Circular No. 32/2015/TT-BGTVT on environmental protection in the development of transportation infrastructure

CIRCULAR

Regulations on environmental protection in the development of transportation infrastructureg

_______________________

Pursuant to the Environmental Protection Law No. 55/2014/QH13 dated June 23, 2014;

Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government on planning for environmental protection, strategic environmental assessment, environmental impact assessment, and environmental protection plans;

Article 1. Amending and supplementing some articles of Circular No. 56/2015/TT-BGTVT dated October 8, 2015 of the Minister of the Ministry of Transport on the management of environmental tasks funded by the state budget carried out by the Ministry of Transport

The Minister of Transport shall stipulate regulations on environmental protection in the development of transportation infrastructure.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular sets forth regulations on environmental protection in the development of transportation infrastructure.

2. This Circular applies to agencies, organizations, and individuals related to the development of transportation infrastructure.

Article 2. Interpretation of Terms

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

1. Environmental protection means activities aimed at maintaining a clean and beautiful environment; preventing and limiting adverse impacts of construction activities on the environment; responding to environmental incidents; remedying pollution and environmental degradation; restoring and improving the environment; rationally and effectively exploiting and utilizing natural resources; protecting biodiversity in the development of transportation infrastructure.

2. Environmental report refers to the preparation and provision of information related to data and figures on the components of the natural environment and natural resources including their reserves, ecological value, economic value; impacts on the environment; waste, pollution levels, degradation, and other environmental issues due to the implementation of transportation infrastructure construction.

3. Project proponent is an agency or organization responsible for implementing investment and project management regulations under laws on investment and construction, including:

a) Agencies or organizations entrusted by state management bodies to act as project investors representing the investor in transportation infrastructure construction projects;

b) Investors or enterprises signing public-private partnership contracts for transportation infrastructure construction projects with competent state authorities.

Chapter II

ENVIRONMENTAL PROTECTION IN STRATEGIES, PLANS,

AND DEVELOPMENT OF TRANSPORTATION

Article 3. Strategic Environmental Assessment

1. The agency in charge of developing or adjusting strategies, plans, or programs for transportation development (hereinafter referred to as the Lead Agency) must conduct a strategic environmental assessment (hereinafter referred to as SEA) in accordance with Clause 8 of Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government on planning for environmental protection, strategic environmental assessment, environmental impact assessment, and environmental protection plans (hereinafter referred to as Decree No. 18/2015/NĐ-CP) concurrently with the process of developing or adjusting such strategies, plans, or programs.

2. The form, structure, and content of the SEA report are prescribed in Appendices 1.2 and 1.3 of Circular No. 27/2015/TT-BTNMT dated May 29, 2015 of the Minister of Natural Resources and Environment on strategic environmental assessment, environmental impact assessment, and environmental protection plans (hereinafter referred to as Circular No. 27/2015/TT-BTNMT).

3. The Lead Agency must conduct the SEA itself, and consulting organizations hired to conduct the SEA must meet the conditions stipulated in Article 9 of Decree No. 18/2015/NĐ-CP.

Article 4. Outline and budget for preparing the SEA report

1. The outline and budget for preparing the SEA report according to the model prescribed in Appendix 1 of this Circular must be submitted by the Lead Agency to the competent authority for review and approval immediately upon being assigned to develop or adjust the strategy, plan, or program.

2. The time limit for reviewing and approving the outline and budget for preparing the SEA report is not more than seven working days from the date of receipt of the documents specified in Clause 1 of this Article. In cases where the documents do not meet the conditions for approval, the competent authority must respond in writing to the Lead Agency within three working days from the date of receipt of the documents, specifying the reasons.

3. Costs for preparing the SEA report are included in the construction or adjustment funds for the strategy, plan, or program for transportation development.

4. For the outline and budget for preparing the SEA report of strategies, plans, or programs assigned by the Ministry of Transport to the Lead Agency, the Department of Environment will organize the review, and submit it to the leadership of the Ministry for approval.

Article 5. Review of the Environmental Impact Assessment Report

1. The agency responsible for establishing the CQK shall be responsible for:

a) Preparing the Environmental Impact Assessment report in accordance with Article 3 of Circular No. 27/2015/TT-BTNMT and submitting it to the competent authority as prescribed in Clause 1, Article 16 of the Law on Environmental Protection for review;

b) Appointing authorized staff to proactively coordinate with the reviewing agency and participate in, explain at the meeting of the Environmental Impact Assessment report review board.

2. For the Environmental Impact Assessment reports within the jurisdiction of the Ministry of Transport's review, the Department of Environment is the permanent reviewing agency, organizing the review activities in accordance with Article 10 of Decree No. 18/2015/NĐ-CP and Chapter V of Circular No. 27/2015/TT-BTNMT.

