Circular No. 33/2018/TT-BTNMT provides procedures for addressing the consequences of oil spills at sea.

Article 2. Applicability

This Circular applies to state management agencies, organizations, and individuals within and outside Vietnam involved in remedying the consequences of oil spills in Vietnam's territorial waters.

Article 3. Explanation of Terms

Remediation of the consequences of oil spills at sea includes activities aimed at cleaning up coastal land, water, surface sediment of the seabed, affected ecosystems, and measures to limit damage and restore marine ecosystems after oil spills at sea.

Article 4. General principles for remedying the consequences of oil spills at sea

1. Relevant agencies, organizations, and individuals have the responsibility to closely coordinate and mobilize resources to implement the remediation of the consequences of oil spills at sea.

2. The remediation of the consequences of oil spills must utilize information, data, results of emergency responses to oil spills, and supplementary investigations and updates.

3. Select advanced technologies and environmentally friendly technologies.

4. The quality of the marine environment after remediation of the consequences of oil spills at sea must be improved and capable of recovering to meet national technical standards for the environment.

Article 5. Process for remedying the consequences of oil spills at sea

1. Investigation, assessment of the extent of marine environmental pollution caused by oil spills at sea.

2. Establishment of a plan to remedy the consequences of oil spills at sea.

3. Implementation of the plan to remedy the consequences of oil spills at sea and monitoring the implementation of the plan.

4. Evaluation of the results of implementing the plan to remedy the consequences of oil spills at sea.

Chapter II
INVESTIGATION, ASSESSMENT OF THE EXTENT OF ENVIRONMENTAL POLLUTION
CAUSED BY OIL SPILLS AT SEA

Article 6. Determination of the scope of the preliminary investigation and assessment area of marine environmental pollution

The scope of the preliminary investigation and assessment area of marine environmental pollution is determined based on remote sensing images, video footage, photographs taken at the site, and the results of emergency response activities from information and data in reports prescribed in Clause 1, Article 13 of the Regulation on emergency response to oil spills promulgated together with Decision No. 02/2013/QĐ-TTg of January 14, 2013 of the Prime Minister promulgating the Regulation on emergency response to oil spills (hereinafter referred to as Decision No. 02/2013/QĐ-TTg).

Article 7. Investigation and Preliminary Assessment of the Degree of Marine Environmental Pollution

1. The investigation and preliminary assessment of the degree of marine environmental pollution shall be conducted in areas determined according to the provisions of Article 6 of this Circular.

2. The procedure for conducting the investigation and preliminary assessment of the degree of marine environmental pollution:

a) Collecting and compiling information, documents, and data on the current state of the marine environment and ecosystem as stipulated in Article 8 of this Circular;

b) Measuring, monitoring, sampling, and analyzing samples to determine the concentration of oil in the marine environment as stipulated in Article 10 of this Circular;

c) Conducting a preliminary assessment of the degree of marine environmental pollution including determining the total mineral oil concentration in seawater and total hydrocarbons in surface sediment of the seabed according to the provisions of Article 10 of this Circular; comparing with current national technical standards and regulations on the environment;

d) Conducting a preliminary assessment of the impact of marine oil spills on biological resources and ecosystems;

đ) Preparing a report on the investigation, survey, and preliminary assessment of the degree of marine environmental pollution caused by marine oil spills according to the model prescribed in Appendix 01 issued together with this Circular.

3. The agencies, organizations, and individuals responsible for remedying the consequences of marine oil spills (hereinafter referred to as the agencies, organizations, and individuals responsible for remedying the consequences of marine oil spills) are the subjects determined according to the provisions of Article 112 of the Law on Environmental Protection who are responsible for implementing activities, investigations, and preliminary assessments of the degree of environmental pollution caused by marine oil spills.

The investigation and preliminary assessment of marine environmental pollution caused by marine oil spills must be completed within no more than ten days from the date of receipt of the report concluding the oil spill incident as stipulated at Point c Clause 1 Article 13 of the Regulation on Response to Oil Spills issued together with Decision No. 02/2013/QĐ-TTg.

4. Based on the consolidated report of the results of the investigation and preliminary assessment of the degree of marine environmental pollution, the following actions shall be carried out:

a) In cases where the oil concentration in the water environment and surface sediment of the seabed is lower than the permitted values of national technical standards and regulations on the environment, there is no oil accumulation in the coastal area, and the impact of the oil spill incident on biological resources is insignificant, then proceed to announce that the area is not polluted, and conclude the remediation activities for the consequences of the marine oil spill incident.

