Circular No. 27/2016/TT-BTNMT detailing the set of indices and the process for evaluating the results of marine and island environmental pollution control activities

CIRCULAR

Regulations on the detailed set of indices and the assessment of the results of marine and island environmental pollution control activities.

Pursuant to the Law on Environmental Protection 2014;

Pursuant to the Law on Natural Resources, Environment, Sea, and Islands dated June 25, 2015;n and island environmental pollution control activities in 2015;

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;

At the proposal of the General Director of the Vietnam Marine and Island Administration and the Head of the Legal Department;

The Minister of Natural Resources and Environment shall issue a Circular detailing the set of indices and the assessmentof the results of pollution controlactivity preventionof marineenvironment

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

and island.

Article 2. Applicability

This Circular stipulates the detailed set of indices and the assessment of the results of marine and island environmental pollution control activities.

Article 3. Explanation of Terms

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

1. Criteria are characteristics or signs serving as a basis for measuring, identifying, and classifying the required levels to be achieved for each evaluation content of the results of marine and island environmental pollution control activities.

2. Component criteria are requirements and conditions that need to be met for each criterion.

3. The index for assessing the results of marine and island environmental pollution control activities is a numerical ratio used to measure and indicate the level of quality achieved in the control of marine and island environmental pollution.

4. The set of indices for assessing the results of marine and island environmental pollution control activities is a tool for evaluating the implementation of marine and island environmental pollution control, reflecting objectively and comprehensively the activities of state management agencies in implementing pollution control contents.

Chapter II

SET OF INDICES FOR ASSESSING THE RESULTS OF MARINE AND ISLAND ENVIRONMENTAL POLLUTION CONTROL ACTIVITIES

Article 4. Set of indices for assessing the results of marine and island environmental pollution control activities

1. The set of indices for assessing the results of marine and island environmental pollution control activities includes the index for assessing the implementation results of pollution control contents and the index for assessing the results of marine and island environmental pollution control activities.

2. The index for assessing the implementation results of pollution control contents and the index for assessing the results of marine and island environmental pollution control activities are calculated based on the scale and points for assessing the results of marine and island environmental pollution control activities as stipulated in Article 6 of this Circular.

3. Pollution control contents within the scope of assessment include:

a) Leadership, guidance, and management of marine and island environmental pollution control activities;

b) Review, systematization; monitoring, inspection of the implementation of legal documents on marine and island environmental pollution control;

c) Investigation, statistics, classification, and assessment of pollutant sources from land, from activities at sea and on islands; the status of marine and island environmental pollution;

d) Regular monitoring and assessment of water quality, sediment, and biodiversity in marine and island areas;

đ) Prevention, detection, handling, and remediation of environmental pollution and degradation, and ecosystems at sea and on islands; improvement and restoration of polluted and degraded marine and island ecosystems;

e) Response and remediation of marine environmental incidents;

g) Propaganda, dissemination, and education to raise awareness of laws on protecting marine and island environments;

h) Inspection and supervision of compliance with laws on marine and island natural resources and environment, and resolution of complaints and grievances.

4. Criteria and component criteria for assessing the implementation results of pollution control contents and the results of marine and island environmental pollution control activities are specifically stipulated in Article 5 of this Circular.

Article 5. Criteria, component criteria

1. Leadership, guidance, management control of marine and island environmental pollution

a) Criterion 1.1: Work on issuing leadership, guidance, and management control documents for marine and island environmental pollution;

b) Criterion 1.2: Evaluation of results from leadership, guidance, and management control of marine and island environmental pollution.

2. Review, systematization; monitoring, inspection of the implementation status of legal normative documents on controlling marine and island environmental pollution

a) Criterion 2.1: Review and systematize legal normative documents on controlling marine and island environmental pollution;

b) Criterion 2.2: Handle the results of reviewing and systematizing legal normative documents on controlling marine and island environmental pollution;

c) Criterion 2.3: Monitor and inspect the implementation status of legal normative documents on controlling marine and island environmental pollution.

3. Investigation, statistics, classification, evaluation of pollutant sources from land, from activities at sea and on islands; the state of marine and island environmental pollution

a) Criterion 3.1: Investigate, statistically analyze, classify, and evaluate pollutant sources from land, from activities at sea and on islands;

b) Criterion 3.2: Evaluate the state of marine and island environmental pollution.

4. Regular monitoring and assessment of water quality, sediment, and biodiversity in marine and island areas

a) Criterion 4.1: Develop a regular monitoring program for water quality, sediment, and biodiversity in marine and island areas;

b) Criterion 4.2: Organize regular monitoring of water quality in marine and island areas;

c) Criterion 4.3: Organize regular assessments of water quality conditions in marine and island areas;

d) Criterion 4.4: Organize regular monitoring of sediment quality in marine and island areas;

đ) Criterion 4.5: Organize regular assessments of sediment quality conditions in marine and island areas;

e) Criterion 4.6: Organize regular monitoring of biodiversity in marine and island areas;

g) Criterion 4.7: Organize regular assessments of biodiversity conditions in marine and island areas;

h) Criterion 4.8: Inspect and assess the operation of automatic discharge monitoring systems on the sea and islands for entities as prescribed by the Environmental Protection Law 2014 and Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste and waste material management.