3. Agencies and units under the Ministry of Transport must appoint experts who meet the requirements stipulated in Article 19 of Circular No. 27/2015/TT-BTNMT to participate in the Environmental Impact Assessment report review board upon the request of the Department of Environment.

Article 6. Completing the Environmental Impact Assessment Report

1. The agency responsible for establishing the CQK must study and incorporate the review opinions on the Environmental Impact Assessment report, integrate the results of implementing the Environmental Impact Assessment into the draft strategy, planning, and plan, and submit the Environmental Impact Assessment dossier to the reviewing agency as prescribed in Clause 1, Article 5 of Circular No. 27/2015/TT-BTNMT within a maximum period of 15 working days from the date of receipt of the notification of the review results.

2. The review result report of the Environmental Impact Assessment report serves as the basis for the competent authority to consider and approve the development strategy, planning, and plan for transportation.

Chapter III

ENVIRONMENTAL PROTECTION IN INVESTMENT AND CONSTRUCTION INFRASTRUCTURE OF TRANSPORTATION

Section 1

STAGE OF PROJECT PREPARATION

Article 7. Environmental Impact Assessment and Environmental Protection Plan

1. The project owner must conduct an Environmental Impact Assessment (hereinafter referred to as EIA) in accordance with Article 12 of Decree No. 18/2015/NĐ-CP or register an Environmental Protection Plan (hereinafter referred to as EPPlan) in accordance with Article 18 of Decree No. 18/2015/NĐ-CP during the project preparation phase.

2. The form, structure, and content of the EIA report are specified in Appendix 2.2 and 2.3 of Circular No. 27/2015/TT-BTNMT.

3. The form, structure, and content of the EPPlan are specified in Appendices 5.4, 5.5, and 5.6 of Circular No. 27/2015/TT-BTNMT.

4. The project owner must conduct the EIA themselves, and the consulting organization hired to conduct the EIA must have the necessary conditions as prescribed in Article 13 of Decree No. 18/2015/NĐ-CP.

Article 8. Outline and Budget for Preparing the EIA Report and EPPlan

1. The outline and budget for preparing the EIA report and EPPlan according to the model prescribed in Appendix 2 of this Circular must be submitted by the project owner to the competent authority for review and approval after being assigned the task of preparing the project.

2. The cost of preparing the EIA report and EPPlan belongs to the project investment capital.

Article 9. Review and Approval of the Outline and Budget for Preparing the EIA Report and EPPlan

1. The time limit for reviewing and approving the outline and budget for preparing the EIA report and EPPlan is as follows:

a) Not exceeding 10 working days from the date of receipt of the dossier as prescribed in Clause 1, Article 8 for projects within the scope of Point 1 and 2 of Appendix III of Decree No. 18/2015/NĐ-CP;

b) Not exceeding 7 working days from the date of receipt of the dossier as prescribed in Clause 1, Article 8 for projects not within the scope of Point 1 and 2 of Appendix III of Decree No. 18/2015/NĐ-CP.

In case the dossier does not meet the conditions for approval, the competent authority must respond in writing to the project owner within 3 working days from the date of receipt of the dossier and specify the reasons.

2. For the outline and budget for preparing the EIA report and EPPlan of projects assigned the task of preparing the project by the Ministry of Transport, the Department of Environment organizes the review and submits to the leadership of the Ministry for approval.

Article 10. Reviewing, Approving Environmental Impact Assessment Reports and Confirming Environmental Protection Commitments

1. The project proponent shall be responsible for:

a) Preparing the environmental impact assessment report dossier in accordance with Article 6 of Circular No. 27/2015/TT-BTNMT and submitting it to the competent authority as prescribed in Clause 1, Article 14 of Decree No. 18/2015/NĐ-CP for review and approval, or preparing the environmental protection commitment registration dossier in accordance with Article 33 of Circular No. 27/2015/TT-BTNMT and submitting it to the competent authority as prescribed in Article 32 of Circular No. 27/2015/TT-BTNMT for confirmation;

b) Paying the review fee for the environmental impact assessment report in accordance with Circular No. 218/2010/TT-BTC dated December 29, 2010 of the Ministry of Finance, which stipulates the levels of collection, payment procedures, and management and use of the review fee for environmental impact assessments;

c) Appointing authorized staff to actively cooperate with the reviewing agency in organizing review activities and participating in and explaining at the meeting of the environmental impact assessment report review board.

