Circular No. 19/2015/TT-BTNMT provides detailed regulations on the examination of conditions for environmental monitoring service activities and sample certificate formats.

CIRCULAR

Regulations on the examination of conditions for environmental monitoring service activities and the model certificate of recognition.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government stipulating the conditions for organizations engaged in environmental monitoring service activities.

Upon the proposal of the Director General of the Department of Environment and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular detailing the examination of conditions for environmental monitoring service activities and the model certificate of recognition.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation of Clause 2, Article 5 and Clause 2, Article 6 of Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government stipulating the conditions for organizations engaged in environmental monitoring service activities.

Article 2. Applicability

This Circular applies to environmental management agencies, organizations engaged in environmental monitoring service activities (hereinafter referred to collectively as organizations) within the territory of the Socialist Republic of Vietnam.

Article 3. Examination Authority and Principles

1. Examination Authority:

The General Department of Environment conducts the examination of conditions for environmental monitoring service activities, submitting to the Minister of Natural Resources and Environment for consideration and decision-making on issuing, extending, amending the content, reissuing, temporarily suspending the effect, revoking, and canceling the Certificate of Satisfactory Conditions for Environmental Monitoring Service Activities (hereinafter referred to collectively as the examining authority).

2. Examination Principles:

a) The examination of conditions for environmental monitoring service activities for issuing, amending the content, extending, reissuing, temporarily suspending the effect, revoking, and canceling the Certificate of Satisfactory Conditions for Environmental Monitoring Service Activities shall be based on: the results of evaluation and review of the file; the results of actual assessment and inspection at the organization; and the conclusion of the Examination Committee on Conditions for Environmental Monitoring Service Activities (hereinafter referred to collectively as the Examination Committee) as stipulated in Article 7 of this Circular.

b) The examining authority does not establish the Examination Committee in cases where the results of evaluation and review of the file and the results of actual assessment and inspection at the organization provide sufficient grounds to show that the organization does not meet the provisions of Articles 8 and 9 of Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government stipulating the conditions for organizations engaged in environmental monitoring service activities (hereinafter referred to as Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government).

c) In cases where the examining authority decides not to establish the Examination Committee, the examination of conditions for environmental monitoring service activities for issuing, amending the content, extending, reissuing, temporarily suspending the effect, revoking, and canceling the Certificate of Satisfactory Conditions for Environmental Monitoring Service Activities shall be based on: the results of evaluation and review of the file and the results of actual assessment and inspection at the organization.

Article 4. Receipt and Processing of Applications

Organizations requesting certification of satisfactory conditions for environmental monitoring service activities submit applications in accordance with Clause 2 of Articles 11, 12, 13, and 14 of Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government to the Office for Receipt and Delivery of Results of Administrative Procedures of the Ministry of Natural Resources and Environment; pay the examination fee and licensing fees for issuance, extension, amendment of content, and reissuance of certificates of satisfactory conditions for environmental monitoring service activities in accordance with Clause 1 of Article 7 of Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government to the examining authority.

The organization proposing certification of eligibility to operate environmental monitoring services shall submit the application dossier in accordance with Clause 2 of Articles 11, 12, 13, and 14 of Decree No. 127/2014/ND-CP dated December 31, 2014 of the Government to the Office for Receipt and Issuance of Results of Administrative Procedures of the Ministry of Natural Resources and Environment; pay the examination fee and the fee for issuance, extension, amendment of contents, and reissuance of the certificate of eligibility to operate environmental monitoring services in accordance with Clause 1 of Article 7 of Decree No. 127/2014/ND-CP dated December 31, 2014 of the Government to the examining authority.

Article 5. Duties and Authorities of the Appraisal Authority

1. Examine, evaluate, and process files and related documents submitted by organizations requesting certification of eligibility to operate environmental monitoring services.

2. Study and evaluate the files of organizations requesting certification of eligibility to operate environmental monitoring services; organize the collection of opinions and comments on the files and prepare an Evaluation Report on the files.

