Joint Circular No. 22/2012/TTLT-BLDTBXH-BTNMT guiding management and environmental protection in facilities caring for and nurturing subjects under the Ministry of Labor, Invalids and Social Affairs.

JOINT CIRCULAR

Guidelines on management and environmental protection in facilities for care and support

of subjects under the Labor - Invalids and Social Affairs sector

_________________________

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Environmental Protection Law and Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain provisions of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment which has been amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 5, 2010 and Decree No. 89/2010/NĐ-CP dated August 16, 2010;

Pursuant to Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment;

Pursuant to Decision No. 58/2008/QĐ-TTg dated April 29, 2008 of the Prime Minister on target financial support from the State budget to thoroughly address, mitigate, and prevent environmental pollution and degradation for certain subjects in the public welfare sector and Decision No. 38/2011/QĐ-TTg dated July 5, 2011 of the Prime Minister amending and supplementing certain provisions of Decision No. 58/2008/QĐ-TTg dated April 29, 2008 of the Prime Minister;

The Ministers of Labor - Invalids and Social Affairs and the Minister of Natural Resources and Environment issue this Joint Circular to guide on management and environmental protection in facilities for care and support of subjects under the Labor - Invalids and Social Affairs sector,

Article 1. Scope of Regulation

This Joint Circular guides contents related to management and environmental protection concerning the generation, classification, collection, transportation, storage, treatment, and disposal of medical waste, solid waste, domestic and industrial wastewater, control of dust, exhaust gases, noise, vibration, light, and landscape (including greenery, internal roads, and buffer zones) within and around facilities for care and support of subjects under the Labor - Invalids and Social Affairs sector.

Article 2. Applicability

This Joint Circular applies to facilities for care and support of social subjects under the Labor - Invalids and Social Affairs sector (hereinafter referred to as facilities), including:

a) Centers for Treatment - Education - Social Labor;

b) Post-drug rehabilitation management centers, voluntary drug rehabilitation facilities established according to Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government stipulating conditions, procedures for issuing permits, and management of voluntary drug rehabilitation facility activities;

c) Social service provision centers;

d) Social assistance facilities;

đ) Social houses;

e) Centers for Rehabilitation of Seriously Injured Veterans;

g) Centers for Care and Support of Persons with Merit.

Article 3. Requirements for planning and technology

1. For new construction or expansion of facilities

a) Construction and layout of infrastructure must ensure that there is no adverse impact or influence from areas generating waste on other areas. Planning the system for collecting and treating waste in accordance with laws on environmental protection;

b) Constructing a waste treatment system with capacity appropriate to the scale of the facility;

c) Selecting suitable waste treatment technology to ensure that treated waste meets national technical standards and regulations on the environment.

2. For operating facilities causing environmental pollution

Developing plans to upgrade, treat, and mitigate pollution, ensuring the environmental hygiene of the facility; using appropriate technology to address environmental pollution and meet environmental technical standards and regulations.

Article 4. Preparation, review, and approval of environmental impact assessment reports; registration and confirmation of environmental protection commitment statements; implementation of inspections and confirmations of compliance with report contents.

1. When establishing new investment construction projects or upgrading and repairing projects, the basis for preparing environmental impact assessment reports or registering and confirming environmental protection commitment statements must be based on the project's content and scale according to the laws on environmental protection.

2. The preparation, review, and approval of environmental impact assessment reports; registration and confirmation of environmental protection commitment statements; implementation, inspection, and confirmation of compliance with report contents must be carried out in accordance with the laws on environmental protection.

Article 5. Management of solid waste and medical waste

1. Collection, storage, transportation, and treatment of solid waste shall be conducted in accordance with the laws on solid waste management and hazardous waste management.

2. Collection, storage, transportation, and treatment of medical waste shall be conducted in accordance with the laws on medical waste management.

Article 6. Wastewater Management

1. Facilities must have plans for collecting and treating wastewater to ensure that it meets technical standards before being discharged into the environment.

2. The wastewater treatment system must meet the following requirements:

a) Using appropriate technological processes suitable for the type of wastewater to be treated;

b) Having sufficient capacity to treat all wastewater generated from the facility, with measures in place to address equipment failures promptly;

c) The discharge outlet must be located in a position conducive to monitoring and inspection, and comply with regulations on wastewater discharge.

3. Sludge from the wastewater treatment system must be managed in accordance with the laws on solid waste management.

Article 7. Management and Control of Dust, Emissions, Noise, Vibration, and Light

Facilities are responsible for controlling and treating dust, emissions, noise, vibration, and light to meet environmental technical standards. Construction works or machinery and equipment using fuels or materials that emit harmful dust and emissions must have shielding devices, emission reduction filters, or other measures to ensure compliance with environmental technical standards.

