Circular No. 31/2016/TT-BTNMT on Environmental Protection for Industrial Clusters, Concentrated Business and Service Areas, Craft Villages, and Production, Business, and Service Establishments

CIRCULAR

ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL ZONES, BUSINESS AND SERVICE CONCENTRATION AREAS, ARTISANAL VILLAGES, AND PRODUCTION, BUSINESS, AND SERVICE FACILITIES

Pursuant to the Environmental Protection Law on June 23, 2014;

Pursuant to Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing implementation of certain provisions of the Law on Environmental Protection;i Pursuant to Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste management and scrap materials;

At the proposal of the General Director of the General Department of Environment and the Head of the Legal Department;intention The Minister of Natural Resources and Environment issues this Circular on environmental protection in industrial zones, business and service concentration areas, artisanal villages, and production, business, and service facilities.

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013 of the Government stipulating functions, tasks, organization and operational mechanisms;onvề nhiệm vụ và cơ cấu tổ chức của Bộ Tài nguyên và Môi trường;

This Circular provides detailed regulations for Article 67, Point d Clause 1 Article 68, Article 101, Article 108, Clause 2 Article 121, Clause 3 Article 123, Clause 3 Article 125, Clause 1 Article 130 of the Law on Environmental Protection; Clause 1 and Clause 4 Article 20 of Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing implementation of certain provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 19/2015/NĐ-CP); Article 37, Article 39, Point a and Point c Clause 1 Article 43 of Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste management and scrap materials (hereinafter referred to as Decree No. 38/2015/NĐ-CP), including:ng1. Environmental protection in industrial zones; business and service concentration areas. 2. Environmental protection in artisanal villages.

3. Environmental protection in production, business, and service facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to agencies, organizations, individuals within and outside Vietnam related to activities of environmental protection in industrial zones; business and service concentration areas; artisanal villages; production, business, and service facilities (hereinafter referred to as facilities).

1. Investors constructing and operating infrastructure in industrial zones are enterprises, organizations, individuals established and operating in accordance with Vietnamese law or registered for business in accordance with Vietnamese law directly investing in construction, management, and operation of industrial zone infrastructure.

2. Business and service concentration areas are supermarkets; shopping centers; markets; tourist, sports, entertainment areas; bus stations; railway stations that must prepare an environmental impact assessment report.

3. Management boards of business and service concentration areas are enterprises, organizations, individuals established and operating in accordance with Vietnamese law or registered for business in accordance with Vietnamese law directly investing in construction, management, and operation of business and service concentration area infrastructure.

Article 2. Applicability

4. Industrial zones, business and service concentration areas, and operational facilities are industrial zones, business and service concentration areas, and facilities where at least one component or project has officially commenced operations.

Article 3. Explanation of Terms

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

5. An environmental protection plan is a comprehensive environmental management plan developed and implemented throughout the entire operational process of industrial zones, business and service concentration areas, operational facilities, and artisanal villages.

ENVIRONMENTAL PROTECTION IN INDUSTRIAL ZONES, BUSINESS AND SERVICE CONCENTRATION AREAS

ENVIRONMENTAL PROTECTION IN INDUSTRIAL ZONES

Article 4. Requirements for environmental protection in planning construction of industrial zones

1. Planning functional areas and types of production in industrial zones must ensure reduction of impacts from polluting production types on other production types; facilitate prevention and response to environmental incidents.

Chapter II

2. Construction planning for industrial zone infrastructure must include complete technical infrastructure for environmental protection meeting requirements stipulated in Clause 1 Article 5 of this Circular.

Section 1. 3. The minimum green space area within the industrial zone must account for 10% of the total area of the entire industrial zone.

Article 4. Environmental protection requirements in the planning of industrial clusters

1. The planning of functional zones and types of production within industrial clusters must ensure a reduction in the impact of polluting production types on other production types; facilitate preventive and emergency response work for environmental incidents.

2. The planning of infrastructure construction in industrial clusters must include complete technical infrastructure for environmental protection meeting the requirements stipulated in Clause 1, Article 5 of this Circular.

3. The area of green space within the scope of the industrial cluster must be at least 10% of the total area of the entire industrial cluster.