3. Propose the establishment of an Inspection Team for on-site inspection at organizations requesting certification of eligibility to operate environmental monitoring services and establish an Appraisal Council for the conditions of operating environmental monitoring services.

4. Prepare, provide, and facilitate the study of files and related documents for members of the Inspection Team and the Appraisal Council to serve the appraisal of the conditions for operating environmental monitoring services.

5. Prepare necessary conditions for the Inspection Team to conduct on-site inspections and evaluations at organizations and for the Council to convene formal meetings.

6. Receive the minutes of on-site inspections and evaluations conducted by the Inspection Team; the results of the Appraisal Council's appraisal and proceed with necessary procedures to submit to the Minister of Natural Resources and Environment for decisions on issuing, extending, amending contents, reissuing, temporarily suspending, revoking, and canceling the Certificate of Eligibility to Operate Environmental Monitoring Services.

7. Inform organizations of the decision not to issue, amend contents, extend, or reissue the Certificate of Eligibility to Operate Environmental Monitoring Services for review and decision by competent authorities.

8. Retain files and documents regarding the appraisal process of organizations operating environmental monitoring services.

9. Monitor, compile, and report to competent authorities information about the operation of environmental monitoring services by organizations that have been issued Certificates of Eligibility to Operate Environmental Monitoring Services.

10. Establish, publish, and continuously update a list of organizations eligible to operate environmental monitoring services on the website of the Ministry of Natural Resources and Environment and the General Department of Environment.

11. Perform other tasks related to the appraisal, issuance, amendment of contents, extension, reissuance, temporary suspension, revocation, and cancellation of Certificates of Eligibility to Operate Environmental Monitoring Services.

Article 6. Model Certificate of Eligibility to Operate Environmental Monitoring Services

The model certificate is specified in Model No. 1 of Appendix 1 promulgated together with this Circular.

Chapter II

APPRAISAL OF CONDITIONS FOR OPERATING ENVIRONMENTAL MONITORING SERVICES

Article 7. Procedure for Appraising Conditions for Operating Environmental Monitoring Services

1. Examination of Application Files:

a) Within ten working days from the date of receipt of the application file, the Appraisal Authority shall examine and evaluate the organization's application file for certification of eligibility to operate environmental monitoring services concerning legal status, human resources, expertise, equipment, and facilities for conducting environmental monitoring activities as stipulated in Articles 8 and 9 of Decree No. 127/2014/ND-CP dated December 31, 2014 of the Government.

b) The results of the examination and evaluation of the application file by the Appraisal Authority shall be compiled into a report. The report on the evaluation of the application file is part of the appraisal file.

c) The Appraisal Authority shall send the application file of the organization requesting certification of eligibility to operate environmental monitoring services to members of the Inspection Team for review and examination before conducting on-site inspections and evaluations (hereinafter referred to as the Inspection Team).

2. On-Site Inspections and Evaluations:

a) Within seven working days from the date of receipt of the application file, the Appraisal Authority shall be responsible for establishing the Inspection Team. The organization, operation, responsibilities, and authorities of the Inspection Team are regulated in Article 8 of this Circular.

b) Content of Inspections and Evaluations: The Inspection Team shall be responsible for evaluating and inspecting the organization requesting certification of eligibility to operate environmental monitoring services regarding the conditions as stipulated in Articles 8 and 9 of Decree No. 127/2014/ND-CP dated December 31, 2014 of the Government and comparing them with the application file for certification of eligibility to operate environmental monitoring services of the organization.

c) Within twenty working days from the date of the decision to establish the Inspection Team, the Appraisal Authority shall be responsible for organizing on-site inspections and evaluations at the organization requesting certification of eligibility to operate environmental monitoring services.

d) The results of the on-site inspections and evaluations at the organization requesting certification must be recorded in a Minutes and sent back to the Appraisal Authority for compilation into the file. The Minutes of the Inspection Team at the organization is part of the appraisal file.

