Circular No. 22/2013/TT-BCT stipulates the declaration, management, and use of environmental databases in the industry and trade sector.

CIRCULAR

Regulations on declaration, management, and use of environmental databases in the industry and trade 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. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government on the collection, management, exploitation, and utilization of data on natural resources and the environment;

At the proposal of the Director of the Industrial Technical Safety and Environmental Protection Department,

The Minister of Industry and Trade issues this Circular stipulating the declaration, management, and utilization of environmental database for the industry sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the declaration, management, and utilization of environmental database for the industry sector in the fields of industrial production on the electronic information network www.moitruongcongthuong.vn.

Article 2. Applicability

This Circular applies to the following entities:

1. A limited liability company that is the parent company of an economic group; the parent company of a State-owned corporation; a joint-stock corporation under the management of the Ministry of Industry and Trade (hereinafter referred to as Level I enterprise).

2. A corporation under the management of the Ministry of Industry and Trade belonging to an economic group (hereinafter referred to as Level II enterprise).

3. Limited liability companies with one member, limited liability companies with two members or more, and joint-stock corporations with state capital where Level I enterprises and Level II enterprises act as representatives of the owners of such capital (hereinafter referred to as Level III enterprises).

4. Environmental database management agency.

3. An electronic transaction account for the issuance of work permits for foreign workers is an account registered by employers to log in to the electronic portal to issue work permits for foreign workers.

Article 3. Explanation of Terms

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

1. Industrial environmental database (hereinafter referred to as environmental database) is a comprehensive set of all environmental data within the scope of management by the Ministry of Industry and Trade and other related environmental data on the electronic information network www.moitruongcongthuong.vn (the website on environmental database).

2. Declaration of the environmental database is the process of processing, evaluating, and digitizing environmental data into the environmental database.

3. Management of the environmental database are activities aimed at ensuring the safe and stable operation of the environmental database on the electronic information network and other activities assisting organizations and individuals in implementing the provisions of this Circular.

4. Use of the environmental database is the exploitation of environmental data in the environmental database by organizations and individuals for purposes of environmental management and reporting.

Chapter II

DECLARATION, MANAGEMENT, AND USE OF ENVIRONMENTAL DATABASES

Article 4. Registration of Access Account to the Environmental Database

The procedure for registering access accounts to the environmental database is as follows:

1. Request for account issuance:

a) Level II enterprises compile a list of Level III enterprises under their management and request Level I enterprises to consolidate it into the general list of Level I enterprises;

b) Level I enterprises compile a list of Level II and Level III enterprises under their management and request the environmental database management agency to issue access accounts to these entities.

The form for requesting account issuance is attached as an appendix to this Circular.

2. Issuance of Access Account

The issuance of access accounts is carried out in the following steps:

a) The environmental database management agency creates access accounts to the environmental database for the entities based on the written requests from Level I enterprises; Notifies Level I enterprises of the list of created access accounts;

b) Level I enterprises notify Level II and Level III enterprises under their management about the list of access accounts to the environmental database;

c) Level I, II, and III enterprises log in to the environmental database for the first time and change their login passwords to protect the issued access accounts.

3. Enterprises requiring changes or re-registration of access accounts to the environmental database shall follow the provisions of Clause 1 and 2 of this Article.

4. Organizations and individuals specified in Clause 5, Article 2 of this Circular who wish to use the environmental database must submit a request to the environmental database management agency for consideration and issuance of access accounts.

Article 5. Environmental Database Declaration

1. Environmental data declared by Level III enterprises:

a) Data on general information of the enterprise;

b) Environmental permit data of the enterprise (including: Decision approving the environmental impact assessment report, environmental protection commitment, environmental protection plan; certificate of completion of environmental protection works and other permits);

c) Data on the use of raw materials, fuels, and energy;

d) Data on sources of emissions, emission volumes, and management and treatment of waste (air emissions, wastewater, solid waste, hazardous waste, noise, vibration);

đ) Data on the results of regular environmental monitoring conducted by the enterprise.

2. Environmental data declared by the environmental database management agency:

a) Data on the handling of serious pollution sources managed by the Ministry of Industry and Trade;

b) Data on the results of annual environmental inspections and supervision;

c) Other data necessary to maintain and upgrade the environmental database in accordance with the law.

