Joint Circular No. 31/2009/TTLT-BCT-BTNMT guides the coordination between Departments of Industry and Trade and Departments of Natural Resources and Environment in implementing state management on environmental protection in the industry and trade sector.

JOINT CIRCULAR

Guidelines for coordination between Departments of Industry and Trade and Departments of Natural Resources and Environment in implementing state management functions regarding environmental protection in the industrial and commercial sectors

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 the Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

Pursuant to Decree No. 21/2008/ND-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/ND-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 13/2008/ND-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government;

The Ministry of Industry and Trade and the Ministry of Natural Resources and Environment hereby jointly issue guidelines for coordination between Departments of Industry and Trade and Departments of Natural Resources and Environment in implementing state management functions regarding environmental protection in the industrial and commercial sectors as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

These Circulars guide the coordination between Departments of Industry and Trade and Departments of Natural Resources and Environment in implementing state management functions regarding environmental protection for enterprises in the industrial and commercial sectors (including those located within industrial clusters, industrial zones, export processing zones, and economic zones); industrial clusters; and types of distribution under the jurisdiction of Departments of Industry and Trade on their respective territories.

Article 2. Principles of Coordination

1. Coordination relations shall be carried out based on functions and tasks, ensuring the effectiveness of environmental protection work; avoiding formalism, overlap, and hindrance to the normal activities of each party.

2. Information exchange on environmental protection work must be conducted regularly to support the implementation of state management functions regarding environmental protection in the industrial and commercial sectors in accordance with the provisions of the law and these Circulars.

Article 3. Explanation of Terms

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

1. Industrial and commercial enterprises are businesses and cooperatives operating in fields such as machinery, metallurgy, electricity, new energy, renewable energy, oil and gas, petroleum products, chemicals, industrial explosives, mining and mineral processing industries, consumer goods industry, food industry, and other processing industries; commodity distribution, import and export, transshipment of goods, trade promotion, e-commerce, and commercial services established in accordance with the Enterprise Law, the Cooperative Law, and the Investment Law.

Types of distribution include markets, supermarkets, and shopping centers. (As stipulated in Decree No. 02/2003/ND-CP dated January 14, 2003 of the Government on Market Development and Management and Decision No. 1371/2004/QD-BTM dated September 24, 2004 of the Minister of Trade on the Regulations of Supermarkets and Shopping Centers).

Chapter 2.

CONTENTS OF COORDINATION

Article 4. Propaganda, dissemination, and enhancement of legal awareness on environmental protection

The Department of Industry and Trade shall proactively carry out or coordinate with the Department of Natural Resources and Environment to implement propaganda, dissemination, and enhancement of legal awareness on environmental protection, international environmental regulations, and environmental barriers in trade to promote sustainable production, circulation of goods, and import and export activities for industrial and commercial enterprises, industrial clusters, and types of distribution.

Article 5. Organization and development of environmental protection plans for the industry and trade sector

1. Annually and every five years, the Department of Industry and Trade shall be responsible for developing the environmental protection plan for the industry and trade sector.

2. The Department of Natural Resources and Environment shall be responsible for compiling the environmental protection plan for the industry and trade sector to submit to the People's Committee of the province or centrally governed city (Provincial People's Committee) for inclusion in the overall environmental protection plan of the locality.

Article 6. Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Protection Programs

1. The Department of Industry and Trade shall take the lead in organizing the preparation of strategic environmental assessment reports for programs, master plans, long-term plans, and five-year plans under its responsibility in accordance with the provisions of the law.

2. Depending on the nature of investment projects, the Department of Industry and Trade shall participate in the Environmental Impact Assessment Report Review Board for projects in the industry and trade sector; participate in inspecting the implementation of environmental protection contents and measures and the trial operation of environmental treatment facilities of projects in the industry and trade sector after the approval of the Environmental Impact Assessment Report and the Environmental Protection Program.

Article 7. Implementation of Programs, Projects, and Proposals

1. The Department of Natural Resources and Environment shall take the lead in guiding and implementing legal regulations, programs, proposals, and projects related to environmental protection at the local level.

2. The Department of Industry and Trade shall take the lead in guiding the implementation of legal regulations on environmental protection in strategies, master plans, plans, programs, proposals, projects, technical standards, economic and technical norms of the industry and trade sector; take the lead in implementing the Proposal for Developing the Environmental Industry Sector, Cleaner Production Strategy in Industry, and other programs, proposals, and projects within the responsibility of the Ministry of Industry and Trade or as assigned by the Provincial People's Committee.