Article 5. Requirements for investment in construction and management operation of technical infrastructure for environmental protection in industrial clusters

1. Investment in construction of technical infrastructure for environmental protection in industrial clusters must meet the following requirements:

a) Technical infrastructure for environmental protection in industrial clusters includes: stormwater drainage system, centralized wastewater collection and treatment system, solid waste storage and treatment area (if any).

The stormwater drainage system and the wastewater collection, treatment, and discharge system must be separated, designed in a coordinated manner, arranged in accordance with approved planning and comply with regulations and technical standards on construction and environmental technical standards relevant to them;

b) The centralized wastewater collection and treatment system in industrial clusters can be invested in and constructed either in modules or as a whole corresponding to the filling progress of the industrial cluster, ensuring that all wastewater generated during its operation is treated to meet environmental technical standards;

c) The centralized wastewater collection and treatment system in industrial clusters must meet the following requirements: have flow meters at both the inlet and outlet, independent electronic electricity meters; discharge points must have clear warning signs; work platforms must have a minimum area of 01 m², convenient pathways for inspection and supervision by competent state management agencies; have plans, infrastructure, means, and equipment to respond to and rectify incidents when the centralized wastewater collection and treatment system encounters problems;

d) Centralized wastewater collection and treatment systems in industrial clusters with a wastewater flow rate of 1,000 m³/day-night or more must install automatic continuous monitoring systems as stipulated in Clause 1 and Clause 3, Article 26 of this Circular;

e) In cases where industrial clusters have plans for self-collection and treatment of solid waste, they shall implement according to the provisions of the law on the collection and treatment of solid waste.

2. Management and operation of technical infrastructure construction projects for environmental protection in industrial clusters must meet the following requirements:

a) The centralized wastewater collection and treatment system must operate continuously in accordance with the technological process to ensure that wastewater is treated to meet environmental technical standards before being discharged into receiving water bodies;

b) Operation of the centralized wastewater collection and treatment system must be recorded in an operational logbook detailing: flow rates, characteristic parameters of incoming and outgoing wastewater (if applicable); electricity consumption; types and quantities of chemicals used, sludge generated. The operational logbook must be written in Vietnamese and retained for a minimum of two years;

c) The centralized wastewater collection and treatment system must undergo regular maintenance and repair to ensure continuous normal operation;

d) Dilution of wastewater prior to the designated discharge point as specified in Point c, Clause 1, Article 5 of this Law is not allowed;

e) Sludge from the centralized wastewater collection and treatment system and stormwater drainage system of the industrial cluster must be collected, transported, and treated or reused in accordance with the law on sludge management.

3. Cases exempted from connection to the centralized wastewater collection and treatment system of the industrial cluster:

a) Facilities generating wastewater exceeding the capacity of the centralized wastewater collection and treatment system of the industrial cluster, while the facility has measures to treat wastewater to meet environmental technical standards;

b) Facilities within the industrial cluster where the industrial cluster does not yet have a centralized wastewater collection and treatment system, while the facility has measures to treat wastewater to meet environmental technical standards.

Article 6. Responsibilities of the facility within the industrial cluster

1. Wastewater treatment:

a) Sign and implement the minutes and agreements with the investor for construction and operation of the industrial cluster's infrastructure regarding the connection of wastewater to the centralized collection and treatment system of the industrial cluster or sign a contract to transfer wastewater for treatment with a facility having the appropriate function as stipulated in Article 20 of this Circular;

b) Facilities exempted from connection as provided for in Clause 3, Article 5 of this Circular must comply with the provisions of Article 18 of this Circular.

2. Implement responsibilities for managing solid waste, exhaust gas, noise, vibration, light, and radiation according to the provisions of Article 19 of this Circular.

3. Implement the environmental monitoring program of the facility as prescribed and report the results to the investor for construction and operation of the industrial cluster's infrastructure for consolidation and reporting to the competent authority. Notify the local government, specialized agencies on environmental protection, and simultaneously notify the investor for construction and operation of the industrial cluster's infrastructure when an environmental incident occurs and take measures to respond to and rectify the environmental incident in accordance with the law.

Article 7. Responsibilities of the investor for construction and operation of the industrial cluster's infrastructure

1. Invest in building and managing, operating technical infrastructure for environmental protection of the industrial cluster as prescribed in Article 5 of this Circular.