2. For environmental impact assessment reports within the jurisdiction of the Ministry of Transport for review and approval, the Department of Environment shall be the permanent reviewing agency, implementing review activities in accordance with Clauses 2, 3, 4, and 5 of Article 14 of Decree No. 18/2015/NĐ-CP, Article 8, and Chapter V of Circular No. 27/2015/TT-BTNMT.

3. Agencies and units under the Ministry of Transport must appoint experts who meet the requirements set forth in Article 19 of Circular No. 27/2015/TT-BTNMT to participate in the composition of the environmental impact assessment report review board upon the request of the Department of Environment.

Article 11. Completing Environmental Impact Assessment Reports and Environmental Protection Commitments

1. The project proponent must study and incorporate the review comments, perfect the environmental impact assessment report of the project, and submit the dossier to the reviewing agency as prescribed in Clause 1, Article 9 of Circular No. 27/2015/TT-BTNMT within a maximum period of 15 working days from the date of receipt of the review result notification.

2. Based on the content of the environmental impact assessment report or the environmental protection commitment, the project proponent shall be responsible for determining and allocating funds for environmental protection work within the total investment amount of the project, and if necessary, adjusting the project investment content to ensure the integration of environmental protection measures and works of the project.

3. The project proponent must send one certified copy of the decision approving the environmental impact assessment report of the project or one certified copy of the document confirming the environmental protection commitment of the project to:

a) The Vietnam Highway Administration or the specialized agency under the Ministry of Transport responsible for managing the construction of transportation infrastructure projects;

b) The provincial Department of Transport related to the construction of transportation infrastructure projects managed by local authorities.

4. For projects approved by the Ministry of Natural Resources and Environment for their environmental impact assessment reports, the project proponent must send one certified copy of the decision approving the environmental impact assessment report of the project to the Ministry of Transport.

5. The project proponent must re-prepare the environmental impact assessment report in accordance with Clause 1, Article 15 of Decree No. 18/2015/NĐ-CP; and re-register the environmental protection commitment in accordance with Clause 2, Article 35 of Circular No. 27/2015/TT-BTNMT.

6. The decision approving the environmental impact assessment report serves as the basis for the competent authority to carry out the tasks specified in Point a, b, d, and đ Clause 2, Article 25 of the Law on Environmental Protection. Confirmation of the registration of the environmental protection commitment serves as the basis for the project proponent to implement the construction of the project.

Section 2

Article 14. Tasks of the Project Management Board for projects

Article 12. Regarding the project owner

1. The project owner must include environmental protection commitments, waste management measures, and measures to minimize negative impacts on the environment in the EIA report or the Environmental Impact Assessment Notification that has been approved or confirmed by the competent authority into the tender documents and construction contracts with contractors.

2. The project owner shall be responsible for organizing and managing environmental protection work during construction activities and shall perform the following tasks:

a) Prepare and approve the project's environmental management plan according to the model specified in Appendix 2.9 and 2.10 of Circular No. 27/2015/TT-BTNMT and send a letter according to the model at Appendix 2.11 of Circular No. 27/2015/TT-BTNMT to the People's Committee of the commune where opinions were consulted during the implementation of the EIA for public display of the project's environmental management plan before commencement of construction;

b) Guide, disseminate, and inform employees of contractors about the contents of the environmental management plan and waste management measures, and measures to minimize negative impacts on the environment for the construction package that the contractor will undertake;

c) Supervise and urge contractors to implement management, collection, and treatment of waste (especially hazardous waste), dust reduction, noise reduction, vibration reduction, and emergency response measures, ensuring traffic safety during construction; conduct weekly environmental compliance assessments and record assessment reports according to the model in Appendix 3 of this Circular;

d) Regularly organize environmental monitoring, compile, evaluate, and prepare reports on the project's environmental protection compliance progress and submit them to the specialized agencies under the provincial People's Committee and the agency approving the EIA report;

đ) In case of an environmental incident, stop construction activities, take remedial measures, and immediately report to the agency approving the investment decision of the project and the People's Committee of the commune or district or the Department of Natural Resources and Environment where the project is being implemented;

e) Explain to the agency approving the EIA report in cases where the project changes scale, capacity, technology increasing adverse environmental impacts compared to the EIA report but not requiring a new EIA report, and only implement such changes after obtaining approval from the agency approving the EIA report;

g) Store environmental protection records of the project; cooperate and provide relevant information to state management agencies regarding environmental protection during inspections and audits;

h) Handle violations by construction contractors concerning environmental protection work within the construction package according to the terms of the signed contract.

Article 13. Regarding construction contractors

1. Construction contractors must comply with laws on environmental protection, environmental technical standards and norms, and fully meet environmental protection requirements stipulated in the contract signed with the project owner.