5. Prevention, detection, handling, remediation of environmental pollution and degradation, marine and island ecosystems; improvement and restoration of polluted and degraded marine and island environments and ecosystems

a) Criterion 5.1: Pollution prevention plan for environmental degradation and marine and island ecosystems;

b) Criterion 5.2: Detection, handling, remediation of environmental pollution and degradation, marine and island ecosystems;

c) Criterion 5.3: Improvement and restoration of polluted and degraded marine and island environments and ecosystems.

6. Response, remediation of marine environmental incidents

a) Criterion 6.1: Preparation for responding to marine environmental incidents;

b) Criterion 6.2: Detection, response, remediation of marine environmental incidents;

c) Criterion 6.3: Inspection, supervision of the implementation of marine environmental incident response plans.

7. Propaganda, dissemination, education to enhance legal awareness about marine and island environmental protection

a) Criterion 7.1: Plan for propaganda, dissemination, and education to enhance legal awareness about marine and island environmental protection;

b) Criterion 7.2: Results of implementing propaganda, dissemination, and education activities to enhance legal awareness about marine and island environmental protection;

c) Criterion 7.3: Forms of propaganda, dissemination, and education to enhance legal awareness about marine and island environmental protection.

8. Inspection, supervision of compliance with laws on marine and island natural resources and environment, resolution of complaints and grievances

a) Criterion 8.1: Inspection and supervision of compliance with laws on marine and island natural resources and environment;

b) Criterion 8.2: Resolution of complaints and grievances regarding marine and island natural resources and environment.

9. The component criteria of the criteria as stipulated in Clause 1, 2, 3, 4, 5, 6, 7, and Clause 8 are specified in Appendix 01 issued together with this Circular.

Article 6. Scale and Points for Evaluating the Results of Marine and Island Environmental Pollution Control Activities

1. The scale for evaluating the results of marine and island environmental pollution control activities is 100 points.

2. The points for evaluating the results of marine and island environmental pollution control activities are determined based on the nature of each content of marine and island environmental pollution control, prioritizing preventive measures, detection, handling, and remediation of pollution conditions and environmental incidents, degradation of marine environments and ecosystems; improving and restoring polluted and degraded marine environments and ecosystems.

3. The points for evaluating the contents specified in Clause 3, Article 4 of this Circular are as follows:

a) Leadership, guidance, and management of marine and island environmental pollution control activities: maximum score is 08 points;

b) Reviewing, systematizing; monitoring and inspecting the implementation of legal documents on marine and island environmental pollution control: maximum score is 08 points;

c) Investigating, statistics, classifying, and assessing sources of emissions from land, marine and island activities; the status of marine and island environmental pollution: maximum score is 12 points;

d) Regularly monitoring and assessing the current water quality, sediment, and biodiversity in marine and island areas: maximum score is 12 points;

đ) Preventing, detecting, handling, and remedying pollution and degradation of marine and island environments and ecosystems; improving and restoring polluted and degraded marine and island environments and ecosystems: maximum score is 30 points;

e) Responding to and remedying marine environmental incidents: maximum score is 12 points;

g) Promoting, disseminating, and educating to raise awareness of laws protecting marine and island environments: maximum score is 08 points;

h) Inspecting compliance with laws on marine and island resources and environment, and resolving complaints and grievances: maximum score is 10 points.

4. The points for the contents, criteria, and sub-criteria for evaluating the results of marine and island environmental pollution control activities are specifically stipulated in Appendix 01 issued together with this Circular.

Chapter III

EVALUATION OF THE RESULTS OF MARINE AND ISLAND ENVIRONMENTAL POLLUTION CONTROL ACTIVITIES

Article 7. Requirements for Evaluating the Results of Marine and Island Environmental Pollution Control Activities

1. Must ensure truthfulness, objectivity, comprehensiveness, and scientificity.

2. Must be based on the content of marine and island environmental pollution control within the scope of evaluation, criteria, and sub-criteria of each content to be evaluated.

3. The evaluation of the results of marine and island environmental pollution control activities must be conducted annually, with the evaluation period running from January 1 to December 31 of the evaluation year.

Article 8. Evaluation Process for the Results of Marine and Island Environmental Pollution Control Activities

1. Determine the evaluation index for the results of marine and island environmental pollution control activities.

2. Categorize the results of marine and island environmental pollution control activities.

3. Announce the results of the evaluation of marine and island environmental pollution control activities.

Article 9. Determination of the Evaluation Index for the Results of Marine and Island Environmental Pollution Control Activities

Where:

Total self-assessment points of the content = Total self-assessment points of all criteria of that content;

Maximum points of the content as prescribed in Clause 3, Article 6 of this Circular.