The announcement of information shall be carried out according to the current legal provisions on the protection of the environment regarding the announcement of environmental status information;

b) In cases not falling under the provisions of Point a of this clause, a detailed investigation and assessment of the degree of marine environmental pollution shall be carried out according to the provisions of Article 12 of this Circular.

The area for detailed investigation and assessment of the degree of marine environmental pollution is the area determined for preliminary investigation and assessment as stipulated in Article 6 of this Circular.

Article 8. Collection and Compilation of Information, Documents, and Data on the Current State of the Marine Environment for the Purpose of Investigating and Preliminarily Assessing the Degree of Marine Environmental Pollution

1. Information and data must be collected from officially recognized sources, ensuring legal validity, reliability, and being the most up-to-date.

2. Sources of information and data for the preliminary assessment of the degree of environmental pollution caused by oil spills include:

a) Information and data from Statistical Yearbooks of the General Statistics Office and local statistical agencies;

b) Information and data from the results of resource and environmental monitoring by the global, regional, national, and local resource and environmental monitoring systems; results of scientific research programs and projects at provincial, ministerial, and national levels that have been accepted;

c) Information and data provided by relevant ministries, departments, bureaus, and agencies;

d) Reports stipulated in Clause 1 Article 13 of Decision No. 02/2013/QĐ-TTg;

đ) Information and data obtained from supplementary field surveys;

e) Information and data about the investigation and preliminary assessment area from remote sensing images or aerial photographs;

g) Information and data from other reliable sources.

3. Information and data related to the investigation and preliminary assessment area that need to be collected and compiled include:

a) Information and data on natural conditions, natural resources, ecosystems, including geological and geomorphological conditions along the coast, meteorology, hydrology, oceanography; potential and distribution of various types of resources; conservation areas, coral reef ecosystems, seagrass beds, mangrove forests, and other marine ecosystems;

b) Information and data on the current state of water components, sediment environments, pollution status, environmental incidents, and discharge sources in the coastal zone;

c) Information and data on property damage, human casualties, economic, social, and environmental impacts due to marine oil spills;

d) Other relevant information and data.

4. Synthesize and analyze the collected information and data.

5. In cases where the information and data collected and compiled according to the provisions of Clause 2 of this Article do not meet the requirements for the preliminary assessment of environmental pollution caused by marine oil spills, field investigations and surveys must be conducted to supplement necessary information and data according to the network diagram of positions and supplementary measurement, monitoring, and sampling plans prescribed in Article 9 of this Circular.

 Article 9. Establishing a network diagram of measurement positions and planning for additional measurements, monitoring, and sampling to serve preliminary investigation and assessment of marine environmental pollution levels

1. Establishing a network diagram of measurement positions for additional measurements, monitoring, and sampling

The establishment of a network diagram of measurement positions for additional measurements, monitoring, and sampling shall be carried out in accordance with relevant regulations on additional measurements, monitoring, and sampling.

2. Planning for additional measurements, monitoring, and sampling

a) Content, methods, and ways of conducting additional measurements, monitoring, and sampling;

b) Volume of work for additional measurements, monitoring, and sampling;

c) Time for additional measurements, monitoring, and sampling;

d) Human resources and equipment for conducting additional measurements, monitoring, and sampling.

Article 10. Investigating, measuring, and monitoring to determine oil concentration in the marine environment, current status of biological resources, and ecosystems to serve preliminary investigation and assessment of marine environmental pollution levels

1. Measurement, monitoring, and sampling activities shall be conducted at the positions and according to the plan determined in Article 9 of this Circular. Collection and processing, preservation of seawater samples and surface sediment samples from the seabed shall be carried out strictly in accordance with current regulations.

2. Monitoring meteorological and hydrological factors, including: visibility, air temperature, atmospheric pressure, air humidity, wind, rain, sea water temperature, sea surface condition; recording other weather phenomena (if any).

3. Conducting measurements and monitoring of environmental factors in seawater and surface sediment samples caused by oil spills.

4. Observing, filming, photographing, interviewing, and documenting the current status of biological resources and ecosystems.

