been accepted;

e) Information, documents, and data from research, surveys, and investigations to serve the determination of potential areas for disposal of dredged materials.

3. Information, documents, and data to be collected and compiled:

a) General information about potential areas for disposal of dredged materials including: location, coordinates of the area, distance to the coast, islands, and dredging areas, area size, depth;

b) Characteristics of the water body in potential areas for disposal of dredged materials and adjacent areas, including: depth; seasonal stratification characteristics and other weather conditions; wave, wind, tidal, and marine current characteristics; temperature, salinity, pH, and dissolved oxygen variations with depth; suspended solids, turbidity, or clarity of the water body;

c) Information, documents, and data on seabed characteristics including: seabed topography; sediment grain size distribution; seabed sediment transport, deposition, erosion characteristics; sediment chemistry; representative seabed images and videos of the area;

d) Information, documents, and data on ecosystems in potential areas for disposal of dredged materials and adjacent areas including: general information on species in potential areas for disposal of dredged materials; soft-bottom and hard-bottom mollusk communities; soft-bottom and hard-bottom fish communities; distribution of specific ecosystems such as coral reefs and seagrass beds;

đ) Current environmental status of potential areas for disposal of dredged materials;

e) History of disposal of dredged materials; information on equipment and means of transporting dredged materials to disposal sites;

g) Marine resource exploitation and utilization activities in potential areas for disposal of dredged materials and adjacent areas;

h) Other relevant information, documents, and data.

Article 17. Proposing feasible areas for disposal of dredged materials

1. Proposed marine areas for disposal of dredged materials must meet the following requirements:

a) Not causing harmful impacts on human health or national economic development potential; minimizing adverse effects on the environment, marine ecosystems, and fisheries resources according to legal provisions;

b) Not affecting the safe operation of port facilities and shipping lanes, offshore oil installations, submarine cables, and legitimate marine resource exploitation and utilization activities of organizations and individuals according to legal provisions;

c) Not impacting national defense, security, sovereignty, jurisdictional rights, and national interests in the maritime domain.

2. Proposing feasible areas for disposal of dredged materials based on the following factors:

a) Ensuring balance between costs for disposal, benefits obtained, and the goal of protecting the marine environment;

b) Sea weather conditions by season and types, technical specifications of vessels and equipment used for transporting and disposing of dredged materials;

c) Current maritime safety regulations;

d) Costs for transportation and construction of disposal of dredged materials;

đ) Administrative boundaries and relevant maritime boundaries;

e) Capability for monitoring, surveillance, and observation of disposal areas.

3. The boundaries and area of proposed marine areas for disposal of dredged materials are determined by a closed line consisting of straight segments connecting specific coordinate points and are represented by a marine area diagram on a seabed topographic map with appropriate scale.

Article 18. Detailed assessment of proposed areas for disposal of dredged materials

1. Assess the characteristics, physical, chemical, and biological properties of the proposed areas for disposal of dredged materials as specified in Article 19 of this Circular.

2. Evaluate the extent of impact of the disposal of dredged materials on resources, environment, marine ecosystems, and socio-economic, defense, and security activities in the proposed areas for disposal and adjacent regions as specified in Article 20 of this Circular.

Article 19. Assessment of characteristics, physical, chemical, and biological properties of the proposed areas for disposal of dredged materials

1. General information about the proposed areas for disposal of dredged materials includes:

a) Administrative geographical location; coordinates, boundaries, area of the proposed disposal area;

b) History of disposal of dredged materials in the proposed area and adjacent regions;

c) Exploitation and utilization activities of marine resources and the environment that have occurred or are currently taking place in the proposed disposal area and adjacent regions that may affect sediment quality;

d) Characteristics or activities in the proposed disposal area that could cause impacts on the spread and movement of sediments;

đ) Information, documents, data on oil spills, toxic chemicals in the proposed disposal area and adjacent regions.

2. The characteristics, physical, chemical, and biological properties of water masses in the proposed disposal area and adjacent regions include:

a) Detailed seabed topography in the proposed disposal area and adjacent regions;

b) Forecast of water temperature, salinity at the time of disposal of dredged materials and seasonal changes over time of these characteristics;

c) Forecast of bottom turbidity, dissolved oxygen and natural fluctuations of these characteristics at the time of disposal; fluctuations over time, seasonally of these characteristics;

d) Evaluation of seasonal currents, tidal characteristics, wave regime, and water rise and fall characteristics in the proposed disposal area and adjacent regions; evaluation of the dispersion capacity of dredged materials in the proposed disposal area and adjacent regions;

đ) Living areas and spatial and temporal variations of marine species in these areas;

e) Description of fishery resources including known sensitive species, habitats in the dredging area, proposed disposal area, and adjacent regions.