2. Not to expand the industrial cluster or accept new investment projects into the industrial cluster if it does not have technical infrastructure for environmental protection as prescribed in Article 5 of this Circular.

3. Pay environmental protection fees as prescribed by law.

4. Assign at least one environmental protection officer with a bachelor's degree or higher in one of the following fields: environmental management; science, technology, and engineering of the environment; chemistry; biology. The environmental protection officer shall be trained annually on preventive and emergency response measures for environmental incidents.

5. Develop and organize the implementation of the environmental protection plan as prescribed in Chapter V of this Circular.

6. Consolidate and report the results of environmental monitoring, environmental protection work of the industrial cluster, and facilities within the industrial cluster to the Department of Natural Resources and Environment before December 31 each year. The report format is specified in Appendix 1 issued together with this Circular.

Article 8. Responsibilities of the People's Committee of the district

1. Direct subordinate units with appropriate functions to invest in building, managing, and operating technical infrastructure for environmental protection of the industrial cluster as prescribed in Article 5 of this Circular in cases where the investor for construction and operation of the industrial cluster's infrastructure has not been determined in accordance with the law.

2. Direct functional units not to accept new investment projects into the industrial cluster that does not have technical infrastructure for environmental protection as prescribed in Article 5 of this Circular within their jurisdiction.

3. Inspect and audit the construction of technical infrastructure for environmental protection of the industrial cluster within their jurisdiction in accordance with the law.

Article 9. Responsibilities of the Provincial People's Committee

1. Consider and allocate funds to support the construction of technical infrastructure for environmental protection for industrial clusters within their jurisdiction in accordance with the law.

2. Direct specialized agencies, People's Committees of the district and commune to implement legal regulations on environmental protection of the industrial cluster.

Section 2. ENVIRONMENTAL PROTECTION OF CONCENTRATED BUSINESS AND SERVICE AREAS

Article 10. Management of Wastewater and Solid Waste

1. Concentrated business and service zones must have measures to treat all wastewater generated from business and service activities; have a drainage system with sufficient capacity to accept wastewater from businesses and services within the zone; manage and ensure stable drainage service according to regulations.

2. Business and service establishments must apply methods to classify solid waste, not discharge solid waste into the drainage system; transfer solid waste to units with the function of collecting, transporting, and treating according to regulations.

3. The management board of concentrated business and service zones must implement public environmental protection according to Clause 2 of Article 81 of the Environmental Protection Law.

Article 11. Staff Responsible for Environmental Protection in Concentrated Business and Service Zones

The management board of concentrated business and service zones must allocate at least one staff member responsible for environmental protection to carry out the contents of the environmental protection plan and other environmental protection responsibilities according to regulations.

Chapter III

ENVIRONMENTAL PROTECTION IN CRAFT VILLAGES

Article 12. Conditions for Environmental Protection in Craft Villages

1. Have an environmental protection plan for craft villages according to Model 2 attached hereto, approved by the People's Committee of the district.

2. Establishments operating in craft villages must:

a) Be approved by competent state agencies on the environmental impact assessment report or confirmed on the environmental protection plan or have a report on environmental protection measures according to Article 17 of this Circular (except for objects specified in items 1, 2, 3, 4, 6, 7, 9, 10, 11 of Appendix IV issued together with Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans, hereinafter referred to as Decree No. 18/2015/NĐ-CP) or equivalent files and procedures;

b) Implement measures to collect and treat wastewater (in cases where centralized treatment is not carried out), exhaust gas ensuring corresponding environmental technical standards; classify solid waste and transfer it to collection units according to regulations.

3. Have infrastructure for environmental protection in craft villages, including:

a) A wastewater and stormwater collection system ensuring the drainage needs of the craft village, preventing blockage, stagnation of wastewater, and flooding;

b) A centralized wastewater treatment system (if applicable) ensuring treatment capacity meeting corresponding environmental technical standards for the total amount of wastewater generated by the craft village before being discharged into receiving water bodies;

c) A sanitary solid waste collection point; a solid waste treatment area complying with solid waste management regulations or a transportation plan for solid waste to a treatment area outside the locality.

