Circular No. 17/2016/TT-BNNPTNT guiding the management of environmental protection tasks under the Ministry of Agriculture and Rural Development

CIRCULAR

Guidelines for managing environmental protection tasks

On the basis of the Law on the Organization of the Government dated June 19, 2015 and the Law amending and supplementing some articles of the Law on the Organization of the Government and the Law on the Organization of Local Governments dated November 22, 2019;.

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

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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

The Minister of Agriculture and Rural Development issues this Circular guiding the management of environmental protection tasks under the Ministry of Agriculture and Rural Development.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular guides the management of environmental protection tasks funded by the State budget under the management of the Ministry of Agriculture and Rural Development (hereinafter referred to as environmental tasks).

2. This Circular applies to organizations and individuals participating in the management and implementation of environmental protection tasks within the jurisdiction of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Ministry).

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

1. The agency managing environmental tasks is the agency entrusted by the Ministry with the responsibility to manage such tasks: Department of Science, Technology and Environment; Forests General Department; Fisheries General Department; Irrigation General Department.

2. Selection is the process of choosing organizations and individuals with sufficient capacity, conditions, and relevant expertise to undertake environmental tasks according to the orders of the Ministry.

3. Direct assignment is the process of designating organizations and individuals with sufficient capacity, conditions, and relevant expertise to undertake environmental tasks according to the orders of the Ministry.

Chapter II

SPECIFIC PROVISIONS

Section I

DETERMINATION OF THE LIST OF ENVIRONMENTAL TASKS

Article 3. Basis for proposing environmental tasks

1. National and Ministry strategies, programs, projects, and plans for environmental protection.

2. Practical requirements for environmental protection in sectors managed by the Ministry.

3. Requirements from Party and State leaders; Ministry leaders.

1. Organizations and individuals directly submit or send via postal service proposals for environmental tasks according to form B1.PDX-NVMT issued together with this Circular to the Ministry (through the Department of Science, Technology and Environment) before March 30 of the year preceding the planning year.

2. The Department of Science, Technology and Environment shall be responsible for:

a) Compiling the list of proposed environmental tasks from organizations and individuals within five working days;

b) Submitting to the Ministry to establish an advisory council to determine the list of environmental tasks within five working days.

The advisory council to determine the list of environmental tasks consists of nine members. The composition of the council includes: environmental experts; representatives from state administrative agencies, production and business organizations, and other related organizations or those expected to benefit from the results of environmental tasks.

A meeting of the council must have at least two-thirds of its members present, including the chairman or vice-chairman authorized by the chairman.

The council is responsible for advising on the determination of the list of environmental tasks and recommending methods for selection or direct assignment.

c) Within five working days from the date of the advisory council's meeting results, submitting to the Ministry for consideration and approval of the list and methods for implementing environmental tasks in the planning year and bearing responsibility before the Minister for the proposed list.

Article 5. Announcement of the list of environmental tasks

1. For environmental tasks implemented through selection: the Ministry (Department of Science, Technology and Environment) publicly announces on the Ministry’s electronic portal.

2. For environmental tasks implemented through direct assignment: the Ministry (Department of Science, Technology and Environment) publicly announces on the Ministry’s electronic portal and notifies in writing to the organizations assigned directly by the Ministry.

3. Time for announcement and notification: within five working days from the date the list of environmental tasks is approved.

PART II

SELECTION AND DIRECT ASSIGNMENT OF ORGANIZATIONS AND INDIVIDUALS TO IMPLEMENT ENVIRONMENTAL TASKS

IMPLEMENTATION OF ENVIRONMENTAL TASKS

Article 6. Conditions for participation in selection and direct assignment

1. Organizations participating in registration for selection or being considered for direct assignment to implement environmental tasks must meet the following conditions:

a) Having legal personality;

b) Possess functions suitable to the specialized field of the environmental task.

a) Hold a bachelor's degree or higher, have relevant expertise, and be actively working in the environmental protection field for at least three years up to the time of submitting the application;

b) Have the ability to directly implement or organize implementation and ensure sufficient time to lead the execution of the environmental task;

c) Not fall under any of the following circumstances:

Not eligible to participate in registration for selection or direct assignment for a period of two years if the submission of the final acceptance report for the Ministry-level environmental task is late by more than thirty days beyond the contract deadline.

Not eligible to participate in registration for selection or direct assignment for a period of two years if the environmental task evaluated at the Ministry level receives a "unsatisfactory" rating from the time the conclusion of the evaluation committee is issued.

Article 7. Documents for Participation in Selection and Direct Assignment

1. Documents for participation in selection and direct assignment include:

a) A form for registering to lead the implementation of the environmental task according to Model B2.ĐĐK-NVMT issued together with this Circular;

b) An explanation of the environmental task according to Model B3.TM-NVMT issued together with this Circular.

