Circular No. 276/TT-MT guides the control of pollution for production and business establishments after the approval decision on the environmental impact assessment report.

 CIRCULAR

Guidelines on pollution control for production and business establishments following approval of environmental impact assessment reports
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Pursuant to Articles 16, 18, 37, and 38 of the Environmental Protection Law adopted by the National Assembly of the Socialist Republic of Vietnam on December 27, 1993 at its fourth session, Ninth Term.

Pursuant to Article 4 and Article 8 of Decree No. 175-CP dated October 18, 1994 of the Government guiding the implementation of the Environmental Protection Law.

Pursuant to Decree No. 22-CP dated May 22, 1993 of the Government stipulating tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment.
Considering the current reality of environmental management activities and aiming to gradually establish pollution control procedures for production and business operations; the Ministry of Science, Technology, and Environment issues this Circular on pollution control for production and business establishments following approval of environmental impact assessment reports.

Chapter 1:
GENERAL PROVISIONS

Article 1. The concept of pollution control referred to in this Circular means the process of monitoring and inspecting environmental aspects of production and business establishments from the time they receive approval of environmental impact assessment reports until they obtain certificates of compliance with environmental standards.

Article 2. The objects subject to this Circular are production and business establishments that have been approved environmental impact assessment reports by central and local state management agencies on environmental protection.

Article 3. The commencement time for pollution control of production and business establishments is the moment when such establishments start operating waste treatment facilities according to requirements set forth in the approval decision of environmental impact assessment reports.

Article 4. The basis for implementing pollution control is the contents recorded in the approval decision of environmental impact assessment reports, periodic reports on environmental protection work of production and business establishments, and laws and regulations on environmental protection.

Chapter 2:
CONTENTS OF POLLUTION CONTROL

Article 5. Objectives of Pollution Control.

- Ensuring compliance with environmental protection laws and regulations in the operations of production and business establishments from the time they receive approval decisions of environmental impact assessment reports.

- The results of pollution control activities serve as the basis for state management agencies on environmental protection to issue certificates of compliance with environmental standards (also known as environmental permits).

Article 6. Issuance of Pollution Control Confirmation Certificates.

After production and business establishments begin operating waste treatment facilities according to requirements set forth in the approval decision of environmental impact assessment reports, these establishments shall submit applications (according to Form 1 in the Appendix) for state management agencies on environmental protection at central and local levels to consider issuing pollution control confirmation certificates as follows:

- The Ministry of Science, Technology, and Environment delegates the Environmental Protection Agency to issue pollution control confirmation certificates for production and business establishments whose environmental impact assessment reports were approved by the Ministry of Science, Technology, and Environment.

- Provincial People's Committees delegate their Science, Technology, and Environment Departments to issue pollution control confirmation certificates for production and business establishments whose environmental impact assessment reports were approved by local authorities.

- The Ministry of Defense and the Ministry of Public Security issue pollution control confirmation certificates for production and business establishments whose environmental impact assessment reports were approved by the Ministry of Defense and the Ministry of Public Security.

Within a maximum period of one month from receiving complete and reasonable applications for pollution control confirmation certificates from production and business establishments, the state management agencies on environmental protection authorized to issue such certificates under this Article shall be responsible for examining the applications and issuing pollution control confirmation certificates.

In cases where pollution control confirmation certificates have been delegated for issuance to the aforementioned ministries and provincial-level cities, if there are difficulties or complexities, they must report promptly so that the Ministry of Science, Technology, and Environment can coordinate to resolve them.

Article 7. Pollution control confirmation certificates are valid for a maximum period of 18 months.

Article 8. During the operation period with pollution control confirmation certificates, state management agencies on environmental protection may conduct regular or spot inspections of pollution control activities at establishments based on actual conditions and pollution control requirements.

Article 9. From the moment waste treatment facilities begin operating according to requirements set forth in the approval decision of environmental impact assessment reports (including trial production and testing periods), production and business establishments must regularly submit pollution control reports (according to Form 2 in the Appendix) to state management agencies on environmental protection at central and local levels at the beginning of each quarter.

