Decision No. 19/2002/QD-BTS Issuing the Environmental Management Regulation for Aquatic Product Processing Facilities.

Pursuant to …;

Issuing the Environmental Management Regulations for Aquatic Product Processing Facilities.

 

MINISTRY OF AQUATIC RESOURCES

On the basis of the Environmental Protection Law dated December 27, 1993;

Pursuant to Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection;

Pursuant to Decree No. 50/CP dated June 21, 1994 of the Government stipulating the tasks, powers, and organizational structure of the Ministry of Aquatic Resources;

At the proposal of the Director of the Science and Technology Department,

 

DECISION:

Article 1. These Environmental Management Regulations for Aquatic Product Processing Facilities are hereby promulgated together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of issuance. The Director of the Science and Technology Department shall be responsible for guiding and supervising the implementation of this Decision.

Article 3. Heads of Departments, Bureaus, Inspectors General of the Ministry, Office of the Ministry; Directors of Provincial Fisheries Services, Departments of Agriculture and Rural Development under their management; aquatic product processing facilities shall be responsible for implementing this Decision.

 

ENVIRONMENTAL MANAGEMENT REGULATIONS FOR AQUATIC PRODUCT PROCESSING FACILITIES

(issued together with Decision number 19/2002/QĐ-BTS

of the Minister of Aquatic Resources dated September 18, 2002).

    

PART I

GENERAL PROVISIONS

Article 1Objectives and Scope of Application.

1. These regulations specify the contents regarding environmental management in the establishment and approval of projects for constructing aquatic product processing facilities and during the conduct of aquatic product processing activities within the territory of the Socialist Republic of Vietnam.

2. These regulations apply to all aquatic product processing facilities such as preliminary processing and preservation facilities for raw aquatic products; frozen aquatic product processing facilities, canned aquatic product processing facilities, dried aquatic product processing facilities, brined aquatic product processing facilities, smoked aquatic product processing facilities, fish sauce and other fermented fish products processing facilities; fish meal processing facilities, and aquaculture feed processing facilities.

Article 2.Definitions.

In these regulations, the following terms are understood as follows:

1. "Production waste" refers to solid, liquid, and gas substances discharged or emitted during the processing of aquatic products.

2."Domestic waste" refers to solid and liquid substances discharged during human activities.

Chapter II

ENVIRONMENTAL MANAGEMENT OF AQUATIC PRODUCT PROCESSING FACILITIES

Article 3.Requirements for Planning and Technology.

1. When conducting construction projects, aquatic product processing facilities (hereinafter referred to as facilities) must:

a) Implement planning and layout of factory premises and equipment in accordance with the development plan for aquatic resources approved by the State and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees of provinces and centrally administered cities.

b) Select advanced and clean technologies to minimize the degree of environmental pollution caused by the facility and surrounding areas..

2. Operating facilities causing environmental pollution must upgrade their factories, improve technology, and apply cleaner production technologies.

Article 4.Environmental Impact Assessment.

1. Construction investment projects must prepare an environmental impact assessment report in accordance with Circular No. 490/1998/TT-BKHCNMT dated April 29, 1998 of the Ministry of Science, Technology, and Environment on guidelines for preparing and reviewing environmental impact assessment reports for investment projects (hereinafter referred to as Circular No. 490), including:

Investment projects for constructing facilities with a capacity of 1,000 tons of products per year or more must prepare an environmental impact assessment report with content as prescribed in Appendix I.2 of Decree No. 175/CP dated October 18, 1994 of the Government (hereinafter referred to as Decree No. 175/CP). Investment projects for constructing facilities with a capacity less than 1,000 tons of products per year must prepare an Environmental Standard Compliance Registration Form in accordance with Appendix III of Circular No. 490.

The environmental impact assessment report and the Environmental Standard Compliance Registration Form must be submitted to relevant state agencies for review according to the分级要求如下：

The Environmental Impact Assessment Report and the Environmental Standard Compliance Registration submitted to state management agencies for environmental assessment shall be reviewed according to the分级规定在第175/CP号议定书的附件II中。

2. Existing facilities (excluding those mentioned in Clause 3 of this Article) must have an Environmental Impact Assessment Report in accordance with the form prescribed in Appendix II of Circular No. 1420/Mtg dated November 26, 1994, issued by the Ministry of Science, Technology and Environment to guide the environmental impact assessment for existing facilities (hereinafter referred to as Circular No. 1420). 3. Small facilities managed by local authorities, processing cooperatives, and households engaged in wholesale fish processing within residential areas must have an Environmental Activity Declaration Form in accordance with the form prescribed in Appendix I of Circular No. 1420.

Wastes Management.

Article 5.During operation, facilities must meet the following requirements:

1. Collect and store solid production waste and household solid waste in appropriate sealed containers, regularly transferring them to fish meal processing facilities, animal feed processing facilities, or disposing and burying them at designated disposal sites in accordance with local government regulations.

2. Collect liquid waste (effluent) causing pollution into storage tanks. Liquid waste must be treated in the facility's wastewater treatment system or the area's system before being discharged into the environment. Storage tanks and the entire facility's wastewater treatment system must be designed and constructed to ensure they do not contaminate soil, groundwater, ponds, lakes, and nearby rivers.

3. Gaseous waste emitting odors and harmful substances must be treated before being discharged into the surrounding environment. Frozen seafood processing facilities using CFC refrigerants must have plans to replace and eventually eliminate their use according to the schedule outlined in Appendix 1 of this Regulation.

