Circular No. 35/2015/TT-BCT on environmental protection in the Industry and Trade sector

CIRCULAR

Provisions on environmental protection in the Industry Sectorg

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At the proposal of the Director of the Industrial Technical Safety and Environmental Protection Department,

The Minister of Industry and Trade issues this Circular stipulating environmental protection in the Industry Sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates environmental protection in the Industry Sector in the establishment, adjustment of strategies, plans, programs, projects; in production and business activities; inspection regimes, reporting, and responsibilities of state management agencies for environmental protection in the Industry Sector.

Article 2. Applicability

This Circular applies to organizations and individuals conducting investment, production, and business activities in Vietnam within industries and fields under the management responsibility of the Ministry of Industry and Trade, and other related organizations and individuals.

Chapter II

ENVIRONMENTAL PROTECTION IN THE ESTABLISHMENT OF STRATEGIES, PLANNING, AND PROGRAMS

Article 3. Preparation of Strategic Environmental Assessment Reports

1. Annually, the Planning Department shall be responsible for compiling and reporting to the leadership of the Ministry of Industry and Trade for approval the list of strategies, plans for industry development that must prepare strategic environmental assessment reports (hereinafter referred to as SEA reports).

2. Based on the approved list, the unit entrusted with the main responsibility for developing industry strategies, plans (hereinafter referred to as the main unit) shall develop the outline and budget for preparing the SEA report and submit it to the leadership of the Ministry of Industry and Trade for approval.

3. The main unit shall be responsible for preparing the SEA report according to Article 8 of Decree No. 18/2015/NĐ-CP dated February 14, 2015 of the Government stipulating planning for environmental protection, strategic environmental assessment, environmental impact assessment, and environmental protection plans (hereinafter referred to as Decree No. 18/2015/NĐ-CP) during the process of developing or adjusting industry development strategies, plans, and simultaneously send requests for comments from the Industrial Safety and Environment Technology Agency, the Planning Department, and relevant agencies and units regarding the SEA report before submitting it for review as prescribed.

4. The form and content of the SEA report are stipulated in Appendix 1.2 and 1.3 issued together with Circular No. 27/2015/TT-BTNMT dated May 29, 2015 of the Ministry 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).

Article 4. Review and Approval of SEA Reports

1. The main unit shall prepare the dossier for reviewing the SEA report according to Clause 1, Article 3 of Circular No. 27/2015/TT-BTNMT and submit it to the competent authority for review according to Clause 1, Article 16 of the Law on Environmental Protection to organize the review.

The organization of the review shall be carried out according to Article 10 of Decree No. 18/2015/NĐ-CP and Chapter V of Circular No. 27/2015/TT-BTNMT.

2. For strategies, plans within the approval authority of the Ministry of Industry and Trade, the main unit shall be responsible for preparing the dossier for reviewing the SEA report, submitting it to the Industrial Safety and Environment Technology Agency for organizing the review, reporting to the leadership of the Ministry of Industry and Trade for consideration and approval of the strategy, plan. The procedure is as follows:

a) Within thirty working days from the date of receiving complete and valid dossiers, the reviewing agency shall be responsible for organizing the review of the SEA report;

b) Within five working days from the end of the review meeting, the reviewing agency shall notify the main unit in writing about the results of the review;

c) Within thirty working days from the date of receipt of the notification of the review results, the main unit shall be responsible for completing the SEA report according to the review opinions, incorporating the results of the SEA into the draft strategy, plan, and submitting the SEA report dossier to the reviewing agency according to Clause 1, Article 5 of Circular No. 27/2015/TT-BTNMT.

Article 5. Funding for preparation and review of EIA reports

1. The funding for preparing EIA reports shall be allocated from the budget for developing strategies, plans, and programs guaranteed by the state budget from the expenditure on economic public services and other sources if available.

2. The funding for reviewing EIA reports shall be allocated from the state budget for environmental protection activities.

Chapter III

ENVIRONMENTAL PROTECTION DURING THE PROJECT FORMATION STAGE

Article 6. Preparation of Environmental Impact Assessment Reports and Environmental Protection Plans

1. The project investor falling under any of the cases stipulated in Clause 5, Article 33 of the Law on Environmental Protection and Appendix II issued together with Decree No. 18/2015/NĐ-CP shall be responsible for preparing an Environmental Impact Assessment Report (hereinafter referred to as the EIA report) in accordance with Article 12 of Decree No. 18/2015/NĐ-CP. The preparation of the EIA report must be carried out during the project preparation phase.

