Circular No. 27/2025/TT-BCA on environmental testing for industrial emissions by the People's Public Security Force

CIRCULAR

Regulations on environmental testing for industrial emissions of the People's Public Security Forces

Pursuant to the Environmental Police Ordinance dated December 23, 2014;

Pursuant to Decree No. 105/2015/NĐ-CP dated October 20, 2015 of the Government detailing implementation of certain provisions of the Environmental Police Ordinance;   Pursuant to Decree No. 157/2024/NĐ-CP dated December 16, 2024 of the Government amending and supplementing certain provisions of Decree No.

NĐ105/2015/CP- dated October 20, 2015 ofthe Government detailing implementation of certain provisions of COrdinance "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Environmental Police CPursuant to Decree No. 135/20;

January 121/NĐ-CP dated 31 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;2 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;21 Pursuant to Decree No. 0

January 02/2025/NĐ-CP dated 18 of the Government stipulating the functions, tasks, powers, and organizational structure of2 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;25 At the proposal of the Director of the Environmental Crime Prevention Bureau Ministry of Public Security;

police environment The Minister of Public Security promulgates this Circular regulating environmental testing;

for industrial emissions This Circular regulates environmental testing for industrial emissions, including the following activities: Collecting samples of industrial emissions, measuring industrial emissions at the site, analyzing samples of industrial emissions by the People's Public Security Forces (hereinafter referred to as industrial emission testing). 1. Units and local public security agencies; officers, non-commissioned officers, and soldiers of the People's Public Security Forces performing the task of industrial emission testing. of the People's Public Security Forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Agencies, organizations, and individuals related to the activity of industrial emission testing by the People's Public Security Forces.

Article 2. Applicability

Article 3. Principles of application

1. Industrial emission testing must be carried out according to the methods prescribed in this Circular or the national technical regulations on industrial emissions.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

Industrial emissions

are emissions defined in the National Technical Regulation on Industrial Emissions QCVN 19:2024/BTNMT.

Article 4. Definitions

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

1. Industrial emission testing is the activity of collecting samples, measuring on-site, and analyzing samples of industrial emissions conducted according to a unified procedure to determine the concentration values of pollutants specified in the national technical regulations on industrial emissions.

2. Direct measurement device is a device that is placed in the environment to be measured and displays the value of the parameter being measured at the time of measurement.

3. Article 5. Professional conditions for industrial emission testers Personnel engaged in industrial emission testing must have a college degree or higher and hold a certificate of training or further education in industrial emission sample collection techniques, on-site industrial emission measurement, and industrial emission sample analysis organized by the Ministry of Public Security or competent authorities.

Article 6. Responsibilities of personnel and units managing industrial emission testers

1. Industrial emission testers when performing industrial emission testing duties shall be responsible for:

a) Adhering to the industrial emission testing procedures prescribed in this Circular;

b) Ensuring that the assigned testing equipment operates normally, stably, and is calibrated or tested according to legal metrology regulations; implementing measures to mitigate or limit impacts as advised or recommended by manufacturers; fully implementing quality control procedures and ensuring quality;

c) Refusing to collect samples or measure emissions on-site if the equipment does not meet technical requirements, the work position at the site is unsafe, or there are no safety measures for the personnel;

d) Being responsible for the use of equipment, methods, and procedures for industrial emission testing and the results collected through such means.

2. Units conducting industrial emission testing shall be responsible for:

a) Establishing records for managing testing equipment including: history; user guide; usage log; calibration or test certificates; handover record;

b) Organizing maintenance, calibration, and testing of testing equipment; purchasing chemicals and materials as required, promptly repairing testing equipment to ensure operations;

c) Establishing records on the professional qualifications of industrial emission testers including: scientific history; training records; relevant diplomas, certificates, and certifications;

d) Establishing records on industrial emission testing and related documents directly related to the testing case;

đ) Assigning personnel to ensure the professional qualifications for industrial emission testing;

e) Being responsible for the results of industrial emission testing.

d) Assign officials to ensure the professional capacity conditions for industrial exhaust gas testing;

e) Be responsible for the results of industrial exhaust gas testing.

Article 7. Selection of units to cooperate in industrial exhaust gas testing

1. In cases where the industrial exhaust gas testing unit under the People's Public Security force does not meet the requirements for professional capacity conditions, equipment conditions, then external units outside the Public Security sector shall be used. The cooperating unit must have a valid Certificate of Eligibility for Environmental Monitoring Service with the required parameters for testing.

2. When selecting a cooperating unit that meets the requirements for industrial exhaust gas testing, a list accompanied by the unit’s capability dossier must be established and approved by leadership. Only units listed and approved by leadership may be used.

3. During the process of collecting samples and measuring industrial exhaust gas on-site, units under the People's Public Security force must take the lead in implementation.

4. Funding for cooperation with units outside the Public Security sector for industrial exhaust gas testing shall be implemented according to the Government's regulations on administrative penalties in the field of environmental protection.

Chapter II

SPECIFIC PROVISIONS

Article 8. Determination of Industrial Exhaust Gas Parameters to be Tested

1. The parameters and methods for testing industrial exhaust gas are specified in Appendix 03 and Appendix 04 issued together with this Circular and in the national technical standards on industrial exhaust gas.

2. Environmental technical standards, environmental permits, types of production, scale, characteristics of pollution sources, information from operational activities, and requirements of competent state agencies are the basis for selecting characteristic parameters that may exceed permissible levels for testing.

Article 9. Procedure for Collecting Samples and Measuring Industrial Exhaust Gas On-Site

1. Staff assigned tasks are responsible for gathering necessary information to prepare a plan. The plan for collecting samples and measuring industrial exhaust gas on-site is prepared according to Appendix 01 issued together with this Circular and must be approved by the direct leader supervising the staff member to confirm the contents to be carried out.