In which: Total self-assessment points = Total self-assessment points of the contents within the scope of tasks and authority of ministries, ministerial-level agencies, provincial People's Committees under central cities with coastal areas.

Total maximum points of the evaluation contents = Total maximum points of the contents within the scope of tasks and authority of ministries, ministerial-level agencies, provincial People's Committees under central cities with coastal areas. For contents not within the scope of tasks and authority of ministries, ministerial-level agencies, provincial People's Committees under central cities with coastal areas, points are not counted.

3. Points for criteria and sub-criteria are calculated according to the guidelines set out in Appendix 02 issued together with this Circular.

4. For marine and island environmental pollution control activities carried out by ministries, ministerial-level agencies, provincial People's Committees under central cities with coastal areas, contributing to better control of marine and island environmental pollution but not included in the contents and criteria prescribed in Clause 3, Article 4 and Article 5 of this Circular, additional points up to 05 points can be added to the total self-assessment points, but the total points shall not exceed 100 points.

5. Ministries, ministerial-level agencies, provincial People's Committees under central cities with coastal areas identified as responsible for serious marine environmental pollution according to the conclusion of competent state agencies shall have zero points for the content of preventing, detecting, handling, and remedying pollution and degradation of marine and island environments and ecosystems as stipulated in Point đ, Clause 3, Article 6 of this Circular.

Article 10. Classification of Results of Marine and Island Environmental Pollution Control Activities

1. The results of marine and island environmental pollution control activities shall be classified into four categories: good, satisfactory, average, and poor.

2. Criteria for classifying the results of marine and island environmental pollution control activities

a) If the evaluation index of the results of marine and island environmental pollution control activities is 85% or higher and none of the evaluation indices for the implementation of marine and island environmental pollution control activities as stipulated in Clause 3, Article 4 of this Circular reach below 70%, it shall be classified as good;

b) If the evaluation index of the results of marine and island environmental pollution control activities is from 70% to less than 85% and none of the evaluation indices for the implementation of marine and island environmental pollution control activities as stipulated in Clause 3, Article 4 of this Circular reach below 60%, it shall be classified as satisfactory;

c) If the evaluation index of the results of marine and island environmental pollution control activities is from 50% to less than 70% and none of the evaluation indices for the implementation of marine and island environmental pollution control activities as stipulated in Clause 3, Article 4 of this Circular reach below 50%, it shall be classified as average;

d) If the evaluation index of the results of marine and island environmental pollution control activities is below 50%, it shall be classified as poor.

Article 11. Documentation for Evaluating the Results of Marine and Island Environmental Pollution Control Activities

1. The evaluation of the results of marine and island environmental pollution control activities must be documented. The documentation for evaluating the results of marine and island environmental pollution control activities includes:

a) A summary table of self-assessment scores for criteria, component criteria, and evaluation indices for the results of marine and island environmental pollution control activities according to the model at Appendix 01 and Appendix 03 issued together with this Circular;

b) Documents proving the achievements in the contents of marine and island environmental pollution control activities, criteria, and component criteria;

c) A detailed report explaining the methods of assessment and scoring for the contents, criteria, and component criteria.

2. The documentation for evaluating the results of marine and island environmental pollution control activities shall be kept at the agency conducting the evaluation and sent one set to the Ministry of Natural Resources and Environment after announcing the results.

Article 12. Approval and Announcement of Evaluation Results of Marine and Island Environmental Pollution Control Activities

1. The evaluation results of marine and island environmental pollution control activities must be approved by the Minister, Head of a ministerial-level agency, People's Committee of provinces and centrally-run cities with coastal areas before being announced.

2. The announcement of the evaluation results of marine and island environmental pollution control activities for the evaluation year must be carried out before March 15 of the following year.

3. Content of the announcement: the summary table of the evaluation results of marine and island environmental pollution control activities as stipulated in Appendix 03 issued together with this Circular.

Chapter IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 13. Implementation Organization

1. Ministries, ministerial-level agencies, People's Committees of provinces and centrally-run cities with coastal areas within their scope of duties and powers shall be responsible for organizing the evaluation of the results of marine and island environmental pollution control activities in accordance with this Circular, publicly announcing the evaluation results on their electronic information websites, and sending the evaluation results along with the documentation for evaluating the results of marine and island environmental pollution control activities to the Ministry of Natural Resources and Environment.

2. The Vietnam Marine and Island Administration shall be responsible for guiding, monitoring, urging, and inspecting the implementation of this Circular.

Article 14. Effective Date

1. This Circular takes effect from November 15, 2016.

2. During the implementation process, if there are difficulties, ministries, ministerial-level agencies, People's Committees of provinces and centrally-run cities with coastal areas shall promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.