5. Reviewing, checking, and correcting field measurement and monitoring data.

6. Transporting samples to the laboratory for analysis.

7. Processing and analyzing samples in the laboratory.

Article 11. Detailed investigation, measurement, and survey of marine environmental pollution levels

1. Procedure for detailed investigation and survey of marine environmental pollution levels

a) Dividing the investigation and evaluation area into sub-regions based on criteria specified in Clause 2 of this Article;

b) Establishing lines, points, and creating a network diagram of measurement positions for additional measurements, monitoring, and sampling of marine environmental samples based on supplementing and thickening the positions already determined according to the provisions of Article 9 of this Circular, ensuring that each sub-region has at least one line for measurement, monitoring, and sampling, and the density of measurement and monitoring positions is appropriate to the standards and technical regulations for assessing marine environmental quality currently in force; observing, filming, photographing, interviewing, and documenting the current status, analyzing and evaluating the impact of oil spills on biological resources and ecosystems;

c) Planning for additional measurements, monitoring, and sampling of marine environmental samples;

d) Implementing plans for additional measurements, monitoring, and sampling of marine environmental samples in accordance with current regulations. Environmental parameters of seawater that need to be analyzed are specified in Clause 3 of this Article.

2. Division of the investigation and evaluation area into sub-regions based on the following criteria:

a) Natural conditions, morphological characteristics, topography;

b) Characteristics of biological resources and ecosystems;

c) Marine resource exploitation and utilization activities.

3. Seawater environmental parameters; environmental parameters of surface sediment from the seabed caused by oil spills need to be analyzed according to national technical standards and regulations on the environment.

Article 12. Detailed Assessment of the Degree of Marine Environmental Pollution

1. The detailed assessment includes:

a) Assessing the degree of marine water environmental pollution and surface sediment pollution at the seabed based on comparing with the parameters specified in the current national technical regulations on the environment as stipulated in Clause 3, Article 11 of this Circular;

b) Assessing the degree of damage to the marine environment caused by oil spills according to the provisions of Clause 2 of this Article for each sub-region.

2. The assessment of the degree of damage to the marine environment caused by oil spills for each sub-region shall be conducted as follows:

a) Quantitative assessment of the damage index (I_v), calculated from 15 component indices (V_i) and the weight of those components (K_i) using the following formula:

I_v = ∑¹⁵_i=1K_i ×V_i

The quantitative value of the weight K_i of the component indices V_i reflects the level of importance of that component index to the damage index of the sub-region, determined through tools and methods for extracting expert knowledge.

The values of the component indices V_i are determined by scoring according to the criteria set out in Appendix 02 issued together with this Circular;

b) Classifying the degree of damage caused by marine environmental pollution of the sub-region according to the value of the damage index I_v into 04 levels: low damage level, medium damage level, high damage level, very high damage level.

3. Prepare a report on the detailed assessment results of the degree of marine environmental pollution caused by oil spills at sea according to the model prescribed in Appendix 03 issued together with this Circular.

Agencies, organizations, and individuals responsible for remedying oil spills at sea have the responsibility to carry out investigation and detailed assessment activities of the degree of environmental pollution caused by the incident.

The investigation and detailed assessment of the degree of environmental pollution caused by oil spills at sea must be completed within no more than 20 working days from the date of the preliminary investigation and assessment report.

Article 13. Conditions for Establishing a Plan to Mitigate the Consequences of Oil Spills at Sea

1. The establishment of a plan to mitigate oil spills at sea is carried out when one of the following situations occurs:

a) The number of locations where the concentration of environmental parameters exceeds the permitted values according to national standards and technical regulations on the environment accounts for more than 25% of the total number of measurement, monitoring, and sampling locations;

b) The total area of sub-regions with a low damage level accounts for more than 15% of the total area of the region under detailed investigation and assessment.

2. In cases not covered by Clause 1 of this Article, the monitoring of the evolution of the degree of marine environmental pollution shall be carried out according to the provisions of Article 14 of this Circular.

Article 14. Monitoring the Evolution of Marine Environmental Pollution Caused by Oil Spills

1. Conduct measurements, monitoring, sampling, and analysis of environmental parameters exceeding national standards and technical regulations on the environment, and periodically assess the degree of damage of each sub-region.

2. Frequency of measurements, monitoring, sampling, and analysis of environmental parameters exceeding national standards and technical regulations on the environment:

a) For marine water environment: once a week;

b) For surface sediment environment at the seabed: twice a week.

3. Every 15 days, conduct an evaluation of the evolution of marine environmental pollution caused by oil spills at sea according to the model prescribed in Appendix 04 issued together with this Circular.