4. Have an organization for self-management of environmental protection with the following conditions:

a) A decision on establishment and operational rules issued by the People's Committee of the commune;

b) Equipped with tools and full labor protective equipment.

5. Craft villages must meet the environmental protection conditions stipulated in Clauses 1, 2, 3, and Clause 4 of this Article to be considered and recognized as craft villages.

6. For craft villages that have been recognized as craft villages before the effective date of this Circular but have not met the environmental protection conditions stipulated in Clauses 1, 2, 3, and Clause 4 of this Article, the People's Committee of the province shall direct relevant agencies to organize the implementation of corrective actions.

Article 13. Evaluation and Classification of Craft Villages Based on Environmental Pollution Levels

1. The People's Committee at the provincial level shall be responsible for organizing the evaluation and classification of craft villages within its jurisdiction based on environmental pollution levels according to the criteria set forth in Appendix 3 attached hereto.

2. The evaluation and classification of craft villages based on environmental pollution levels shall be conducted periodically every two years.

3. The list of craft villages evaluated and classified based on environmental pollution levels must be published through local information and communication channels.

Article 14. Management Measures for Craft Villages with Environmental Pollution and Severe Environmental Pollution

1. The People's Committee at the commune level shall adjust, submit to the People's Committee at the district level for approval, and organize the implementation of the environmental protection plan for craft villages to address environmental pollution issues.

2. Facilities not included in the list of encouraged trades in craft villages must comply with the regulations stipulated in Chapter IV of this Circular or complete one of the following measures: relocation to industrial zones or concentrated livestock areas outside residential areas; changing production trades; ceasing production activities.

3. New facilities that pose a high risk of causing environmental pollution, as specifically defined in Appendix 4 attached hereto, shall not be permitted to be established.

Article 15. Responsibilities for Implementing the Environmental Protection Plan for Craft Villages

1. Responsibilities of the People's Committee at the Commune Level:

a) Implement environmental protection requirements as specified in the approved environmental protection plan for craft villages;

b) In case of an environmental incident, require the facility causing the incident to cease operations, implement measures to limit the scope and extent of impact, and carry out remediation activities; immediately report to the People's Committee at the district level, the People's Committee at the provincial level, and relevant agencies as required by law.

2. Responsibilities of the People's Committee at the District Level:

a) Allocate funds to ensure the implementation of tasks related to environmental protection in craft villages within its jurisdiction as prescribed by law;

b) Supervise, guide, and inspect the implementation of environmental protection requirements according to the approved environmental protection plan for craft villages;

c) Receive and process complaints about environmental protection from relevant agencies, organizations, and individuals affected by environmental issues during the operation of craft villages as required by law.

Article 16. Responsibilities of Self-Governing Organizations for Environmental Protection in Craft Villages

The People's Committee at the commune level shall guide self-governing organizations for environmental protection in craft villages to perform the following tasks:

1. Manage, operate, maintain, and improve environmental infrastructure projects assigned by the People's Committee at the commune level.

2. Post regulations and monitor, urge compliance with public sanitation.

3. Participate in drafting and implementing the environmental protection plan for craft villages; village customs and conventions containing environmental protection provisions; promote and mobilize the people to eliminate unsanitary customs and habits harmful to the environment.

4. Participate in inspecting the implementation of environmental protection regulations by facilities within craft villages as assigned by the People's Committee at the commune level.

5. Promptly report to the People's Committee at the commune level upon discovering signs of environmental pollution, environmental incidents, or violations of environmental protection laws within craft villages.

6. Report to the People's Committee at the commune level on the current status of operations, waste collection, transportation, and treatment once a year before October 15th or as required. The reporting form is specified in Appendix 5 attached hereto.

Article 17. Responsibilities of establishments in craft villages

1. The heads of establishments in craft villages listed in the encouraged industries under Appendix I issued together with Decree No. 19/2015/NĐ-CP shall be responsible for:

a) Preparing reports on environmental protection measures according to the model set out in Appendix 6 issued together with this Circular for cases stipulated in Clause 1, Article 16 of Decree No. 19/2015/NĐ-CP and submitting them to the People's Committee at the commune level for inspection and monitoring;

b) Implementing contents related to environmental protection according to the environmental protection plan or reports on environmental protection measures or equivalent files and procedures.