2. Staff collecting samples and measuring industrial exhaust gas on-site must prepare all necessary files, materials, chemicals, tools, equipment, safety gear according to the approved plan, specifically:

a) Equipment preparation: equipment must be calibrated and tested according to legal provisions on measurement; maintained and inspected according to regulations of competent state agencies or manufacturer guidelines;

b) Preparation of tools, materials, chemicals, and filters: based on the testing method and required parameters, prepare sample containers, absorbents, adsorbents, and suitable gas sample containers. Filter materials must have higher temperature limits than exhaust gas temperatures and be compatible with the required parameters;

c) Preparation of auxiliary equipment including satellite positioning devices (GPS), cameras, walkie-talkies, computers (if available);

d) Preparation of personal protective equipment: fully prepare specialized protective gear such as heat-resistant and acid-resistant clothing, shoes, gloves; respirators or anti-toxic masks; safety harnesses; hard hats; first aid kits;

đ) Inspection and assembly of equipment: inspect sampling heads, check Pitot tube ends to ensure holes are free from dust causing errors; record identification marks (including container boxes, sample preservation packaging) before installing them on equipment; assemble sampling equipment according to manufacturer instructions and check for tightness. Seal sampling heads to prevent contamination during transport to sampling locations;

e) For direct measurement equipment, calibration using standard gases must be performed before each test;

g) Other suitable means, equipment, tools, chemicals, and supplies when required.

3. Conducting sample collection and measurement of industrial exhaust gas on-site:

a) Determine the location for sample collection and measurement of industrial exhaust gas on-site: conduct a site survey at the chimney to determine the on-site sampling and measurement location. The chimney must have a point (door) for on-site sampling and measurement with appropriate diameter and width, equipped with a cover to adjust opening size, work platform, lifting and lowering equipment plans, labor safety measures, power supply before on-site sampling and measurement;

b) The industrial exhaust gas testing method must comply with the methods specified in Appendix 03 and Appendix 04 issued together with this Circular.

4. Completion of on-site sample collection and measurement of industrial exhaust gas:

a) Staff conducting on-site sample collection and measurement of industrial exhaust gas must seal collected samples and establish records of implementation according to forms prescribed in Circular No. 61/2012/TT-BCA-C41 dated October 16, 2012, issued by the Minister of Public Security regarding forms used in environmental testing activities serving preventive, detection, and handling of violations of environmental protection laws by the People's Police (hereinafter referred to as Circular No. 61/2012/TT-BCA-C41) and forms prescribed in Appendix 05 issued together with this Circular. Records and seals must be signed by the sample collector and the owner of the pollution source or their representative, or a witness or local government representative;

b) The requesting unit prepares the request according to the Model Request for Environmental Sample Testing issued pursuant to Circular No. 61/2012/TT-BCA-C41;

c) If the sample is handed over to an external unit for testing, do not transfer the Record of Sample Collection and Sealing; in the Model Request for Environmental Sample Testing, do not include information related to the pollution source;

d) Staff collecting samples and measuring industrial exhaust gas on-site write the Report on On-Site Sample Collection and Measurement of Industrial Exhaust Gas according to the form in Appendix 02 issued together with this Circular.

5. The collection of samples and measurement of industrial emissions at the site must have the presence of the owner of the emission source or their representative. In cases where the owner of the emission source or their representative is absent or uncooperative, obstructing or opposing the sample collection and measurement activities at the site, the head of the working group shall cooperate with the police force, local authorities, and other competent forces (if necessary) to apply measures according to the provisions of the law to ensure the implementation of sample collection and measurement at the site and record the incident in a report.

Article 10. Transporting Industrial Emission Samples to the Testing Unit

1. All collected industrial emission samples must be preserved according to regulations throughout the transportation process. Samples that are stored and preliminarily processed (if applicable) at the site must comply with the parameters required for testing. Transportation of samples must maintain the quality and quantity of the samples. The transportation time and temperature during storage must adhere to sampling standards, analysis criteria, or current documents and regulations for each parameter.

2. The unit collecting the samples shall hand over the collected industrial emission samples along with the collection report and sealed environmental sample to the industrial emission testing unit (except in cases stipulated in point c, Clause 4, Article 9 of this Circular). The handover of environmental samples must be recorded in a report. When opening the seal, representatives from the industrial emission testing unit and the industrial emission sample collection unit must be present.

Article 11. Procedure for Analyzing Industrial Emission Samples

1. Personnel assigned to analyze industrial emission samples shall prepare appropriate equipment, tools, chemicals, and materials based on the parameters and methods of testing.

2. Personnel analyzing industrial emission samples shall conduct the analysis according to the procedures established for specific methods.

3. Completion of Industrial Emission Sample Analysis

Personnel analyzing industrial emission samples are responsible for writing the inspection report according to the Environmental Inspection Report form in the laboratory or the Environmental Inspection Conclusion form issued under Circular No. 61/2012/TT-BCA-C41.

Article 12. Ensuring Quality and Quality Control of Industrial Emission Inspections

The industrial emission inspection units within the People's Public Security when performing inspection tasks must establish and maintain requirements for quality control and assurance according to regulations, including provisions on infrastructure, environmental conditions, management and use of equipment, standard operating procedures, management of industrial emission samples, documentation and file control of industrial emission inspections, and related documents.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from June 1, 2025.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Director of the Environmental Crime Prevention Police Department is responsible for directing, guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Provincial Police Directors, Municipal Police Directors directly under the Central Government, and relevant organizations and individuals are responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units, organizations, and individuals shall report to the Ministry of Public Security (through the Environmental Crime Prevention Police Department) for timely guidance./.