3. Organization of Meetings of the Appraisal Council when it is necessary to establish the Appraisal Council:

a) The Appraisal Authority shall establish the Appraisal Council to assist in appraising the conditions for operating environmental monitoring services. The organization, operation, responsibilities, and authorities of the Appraisal Council are regulated in Article 9 of this Circular.

b) The Appraisal Council shall have the function of advising and assisting the Appraisal Authority in evaluating the conditions for operating environmental monitoring services of the organization requesting certification based on the results of the examination and evaluation of the application file and the results of on-site inspections and evaluations.

c) The organization of meetings of the Appraisal Council for the conditions of operating environmental monitoring services shall be carried out after the results of on-site inspections and evaluations are obtained.

d) Upon the decision to establish the Appraisal Council, the Appraisal Authority shall send the application file of the organization requesting certification of eligibility to operate environmental monitoring services and the report on the examination and evaluation of the application file, and the Minutes of the Inspection Team to members of the Appraisal Council for review and examination before convening the meeting.

đ) The results of the Appraisal Council's meeting must be recorded in a Minutes and sent back to the Appraisal Authority for compilation into the file. The Minutes of the Appraisal Council's meeting is part of the appraisal file.

4. The diagram depicting the process for assessing the conditions of organizations providing environmental monitoring services for issuing, extending, and amending the contents of the Certificate is presented in Appendix 2 issued along with this Circular.

5. The diagram depicting the process for assessing the conditions of organizations providing environmental monitoring services for reissuing the Certificate is presented in Appendix 3 issued along with this Circular.

Article 8. Organization, activities, responsibilities, and authorities of the Evaluation Team

1. The Evaluation Team shall consist of a maximum of five members, including: The Team Leader who represents the authority conducting the assessment, and other members representing relevant Ministries, sectors, or Provincial Departments of Natural Resources and Environment, and experts with specialized knowledge and experience in the field of environmental monitoring.

2. Responsibilities of the members of the Evaluation Team:

a) Members of the Evaluation Team are responsible for accurately and objectively assessing the conditions for operating environmental monitoring service activities as stipulated in Article 8 and Article 9 of Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government;

b) Studying files and documents and assisting the authority conducting the assessment to carry out on-site inspections and evaluations at the organization applying for certification of meeting the conditions for operating environmental monitoring service activities;

c) Managing files and documents provided according to the provisions of the law, ensuring that they are not lost, not transferred to third parties, and returning all files and documents to the Authority conducting the assessment upon completion of the task; not using inspection and evaluation results contrary to the provisions of the law on intellectual property rights;

d) Preparing the Inspection and Evaluation Report at the organization according to Model No. 2 of Appendix 1 issued along with this Circular and compiling the Inspection and Evaluation Minutes at the organization according to Model No. 3 of Appendix 1 issued along with this Circular;

đ) Participating in meetings convened by the authority conducting the assessment and meetings of the Assessment Council; completing the Minutes through specialized sessions when necessary;

e) Being responsible under the law for the objectivity and honesty of comments and assessments of the conditions for operating environmental monitoring service activities and the contents of work assigned during the assessment process;

3. Authorities of the members of the Evaluation Team:

a) Receiving full documentation and information related to the organization applying for certification of meeting the conditions for operating environmental monitoring service activities; proposing the organization of meetings and other activities directly serving the assessment work;

b) Receiving remuneration according to the current financial regulations when performing tasks, being reimbursed for travel, food, accommodation, and other expenses according to the law when participating in Evaluation Team activities;

4. Responsibilities and authorities of the Team Leader:

In addition to the responsibilities and authorities of the Evaluation Team members as prescribed in Clause 2 and Clause 3 of this Article, the Team Leader also has the following responsibilities and authorities:

a) Directing all activities of the Evaluation Team and assigning tasks to members of the Evaluation Team during the performance of their duties;

b) Chairing the meetings of the Evaluation Team according to this Circular and relevant laws;

c) Compiling and processing opinions exchanged and discussed at the meetings of the Evaluation Team and announcing the results of inspections and evaluations at the organization of the Evaluation Team; signing the minutes of the Evaluation Team's meetings and being responsible for the contents of the minutes of the Evaluation Team's meetings;

d) In case the Team Leader cannot participate in the Evaluation Team, the Team Leader must issue a letter of authorization to a member of the Evaluation Team to act as the Team Leader, and the authorized person will have the responsibilities and authorities of the Team Leader of the Evaluation Team;

5. The Evaluation Team operates based on the principle of collective work, open discussion among members of the Evaluation Team, and expressing opinions on the Inspection and Evaluation Report at the organization providing environmental monitoring services.