2. Establishments in craft villages not listed in the encouraged industries under Appendix I issued together with Decree No. 19/2015/NĐ-CP must comply with the provisions of Chapter IV of this Circular and relevant environmental protection regulations.

Chapter IV

ENVIRONMENTAL PROTECTION FOR PRODUCTION, BUSINESS, AND SERVICE ESTABLISHMENTS

Article 18. Management of Wastewater

1. Establishments located outside industrial parks and clusters that are not subject to the provisions of Clause 1, Article 17 of this Circular but have wastewater treatment systems and daily-nightly wastewater flow rates of 30 m³/day-night or more, in addition to complying with legal regulations on wastewater management, must maintain operation logs for the wastewater treatment system fully recorded and kept for a minimum of two years.³Operation logs must be written in Vietnamese and include the following contents: flow rate, operational parameters of the wastewater treatment system, results of wastewater monitoring at the input and output of the treatment system (if applicable), type and quantity of chemicals used, quantity of sludge generated.

2. Establishments with daily-nightly wastewater flow rates of 1,000 m³/day-night or more, in addition to complying with the provisions of Clause 1 of this Article, must also implement the following additional requirements:

a) Monitoring and continuously automatic testing of wastewater discharge according to Clause 1 and Clause 3, Article 26 of this Circular;³b) Having independent electronic meters for the wastewater treatment system, the amount of electricity consumed must be recorded in the operation log;

c) Having plans, infrastructure, means, and equipment to respond to and mitigate accidents in case the wastewater collection and treatment system encounters problems;

d) Having inspection points for wastewater discharge into the drainage system placed outside the fence, with convenient access and warning signs.

3. For establishments with daily-nightly wastewater flow rates of 1,000 m³/day-night or more located within industrial parks and clusters and exempted from connecting to centralized wastewater collection and treatment systems, they must manage wastewater according to the provisions of Clause 2 of this Article.

4. In cases where establishments specified in Clauses 1, 2, and 3 of this Article do not treat non-hazardous wastewater themselves but transfer it to an establishment capable of treating it to meet environmental technical standards, they must comply with the provisions of Article 20 of this Circular.

Article 19. Management of Solid Waste, Exhaust Gas, Noise, Vibration, Light, Radiation³1. Establishments must manage household solid waste, general industrial solid waste, medical solid waste, and hazardous solid waste generated from production, business, and service activities in accordance with legal regulations on solid waste management.

2. Establishments generating exhaust gas must:

a) Invest in and install exhaust gas treatment systems ensuring environmental technical standards; ensure safe operating platforms at sampling locations;

b) Maintain operation logs for exhaust gas treatment systems fully recorded and kept for a minimum of two years.

Operation logs must be written in Vietnamese and include the following contents: flow rate, operational parameters, water and chemical usage quantities (for establishments with similar types and scales to those required to prepare environmental impact assessment reports according to Appendix II issued together with Decree No. 18/2015/NĐ-CP);

c) Continuously automatically monitor exhaust gas according to Clause 2 and Clause 3, Article 26 of this Circular and register as exhaust gas source owners according to regulations (for establishments generating industrial exhaust gas listed in the large exhaust gas sources appendix issued together with Decree No. 38/2015/NĐ-CP).

3. Establishments generating noise, vibration, light, and radiation must invest in and install systems to reduce noise, vibration, light, and radiation ensuring environmental technical standards and other relevant regulations.

Operation logs must be written in Vietnamese and include the following contents: flow rate, operational parameters, quantity of water and chemicals used (for facilities with production types and scales equivalent to those required to prepare an environmental impact assessment report according to Appendix II issued together with Decree No. 18/2015/NĐ-CP).

c) Implement continuous automatic monitoring of emissions as prescribed in Clause 2, Clause 3, Article 26 of this Circular and register the source of emissions as prescribed (for facilities generating industrial emissions listed under the category of large emission sources as defined in the Appendix issued together with Decree No. 38/2015/NĐ-CP).

3. Facilities generating noise, vibration, light, and radiation must invest in and install systems to reduce noise, vibration, light, and radiation ensuring environmental technical standards and other relevant regulations.