Article 8. Opening and Verifying the Validity of Documents for Participation in Selection and Direct Assignment

2. Valid documents for consideration and evaluation are those that comply fully with the provisions of Articles 6 and 7 of this Circular.

3. The results of opening the documents are recorded in a protocol according to Model B4.BBMHS-NVMT issued together with this Circular.

1. The Minister decides on the establishment of advisory boards for the selection and direct assignment of environmental tasks.

2. Composition of the advisory board for selection and direct assignment. The board consists of seven to nine members including: chairman, vice-chairman, two members as reviewing commissioners, and other members. Members include representatives of related state management agencies and experts with relevant professional qualifications and knowledge of the content of the implementation. Individuals participating in the selection and direct assignment cannot be members of the Board.

3. Method of operation of the advisory board for selection and direct assignment

a) Sessions of the board must have at least two-thirds of the board members present, including the chairman or vice-chairman, and the reviewing commissioners.

b) The chairman of the board chairs the sessions of the board. In the absence of the chairman, the vice-chairman of the board chairs the session.

c) Materials for the advisory board meeting include: Registration selection and direct assignment task review forms according to Model B5.PNX-NVMT, registration selection and direct assignment task evaluation forms according to Model B6.PĐG-NVMT, advisory board meeting protocols according to Model B7.BBH-NVMT, and ballot counting protocols according to Model B7a. BBKP-NVMT issued together with this Circular.

d) The selection and direct assignment board evaluates the explanatory documents on a scale of 100 points. Organizations and individuals proposed by the board to lead the implementation of the environmental task are those whose documents rank highest with an average score of at least 70 out of 100, and none of the criteria can have more than one-third of the present board members giving a zero score.

The board discusses and agrees on recommendations: points requiring supplementation and modification in the explanation of the environmental task; main products with corresponding economic-technical indicators that must be achieved; funding for the implementation of the environmental task; points requiring attention for organizations and individuals leading the completion of the documents.

Article 10. Notification for organizations and individuals to complete the environmental task description

The Science, Technology and Environment Department shall compile the results of the advisory council's meeting on selecting tasks and directly assign them, and notify the leading organizations and individuals in charge of completing the environmental task description. Within 10 working days from the date of receiving the notification, the organization or individual in charge of the environmental task shall be responsible for sending the completed environmental task description back to the Ministry (Science, Technology and Environment Department) for content and budget review.

1. The Science, Technology and Environment Department shall submit to the Minister for a decision to establish a review board for the content and budget of environmental tasks. The review board shall consist of representatives from the Science, Technology and Environment Department, the Finance Department, and representatives from the advisory council on selection and direct assignment. The Chairman of the review board shall be the leader of the Science, Technology and Environment Department, and the Vice-Chairman shall be the leader of the Finance Department. The review board shall prepare a record of the content and budget review of environmental tasks according to Model B8.BBTĐ-NVMT issued together with this Circular.

2. Based on the results of the content and budget review, the Science, Technology and Environment Department shall submit to the Minister for approval of the list and budget for implementing environmental tasks (including: name of the environmental task; leading organization and individual; objectives; expected outcomes; implementation period; total budget and annual budget).

3. The leading organization and individual in charge of the environmental task shall be responsible for completing the environmental task description within 30 days (from the date of the approval decision on the list and budget for implementing the environmental task) and submitting it to the environmental task management agency for approval.

a) The Science, Technology and Environment Department and the Finance Department shall approve the environmental task description managed directly by the Ministry;

b) The General Departments shall approve the environmental task descriptions assigned to their management;

c) The leading agency in charge of the environmental task shall approve the annual environmental task description based on the approved environmental task description.

1. For organizations and individuals that are not budgetary units under and affiliated with the Ministry: The leading environmental task management agency shall coordinate with relevant units to sign a contract for implementing environmental tasks according to Model B9.HĐ-NVMT issued together with this Circular.

2. For organizations and individuals that are budgetary units under and affiliated with the Ministry: No contract shall be signed; the implementation of environmental tasks shall be based on the Decision approving the list and budget for environmental tasks.

REPORTING, INSPECTION, AND FINAL EVALUATION

1. Regularly every six months or at any time, the leading organization or individual in charge of the environmental task shall report in writing on the progress of implementing the environmental task to the environmental task management agency. The model for regular reports on the progress of implementing environmental tasks is Model B10.BCĐK-NVMT issued together with this Circular.

2. The leading environmental task management agency shall organize regular inspections of the implementation of environmental tasks at least once a year, excluding unscheduled inspections. The model for inspection records of the progress of implementing environmental tasks is Model B11.BBKT-NVMT issued together with this Circular.

For environmental tasks managed by the General Department, the inspection team must include a representative from the Science, Technology and Environment Department.

3. When there are changes or additions to the content of implementing environmental tasks, the leading organization in charge of the environmental task must submit a written report to the environmental task management agency for consideration and submission to the Ministry for approval of the adjustment content. The leading organization may only implement the proposed adjustments upon written agreement from the Ministry.

1. Self-evaluation of Implementation Results The organization responsible for implementing the environmental task shall self-evaluate the implementation results before submitting the evaluation and acceptance dossier to the managing unit and bear responsibility before the Minister for the self-evaluation results. The self-evaluation results are compiled and reported according to Model B12.BCTĐG-NVMT issued together with this Circular.

2. Evaluation and Acceptance

a) After completion, environmental tasks are evaluated and accepted at the Ministry level.

b) For environmental tasks where the product is reports serving the drafting of legal normative documents, national technical standards, and standards, activities serving state management of the environment by the Ministry (inspection, supervision, conferences, seminars, training, workshops, propaganda), a review council will not be organized, but the main organization must have a report on the implementation results accompanying the task product for the management agency to confirm completion. The model for confirming completion of environmental tasks is specified according to Model B13.XNCV-NVMT issued together with this Circular.

3. Dossier for Ministry-level Evaluation and Acceptance Includes:

a) Letter requesting acceptance of the environmental task;

b) Report on self-evaluation of the implementation results of the environmental task;

c) Final report (according to Model B14.BCTK-NVMT);

d) Products of the task.

The organization responsible for the environmental task must submit ten sets of dossiers (one original and nine copies) to the environmental task management agency within thirty days from the end date of the environmental task implementation period as decided in the approval decision on the list and budget for the implementation of the environmental task, or adjustment document extending the implementation period (if applicable).

The Ministry-level acceptance must be completed within a maximum of thirty days from the date the environmental task management agency receives a valid dossier.

The Minister decides to establish the evaluation and acceptance council for environmental tasks. The composition of the Ministry-level evaluation and acceptance council is stipulated in Clause 2, Article 9 of this Circular.

a) The meeting of the council must have at least two-thirds of the members of the council present, including the chairman or vice-chairman, reviewing members, and secretary.

b) The chairman of the board chairs the sessions of the board. In the absence of the chairman, the vice-chairman of the board chairs the session.

c) Materials for Ministry-level evaluation and acceptance include: result assessment form for environmental task implementation according to Model B15.PNXNT-NVMT, evaluation form for environmental task acceptance according to Model B16.PĐGNT-NVMT, minutes of the environmental task acceptance council meeting according to Model B17.BBNT-NVMT, and minutes of the environmental task acceptance voting according to Model B17a.BBKP-NVMT issued together with this Circular.

d) The Ministry-level evaluation and acceptance council evaluates the implementation results of environmental tasks at one of the two levels: "Pass" or "Fail".

Article 15. Liquidation of Contracts and Confirmation of Task Completion

2. The environmental task management agency shall take the lead and coordinate with related units to liquidate contracts or confirm completion of environmental tasks. The implementation method is as follows:

a) For environmental tasks signed under contracts, the environmental task management agency shall liquidate the contract according to Model B18.TLHĐ-NVMT issued together with this Circular.

b) For environmental tasks not signed under contracts, the management agency shall confirm completion of environmental tasks according to Model B13.XNCV-NVMT issued together with this Circular.

Chapter III

IMPLEMENTATION

Article 16. Responsibilities of Units under the Ministry

1. The Department of Science, Technology and Environment shall take the lead in guiding and inspecting the implementation of this Circular.

Article 17. Transitional Provisions

Proposals and files for environmental tasks received by the environmental task management agency before the effective date of this Circular shall continue to be considered and resolved in accordance with the provisions of Circular No. 55/2013/TT-BNNPTNT dated December 24, 2013, issued by the Ministry of Agriculture and Rural Development on managing environmental tasks under the Ministry of Agriculture and Rural Development.

Article 18. Effective Date

1. This Circular takes effect from August 10, 2016. This Circular replaces Circular No. 55/2013/TT-BNNPTNT dated December 24, 2013, issued by the Ministry of Agriculture and Rural Development on managing environmental tasks under the Ministry of Agriculture and Rural Development.

2. For environmental tasks using other sources of funding without guidance, appropriate contents in this Circular shall be applied.

3. In case of difficulties during implementation, agencies and units shall promptly reflect in writing to the Ministry of Agriculture and Rural Development (through the Department of Science, Technology and Environment) for consideration and resolution./.