Article 9. Organization, operation, responsibilities, and powers of the Appraisal Council

1. The Appraisal Council consists of five to nine members, including:

a) The Chairman of the Council is the Leader of the General Department of Environment;

b) The Vice-Chairman of the Council is an expert with expertise and experience in environmental monitoring or a Department-level Leader or equivalent of the appraisal agency;

c) One Secretary member represents the appraisal agency;

d) Members are representatives of relevant Ministries, sectors, or Provincial Departments of Natural Resources and Environment, and experts with expertise and experience in environmental monitoring, among whom two members are selected as Reviewing Members.

2. A formal session of the Appraisal Council can only be held when the following conditions are met:

a) At least two-thirds (2/3) of the Council members participate according to the decision, including the mandatory presence of either the Chairman or the Vice-Chairman in case the Chairman is absent, and at least one Reviewing Member;

b) After evaluating and reviewing the files and conducting on-site inspections at organizations applying for certification of eligibility to operate environmental monitoring services.

3. The Council conducts appraisals and evaluates the conditions for operating environmental monitoring services of organizations based on related files and documents; results from file reviews and on-site inspections at the organization.

4. Costs for the activities of the Appraisal Council shall be implemented in accordance with current laws.

5. Responsibilities of Council Members:

a) Accurately and objectively appraise and evaluate the conditions of organizations operating environmental monitoring services and bear general responsibility for the conclusions and recommendations of the Council;

b) Study files and documents related to the appraisal of conditions for operating environmental monitoring services of organizations;

c) Participate in activities before, during, and after formal sessions of the Council when required;

d) Perform tasks at Council meetings scientifically, honestly, and objectively; write Evaluation Forms at formal Council sessions according to Model No. 4 of Appendix 1 issued together with this Circular;

đ) Manage provided documents in accordance with the law, ensuring they are not lost or transferred to third parties, and return them to the Appraisal Agency upon completion of the assigned tasks;

e) Bear legal responsibility for the objectivity and honesty of comments and evaluations on the conditions of organizations operating environmental monitoring services and the contents of work assigned during the appraisal process.

6. Powers of Council Members:

a) Receiving full documentation and information related to the organization applying for certification of meeting the conditions for operating environmental monitoring service activities; proposing the organization of meetings and other activities directly serving the assessment work;

b) Have the right to retain their opinions and record them in the minutes of Council meetings if they differ from the Council's conclusion;

c) Be entitled to remuneration under the current financial regulations when performing tasks: writing Comment Forms for application files for certification, participating in Council meetings and other activities and tasks assigned during the appraisal process; reimbursement for travel, food, accommodation, and other expenses in accordance with the law when participating in Council activities.

7. Responsibilities and powers of the Chairman of the Council:

In addition to the responsibilities and powers of Council Members as stipulated in Clause 5 and Clause 6 of this Article, the Chairman of the Council also has the following responsibilities and powers:

a) Control Council meetings in accordance with this Circular and relevant laws;

b) Summarize and handle opinions exchanged and discussed at formal Council meetings, prepare conclusions for Council approval and announce the Council's appraisal results;

c) Sign minutes of Council meetings and bear responsibility for conclusions made in Council meetings.

8. Responsibilities and powers of the Vice-Chairman of the Council:

In addition to the responsibilities and powers of Council Members as stipulated in Clause 5 and Clause 6 of this Article, the Vice-Chairman of the Council also has the responsibilities and powers of the Chairman in cases where the Chairman authorizes in writing.