Article 20. Environmental protection requirements for the transfer of non-hazardous wastewater for treatment

1. For entities transferring non-hazardous wastewater for treatment:

a) Have a wastewater transfer and treatment plan clearly stated in one of the following documents: an approved environmental impact assessment report, a confirmed environmental protection plan, a detailed approved environmental protection project, a confirmed simple environmental protection project, or an equivalent document;

b) Apply the same national technical standards for wastewater as the entity receiving wastewater for treatment;

c) Have a wastewater treatment contract with the entity receiving wastewater for treatment that meets the requirements stipulated in Clause 3 of this Article;

d) Have infrastructure and equipment for temporarily storing wastewater that ensures prevention of overflow, spillage, and leakage into the surrounding environment;

đ) May only transfer wastewater to an entity receiving it for treatment that has signed a wastewater treatment contract according to the method and volume not exceeding the volume specified in the wastewater transfer and treatment plan under Point a of this Clause;

e) Be responsible for transporting wastewater in compliance with all provisions set out in Clause 2 of this Article; the transfer of wastewater must be fully reflected in the periodic environmental monitoring report as prescribed;

g) Maintain a detailed record in Vietnamese and retain for at least two years regarding the time, method, and volume of wastewater transferred.

2. For the transportation of wastewater:

a) Wastewater may only be transferred through pipelines; the pipeline must be designed and installed in accordance with technical regulations, preventing leakage into the surrounding environment, and must have flow meters and be fully described in the plan specified in Point a of Clause 1 of this Article, except as provided in Point b of this Clause;

b) Wastewater used for cleaning pipelines and hydraulic testing may be transported by means of transportation but must meet the following requirements:

The transport vehicle must meet the conditions for traffic participation as prescribed by traffic laws; it must display a "non-hazardous wastewater transport" sign of sufficient size on the front, rear, and sides.

The equipment and compartments containing wastewater must be sealed, waterproof, leak-proof, and resistant to corrosion caused by the transported wastewater.

3. For entities receiving wastewater for treatment:

a) Have a wastewater reception and treatment plan clearly stated in one of the following documents: an approved environmental impact assessment report, a confirmed environmental protection plan, a detailed approved environmental protection project, a confirmed simple environmental protection project, or an equivalent document;

b) Have a wastewater treatment system with appropriate technology and capacity to treat received wastewater;

c) Have a flow meter for treated wastewater;

d) Apply the same national technical standards for wastewater as the entity transferring wastewater;

đ) May only receive wastewater from an entity transferring wastewater that has signed a wastewater treatment contract according to the method and volume not exceeding the volume specified in the plan under Point a of this Clause;

e) Not transfer received wastewater to a third party for treatment;

g) Maintain a detailed record in Vietnamese and retain for at least two years regarding the time, method, and volume of wastewater received; the reception of wastewater for treatment must be fully reflected in the periodic environmental monitoring report as prescribed.

Chapter V

ENVIRONMENTAL PROTECTION PLAN

Article 21. Subjects and Time for Establishing Environmental Protection Plans

1. The subjects required to establish environmental protection plans include:

a) Industrial clusters, centralized business and service areas, operating facilities with types and scales equivalent to those required to prepare environmental impact assessment reports under Appendix II issued together with Decree No. 18/2015/NĐ-CP;

b) Craft villages.

2. The subjects specified in Point a Clause 1 of this Article shall establish environmental protection plans for completed projects and officially operational works according to actual progress; if they already have an environmental management system that includes the contents of the environmental protection plan as prescribed in this Circular and has been confirmed according to Article 25 of Decree No. 19/2015/NĐ-CP, they are not required to establish an environmental protection plan.

3. If the subjects specified in Point a Clause 1 of this Article have detailed environmental protection programs that have been confirmed, they must establish environmental protection plans after the competent authority has inspected the completion of all environmental protection works as stipulated in Point c Clause 1 of Article 9 of Circular No. 26/2015/TT-BTNMT dated May 28, 2015, issued by the Minister of Natural Resources and Environment on detailed environmental protection programs and simplified environmental protection programs.