3. The characteristics, physical, chemical, and biological properties of sediments in the proposed disposal area and adjacent regions include:

a) Particle size distribution, moisture content, and total organic carbon;

b) Content of pollutants in sediments according to current national technical standards on sediment quality;

c) Benthic community characteristics in the proposed disposal area and adjacent regions;

d) Bioaccumulation of heavy metals, persistent organic compounds, pesticides, and other pollutants.

Article 20. Assessment of the extent of impact of the disposal of dredged materials on resources, environment, marine ecosystems, and socio-economic, defense, and security activities in the proposed disposal areas and adjacent regions

1. Develop scenarios for the disposal of dredged materials including the following elements:

a) Maximum total amount of dredged material expected to be disposed of in the proposed area, measured in tons or cubic meters;³;

b) Rate of disposal of dredged materials over time, measured in tons/hour or cubic meters/hour;³c) Duration of each disposal operation and frequency of operations over time;

đ) Average speed of the vessel used for disposal of dredged materials, measured in nautical miles/hour or kilometers/hour;

đ) Disposal route within the proposed disposal area;

e) Total time required to complete the disposal activity at sea.

2. Evaluate the impacts of the disposal of dredged materials on resources, environment, marine ecosystems, including:

a) Impacts on the seabed, water mass, marine ecosystems in the proposed disposal area and adjacent regions according to the characteristics and properties specified in Point b, c, d Clause 3 Article 16 of this Circular;

b) The assessment and prediction of impacts and effects of the disposal of dredged materials can use models simulating the dispersion, spread, transformation, and conversion of pollutants in dredged materials and their impacts on marine resources, environment, and islands according to the disposal scenarios determined as provided for in Clause 1 of this Article;

The application of simulation models is regulated in Article 21 of this Circular.

3. The assessment of the extent of impact of the disposal of dredged materials on socio-economic, defense, and security activities in the proposed disposal areas and adjacent regions for each socio-economic, defense, and security activity is stipulated in Appendix 06 issued together with this Circular.

3. The assessment of the degree of impact of the disposal of dredged materials on economic, social activities, national defense, and security in the proposed disposal areas and adjacent regions for each specific economic, social activity, national defense, and security shall be specified in Appendix 06 issued together with this Circular.

Article 21. Application of Simulation Models for the Dispersion, Spread, Transformation, and Metabolism of Pollutants in Dredged Materials and Their Impacts on Marine Resources and Island Environments

1. Based on specific calculation and simulation requirements, conditions for applying models, and practical information and data available, analyze and select simulation models for the spread, transformation, and metabolism of pollutants in dredged materials and their impacts on marine resources and island environments.

2. Procedures for Applying Models:

a) Prepare information and data for calculations;

b) Process topographic documents to establish models;

c) Construct computational domains and grids;

d) Set boundary conditions;

đ) Set initial conditions;

e) Establish basic model parameters;

g) Connect hydraulic dynamic models with models simulating the spread, transformation, and metabolism of pollutants in marine and island environments;

h) Calibrate and determine parameter sets for the model;

i) Validate and assess the reliability of model results;

k) Develop, calculate, and simulate scenarios;

l) Prepare reports on calculation results.

3. Evaluation of Model Accuracy and Suitability

The evaluation of model accuracy and suitability must be conducted during calibration and determination of parameter sets for the model; validation and assessment of the reliability of model results as stipulated in Points h and I, Clause 2 of this Article shall follow the following procedures:

a) Visual assessment through comparison of actual measurement data series and modeled data series; compare the synchronization between the two data series;

b) Calculate and determine the correlation degree between actual measurement data series and modeled data series;

c) Calculate the model efficiency coefficient according to the following formula:

Where:

E: model efficiency coefficient;

N: length of the characteristic data series calculated and simulated in the model;

O: actual measured value of the characteristic calculated and simulated in the model;

Otb: average value of the actual measurement data series;

S: calculated and simulated characteristic values;

d) Based on visual assessment results, conduct quantitative assessment according to the provisions of Points a, b, and c of this Clause; if the requirements are not met, change the values of parameters to calibrate and determine parameter sets for the model or validate and assess the reliability of model results as stipulated in Points h and I of Clause 2 of this Article;

đ) ^[10] Conduct expert review of the report on calculation results at Point l of Clause 2 of this Article.

