Joint Circular No. 35/2010/TTLT-BLDTBXH-BTNMT guiding management and environmental protection in facilities managing drug addicts, sex workers, and post-drug rehabilitation individuals

JOINT CIRCULAR

Guidelines on environmental management and protection in facilities managing drug addicts, sex workers, and post-drug rehabilitation individuals

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The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

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

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

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment,

The Ministry of Labor, Invalids and Social Affairs and the Ministry of Natural Resources and Environment hereby issue detailed guidelines as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint circulars guide contents related to environmental management and protection concerning the generation, classification, collection, transportation, storage, treatment, and disposal of medical waste, domestic and industrial waste at Rehabilitation-Education-Social Work Centers, Post-Rehabilitation Management Centers, Voluntary Drug Rehabilitation Facilities, and surrounding areas.

Article 2. Applicability

These joint circulars apply to facilities managing drug addicts, sex workers, and post-drug rehabilitation individuals including: Rehabilitation-Education-Social Work Centers; Post-Rehabilitation Management Centers, Voluntary Drug Rehabilitation Facilities established under Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government stipulating conditions, procedures for issuing permits, and management of voluntary drug rehabilitation facilities (hereinafter referred to collectively as Centers), and relevant agencies, organizations, and individuals.

Article 3. General Principles

1. Activities of Centers, organizations, and individuals must comply with environmental protection laws, not causing environmental pollution and adverse effects on human health.

2. Centers, organizations, and related individuals must comply with other provisions of environmental protection laws.

Chapter II

ENVIRONMENTAL MANAGEMENT AND PROTECTION IN

 CENTERS

Article 4. Requirements for planning and technology

1. For new or expanded Centers

a) Planning and layout of infrastructure must ensure a reduction in impacts and influences from waste-generating areas to other areas. Planning of waste collection and treatment systems must comply with legal provisions on environmental protection.

b) Construct waste treatment systems appropriate to the scale of the Center.

c) Select technologies meeting environmental technical standards to minimize environmental pollution.

2. For operating Centers causing environmental pollution

a) Develop remediation plans to ensure environmental sanitation, including learner living areas, sanitary facilities, livestock rearing areas, production areas, and construct or upgrade waste collection and treatment systems;

b) Upgrade and change technologies to reduce pollution.

Article 5. Preparation, review, and approval of environmental impact assessment reports; registration and confirmation of environmental protection commitments; implementation and verification of compliance with report contents

1. When investing in new construction, upgrading, repairing, or constructing projects, Centers must prepare environmental impact assessment reports or register and confirm environmental protection commitments based on the project's content and scale according to legal provisions.

2. The preparation, review, and approval of environmental impact assessment reports; registration and confirmation of environmental protection commitments; implementation, inspection, and confirmation of compliance with report contents must be carried out in accordance with legal provisions.

Article 6. Management of Solid Waste and Medical Waste

1. The collection, storage, transportation, and treatment of solid waste must be carried out in accordance with Decree No. 59/2007/ND-CP dated April 9, 2007, of the Government on the management of solid waste and guiding documents for implementation.

2. The collection, storage, transportation, and treatment of medical waste must be carried out in accordance with Decision No. 43/2007/QD-BYT dated November 30, 2007, of the Ministry of Health on the issuance of regulations on the management of medical waste.

Article 7. Management of Wastewater

1. The Center must implement measures to collect and treat wastewater from work areas, production zones, healthcare areas, and residential areas for trainees; ensuring that the wastewater meets national technical standards before being discharged into the environment.

2. The wastewater treatment system must meet the following requirements:

a) Using appropriate technological processes for the type of wastewater to be treated;

b) Having sufficient capacity to treat all wastewater generated by the Center, and having timely measures to address equipment malfunctions;

c) The wastewater discharge outlet must be located in a position convenient for inspection and monitoring, and in compliance with regulations on wastewater discharge;

d) Operating immediately when the Center begins its activities.

3. Sludge from the wastewater treatment system shall be managed according to regulations on solid waste management.

4. The Center must regularly monitor wastewater in accordance with the environmental impact assessment report approved or the environmental protection commitment registered. Regularly report wastewater monitoring data to the local state management agency responsible for environmental protection in accordance with laws on environmental protection. Monitoring data must be retained as a basis for inspecting and supervising the operation of the wastewater treatment system.

Article 8. Management and Control of Dust, Emissions, Noise, Vibration, and Light

1. Centers engaged in production activities must be responsible for controlling and treating emissions and dust in accordance with national technical standards and regulations on dust and emissions.

2. Construction projects or machinery and equipment using fuels or raw materials that emit dust and emissions must have shielding devices or filtration systems to reduce harmful emissions or other measures to ensure compliance with mandatory environmental standards or national technical standards on dust and emissions.