4. An environmental protection plan is one of the bases for the subjects specified in Clause 1 of this Article to comply with laws on environmental protection, environmental protection measures, and serves as a basis for inspection and supervision by competent state authorities.

Article 22. Contents of Environmental Protection Plans

1. The subjects specified in Point a Clause 1 of Article 21 of this Circular shall establish environmental protection plans according to the model prescribed in Appendix 7 issued together with this Circular and retain them at their premises.

2. Craft villages shall establish environmental protection plans according to the model prescribed in Appendix 2 issued together with this Circular.

Article 23. Approval of Environmental Protection Plans for Craft Villages

1. The People's Committee of the commune where there is a craft village shall prepare a dossier to request approval of the environmental protection plan for the craft village and submit it to the People's Committee of the district for consideration and approval.

2. The dossier to request approval of the environmental protection plan for the craft village includes:

a) One document requesting approval of the environmental protection plan for the craft village according to the model prescribed in Appendix 8 issued together with this Circular;

b) Four copies of the environmental protection plan for the craft village according to the model prescribed in Appendix 2 issued together with this Circular;

c) One copy of the approved local craft village development master plan by the provincial People's Committee (if available).

3. After receiving the complete dossier as prescribed in Clause 2 of this Article, the People's Committee of the district shall seek opinions from the Department of Natural Resources and Environment and the Department of Agriculture and Rural Development during the process of considering and approving the environmental protection plan for the craft village.

4. After receiving the opinions of the agencies specified in Clause 3 of this Article, the People's Committee of the district shall be responsible for considering and approving the environmental protection plan for the craft village.

5. The time limit for considering and approving the environmental protection plan for the craft village shall not exceed twenty working days from the date of receipt of the complete dossier requesting approval of the environmental protection plan for the craft village; if it is not approved, the People's Committee of the district shall notify in writing, specifying the reasons.

The decision approving the environmental protection plan for the craft village shall be made according to the model prescribed in Appendix 9 issued together with this Circular.

6. Signing, stamping, and sending the environmental protection plan for the craft village:

a) After the environmental protection plan for the craft village is approved, the People's Committee of the district shall sign and stamp the cover page of the environmental protection plan for the craft village;

b) The People's Committee of the district shall send one copy of the Decision approving the environmental protection plan for the craft village along with the approved environmental protection plan for the craft village to the People's Committee of the commune; send one copy of the approved environmental protection plan for the craft village to the Department of Natural Resources and Environment; send the approved environmental protection plan for the craft village to the Department of Agriculture and Rural Development.

Article 24. Responsibility for Implementing Environmental Protection Plans

1. The investor in construction and operation of industrial park infrastructure, management board of concentrated business and service areas, and the owner of the facility shall be responsible for updating the environmental protection plan to ensure it is consistent with the situation and progress of activities; they must retain all relevant documents, invoices, operational logs, record books, and related papers in accordance with the guidance provided in Appendix 7 issued together with this Circular.

2. Implementation of the plan for preventing and responding to environmental incidents in the environmental protection plan:

a) The investor in construction and operation of industrial park infrastructure, management board of concentrated business and service areas, and the owner of the facility must establish and ensure the capacity to implement prevention and response measures for environmental incidents during production, business, and service activities;

b) In case of an environmental incident, the investor in construction and operation of industrial park infrastructure, management board of concentrated business and service areas, and the owner of the facility must promptly notify relevant organizations according to the content specified in the plan for preventing and responding to environmental incidents; sound the alarm and mobilize human resources and equipment to respond according to the level of the environmental incident; take measures to mitigate pollution and restore the environment in accordance with the requirements of the competent state management agency on environmental protection;

c) Within thirty days from the occurrence of an environmental incident, the investor in construction and operation of industrial park infrastructure, management board of concentrated business and service areas, and the owner of the facility must report to the People's Committees at various levels and the Department of Natural Resources and Environment about the results of responding to and mitigating the environmental incident;

d) The investor in construction and operation of industrial park infrastructure, management board of concentrated business and service areas, and the owner of the facility causing an environmental incident must compensate for damages in accordance with the provisions of the Law on Environmental Protection and other relevant laws.