The form and content of the EIA report are regulated in Appendices 2.2 and 2.3 issued together with Circular No. 27/2015/TT-BTNMT.

2. The project investor falling under the case stipulated in Article 29 of the Law on Environmental Protection shall be responsible for registering an Environmental Protection Plan in accordance with Article 18 of Decree No. 18/2015/NĐ-CP and Article 33 of Circular No. 27/2015/TT-BTNMT during the investment preparation phase.

The form and content of the Environmental Protection Plan are regulated in Appendices 5.4, 5.5, and 5.6 issued together with Circular No. 27/2015/TT-BTNMT.

Article 7. Review and Approval of EIA Reports

1. The project investor shall be responsible for preparing the EIA report dossier in accordance with Article 6 of Circular No. 27/2015/TT-BTNMT and submitting it to the competent authority for review in accordance with Clause 1, Article 14 of Decree No. 18/2015/NĐ-CP to organize the review and approval.

The review of the EIA report shall be conducted through the Review Board and organized in accordance with Circular No. 27/2015/TT-BTNMT.

2. The reviewing authority shall notify the project investor in writing to pay the review fee for the EIA report in accordance with Circular No. 218/2010/TT-BTC dated December 29, 2010, of the Ministry of Finance, which stipulates the rates, collection, payment, and management of the EIA review fee or other relevant regulations.

3. After receiving the notification of the review results, the project investor shall revise and complete the EIA report and submit it to the reviewing authority for consideration and submission to the competent authority for approval.

4. For projects within the decision-making and approval authority of the Ministry of Industry and Trade but not included in the list of projects specified in Appendix III issued together with Decree No. 18/2015/NĐ-CP, the project investor shall prepare and submit the EIA report review application dossier in accordance with the regulations to the Department of Industrial Safety and Environmental Technology for organization of the review and submission to the leadership of the Ministry of Industry and Trade for approval. The procedure is as follows:

a) Within thirty working days from the date of receipt of all valid documents, the reviewing authority shall be responsible for organizing the review of the EIA report.

b) Within five working days from the end of the Review Board meeting, the reviewing authority shall notify the project investor in writing about the review results.

c) Within twenty working days from the date of receipt of the review result notification, the project investor shall be responsible for completing the EIA report according to the review comments, submit it to the reviewing authority for the leadership of the Ministry of Industry and Trade to consider and approve.

Article 8. Inspection and confirmation of completion of environmental protection works serving the operation phase of the project

For projects that must have their environmental protection works confirmed completed according to Appendix II issued with Decree No. 18/2015/NĐ-CP, the Project Owner shall be responsible for preparing a report on the results of implementing such environmental protection works and submitting it to the authority that approved the EIA report for inspection and confirmation before the project officially commences operations.

Article 9. Funding for preparation and review of the Environmental Impact Assessment Report

1. The funding for preparing the Environmental Impact Assessment Report shall be allocated from the project's investment capital.

2. The funding for reviewing the Environmental Impact Assessment Report shall be allocated from the revenue generated from the review fee for the Environmental Impact Assessment Report.

3. The funding for inspecting and confirming the completion of environmental protection works serving the operation phase of the project shall be sourced from the environmental public service fund.

Article 10. Environmental Protection Regulations during the Project Investment Planning Phase for Certain Special Fields

1. Projects involving surface water extraction (including seawater), underground water extraction, and use for production and business activities must apply for Water Extraction and Utilization Permits according to regulations governing water resource management.

2. Projects discharging wastewater into receiving waters must prepare an application for a Wastewater Discharge Permit according to regulations governing water resource management, except when discharging wastewater into a centralized collection and treatment system that has already been granted a Wastewater Discharge Permit and has an agreement or contract for wastewater treatment and disposal with the organization or individual managing and operating the centralized collection and treatment system.

3. For hydroelectric power plant construction projects with reservoirs, prior to water impoundment, the Project Owner must prepare a plan for cleaning the reservoir bed and submit it to the authority that approved the EIA report for inspection and approval in writing.

4. For mineral extraction projects

a) Develop and implement an environmental rehabilitation plan for the entire mining process, to be submitted to the competent authority for approval according to regulations;

b) Deposit a bond for environmental rehabilitation.