Article 10. Within a maximum period of six months from the start of operating waste treatment facilities according to requirements set forth in the approval decision of environmental impact assessment reports (including trial production and testing periods), production and business establishments mentioned in Article 2 must have pollution control confirmation certificates when operating. If production and business establishments violate this provision, they will face penalties as if they had violated environmental protection regulations.

Article 11. During the operation period with pollution control confirmation certificates, if they violate environmental protection laws and regulations, production and business establishments will have their pollution control confirmation certificates revoked and face other penalties according to current laws. Serious violations may result in criminal liability being pursued.

Chapter 3:
IMPLEMENTATION

Article 12. The Environmental Protection Agency under the Ministry of Science, Technology, and Environment is tasked with coordinating with Science, Technology, and Environment Departments of provinces and centrally-administered municipalities to disseminate this Circular to production and business establishments mentioned in Article 2 and organize the implementation of pollution control activities for these establishments.

Article 13. The Environmental Department under the Ministry of Science and Technology and Environment shall cooperate with relevant ministries, sectors, provinces, and centrally governed cities to supervise pollution from production and business establishments.

Article 14. Until the State issues pollution fees and establishes the National Fund for Environmental Degradation Remediation, pollution control activities will temporarily be funded from the budget of the Ministry of Science and Technology and Environment based on annual plans.

Chapter 4:
IMPLEMENTING PROVISIONS

Article 15. This Circular applies to all production and business establishments currently operating (including those operating before January 10, 1994).

Article 16. This Circular takes effect thirty days from the date of signature.

Article 17. During the implementation of this Circular, if difficulties arise, relevant sectors and localities shall promptly report to the Ministry of Science and Technology and Environment for research and appropriate amendments.

 

ANNEX 1:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

APPLICATION FOR POLLUTION CONTROL CERTIFICATE

Respectfully submitted to: Ministry of Science and Technology and Environment

(People's Committee of province or centrally governed city)

1. Full name of establishment (including management level)

2. Type of establishment (State-owned, Limited Liability, Joint Venture...)

3. Location

4. Registration number issued by the ministry, sector, or locality

5. EIA form code, approving authority, approval date

6. Has pollution control certificate been issued (if applicable, specify code and issuance date)

7. Detailed report on the implementation of EIA form contents and environmental protection regulations

8. Request for issuance of pollution control certificate starting from...

The establishment solemnly commits to strictly comply with all environmental treatment measures as approved in the environmental impact assessment report and other current environmental protection regulations.

We hereby request the Ministry of Science and Technology and Environment (People's Committee of province or centrally governed city) to issue a pollution control certificate for our establishment.

..., date..., month..., year...

Clearly state the full name and position of the establishment leader signing

ANNEX 2:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

ENVIRONMENTAL PROTECTION REPORT

1. Detailed report on the implementation of the environmental impact assessment form approved by the competent environmental management authority.

2. Summary information on waste discharge indicators (after treatment):

- Wastewater (BOD, COD, suspended solids, pH, temperature, oil, heavy metals, and other related indicators).

- Air

- Solid waste

- Other types of waste: noise, soil, ecosystem, community health, tourism landscape...

3. Contents in the environmental impact assessment form that have not been implemented, reasons, and remedial measures.

4. Proposed measures to improve and supplement environmental treatment in the near future.

..., date..., month..., year...

Clearly state the full name and position of the establishment leader signing

ANNEX 3:

ISSUING AUTHORITY (*)

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

POLLUTION CONTROL CERTIFICATE

1. Issuing authority:

2. Establishment receiving certificate:

2.1. Full name of establishment (including management level)

2.2. Type of establishment (State-owned, Limited Liability, Joint Venture...)

2.3. Location:

2.4. Registration number issued by the ministry, sector, or locality.

2.5. Code of Decision Approving the Environmental Impact Assessment Report, approving authority, approval date.

2.6. Has pollution control certificate been issued (if applicable, specify code and issuance date)

3. The validity period of this pollution control certificate is a maximum of eighteen months from the date of issuance.

4. The establishment must strictly comply with all environmental treatment measures specified in the Decision Approving the Environmental Impact Assessment Report and other environmental protection laws.

..., date..., month..., year...

Clearly state the full name and position of the issuing authority leader

Note: * Specify the name of the issuing authority or delegate according to Article 6, Chapter II of this Circular.