9. Responsibilities and powers of the Secretary Member:

In addition to the responsibilities and powers of Council Members as stipulated in Clause 5 and Clause 6 of this Article, the Secretary Member also has the following responsibilities and powers:

a) Report to the Chairman of the Council about the main issues of the files based on studying and reviewing the files and summarizing the opinions of the Evaluation Team; read related reports during Council meetings, transfer the minutes of formal Council meetings, all files, and related documents to the Appraisal Agency;

b) Provide evaluation forms to Council members. Summarize, count votes, and prepare Minutes of Voting on Conditions for Operating Environmental Monitoring Services of Organizations during Council meetings according to Model No. 5 of Appendix 1 issued together with this Circular;

c) Record Council meeting minutes comprehensively and truthfully. Prepare and complete Council Meeting Minutes according to Model No. 6 of Appendix 1 issued together with this Circular; sign and submit the minutes of Council meetings for the chairperson to review and sign;

d) Carry out other tasks serving the Council's activities as requested by the Chairman of the Council and the Appraisal Agency;

đ) In case of non-participation in Council meetings, the Secretary Member reports to the Chairman of the Council to appoint another Council member as the secretary for the meeting.

Article 10. Representatives participating in meetings to review the conditions for organizations operating environmental monitoring services

1. The representatives participating in meetings to review the conditions for organizations operating environmental monitoring services shall be selected and invited by the Reviewing Authority.

2. Representatives attending the meetings may express their opinions during the meetings, subject to the chairperson's control, and shall be entitled to remuneration as prescribed by law. Representatives attending the meetings shall not vote during the sessions.

Article 11. Decision on certification of sufficient conditions for operating environmental monitoring services

1. Based on the results of the review, the Director General of the Environmental Administration shall submit to the Minister of Natural Resources and Environment for consideration and issuance of a decision on certification accompanied by a Certificate of Sufficient Conditions for Operating Environmental Monitoring Services for the requesting organization.

2. The Certificate of Sufficient Conditions for Operating Environmental Monitoring Services must clearly state the field and scope of activities certified.

3. In cases where the organization does not meet the certification conditions, the Director General of the Environmental Administration shall sign a notification letter stating the reasons and send it to the requesting organization according to the procedures and formalities stipulated in Clause 3 of Articles 11, 12, 13, and 14 of Decree No. 127/2014/ND-CP dated December 31, 2014 of the Government.

Article 12. Calculation of the validity period of the certificate

1. In cases of issuing a certificate for the first time or extending the validity of a certificate, the validity period of the certificate is 36 months from the date of signing the certification decision as prescribed in Clause 3 of Article 4 of Decree No. 127/2014/ND-CP dated December 31, 2014 of the Government.

2. In cases of amending the content or reissuing the certificate, the validity period of the decision on certification for amending the content and reissuing the certificate remains unchanged compared to the previously issued certificate.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from June 9, 2015, and replaces Circular No. 42/2013/TT-BTNMT dated December 3, 2013, of the Minister of Natural Resources and Environment detailing the procedures for reviewing the conditions for operating environmental monitoring services and the model certificate.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of People's Committees at all levels, and related organizations are responsible for implementing this Circular.

2. The Environmental Administration is responsible for guiding the implementation of this Circular; organizing periodic evaluations and inspections once a year or spot checks when necessary, ensuring that all activities of organizations operating environmental monitoring services comply with the regulations.

3. Organizations requesting certification of sufficient conditions for operating environmental monitoring services are responsible for complying fully with the certification regulations; providing complete information and creating favorable conditions for inspection teams to conduct on-site assessments.

4. During the implementation of this Circular, if there are difficulties or obstacles, they should be reported in writing to the Ministry of Natural Resources and Environment for consideration and resolution./.

ANNEX 1

TYPES OF FORMS AND SAMPLES

(Annexed to Circular No. 19/2015/TT-BTNMT dated April 23, 2015, of the Minister of Natural Resources and Environment)

This Annex includes six types of forms serving the work of reviewing and certifying the conditions for operating environmental monitoring services, including: