Circular No. 24/2023/TT-BCT stipulates on the management and implementation of tasks using the financial resources for environmental protection activities under the Ministry of Industry and Trade.

 

CIRCULAR

Regulations on management and implementation of tasks using state budget funds for environmental protection of the Ministry of Industry and Trade

 

Pursuant to the Law on Environmental Protection No. 72/2020/QH14 dated November 17, 2020;

Pursuant to the State Budget Law No. 83/2015/QH13 dated June 25, 2015;

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

On the basis of Decree number Decree No. 08/2022/NĐ-CP dated October 10 the 01 year 2022 of the Government detailing certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 06/2022/NĐ-CP dated January 7, 2022 of the Government on reducing greenhouse gas emissions and protecting the ozone layer;

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016, issued by the Government, detailing the implementation of certain provisions of the State Budget Law;

At the proposal of the Director of the Department of Safety Technology and Industrial Environment;

The Minister of Industry and Trade promulgates this Circular on management and implementation of tasks using state budget funds for environmental protection under the Ministry of Industry and Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the management and implementation of environmental protection tasks and climate change response tasks using state budget funds for environmental protection managed by the Ministry of Industry and Trade (hereinafter referred to collectively as tasks).

2. This Circular applies to organizations and individuals related to the management and implementation of tasks using state budget funds for environmental protection managed by the Ministry of Industry and Trade.

Article 2. Interpretation of Terms

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

1. Environmental protection task is a task or project using state budget funds for environmental protection managed by the Ministry of Industry and Trade, including the contents specified in Clause 1, Article 3 of this Circular.

2. Climate change response task is a task or project using state budget funds for environmental protection managed by the Ministry of Industry and Trade, including the contents specified in Clause 2, Article 3 of this Circular.

3. Environmental protection plan is a collection of environmental protection tasks aimed at addressing one or more issues related to environmental protection work in the industry and trade sector.

4. Climate change response plan is a collection of climate change response tasks aimed at addressing one or more issues related to climate change response work in the industry and trade sector.

5. Task management agency: The Department of Industrial Safety and Environmental Technology is the agency managing environmental protection tasks and plans in the industry and trade sector, while the Department of Energy Saving and Sustainable Development is the agency managing climate change response tasks and plans in the industry and trade sector.

6. Leading implementing agency is the unit with sufficient capacity assigned by the Ministry of Industry and Trade to undertake, commission, or select to perform the task.

Article 3. Tasks of the Industry and Trade Sector

Tasks must originate from practical requirements for environmental protection and climate change response within the jurisdiction of the Ministry of Industry and Trade and be consistent with current regulations, including:

1. Environmental protection tasks

Environmental protection tasks aimed at organizing and implementing legal provisions on environmental protection within the jurisdiction of the Ministry of Industry and Trade include the following main contents:

a) Developing and proposing policies and legal regulations of the industry and trade sector to implement and carry out strategies, plans, programs, projects, proposals, mechanisms, and policies on environmental protection assigned by the Government, the Prime Minister, and competent authorities to the Ministry of Industry and Trade.

b) Building, updating, and maintaining the operation of the environmental information system and database in the industry and trade sector; Preparing reports on the implementation of environmental protection tasks by the Ministry of Industry and Trade; Supervising the implementation of legal documents on environmental protection issued by the Ministry of Industry and Trade.

c) Developing and issuing guidelines and manuals on waste management, waste auditing, environmental management, emergency response to environmental incidents, and circular economy activities in accordance with the law in industries and sectors under the jurisdiction of the Ministry of Industry and Trade.

d) Implementing environmental quality assessment programs; Investigating and assessing the impact of pollutant sources; Developing solutions for environmental management at energy centers, industrial clusters, and high-risk production facilities for environmental pollution.

đ) Investigating, surveying, evaluating, and developing technical guidance for preventing and responding to environmental emergencies caused by chemical leaks and releases in the industrial sector.

e) Investigating, surveying, evaluating, classifying waste, and developing policies, standards, and technical guidance on reusing, recycling, and utilizing waste as raw materials and materials for production, business, and service activities in industries and sectors under the jurisdiction of the Ministry of Industry and Trade.

g) Investigating, surveying, and evaluating persistent organic pollutants (POPs) used in industries; Inventorying unintentional releases of POPs from industries; Applying measures to reduce, replace, and minimize emissions, reuse, and recycle waste, and protect the environment regarding POPs and products, goods, materials, fuels, equipment containing POPs.

h) Communicating, training, disseminating knowledge, and promoting laws to raise awareness about environmental protection; Organizing and awarding prizes for environmental protection to organizations and individuals in accordance with the law; Promoting and informing about environmentally friendly technologies, environmental product markets.

i) International integration and international cooperation on environmental protection, including: Signing and implementing international treaties and agreements on environmental protection; Counterpart funding for international cooperation projects on environmental protection in accordance with the law.

k) Activities of steering committees, management boards, and permanent offices for environmental protection decided by competent authorities and other related activities approved by the Minister of Industry and Trade.

l) Performing other tasks assigned by competent authorities and the Minister of Industry and Trade (if any).

2. Climate change response tasks

Climate change response tasks aimed at organizing and implementing legal provisions on climate change response within the jurisdiction of the Ministry of Industry and Trade include the following main contents:

a) Develop and propose policies for the Industry and Trade sector to implement strategies, plans, programs, projects, proposals, mechanisms, policies, and laws on responding to climate change assigned by the Government, Prime Minister, or competent authorities to be led by the Ministry of Industry and Trade.

b) Investigate, survey, compile statistics on activities, inventory greenhouse gas emissions, assess the current status of greenhouse gas emissions at the sectoral and facility levels, update and establish lists of sectors and facilities required to conduct greenhouse gas inventories; prepare sectoral and field-level greenhouse gas inventory reports within the scope of management of the Ministry of Industry and Trade; develop and update emission factors for national greenhouse gas inventories in sectors and fields under the Ministry's jurisdiction.

c) Establish and operate systems for measuring, reporting, and verifying greenhouse gas emission reductions at the sectoral, field, and facility levels; develop reduction plans for greenhouse gas emissions at the field and sectoral levels; prepare reports on the results of greenhouse gas emission reduction efforts managed by the Ministry of Industry and Trade.

d) Establish, update, and maintain information systems and databases on greenhouse gas emissions and greenhouse gas emission reduction efforts in the industry and trade sector; prepare reports on the implementation of climate change response tasks of the Ministry of Industry and Trade and inspections of compliance with laws on climate change response within the Ministry's jurisdiction.

e) Develop, update, amend, and issue guidelines and handbooks for greenhouse gas emission inventories, measurement systems, reporting, and verification of greenhouse gas emission reduction results, and participation in domestic and international carbon credit markets according to legal provisions in sectors and fields under the Ministry of Industry and Trade's jurisdiction.

f) Communicate, train, disseminate knowledge, and promote laws to raise awareness about climate change response; provide information on products, goods, and services with low greenhouse gas emissions, greenhouse gas emission reductions, and effective adaptation to climate change.

g) Activities of the Steering Committee, Management Board, and Permanent Office for climate change response as decided by competent authorities; counterpart funds for international cooperation projects on climate change response (if any) and other related activities are approved by the Minister of Industry and Trade.

h) Perform other tasks assigned by competent authorities or the Minister of Industry and Trade (if any).

Chapter II

SPECIFIC PROVISIONS

Section 1

Develop plan

Article 4. Registration and consolidation of environmental protection plans and climate change response plans

1. In the first quarter of each year, based on management requirements, strategies, plans, programs, environmental protection plans, and climate change response plans of the country and the sector, the managing agency shall draft guidance documents for units to register their tasks for the following year. The guidance content will be published on the Ministry of Industry and Trade’s official website.

2. The registration dossier includes:

a) Proposal document for ministry-level tasks;

b) List of proposed tasks compiled in priority order according to Model B1a-DXNV;

c) Detailed project description for environmental protection tasks according to Model B1b-TMMT and for climate change response tasks according to Model B1c-TMBĐKH.

The dossier consists of one original set (with stamps and signatures) bound into one volume, presented and printed on A4 paper using Times New Roman font according to Vietnamese standard TCVN 6909:2001.

3. Submission of the task registration dossier

The dossier can be sent via postal service, submitted directly, or transmitted through electronic information networks to the managing agency as follows:

a) For environmental protection tasks, the dossier should be sent to the Department of Industrial Safety and Environmental Technology - Ministry of Industry and Trade. Email: [email protected].

b) For climate change response tasks, the dossier should be sent to the Department of Energy Efficiency and Sustainable Development - Ministry of Industry and Trade. Email: [email protected].

The electronic submission of the dossier includes a scanned copy of the original dossier (with stamps and signatures) and components as stipulated in Clause 2 of this Article.

4. Based on current regulations, guidance documents, and task registration dossiers from units, the managing agency will consolidate a list of tasks, review, and select tasks that meet the conditions for using public funds for environmental protection and submit to the Minister of Industry and Trade to form an advisory committee to evaluate and select tasks.

5. Activities of the Advisory Committee for Task Evaluation and Selection

a) The Advisory Committee for Task Evaluation and Selection must have a minimum of seven members, including: one Chairperson, one Deputy Chairperson, one Secretary Member, and Members who are representatives of subordinate units of the Ministry, experienced experts with relevant professional qualifications corresponding to the content and nature of the tasks, excluding representatives of the leading agencies.

b) The Advisory Committee for Task Evaluation and Selection is responsible for advising the managing agency and the Ministry of Industry and Trade to determine and select proposals for implementation; evaluating and recommending the scope, objectives, content, expected results, methods, schedules, and budget estimates for implementing the tasks.

c) Principles and procedures for the Advisory Committee for Task Evaluation and Selection

- The Committee operates on the principles of democracy and objectivity; individual members are responsible for the objectivity and accuracy of independent advisory opinions, while the Committee collectively bears responsibility for its conclusions. At least two-thirds of the Committee members must participate in meetings, including the Chairperson or Deputy Chairperson and the Secretary Member. Committee conclusions are adopted when at least two-thirds of the members present agree through direct voting or rating.

- The Council reviews and evaluates based on the registration file for the task. The Chairman of the Council controls the meeting session. In case the Chairman of the Council is absent, the Vice-Chairman of the Council will control the meeting session. Members of the Council participating in the meeting have the responsibility to write evaluation forms according to model B2a-ĐGĐX.

- The Secretary member has the responsibility to establish the minutes of the Council's work according to model B2b-BBXC.

6. Approving the implementation plan for the task

Based on the Council's meeting minutes, the managing agency informs the leading agency to complete the detailed description and budget estimate of the task.

The Department of Safety and Environmental Technology Industry leads, in coordination with the Department of Energy Efficiency and Sustainable Development, to complete the environmental protection plan and climate change response plan of the Ministry of Industry and Trade, compile and submit to the Minister for approval of the Ministry of Industry and Trade's plan and list of tasks, and send to the Ministry of Natural Resources and Environment as prescribed.

Section 2

Implementation of the plan

Article 5. Approval of the task and the state budget estimate

1. Based on the opinion of the Ministry of Natural Resources and Environment regarding the implementation plan for the task, the managing agency coordinates with the leading agency to review and adjust the implementation plan, detailed description, and budget estimate of the task, and submit to the Minister of Industry and Trade for issuance of the Decision approving the task for the planning year. The approval process shall be completed in December of the year preceding the planning year.

2. Based on the decision of the Ministry of Finance regarding the allocation of the state budget revenue and expenditure plan for the year from the environmental protection public service fund to the Ministry of Industry and Trade; Based on the decision of the Ministry of Industry and Trade approving the task for the planning year, the Department of Planning and Finance submits to the leadership of the Ministry for approval and allocation of the environmental protection public service expenditure budget to the implementing units in accordance with the State Budget Law.

Article 6. Organization and implementation of the plan

1. Based on the Decision of the Minister of Industry and Trade approving the task, the list of tasks to be implemented in the planning year will be posted on the Ministry of Industry and Trade's electronic portal.

Units assigned tasks in the planning year have the responsibility to complete the detailed description and sign the implementation contract.

The implementation contract for the task specified in form B3a-HĐMT (for tasks stipulated in Clause 1, Article 3 of this Circular) and form B3b-HĐBĐKH (for tasks stipulated in Clause 2, Article 3 of this Circular).

2. During the implementation period, if there are changes or adjustments to the detailed description and budget estimate of the approved task, depending on the extent of the adjustment, the leading agency shall proceed as follows:

a) In cases where the changes or adjustments do not affect the contents already specified in the task approval decision, the leading agency sends an explanatory letter and adjusted detailed description to the managing agency for examination and resolution. The leading agency may only implement according to the adjusted detailed description upon approval by the managing agency.

b) In cases where the changes or adjustments affect the contents already specified in the task approval decision, including: Task name, objectives, main implementation contents, expected products, leading agency, implementation time, implementation funds; The leading agency sends an explanatory letter to the managing agency for consolidation and reporting to the Ministry of Industry and Trade for consideration and decision. The leading agency may only implement the adjusted contents after approval by the Ministry of Industry and Trade.

Article 7. Reporting and Inspection of Task Implementation

1. Based on the progress of the Contract implementation, the leading agency shall be responsible for submitting reports on the implementation status of the tasks to the managing agency according to the requirements at form B4a-BCNV.

2. Based on the reports from the leading agency, the managing agency shall organize inspections and evaluations of the task implementation situation. Unscheduled inspections shall be carried out upon request of the competent authority. The inspection minutes are specified in form B4b-BBKT.

Section 3

Acceptance and Submission of Task Results

Article 8. Acceptance of Basic-Level Tasks

1. All tasks must be evaluated and accepted for their results at the basic-level acceptance council.

2. The head of the leading agency decides to establish a basic-level acceptance council with a minimum of five members, including representatives of individuals and experts with capability, experience, and appropriate professional qualifications corresponding to the nature and content of the task to conduct checks and evaluations of the implementation results and products in accordance with the approved project outline description.

The working results of the basic-level acceptance council are submitted along with the application for acceptance of the basic-level task to the managing agency. In cases where the basic-level acceptance council evaluates that the implementation results and products do not meet the approved project outline description contents, the higher-level task acceptance will not proceed.

3. The leading agency is responsible for accepting the basic-level task and bears legal responsibility for the acceptance results.

Article 9. Acceptance of Ministry-Level Tasks

1. The evaluation of the implementation results at the ministry level is conducted after the managing agency receives all the documents for the application for acceptance of the ministry-level task from the leading agency.

2. For annual regular tasks as stipulated in points b, h, and k of Clause 1 of Article 3 of this Circular, based on the nature, content, and product requirements of the task, the managing agency considers and requests the Minister of Industry and Trade to decide on establishing the task acceptance council or confirming the completion of the task according to form B5a-XNNV.

3. The application documents for the acceptance of the ministry-level task include:

a) One document requesting the acceptance of the task from the leading agency;

b) One final report on the implementation of the task;

c) The working results of the basic-level acceptance council (including the decision to establish the basic-level council, one set of evaluation forms, comments from council members, and the minutes of the basic-level acceptance council meeting (photocopy or scanned copy));

d) The decision approving the task and the approved project outline description (photocopy or scanned copy);

đ) Other products as required by the Contract, project outline, and approved budget.

4. Activities of the Ministry-Level Acceptance Council

a) The Ministry-Level Acceptance Council is established by the Minister of Industry and Trade, comprising representatives of relevant agencies and experienced experts with appropriate professional qualifications corresponding to the nature and content of the task.

b) The Ministry-Level Acceptance Council has a minimum of seven members, including: one Chairperson, one Deputy Chairperson, one Secretary Member, two Review Members (if necessary), and other members representing subordinate units of the Ministry, experienced experts with appropriate professional qualifications corresponding to the nature and content of the task.

c) The session of the Ministry-Level Acceptance Council must have at least two-thirds of its members participating, including the Chairperson or Deputy Chairperson, the Secretary Member, and at least one Review Member (for councils with Review Members). The Chairperson controls the session; if the Chairperson is absent, the Deputy Chairperson controls the session. Council members participating in the session are responsible for completing the evaluation form according to form B5b-ĐGNT.

d) The Ministry-Level Acceptance Council evaluates the task implementation results through voting at one of three levels: "Approved," "Approved with Product Improvement," or "Not Approved." A task is considered "Not Approved" if less than two-thirds of the participating council members vote for "Approved" or "Approved with Product Improvement."

đ) If the Ministry-Level Acceptance Council evaluates the task result at the "Not Approved" level:

- If the adjustment of the implementation time during the task execution has not been approved according to point b of Clause 2 of Article 6 of this Circular, it may be reconsidered for time adjustment but not exceeding six months;

- The acceptance council recommends time adjustment, and the leading agency must submit a document requesting time adjustment (along with the acceptance council minutes and resolution plan) to the Ministry of Industry and Trade;

- Within ten working days from receiving the time adjustment request from the leading agency, the Ministry of Industry and Trade reviews and informs about the time adjustment for the task;

- After the adjusted implementation period, the re-evaluation is conducted according to Article 9 of this Circular but not more than once per task. If the second acceptance still results in "Not Approved," the task execution will be suspended and the contract terminated, and the managing agency will coordinate with the Department of Planning and Finance and related units to determine the amount of state funds to be refunded according to current regulations.

e) The minutes of the Ministry-Level Acceptance Council meeting are recorded in form B5c-BBNT as the basis for the acceptance and settlement of the task by the leading agency.

Article 10. Submission of products and application of results from implementing tasks

1. Within thirty days from the date of the Ministry's Acceptance Board meeting, the leading agency responsible for implementation shall complete and submit the dossier and products of the task to the task management agency, including:

a) The acceptance request document and contract termination document for the task implementation, accompanied by the Summary Table explaining and incorporating improvements to the task products based on the conclusions of the Ministry's Acceptance Board.

b) One printed copy of the main products of the task signed and stamped by the leading agency, including: the consolidated report, the summary report of the task implementation results, and other products according to the approved project outline.

c) Electronic files in Microsoft Word and PDF formats of the consolidated report, the summary report of the task implementation results, specialized reports, and other products according to the approved project outline.

2. After submission, the results and products of the task will be disseminated and applied to relevant units within and outside the Ministry of Industry and Trade as prescribed.

Section 4

Contract Termination and Financial Settlement

Article 11. Contract Termination for Task Implementation

Based on the acceptance request dossier and contract termination document of the leading agency, the contract termination will be completed within ten days from the date when the task management agency receives the revised products according to the Ministry's Acceptance Board's comments.

For annual recurring tasks specified in points b, h, and k of Clause 1, Article 3 of this Circular, if confirmed as completed by the task management agency, the completion confirmation document serves as the basis for acceptance and contract termination by the leading agency.

The acceptance and contract termination minutes for tasks executed under Model B3a-HĐMT are stipulated in Model B6a-BBTLMT. The acceptance and contract termination minutes for tasks executed under Model B3b-HĐBĐKH are stipulated in Model B6b-BBTLBĐKH.

Article 12. Financial Settlement

1. For leading agencies that are direct budgetary units of the Ministry, the Department of Planning and Finance shall lead the review of financial settlement for environmental protection expenses.

2. For leading agencies not belonging to direct budgetary units of the Ministry (units receiving funds through the Industrial Safety and Environmental Technology Agency account), the Industrial Safety and Environmental Technology Agency shall lead the review of financial settlement for environmental protection expenses, simultaneously compiling it into the Agency's financial settlement report to be submitted to the Ministry of Industry and Trade for approval in accordance with state budget laws. The leading agency shall prepare the financial settlement voucher list according to Model B6c-QTMT.

3. For leading agencies not belonging to direct budgetary units of the Ministry (units receiving funds through the Ministry of Industry and Trade Office account), the Ministry of Industry and Trade Office shall lead, in coordination with the Department of Energy Efficiency and Sustainable Development, the review of financial settlement for environmental protection expenses, compiling it into the Office's financial settlement report to be submitted to the Ministry of Industry and Trade for approval in accordance with state budget laws. The leading agency shall prepare the financial settlement voucher list according to Model B6d-QTBĐKH.

4. For multi-year tasks, the task management agency shall conduct volume acceptance annually. Within thirty days from the date of the Ministry's Acceptance Board acceptance, the leading agency shall be responsible for preparing the financial settlement report for the expenses used in the year and the consolidated report of all task expenses implemented.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of Units

1. Department of Safety and Environmental Technology

a) The focal point for compiling plans to implement tasks managed by the Ministry of Industry and Trade;

b) To lead, guide, and organize the implementation of the provisions of this Circular for the tasks specified in Clause 1, Article 3 of this Circular and relevant current laws;

c) To lead and coordinate with related units to guide, organize the implementation, and inspect the execution of the provisions of this Circular.

2. Department of Energy Efficiency and Sustainable Development

a) To lead, guide, and organize the implementation of the provisions of this Circular for the tasks specified in Clause 2, Article 3 of this Circular and relevant current laws;

b) To coordinate with the Department of Safety and Environmental Technology to implement Point a, Clause 1 of this Article;

c) To coordinate with the Department of Planning and Finance to implement the provisions of Clause 2, Article 5 of this Circular;

d) To coordinate with the Office of the Ministry of Industry and Trade to implement the provisions of Clause 3, Article 12 of this Circular.

3. Department of Planning and Finance

To lead the final settlement of environmental protection operating expenses in accordance with the State Budget Law and related guiding documents.

4. Leading Unit Implementing the Tasks

a) Directly manage the implementation of tasks including: Assigning tasks, signing contracts with organizations or individuals for cooperation; Monitoring progress, inspecting execution, and organizing acceptance according to regulations.

b) When necessary, propose to the Ministry of Industry and Trade or the managing agency to adjust the content, budget, time frame, and leading and participating members of the task.

Article 14. Effective Date

1. This Circular takes effect from January 5, 2024, and replaces Circular No. 23/2018/TT-BCT dated August 28, 2018, issued by the Ministry of Industry and Trade on the management and implementation of environmental protection tasks in the industry and trade sector.

2. The Head of the Ministry's Office, the Director of the Department of Safety and Environmental Technology, the Heads of the Departments of Planning and Finance and Energy Efficiency and Sustainable Development, and the Heads of related agencies and units shall be responsible for implementing this Circular based on their assigned functions and tasks.

3. During the implementation process, if there are difficulties, agencies and units shall promptly reflect them in writing to the Ministry of Industry and Trade for consideration and resolution./.