Agencies, organizations, and individuals responsible for remedying oil spills at sea have the responsibility to report on the evolution of marine environmental pollution caused by oil spills at sea.

4. Monitoring the evolution of marine environmental pollution caused by oil spills at sea shall be carried out within 30 days from the date of the detailed assessment report on the degree of marine environmental pollution caused by oil spills at sea. If environmental parameters still exceed national standards and technical regulations on the environment, a plan to mitigate the consequences of oil spills at sea shall be established.

Chapter III
ESTABLISHING AND IMPLEMENTING A PLAN TO MITIGATE THE CONSEQUENCES OF OIL SPILLS AT SEA
OIL SPILL INCIDENTS AT SEA

Article 15. Establishment of a Plan to Mitigate the Consequences of Oil Spills at Sea

1. Within ten days from the date of receiving the detailed environmental impact assessment report due to oil spills at sea or from the date of completing the monitoring of marine environmental changes, the entity, organization, or individual responsible for mitigating the consequences of oil spills at sea shall complete the establishment of the plan to mitigate the consequences of oil spills at sea.

2. The main contents of the plan to mitigate the consequences of oil spills at sea include:

a) Basis for establishing the plan to mitigate the consequences of oil spills at sea;

b) Objectives and scope of activities to mitigate the consequences of oil spills at sea;

c) Measures to mitigate the consequences of oil spills at sea;

d) Contents of supervision over the implementation of the plan to mitigate the consequences of oil spills at sea according to the selected measures as stipulated in Clause 2, Article 18 of this Circular;

e) Results of implementing the plan to mitigate the consequences of oil spills at sea.

Detailed contents of the plan to mitigate the consequences of oil spills at sea shall be in accordance with the model prescribed in Appendix 05 attached to this Circular.

3. After establishing the plan to mitigate the consequences of oil spills at sea, the entity, organization, or individual responsible for mitigating the consequences of oil spills at sea must submit it to the People's Committees at all levels where the oil spill occurred and the relevant ministries and agencies.

Article 16. Implementation of the plan mitigation of the consequences of oil spills at sea

1. Implementation of the plan to mitigate the consequences of oil spills at sea must comply with the contents of the plan.

2. After completion of the implementation of the plan to mitigate the consequences of oil spills at sea, reports on the results of implementation must be submitted to the relevant authorities as stipulated in Clauses 3 and 4 of Article 15 of this Circular.

Article 17. Adjustment of the Plan to Mitigate the Consequences of Oil Spills at Sea

1. The entity, organization, or individual responsible for mitigating the consequences of oil spills at sea may adjust the plan to mitigate the consequences of oil spills at sea if any of the following circumstances occur:

a) The measures to mitigate the consequences of oil spills at sea according to the plan are ineffective;

b) Due to urgent requirements for national defense and security;

c) Due to natural disasters or force majeure.

2. In the case specified in Point a, Clause 1 of this Article, the adjustment of the plan to mitigate the consequences of oil spills at sea must be based on the report on the results of evaluating the implementation of the plan to mitigate the consequences of oil spills at sea. The adjustment of the plan to mitigate the consequences of oil spills at sea must be completed within ten days from the date of the decision to adjust.

The main contents of the adjusted plan shall be carried out in accordance with the provisions of Clause 2, Article 15 of this Circular and the adjusted plan must be sent to the relevant authorities for implementation as stipulated in Clauses 3 and 4, Article 15 of this Circular.

Article 18. Monitoring and Supervision results of a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters. for improvement consequences of oil spills at sea

1. The authority receiving the plan and the report on the results of implementation within its scope of duties and powers shall be responsible for supervising the results of mitigating the consequences of oil spills at sea.

2. Contents of supervision:

a) Environmental parameters meeting current national technical standards and regulations on the environment;

b) Biological resources and ecosystems restored.

Article 19. Evaluation of the Results of Implementing the Plan to Mitigate the Consequences of Oil Spills at Sea

1. The agencies, organizations, and individuals responsible for mitigating the consequences of oil spills at sea shall be responsible for evaluating the results of implementing the plan and the adjusted plan.

2. The evaluation of the results of implementing the plan to mitigate the consequences of oil spills at sea shall be compiled into a report in accordance with the model prescribed in Appendix 06 attached to this Circular.

Chapter IV
IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Circular takes effect from March 12, 2019.

Article 21. Organization of Implementation

2. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Circular.