Article 8. Inspection and Supervision of the Implementation of Legal Regulations on Environmental Protection

1. Annually, the Department of Natural Resources and Environment shall take the lead and coordinate with the Department of Industry and Trade to develop inspection and supervision plans for the implementation of legal regulations on environmental protection for industrial enterprises, industrial clusters, and distribution formats; coordinate in implementing these plans.

2. In cases where necessary, the Department of Industry and Trade shall take the lead in conducting inspections or coordinating with the Department of Natural Resources and Environment to supervise the implementation of legal regulations on environmental protection in production, business, and service activities (excluding scrap material import activities) of industrial enterprises, industrial clusters, and distribution formats. In case of violations detected, the Department of Industry and Trade shall be responsible for handling them in accordance with the law.

Article 9. Database System and Environmental Reports for the Industry and Trade Sector

1. The Department of Industry and Trade shall take the lead in building and improving the database system on the environment for the industry and trade sector in the locality in accordance with the guidelines of the Ministry of Industry and Trade.

2. Annually, the Department of Industry and Trade shall compile and send environmental reports to the Ministry of Industry and Trade (Industrial Safety and Environmental Technology Agency) before November 30, and simultaneously send them to the Department of Natural Resources and Environment.

3. The Department of Natural Resources and Environment shall be responsible for compiling environmental reports for the industry and trade sector and local environmental reports, and submitting them to the Provincial People's Committee in accordance with the regulations.

Article 10. Polluting facilities and serious polluting facilities

1. The Department of Natural Resources and Environment shall, based on guiding documents from the Ministry of Natural Resources and Environment, take the lead and coordinate with the Department of Industry and Trade to annually compile a list of industrial and commercial polluting facilities and serious polluting facilities, and submit it to the competent authority for decision on measures to address them.

2. The Department of Industry and Trade shall guide and urge the implementation of pollution remediation measures for industrial and commercial polluting facilities and serious polluting facilities as stipulated in Clause 1 of this Article.

Article 11. Importation of waste materials

1. The Department of Natural Resources and Environment shall take the lead and coordinate with the Department of Industry and Trade to inspect compliance with environmental protection requirements for imported waste materials as prescribed by law.

2. Annually, the Department of Natural Resources and Environment shall report on the importation and utilization of imported waste materials to the Ministry of Natural Resources and Environment, and simultaneously send the report to the Department of Industry and Trade for consolidation and reporting to the Ministry of Industry and Trade.

Chapter 3.

IMPLEMENTATION

Article 12. Specialized Environmental Protection Unit of the Department of Industry and Trade

1. The specialized environmental protection unit of the Department of Industry and Trade shall be responsible for advising the Director of the Department of Industry and Trade on implementing state management tasks related to environmental protection in the industrial and commercial sector as prescribed in this Circular.

2. Depending on the characteristics of each locality, the nature, and specific management requirements for the industrial and commercial sector, the Director of the Department of Industry and Trade shall coordinate with the Department of Civil Service Management and Administration to propose the People's Committee of the province to consider and decide on the name and specific duties of the specialized environmental protection unit.

Article 13. Operating Budget

1. The budget for implementing environmental protection tasks in the industrial and commercial sector shall be allocated from the local environmental public service fund.

2. Annually, the Department of Industry and Trade shall develop an operational plan and budget estimate for state management tasks related to environmental protection in the industrial and commercial sector. The contents of the plan and budget estimate shall be implemented according to Joint Circular No. 114/2006/TTLT-BTC-BTNMT dated December 29, 2006, Joint Circular No. 01/2008/TTLT-BTNMT-BTC dated April 29, 2008, and other relevant laws.

Article 14. Implementation Organization

The People's Committee at the provincial level shall direct the Department of Industry and Trade, the Department of Natural Resources and Environment, and related departments and agencies to cooperate in implementing the provisions of this Circular. Annually, the Department of Industry and Trade and the Department of Natural Resources and Environment shall be responsible for summarizing and evaluating the results of implementing the provisions of this Circular, and reporting to the leadership of the People's Committee at the provincial level and the managing ministry.

Article 15. Effective Date

This Circular takes effect from December 26, 2009. During the process of implementing this Circular, if there are difficulties or obstacles, units and localities are requested to report to the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment for research, amendment, and supplementation as appropriate.