3. Centers engaged in production activities may not generate noise, vibration, or light levels exceeding national technical standards.

4. Centers must provide personal protective equipment to workers involved in production activities in accordance with the law.

Article 9. Environmental Monitoring, Statistics, Data Storage, and Information

1. Centers are responsible for conducting environmental status monitoring and assessing environmental impacts caused by their operations, including:

a) Cooperating with competent authorities to check and determine environmental factors twice annually;

b) Tracking the quantity, volume, current status, and trends of solid waste, wastewater, and emissions from the Center;

c) Forecasting the quality of wastewater and emissions before and after treatment according to the environmental monitoring program outlined in the environmental impact assessment report or the environmental protection commitment.

2. Centers are responsible for statistically recording and storing data on solid waste, wastewater, and emissions from the Center in both written form and through information technology.

Article 10. Publicizing and Providing Environmental Information

1. New investment construction centers or those upgrading, repairing, or constructing production projects shall be responsible for publicizing and providing environmental information about the project at the construction site so that the local community is informed before construction begins.

2. Operating centers shall be responsible for providing environmental information related to their activities to specialized agencies on environmental protection.

Article 11. Implementing Grassroots Democracy in Environmental Protection

1. Centers, specialized agencies, and staff responsible for environmental protection shall be responsible for disseminating and guiding staff and students within the center regarding environmental protection work.

2. Disseminating the content of environmental protection work to the local community where the center is located and where it carries out production projects.

3. In the following cases, the center must organize environmental dialogues:

a) At the request of the representative of the people's group through the dialogue proposal of the local authority.

b) At the request of state management agencies at all levels concerning environmental protection.

c) According to complaints, reports, or lawsuits from organizations or individuals concerned.

4. Responsibilities for explaining and participating in environmental dialogues are stipulated as follows:

a) The party requesting the dialogue must send to the requested party a document stating the issues requiring explanation or discussion.

b) Within no more than five working days from the date of receipt of the request, the receiving party must prepare the contents for answering, explaining, or directly participating in the dialogue or by written means.

c) If a state management agency on environmental protection requests the organization of a dialogue, the relevant parties must implement according to the regulations of the requesting agency.

5. Environmental dialogues shall be conducted based on legal provisions and under the chairmanship of the People's Committee or specialized agencies on environmental protection at all levels.

6. Dialogue results must be recorded in minutes noting opinions, agreements, serving as a basis for relevant responsible parties to implement, or for considering handling violations of environmental protection laws, compensating environmental damage.

Chapter III

IMPLEMENTATION

Article 12. Responsibilities of the Department of Labor, Invalids and Social Affairs

The Department of Labor, Invalids, and Social Affairs shall take the lead and coordinate with the Department of Natural Resources and Environment to advise the provincial People's Committees and municipalities directly under the Central Government on directing, guiding, and inspecting the implementation of legal regulatory documents on environmental protection in centers.

Article 13. Responsibilities of the Department of Natural Resources and Environment

The Department of Natural Resources and Environment shall take the lead and coordinate with the Department of Labor, Invalids, and Social Affairs to guide environmental protection work in centers: training and guiding professional staff; coordinating with the Department of Finance to develop annual budget plans; providing, guiding, and maintaining equipment for professional purposes; inspecting, supervising, statistically evaluating annually to promptly address environmental pollution situations in centers.

Article 14. Responsibilities of the Center

1. Adhering to legal regulations on environmental protection.

2. Implementing environmental protection measures stated in the approved environmental impact assessment report or the registered environmental protection commitment.

3. Preventing, limiting, and remedying adverse impacts on the environment from center activities.

4. Promoting environmental awareness among center staff and students through education and training.

5. Implementing environmental reporting systems as prescribed by environmental protection laws.

6. Accepting inspections and audits by authorized state agencies and complying with environmental inspection and audit systems.

7. Paying environmental protection fees and fulfilling financial obligations related to the environment.

8. Registering hazardous waste management as prescribed.

9. Training at least one staff member with basic knowledge of the environment to assist center leadership in managing environmental issues.

Article 15. Environmental Protection Activity Funding

The funding for environmental protection activities for investment in equipment, waste treatment systems, and operation shall be mobilized from the following sources:

a) Environmental public service funding;

b) State budget.

c) Support from domestic and international organizations and individuals;

d) Revenue from production, business, and service activities;

đ) Other sources as prescribed by law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular shall take effect 45 days from the date of signature.

Article 17. Responsibility for Implementation

1. Provincial People's Committees directly under the Central Government shall be responsible for directing the Department of Labor, Invalids and Social Affairs to take the lead, coordinate with the Department of Natural Resources and Environment, and relevant agencies to implement this Circular.

2. In the course of implementation, if any issues arise or difficulties occur, it is requested that agencies, organizations, and individuals report to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Natural Resources and Environment for consideration and resolution./.