Chapter IV

ENVIRONMENTAL PROTECTION IN ACTIVITIES PRODUCTION, TRADING

Article 11. General Environmental Protection Regulations for Production and Business Establishments

The owner of production and business establishments shall be responsible for:

1. Preparing an environmental management plan and posting it at the People's Committee office of the commune where the production and business activities take place, after the EIA report has been approved.

2. Operating environmental protection facilities: Sewage collection and treatment systems, industrial wastewater treatment systems, and exhaust gas treatment systems according to the procedures approved in the EIA report or the confirmed Environmental Management Plan.

3. Implementing waste classification and management according to the provisions of Government Decree No. 38/2015/NĐ-CP dated April 24, 2015, on waste and residue management. Signing contracts with units having the function of collecting, transporting, and treating general solid waste in cases where self-treatment is not possible.

4. For hazardous waste, a register of waste sources must be established, classified into different groups, stored in warehouses, and managed according to the provisions of Circular No. 36/2015/TT-BTNMT dated June 30, 2015, of the Ministry of Natural Resources and Environment on hazardous waste management.

5. Activities listed in the Catalogue of Large-Scale Emission Sources specified in Appendix 1 attached to this Circular must register industrial emission sources according to Article 45 of Government Decree No. 38/2015/NĐ-CP dated April 24, 2015, on waste and residue management.

6. Conducting environmental monitoring according to parameters and frequencies specified in the approved EIA report, Environmental Management Plan, or equivalent document (the monitoring unit must hold a Certificate of Eligibility for Environmental Monitoring Services as stipulated by law).

Production and business establishments located outside industrial zones with a daily wastewater discharge volume of 1,000 m³/day-night or more (excluding cooling water) must install an automatic continuous wastewater monitoring system.

For emissions, establishments listed in the Catalogue specified in Appendix 1 attached to this Circular must install an automatic continuous emission monitoring system.

Monitoring equipment must be calibrated and tested according to regulations to ensure the reliability of monitoring data.

7. Establishing an environmental management system

a) Production and business establishments listed in the Catalogue specified in Appendix 2 attached to this Circular must confirm their environmental management system;

b) Production and business establishments listed in the Catalogue specified in Appendix 2 attached to this Circular that have implemented an environmental management system according to the valid National Standard TCVN ISO 14001 do not need to establish an environmental management system but must commit to implementing the contents stipulated in Article 27 of Government Decree No. 19/2015/NĐ-CP dated February 14, 2015, detailing the implementation of certain provisions of the Law on Environmental Protection.

Article 12. Environmental Protection in the Importation of Waste Materials from Abroad for Production Purposes

1. Organizations and individuals are only permitted to import waste materials from abroad for production purposes according to the List issued by the Prime Minister.

2. Organizations and individuals directly using imported waste materials as production raw materials or accepting agency imports must be granted by environmental management authorities a Certificate of Compliance with Environmental Protection Conditions for Waste Material Imports and must implement a guarantee deposit for imported waste materials in accordance with Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on Waste Management and Waste Materials.

Article 13. Response to Environmental Emergencies

1. Production and business establishments have the responsibility to develop plans, measures, and prepare material and technical facilities to respond to environmental emergencies and mitigate consequences caused by such emergencies.

2. In case of an environmental emergency, the production and business establishment must report directly about the environmental emergency and remedial measures to the state management authority on environmental protection, while simultaneously reporting to the Department of Industry and Trade at the locality where the emergency occurred and the superior managing unit for consolidation and reporting to the Ministry of Industry and Trade.

3. For mining and processing establishments that have tailings storage facilities, they must develop and approve operation plans, preventive plans, and emergency response plans for tailings storage facilities to be submitted to the Department of Industry and Trade and the Department of Natural Resources and Environment for monitoring and supervision.

4. The environmental management authority within the Industry and Trade sector has the responsibility:

a) To investigate, compile statistics, and assess risks of various types of environmental emergencies within the Industry and Trade sector;

b) To build capacity for prevention, warning of risks, and responding to environmental emergencies within the Industry and Trade sector;

c) To develop annual and periodic five-year plans for preventing and responding to environmental emergencies within the Industry and Trade sector.

Chapter V

ENVIRONMENTAL PROTECTION INSPECTION AND REPORTING

Article 14. Inspection of Environmental Protection Activities

1. Annually, the environmental management authority within the Industry and Trade sector has the responsibility to develop inspection plans and organize their implementation. The content of environmental protection inspections includes checking compliance with environmental protection laws and the fulfillment of commitments in environmental management plans.