Article 8. Management and Control of Mold, Internal Roads, Greenery, Buffer Zones, and Environmental Scenery

Facilities are responsible for:

1. Controlling and managing mold, internal roads, greenery, buffer zones, and environmental scenery according to the scale, nature, and characteristics of the facility's operations.

2. Providing personal protective equipment for workers at the facility.

Article 9. Monitoring, Statistics, Storage of Environmental Data and Information

1. Facilities are responsible for conducting current environmental status monitoring and assessing environmental impacts caused by their activities. Environmental monitoring shall be carried out according to the provisions in the environmental impact assessment report, environmental protection commitment statement, environmental protection plan, or as follows:

a) Twice a year, facilities must cooperate with competent authorities to inspect and determine environmental factors;

b) Track the quantity, volume, condition, and changes in solid waste, wastewater, and emissions sources from the facility;

c) Forecast the quality changes of wastewater and emissions before and after treatment according to the monitoring program outlined in the environmental impact assessment report or environmental protection commitment statement.

2. Facilities are responsible for compiling and storing data to support environmental management work.

Article 10. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To take the lead and coordinate with the Ministry of Natural Resources and Environment to direct and guide the implementation of this Circular.

2. To take the lead and coordinate with the Ministry of Natural Resources and Environment to conduct investigations, surveys, statistics, analysis, and compile lists of pollution-generating facilities and serious pollution-generating facilities for submission to the competent authority for approval in accordance with the law.

3. To train and enhance the capabilities of staff in facilities.

4. To pilot and expand models for environmental protection and pollution control in facilities.

5. To disseminate information and promote environmental protection within facilities.

Article 11. Responsibilities of the Ministry of Natural Resources and Environment

1. Take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to develop and submit to competent authorities for issuance mechanisms, policies, and legal documents on management and protection of the environment for facilities.

2. Inspect activities related to management and protection of the environment in facilities.

3. Aggregate plans and allocate funds for environmental public services for management and care facilities under the Department of Labor, Invalids and Social Affairs according to the proposal of the Ministry of Labor, Invalids and Social Affairs.

Article 12. Responsibilities of Provincial People's Committees under the Central Government

Provincial People's Committees and municipal people's committees directly under the central government shall be responsible for directing:

1. The Department of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Department of Natural Resources and Environment to advise the provincial people's committee and municipal people's committees directly under the central government on directing and guiding the management and protection of the environment in facilities; aggregate funds for management and protection of the environment in facilities; inspect activities related to management and protection of the environment in facilities; train and provide training to enhance the capacity of staff in facilities; build models; promote environmental protection in facilities.

2. The Department of Natural Resources and Environment shall take the lead and coordinate with the Department of Labor, Invalids and Social Affairs to guide environmental protection work at facilities: train and instruct staff; aggregate annual budget plans from facility environmental public service funds and submit them to competent authorities for approval in accordance with the law; inspect, supervise, statistically evaluate annually to promptly address environmental pollution situations at facilities.

3. The Department of Finance shall balance the budget and allocate funds from the state budget for facilities based on proposals from the Department of Natural Resources and Environment and the Department of Labor, Invalids and Social Affairs.

Article 13. Responsibilities of Facilities

1. Adhere to legal regulations on environmental protection.

2. Develop and register environmental protection commitments and implement environmental protection tasks within the facility.

3. Prevent, limit, and mitigate negative impacts on the environment from facility activities.

4. Promote education and raise awareness about environmental protection among staff and students within the facility.

5. Implement reporting systems on the environment as stipulated by laws on environmental protection.

6. Accept inspections and audits by authorized state agencies and comply with inspection and audit systems for environmental protection.

7. Pay environmental protection fees and fulfill financial obligations regarding the environment.

8. Register hazardous waste management in accordance with regulations.

9. Train at least one (01) staff member with basic knowledge of the environment to assist facility leadership in environmental protection work.

10. Organize implementation of projects on waste treatment and environmental protection within the facility.

Article 14. Environmental Protection Activity Budget

Budgets for management and protection of the environment; investment in equipment, systems for waste treatment, and operation are mobilized from the following sources:

1. State budget (development capital; environmental public service funds).

2. Support from domestic and international organizations and individuals.

3. Revenue from production, business, and service activities.

4. Other sources as prescribed by law.

Article 15. Effective Date

1. This Circular takes effect from October 20, 2012.

2. Circular No. 35/2010/TTLT-BLDTBXH-BTNMT dated November 18, 2010 issued by the joint ministries of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Natural Resources and Environment on guidance for management and protection of the environment in facilities managing drug addicts, sex workers, and post-drug rehabilitation individuals ceases to be effective from the date this Circular takes effect.

3. During implementation, if there are emerging issues or difficulties, it is recommended that agencies, organizations, and individuals report to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Natural Resources and Environment for consideration and resolution./.