3. The annual declaration of the environmental database by the entities specified in Clauses 1 and 2 of this Article must be completed before March 31 of the following year.

4. On the homepage of the electronic information network on the environmental database, there is a "Guide for Use" document used to assist entities in declaring environmental data in accordance with the provisions of this Circular.

Article 6. Management of Environmental Database

1. The contents of managing the environmental database include:

a) Maintaining the stable operation of the environmental database system on the electronic information network;

b) Granting access accounts and usage permissions to organizations and individuals;

c) Upgrading the system, storing, and ensuring the security of data in the environmental database;

d) Checking and evaluating environmental data declared by enterprises;

đ) Other related management activities.

2. Annually, the environmental database management agency develops plans and implements management activities for the environmental database.

Article 7. Use of Environmental Database

1. The use of the environmental database is carried out according to the authority granted by the environmental database management agency:

a) The environmental database management agency has the authority to use all data and information in the environmental database;

b) Level I enterprises have the authority to use environmental data declared by Level III enterprises under their management;

c) Level II enterprises have the authority to use environmental data declared by Level III enterprises under their management;

d) Level III enterprises have the authority to use environmental data they declare themselves;

đ) Organizations and individuals specified in Clause 5, Article 2 of this Circular may use environmental data within the scope determined by the environmental database management agency.

2. The subjects mentioned in points a, b, c, d of Clause 1 of this Article shall use environmental data within the scope of their authorized powers to implement periodic environmental reports and other purposes as prescribed by law. Periodic environmental reports shall be established in the "Report" folder on the electronic information website of the environmental database.

Chapter III

RESPONSIBILITIES FOR IMPLEMENTATION

Article 8. Responsibilities of Enterprises

1. Level I enterprises shall be responsible for urging and inspecting the declaration of the environmental database of enterprises under their management scope; coordinating with the environmental database management agency to guide enterprises to comply with the provisions of this Circular.

2. Level II enterprises shall be responsible for urging and inspecting the declaration of the environmental database of Level III enterprises under their management scope; coordinating with Level I enterprises and the environmental database management agency to guide enterprises to comply with the provisions of this Circular.

3. Level III enterprises shall be responsible for implementing declarations in accordance with Clause 1 of Article 5 of this Circular and shall bear legal responsibility for the accuracy and truthfulness of the data they declare.

4. Level I, II, and III enterprises shall be responsible for protecting the access accounts issued to them, preventing unauthorized entities from using their access accounts to access the environmental database.

5. The completion of the responsibilities of Level I, II, and III enterprises as stipulated in this Circular shall serve as the basis for competent authorities to consider commendation and rewards and to handle responsibilities according to current regulations.

Article 9. Responsibilities of the Environmental Database Management Authority

1. Implement the declaration of environmental data in accordance with Clause 2 of Article 5 of this Circular and bear legal responsibility for the accuracy and truthfulness of the data declared by themselves.

2. Establish access accounts and grant usage permissions to relevant entities; guide, inspect, and supervise the declarations of enterprises; organize the implementation of environmental database management contents.

3. Provide environmental data to the national environmental database upon request of the competent authority.

Article 10. Responsibilities of other organizations and individuals

1. The E-commerce and Information Technology Department shall take the lead and coordinate with the environmental database management agency to maintain stable operation of the environmental database system on the electronic information network.

2. Other organizations and individuals shall be responsible for using environmental data within the scope authorized by the environmental database management agency, and protecting the access accounts to the environmental database issued to them.

Chapter IV

IMPLEMENTATION

Article 11. Implementation Provisions

1. The Department of Safety and Environmental Protection for Industry is the agency managing the environmental database.

2. The Directors of the Departments of Safety and Environmental Protection for Industry, E-commerce and Information Technology; the General Directors of Groups and Corporations under the Ministry of Industry and Trade; the General Directors of Subsidiaries, Member Companies, and Associated Companies of Groups and Corporations; and the Heads of related organizations shall organize the implementation of this Circular.

Article 12. Effective Date

This Circular shall take effect from December 25, 2013.

In the course of implementation, if any difficulties arise, organizations and individuals are requested to promptly report to the Ministry of Industry and Trade for amendments and supplements to this Circular to ensure its appropriateness./.