Chapter VI

ENVIRONMENTAL MONITORING

Article 25. Regular Emission Monitoring

1. The objects required to conduct regular monitoring of wastewater and exhaust gas generated from production, business, and service activities and the minimum frequency are stipulated in Appendix 10 issued together with this Circular.

2. For objects that have automatic, continuous wastewater and exhaust gas monitoring systems as prescribed in Article 26 of this Circular, only need to conduct regular monitoring of wastewater and exhaust gas parameters not covered by the automatic, continuous monitoring system.

3. Facilities belonging to the categories specified in Appendix IV issued together with Decree No. 18/2015/NĐ-CP and Appendix I issued together with Decree No. 19/2015/NĐ-CP are exempted from conducting emission monitoring.

Article 26. Automatic Emission Monitoring

1. Automatic Wastewater Monitoring:

a) The monitored parameters include: inflow and outflow wastewater flow rate, pH, temperature, COD, TSS, and characteristic parameters according to the type (if there is suitable automatic monitoring technology and equipment available on the market) as approved by the competent state management authority in the environmental impact assessment report and detailed environmental protection plan;

b) The automatic wastewater monitoring system must include sealed and managed automatic sampling equipment by the Department of Natural Resources and Environment; must install an internet-connected camera to monitor the discharge outlet of the wastewater treatment system and retain images for the most recent three months.

2. Automatic Exhaust Gas Monitoring:

a) The monitored parameters are defined in Appendix 11 issued together with this Circular;

b) In cases where a facility has multiple sources of industrial exhaust gas emissions listed in Appendix 11 issued together with this Circular, the owner of the facility must conduct automatic, continuous monitoring of all these exhaust gas sources.

3. The automatic, continuous wastewater and exhaust gas monitoring system must operate stably, undergo inspection and calibration as prescribed, and must meet technical requirements for direct data transmission to the Department of Natural Resources and Environment.

Article 27. Retention, Reporting, and Publication of Environmental Monitoring Information and Data

1. The investor constructing and operating industrial zone infrastructure, industrial cluster infrastructure, management board of concentrated business and service areas, and the owner of the facility must retain the results of automatic environmental monitoring in electronic file format; the original periodic monitoring report and the original analytical result certificate for a minimum period of three years.

2. The investor constructing and operating industrial zone infrastructure, industrial cluster infrastructure, management board of concentrated business and service areas, and the owner of the facility shall be responsible for submitting reports and monitoring results in accordance with the regulations.

3. The investor constructing and operating industrial zone infrastructure, industrial cluster infrastructure, management board of concentrated business and service areas, and the owner of the facility that falls within the category of implementing automatic emission monitoring must publish the results of periodic environmental monitoring on the facility's electronic information website (if available).

Chapter VII

IMPLEMENTING PROVISIONS

Article 28. Effective Date

1. This Circular takes effect from December 1, 2016.

2. Circular No. 46/2011/TT-BTNMT dated December 26, 2011, issued by the Minister of Natural Resources and Environment regarding the protection of the environment in craft villages ceases to be effective from the date this Circular takes effect.

3. The contents related to the frequency of emission supervision at Section 5.2 of Appendix 2.3; Section 3.3 of Appendix 5.5 of Circular No. 27/2015/TT-BTNMT dated May 29, 2015, issued by the Minister of Natural Resources and Environment concerning strategic environmental assessment, environmental impact assessment, and environmental protection plans; Point b Clause 3 Article 7 of Circular No. 40/2015/TT-BTNMT dated August 17, 2015, issued by the Minister of Natural Resources and Environment concerning technical procedures for air emission monitoring cease to be effective from the date this Circular takes effect.

Article 29. Responsibility for Implementation

1. The General Department of Environment shall guide and inspect the implementation of this Circular, regularly report on the environmental protection work of industrial clusters, concentrated business and service areas, and craft villages to the Ministry of Natural Resources and Environment for reporting to the Prime Minister.

2. Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees at all levels, Departments of Natural Resources and Environment, and relevant organizations and individuals shall be responsible for implementing this Circular.

3. The state management activities regarding environmental protection for industrial clusters and craft villages as stipulated in this Circular shall be allocated funds from the environmental public service budget and other sources in accordance with the provisions of the law.

4. During the implementation process, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals promptly reflect these issues to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements./.