Circular No. 19/2016/TT-BTNMT on Environmental Protection Work Reports

CIRCULAR

ON ENVIRONMENTAL PROTECTION ACTIVITY REPORTS

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;

Considering the proposal of the General Department of Environment and the Legal Affairs Department;

The Minister of Natural Resources and Environment issues this Circular on environmental protection activity reports.

Article 1. Scope of Regulation

1. This Circular provides detailed guidance for Article 134 of the Environmental Protection Law regarding environmental protection activity reports.

Environmental information classified as state secrets shall be implemented in accordance with the laws on state secrets.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the implementation of environmental protection activity reports.

Article 3. Content of environmental protection activity reports of People's Committees at all levels and the Ministry of Natural Resources and Environment

1. Content of environmental protection activity reports:

a) Status and trends of environmental components and environmental issues, including: status and trends of environmental components; areas affected by pollution and degradation; sources of pollution and negative impacts on the environment; facilities with large emissions; serious polluting facilities; waste generation situations; major environmental issues;

b) Situation and results of environmental protection activities, including: organization of state management bodies and resources for environmental protection; development and completion of policies and laws on environmental protection; implementation of state management activities and environmental protection actions (implementation of preventive and mitigation measures for pollution sources and negative impacts on the environment; thorough treatment of serious polluting facilities; implementation of waste treatment projects, restoration and recovery of polluted and degraded areas; implementation of forest protection programs, nature conservation, and biodiversity; environmental education and awareness; monitoring, information, and reporting on the environment; other environmental protection activities); general assessment of results, shortcomings, limitations, and causes; implementation of state management responsibilities for environmental protection as stipulated in Article 141, Article 143, and other articles and clauses of the Environmental Protection Law and guiding documents;

c) Orientation and solutions for environmental protection in the coming year, including: key tasks and main solutions;

d) Proposals and recommendations.

2. The format of environmental protection activity reports of People's Committees at all levels and the Ministry of Natural Resources and Environment is specified in Appendices I, II, III, and VI attached hereto.

Article 4. Content of environmental protection activity reports of Ministries and equivalent ministries

1. Content of environmental protection activity reports:

a) General evaluation of pollution sources, negative impacts on the environment, typical types of waste, and major environmental issues (if any) of the sector or field under the Ministry or equivalent ministry;

b) Situation and results of state management activities and environmental protection actions, including: organizational structure and resources for environmental protection; issuance of policy and legal documents on environmental protection; implementation of state management responsibilities for environmental protection as stipulated in Clause 3 of Article 142 and other articles and clauses of the Environmental Protection Law and guiding documents;

c) Orientation for environmental protection activities in the coming year and recommendations.

2. The format of environmental protection activity reports of Ministries and equivalent ministries is specified in Appendix V attached hereto.

Article 5. Contents of the environmental protection work report of the management board of economic zones, export processing zones, high-tech zones, and industrial zones

1. Content of environmental protection activity reports:

a) Current status and trends of environmental components and environmental issues: Total land area, water surface, green space; occupancy rate; environmental quality; sources of pollution and negative impacts on the environment;

b) Situation and results of environmental protection work: Organizational structure and resources for environmental protection; implementation of state management responsibilities for environmental protection as prescribed;

c) Difficulties, obstacles, proposals, and recommendations.

2. The model of the environmental protection work report of the management board of economic zones, export processing zones, high-tech zones, and industrial zones is specified in Appendix IV issued together with this Circular.

Article 6. Time and period of reporting on environmental protection work

1. People's Committee at the commune level shall report to the People's Council at the same level and the People's Committee at the district level on environmental protection work before December 15 each year.

2. People's Committee at the district level shall report to the People's Council at the same level and the People's Committee at the provincial level on environmental protection work before January 1 each year.

3. People's Committee at the provincial level shall report to the People's Council at the same level and the Ministry of Natural Resources and Environment (through the General Department of Environment) on environmental protection work before January 15 each year.

4. Management boards of economic zones, export processing zones, high-tech zones, and industrial zones shall report on environmental protection work to the People's Committee at the provincial level before December 31 each year.

5. Ministries and ministerial-level agencies shall submit reports on environmental protection work to the Ministry of Natural Resources and Environment (through the General Department of Environment) for consolidation before January 15 each year.

6. The Ministry of Natural Resources and Environment shall report to the Government and the National Assembly on environmental protection work nationwide before January 31 each year.

7. Information and data in the reports specified from Clause 1 to Clause 6 of this Article shall be calculated from January 1 to December 31 each year.

Article 7. Form of reporting on environmental protection work

1. Environmental protection work reports shall be presented in accordance with the format and technical presentation of administrative documents as prescribed in Circular No. 01/2011/TT-BNV dated January 19, 2011, issued by the Minister of Home Affairs guiding the format and technical presentation of administrative documents.

2. Provincial People's Committees and Ministries and ministerial-level agencies shall have the responsibility to send environmental protection work reports to the Ministry of Natural Resources and Environment (through the General Department of Environment) in the following two forms:

a) One (01) copy signed and stamped sent via postal service;

b) One (01) copy formatted in PDF and Word sent via email [email protected] or through the environmental protection work reporting information system of the General Department of Environment (if available).

Article 8. Budget for implementing environmental protection work reports

The budget for investigating, collecting, compiling, and constructing environmental protection work reports; building and maintaining the central and local environmental protection work reporting information systems shall be guaranteed from the budget allocated for environmental affairs as prescribed by law.

Article 9. Effective Date

1. This Circular takes effect from October 10, 2016.

2. Clause 1 of Article 37 of Circular No. 27/2015/TT-BTNMT dated May 29, 2015, issued by the Minister of Natural Resources and Environment on strategic environmental assessment, environmental impact assessment, and environmental protection plans; Clause

4 of Article 14 of Circular No. 35/2015/TT-BTNMT dated June 30, 2015, issued by the Minister of Natural Resources and Environment on environmental protection in economic zones, industrial zones, export processing zones, and high-tech zones shall cease to be effective from the date this Circular takes effect.

Article 10. Responsibility for Implementation

1. The Director of the General Department of Environment shall be responsible for guiding, inspecting, monitoring, and urging the implementation of this Circular.

2. Ministries, ministerial-level agencies, People's Committees at all levels, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

3. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.