4. The technology applied for treating waste must ensure that the treated waste meets the requirements stipulated in Vietnamese standards: TCVN 5989-1995 "Air Quality - Industrial Emission Standards for Dust and Inorganic Substances"; TCVN 5945-1995 "Industrial Effluent Discharge Standards"; industry standards, and approved by competent state management authorities.

Environmental Monitoring.

Article 6.1. Facilities must conduct environmental monitoring consistent with the content outlined in the Environmental Impact Assessment Report, the Environmental Standard Compliance Registration, or the Environmental Activity Declaration Form, depending on the type of facility as specified in Article 4 of this Regulation.

2. Facilities must maintain environmental monitoring documentation including: monitoring plan, elements to be monitored, frequency of monitoring, use of hazardous chemicals; collection and treatment plans for solid, liquid, and gaseous waste; results of monitored indicators; and plans to reduce and eliminate CFCs (if applicable) by the facility.

2. The facility must have environmental monitoring documentation including: the monitoring plan, the elements to be monitored, the frequency of monitoring, the use of hazardous chemicals; the plan for collecting and treating solid, liquid, and gas waste; the results of the monitored indicators; the plan to reduce and eliminate CFCs (if applicable) of the facility

3. The basis must regularly prepare and submit to the Department of Science, Technology and Environment, the Department of Fisheries or the Department of Agriculture and Rural Development managing fisheries a report on environmental management work, environmental incidents, including environmental monitoring materials mentioned in Clause 2 of this Article within 15 days at the beginning of each reporting period as prescribed.

Chapter III

RESPONSIBILITIES OF THE BASIS AND NATIONAL ADMINISTRATIVE AUTHORITIES

Article 7.Responsibilities of the basis.

1. Strictly implement the provisions set out in Chapter II of this Regulation and other relevant regulations concerning the management of environmental protection for fish processing facilities of the Ministry of Fisheries.

2. Create favorable conditions for state environmental management agencies during their working process at the basis.

3. The bases mentioned in Clause 1 and Clause 2 of Article 5 of this Regulation must have dedicated staff responsible for environmental management and establish specialized units for environmental management. Dedicated environmental protection staff of the basis must attend training courses on environmental protection organized by units under the Ministry of Fisheries or the Ministry of Natural Resources and Environment.

4. Ensure all necessary conditions regarding infrastructure and funding to carry out environmental monitoring activities.

5. Organize education and raise awareness and sense of responsibility among those involved in fish processing activities at the basis regarding maintaining hygiene and protecting the environment.

Article 8.Responsibilities of the Department of Science and Technology, Ministry of Fisheries.

1. Advise the Ministry in developing strategies and policies on environmental protection in the field of fish processing.

2. Nominate representatives to participate in the Environmental Impact Assessment Report Review Board chaired by the Ministry of Natural Resources and Environment.

3. Prepare annual reports evaluating the current environmental status in the field of fish processing.

4. Manage the importation of technology and equipment serving fish processing, environmental treatment, particularly the management of the importation of equipment using ozone-depleting substances belonging to the CFC group.

Article 9.Responsibilities of the Department of Fisheries and the Department of Agriculture and Rural Development managing fisheries.

1. Direct the implementation of environmental protection policies in the field of fish processing at the local level.

2. Direct subordinate units to inspect and monitor the implementation of this Regulation at facilities under their jurisdiction.

3. Coordinate with the Department of Science, Technology and Environment to guide local facilities in preparing files for the review of environmental impact assessment reports.

4. Participate in reviewing environmental impact assessment reports of facilities; participate in inspection and supervision teams on environmental issues at facilities chaired by the Department of Science, Technology and Environment.

5. Regularly prepare and submit to the Ministry of Fisheries (Department of Science and Technology) a report on environmental management work for fish processing facilities in the locality within 15 days at the beginning of each six-month period.

Chapter IV

COMPLAINTS, REWARDS, AND PENALTIES FOR VIOLATIONS

Article 10.Complaints and resolution of complaints.

Organizations and individuals have the right to lodge complaints or denunciations against state agencies or individuals who violate this Regulation. The handling of complaints and denunciations shall be carried out in accordance with the provisions of the Law on Complaints and Denunciations as stipulated in Decree No. 67/1999/NĐ-CP dated August 7, 1999 of the Government.

Article 11.Awards.

Organizations and individuals who achieve outstanding results in implementing the Law on Environmental Protection and the provisions of this Regulation shall be rewarded in accordance with the law.

Article 12.Penalties.

1. Organizations and individuals violating the provisions of this Regulation will be subject to administrative penalties according to Decree No. 26/CP dated June 24, 1996 of the Government on administrative penalties for violations of environmental protection laws and other legal provisions, or may be held criminally liable depending on the nature and degree of violation.

2. If the operation of a facility causes environmental pollution or degradation, the facility is responsible for compensation or remediation in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 13.Implementation guidance.

The Department of Science and Technology, Departments of Fisheries, and Departments of Agriculture and Rural Development managing fisheries shall guide the implementation of this Regulation within their respective responsibilities and authorities.

Article 14.Amendment and supplementation of the Regulation.

Any amendment or supplementation to this Regulation shall be examined and decided by the Minister of Fisheries.

ANNEX

List of CFCs used in the fish processing industry

and phase-out schedule

I.CFCs banned from consumption from 1996, developing countries may request an extension, but must eliminate 100% before January 1, 2010.

II.Hydrochlorofluorocarbons, phase-out schedule compared to 1989 consumption levels as follows:

By 2004, consumption must be reduced to 65%.

By 2010, it will be 35%.

By 2015, it will be 10%.   

By 2040, consumption will be banned.

**Identify the most commonly encountered substances in trade with ozone depletion potential values listed above for the purposes of this Decree./.