Article 22. Comparison, Selection, and Determination of Areas Suitable for Disposal of Dredged Materials

1. Based on the assessment results of the impact of disposal activities of dredged materials on marine resources, environment, ecosystems, and socio-economic, defense, and security activities in proposed disposal areas and adjacent regions, compare and select suitable areas for disposal of dredged materials according to the following requirements:

a) Degree of variation in physical, chemical, and biological characteristics due to disposal activities of dredged materials in the water mass, seabed, and ecosystem in proposed disposal areas and adjacent regions;

b) Impact degree of disposal activities of dredged materials on marine resources, environment, and ecosystems in proposed disposal areas and adjacent regions;

c) Impact degree of disposal activities of dredged materials on socio-economic, defense, and security activities in proposed disposal areas and adjacent regions;

d) Suitability of proposed disposal areas for dredged materials with infrastructure facilities and technical equipment serving disposal activities;

đ) Ability to meet future disposal requirements;

2. Compile results, specifically determine coordinates, boundaries, and areas of marine zones used for disposal of dredged materials, incorporate into the contents of the Disposal Project.

Article 22a. Determination of Location and Area for Disposal of Dredged Materials^[11]

1. The competent authority issuing the Marine Disposal Permit, related organizations, and individuals shall determine the location and area of the marine zone to be used for disposal of dredged materials based on the following contents:

a) The need for using the marine zone for disposal expressed by organizations and individuals in their application dossier for the Marine Disposal Permit;

b) The location and area of the marine zone for disposal according to the document of the People's Committee of provinces and centrally governed cities with sea areas and reflected in the Decision approving the results of the environmental impact assessment report by the competent authority;

c) The degree of seabed occupation by dredged materials when disposed calculated and determined in the Marine Disposal Project.

2. The People's Committees of provinces and centrally governed cities with sea areas shall base on the provisions of Articles 16 and 17 of this Circular to determine feasible zones for disposing of dredged materials at sea.

3. The agency reviewing the application dossier for the Marine Disposal Permit shall base on the provisions of Articles 18, 19, 20, 21, and 22 of this Circular and Clause 2 of this Article to evaluate the suitability of the disposal location of dredged materials during the review process of the application dossier for the Marine Disposal Permit.

Chapter IV. IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation^[12]

This Circular takes effect from February 18, 2020

Article 24. Implementation Organization

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties or obstacles, ministries, sectors, localities, organizations, and individuals shall promptly reflect them to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements.

APPENDIX 01

POLLUTANTS AND THRESHOLDS FOR POLLUTANT PARAMETERS IN DREDGED MATERIALS

(Annexed to Circular No. 28/2019/TT-BTNMT dated December 31, 2019 issued by the Minister of Natural Resources and Environment)

APPENDIX 02

ANALYTICAL PARAMETERS TO EVALUATE POLLUTANT CONCENTRATIONS IN SETTLING AND SEDIMENTATION TESTS

(Annexed to Circular No. 28/2019/TT-BTNMT dated December 31, 2019 issued by the Minister of Natural Resources and Environment)

Note:

- Analytical parameters corresponding to each coastal zone are marked with "x".

- The nearshore coastal zone includes bays, ports, and areas within three nautical miles (approximately 5.5 km) from the shore.

- The offshore coastal zone extends from beyond three nautical miles (approximately 5.5 km) from the shore to twenty-four nautical miles (approximately 44 km).

- The open sea zone extends from beyond twenty-four nautical miles (approximately 44 km) from the shore to the outer limit of Vietnam's maritime zone.

APPENDIX 03

MINIMUM NUMBER OF SAMPLING LOCATIONS TO ASSESS POLLUTANT CONCENTRATIONS IN DREDGED MATERIALS

(Annexed to Circular No. 28/2019/TT-BTNMT dated December 31, 2019 issued by the Minister of Natural Resources and Environment)

ANNEX 04

SAMPLE WEIGHTS FOR DIFFERENT GROUPS OF ANALYTICAL PARAMETERS

(Annexed to Circular No. 28/2019/TT-BTNMT dated December 31, 2019 issued by the Minister of Natural Resources and Environment)

APPENDIX 05

MINIMUM NUMBER OF SAMPLING LOCATIONS FOR SETTLEMENT AND SEDIMENTATION TESTS OF POLLUTANTS IN DREDGED MATERIALS AND BIOAVAILABILITY TESTS OF POLLUTANTS

(Annexed to Circular No. 28/2019/TT-BTNMT dated December 31, 2019 issued by the Minister of Natural Resources and Environment)