2. During the construction of transportation infrastructure, construction contractors must carry out the following basic tasks:

a) Implement the requirements of the project's environmental management plan and waste management measures, and measures to minimize negative impacts on the environment for the construction package undertaken by the contractor;

b) Continuously supervise and urge staff to comply with environmental protection requirements for the construction package during the construction process; raise awareness and environmental consciousness among workers;

c) Collect, store, transport, treat, or dispose of solid construction waste (such as sludge, excavated soil; dredged mud, sand, gravel; construction debris) in accordance with designated locations, methods, and volumes;

đ) Collect, store household waste and contract with local environmental sanitation units to transport, treat, or self-treat according to prescribed methods;

e) Collect, store hazardous waste and contract with units holding permits for hazardous waste management to transport and treat;

g) Arrange toilets, waste collection equipment, temporary wastewater treatment facilities on the construction site, construction site offices, and worker camps;

h) Implement dust reduction, noise reduction, vibration reduction measures, drainage measures, and localized flooding prevention; develop and implement emergency response plans and ensure traffic safety throughout the construction process;

i) Exploit minerals for construction materials, use water resources, discharge wastewater into water sources in accordance with laws on minerals and water resources; manage industrial explosives and blasting operations in accordance with laws on industrial explosives;

k) Maintain the technical condition of transportation vehicles, equipment, and construction machinery in accordance with quality, safety, and environmental protection regulations; adhere to vehicle load limits; cover and prevent leakage, spillage causing environmental pollution during the transportation of raw materials and waste throughout the construction process;

l) Restore the environment, clean up the construction site, clear riverbeds and canals after completing the construction package;

m) Cooperate and provide relevant information to state management agencies regarding environmental protection during inspections and audits.

3. Encourage construction contractors:

a) To manage the environment according to ISO 14000 standards;

b) To apply reasonable and effective solutions for the exploitation and utilization of construction materials, balancing ecological environments;

c) To reuse and recycle waste for beneficial purposes; utilize construction debris combined with scientific research or new technologies to create useful products meeting standards and ensuring environmental hygiene and safety;

d) To establish an environmental protection fund according to Clause 1 of Article 149 of the Law on Environmental Protection.

Article 14. Regarding environmental consultancy contractors

1. Environmental monitoring consultancy contractors must have a certificate confirming their eligibility to operate environmental monitoring services in accordance with Decree No. 127/2014/ND-CP dated December 31, 2014 of the Government on the conditions for organizations operating environmental monitoring services; the contents of the certificate must be consistent with the environmental monitoring activities during the construction of the project.

2. Environmental monitoring consultancy contractors must comply with technical procedures for environmental monitoring, environmental technical standards, and bear responsibility before the project owner and the law for information and data created by themselves in carrying out environmental monitoring work.

Section 3

STAGE OF COMPLETION AND HANDOVER OF THE PROJECT WORK FOR EXPLOITATION AND USE

Article 15. Report on completion of environmental protection work

1. For projects with waste treatment facilities, the project owner must conduct trial operation of the waste treatment facility according to Clause 4, Article 10 of Circular No. 27/2015/TT-BTNMT and Clause 4, Article 16 of Decree No. 18/2015/NĐ-CP.

2. The project owners of the subjects specified in Column 4 of Appendix II of Decree No. 18/2015/NĐ-CP must prepare a report on the results of implementing environmental protection works serving the operational phase according to Clause 2, Article 12 of Circular No. 27/2015/TT-BTNMT to submit to the authority that approved the EIA report for inspection and confirmation before officially putting the project into operation.

3. The inspection and confirmation of environmental protection works serving the operational phase of the project are stipulated in Article 17 of Decree No. 18/2015/NĐ-CP and Chapter IV of Circular No. 27/2015/TT-BTNMT.

4. For projects approved by the Ministry of Transport for the EIA report, the Department of Environment organizes inspections and submits to the leadership of the Ministry for confirmation of environmental protection works serving the operational phase of the project.

Chapter IV

ENVIRONMENTAL INSPECTION AND REPORTING

Article 16. Annual Environmental Report

1. The annual environmental protection work report of each investment project for transportation infrastructure construction according to the form at Appendix 4 of this Circular must be prepared and submitted by the project owner before December 1st each year to:

a) Vietnam Highway Administration or the Department under the Ministry of Transport responsible for specialized state management of transportation infrastructure construction projects managed by the Ministry of Transport;

b) The provincial Department of Transport related to the construction of transportation infrastructure projects managed by local authorities.