2. Regular inspections according to the plan must be notified in writing seven working days in advance. In cases of urgency, when there are signs of violations of environmental protection regulations or complaints, inspections do not need to be notified in writing in advance.

3. For production and business establishments

a) Must self-inspect compliance with environmental protection laws at the establishment and its commitments;

b) Shall comply with inspection decisions, strictly implement conclusions of the inspection team, and bear legal responsibility for acts violating environmental protection laws.

Article 15. Reporting on Environmental Activities

1. Environmental reports of production and business establishments

a) Environmental reports are conducted annually once;

b) Groups, Corporations, and enterprises under the Ministry of Industry and Trade have the responsibility to report on environmental activities in accordance with Circular No. 22/2013/TT-BCT dated October 14, 2013 of the Ministry of Industry and Trade on the Declaration, Management, and Utilization of Industrial Environmental Data;

c) Production and business establishments under the Industry and Trade sector not falling under Point b Clause 1 Article 15 of this Circular have the responsibility to report to the Department of Industry and Trade before March 31 of the following year of the reporting year in accordance with Appendix 3 attached to this Circular for consolidation and reporting to the Ministry of Industry and Trade;

d) In urgent cases, the Ministry of Industry and Trade requests units to submit reports or provide information in writing.

2. Industry and Trade Sector Environmental Reports

The Bureau of Industrial Safety and Environmental Technology prepares annual environmental situation reports and five-year consolidated reports according to the sectors managed by the Ministry of Industry and Trade in accordance with regulations and submits them to the Ministry of Natural Resources and Environment.

Chapter VI

IMPLEMENTING PROVISIONS

Article 16. Responsibilities of agencies under the Ministry of Industry and Trade

1. The General Department of Safety and Environmental Technology is the environmental management agency of the Ministry of Industry and Trade and has the responsibility to:

a) Organize the review of EIA reports and ESD reports within the authority of the Minister of Industry and Trade for approval. Inspect and supervise the implementation of environmental protection requirements in EIA and ESD reports;

b) Statistic environmental indicators of the industry sector; establish and manage the environmental database system of the industry sector;

c) Urge and inspect the implementation of pollution control measures by serious polluting facilities in the industry sector;

d) Serve as the focal point for preventive work, response to environmental incidents, remediation of environmental damage, and environmental restoration in the industry sector;

đ) Direct, guide, inspect, compile, and report on environmental protection activities in the industry sector according to the provisions of the law and this Circular;

2. The Planning Department shall be responsible for compiling and submitting to the Ministry's leadership for approval the list of strategies, plans, and development programs that must prepare EIA reports according to the provisions of this Circular;

3. Units assigned to lead the development of strategies, plans, programs, projects, and proposals shall cooperate with the General Department of Safety and Environmental Technology and relevant agencies during the process of drafting, reviewing, and submitting EIA and ESD reports for approval.

Article 17. Responsibilities of Provincial Departments of Industry and Trade

1. Lead the inspection process according to the directives of the provincial People's Committee or coordinate with the Ministry of Industry and Trade's environmental management agency to inspect the implementation of environmental protection laws and regulations according to the law and this Circular;

2. Compile and build the environmental report of the industry sector at the local level to be submitted to the Ministry of Industry and Trade according to Appendix 4 issued with this Circular, before April 30 of the following year of the reporting year.

Article 18. Responsibilities of production and business establishments

1. Comply with environmental protection laws, inspection and supervision systems, violation handling procedures, and environmental protection reporting requirements according to the law and this Circular;

2. Develop environmental management plans and disseminate them to staff members of the establishment, organize summaries and evaluations of environmental protection activities at the establishment;

3. In addition to the above provisions, State-owned Enterprise Groups and Corporation Companies under the Ministry of Industry and Trade also have the responsibility to:

a) Establish environmental protection regulations applicable to the Group or Corporation and guide member units to prepare environmental activity reports according to this Circular;

b) Consider establishing an environmental management department or appointing dedicated staff to assist unit leaders in managing environmental protection activities.

Article 19. Implementation Provisions

Article 19. Effective date of this Circular

1. This Circular takes effect from December 10, 2015.

2. Decision No. 52/2008/QĐ-BCT dated December 30, 2008, promulgating the Interim Regulations on Environmental Protection in the Industry Sector by the Minister of Industry and Trade shall cease to be effective from the date this Circular comes into force.

3. In case there are changes, supplements, or replacements to the legal documents or standards cited in this document, they shall be implemented according to the new document.