2. Vietnam Highway Administration and Departments under the Ministry of Transport shall compile and send the annual environmental protection work reports of transportation infrastructure construction projects under their state management authority to the Ministry of Transport before December 10th each year.

3. Departments of Transport in localities shall compile and send the annual environmental protection work reports of transportation infrastructure construction projects managed by localities to the Ministry of Transport before December 10th each year.

4. The Department of Environment shall compile the annual environmental protection work reports of transportation infrastructure construction projects from the authorities specified in Clauses 2 and 3 of this Article to include them in the annual environmental protection work report of the transport sector.

Article 17. Environmental protection work inspection

1. The environmental protection work inspection plan shall be implemented as follows:

a) It must be developed annually and publicly notified to relevant agencies, units, and project sponsors;

b) The inspection content includes compliance with laws on environmental protection and the contents approved in the EIA report and environmental impact assessment reports of projects during construction;

c) The inspection must be notified in writing to the project sponsor at least five days before the inspection takes place.

2. The Environment Department, the Vietnam Highway Administration, and subordinate agencies under the Ministry of Transport shall cooperate in developing and implementing the environmental protection work inspection plan for transportation infrastructure investment projects managed by the central government.

3. Provincial Departments of Transport shall develop and implement the environmental protection work inspection plan for transportation infrastructure investment projects managed by local authorities.

4. In addition to the provisions of Clause 2 of this Article, in cases where necessary, the Environment Department shall organize surprise inspections according to the directives of the Ministry's leadership on the implementation of environmental protection work for transportation infrastructure investment projects within the scope of management by the Ministry of Transport.

Chapter IV

IMPLEMENTATION

Article 18. Responsibilities of General Departments, Bureaus, State-owned Enterprises, and Companies Subordinate to the Ministry of Transport

1. Strictly comply with laws on environmental protection and the provisions of this Circular.

2. Establish specialized or concurrently responsible departments and staff for environmental protection work.

3. Organize the review and approval of outlines and budgets for the preparation of EIA reports and environmental impact assessment reports of transportation infrastructure investment projects within their authority to decide on investment.

4. Promote and guide subordinate agencies, units, and personnel under their management to implement laws on environmental protection and the provisions of this Circular.

Article 19. Responsibilities of Advisory Agencies under the Ministry of Transport

1. The Environment Department shall have the responsibility:

a) To guide and implement environmental protection work in the development of transportation infrastructure as stipulated in this Circular;

b) To regularly prepare and submit annual environmental protection work reports of the transport industry to the Ministry's leadership;

c) To take the lead in building and submitting to the Ministry's leadership for approval the inspection plan for environmental protection work and to carry out inspections on the enforcement of laws on environmental protection and the provisions of this Circular in transportation infrastructure investment and construction.

2. The Planning-Investment Department shall take the lead in submitting to the Ministry's leadership for approval the allocation of state budget funds for the Ministry to serve environmental protection work in the development, adjustment of strategies, plans, and planning for transportation and in transportation infrastructure investment projects.

3. The Cadre and Civil Service Affairs Department shall take the lead, in coordination with the Environment Department, to submit to the Ministry's leadership for decision-making on commendation forms for agencies, organizations, and individuals who have achieved results in implementing environmental protection work in transportation infrastructure investment projects according to laws on environmental protection and the provisions of this Circular.

4. The Ministry Office, the Inspectorate, and other Departments and Committees under the Ministry shall, according to their functions and responsibilities, coordinate with the Environment Department to organize the implementation of laws on environmental protection and the provisions of this Circular in transportation infrastructure investment and construction.

Article 20. Responsibilities of local authorities

1. The People's Committees of provinces and centrally governed cities shall organize the implementation of this Circular in the work of building and adjusting plans for local transportation development and in investment projects for constructing transportation infrastructure within their jurisdiction.

2. Departments of Transport shall strictly comply with legal provisions on environmental protection and the provisions of this Circular; proactively monitor environmental conditions and developments at construction sites for transportation infrastructure within their administrative areas; participate in inspection teams organized by the Ministry of Transport to inspect environmental protection work in investment projects for constructing transportation infrastructure within their management scope.

Article 21. Effective Date

This Circular takes effect from September 10, 2015, and replaces Circular No. 09/2010/TT-BGTVT dated April 6, 2010, issued by the Minister of Transport regarding environmental protection in the development of transportation infrastructure, and Circular No. 13/2012/TT-BGTVT dated April 24, 2012, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 09/2010/TT-BGTVT dated April 6, 2010.

Article 22. Implementation Provisions

The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, the Director of the General Department of Roads, Directors of specialized agencies, Heads of agencies, Directors of Departments of Transport, and related organizations and individuals are responsible for implementing this Circular./.