Circular No. 35/2015/TT-BTNMT on Environmental Protection in Economic Zones, Industrial Parks, Export Processing Zones, and High-Tech Zones

CIRCULAR

Regarding environmental protection in economic zones, industrial parks, export processing zones, and high-tech zones,°

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On the basis of Decision No. 130/2007/QĐ-TTg dated August 2, 2007, issued by the Prime Minister, concerning some mechanisms and financial policies for investment projects under the Clean Development Mechanism;

Pursuant to Decree No. 99/2003/NĐ-CP dated August 28, 2003 of the Government on the regulations for high-tech zones;

Pursuant to Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial parks, export processing zones, and economic zones; and Decree No. 164/2013/NĐ-CP dated November 12, 2013 of the Government amending and supplementing certain articles of Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial parks, export processing zones, and economic zones;

Pursuant to the Government Decree No. 80/2014/NĐ-CP dated August 6, 2014 on Drainage and Wastewater Treatment;

Pursuant to Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste management;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Upon the proposal of the Director General of the Department of Environment and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular on environmental protection in economic zones, industrial parks, export processing zones, and high-tech zones.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed provisions for Article 65 and Article 66 of the Environmental Protection Law 2014; Point e Clause 1 and Point e Clause 2 Article 7, Point c Clause 1 Article 11, Clause 1 and Clause 3 Article 29, Clause 1 Article 34 of Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial parks, export processing zones, and economic zones (hereinafter referred to as Decree No. 29/2008/NĐ-CP); and the environmental protection regulations for economic zones, industrial parks, export processing zones, and high-tech zones stipulated in 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 material (hereinafter referred to as Decree No. 38/2015/NĐ-CP).

Article 2. Applicability

This Circular applies to state administrative agencies; organizations and individuals, both domestic and foreign, related to environmental protection activities within economic zones, industrial parks, export processing zones, and high-tech zones (hereinafter collectively referred to as industrial zones).

Chapter II

ENVIRONMENTAL PROTECTION IN ECONOMIC ZONES

Article 3. Assessment of the ability to meet environmental protection conditions when establishing or expanding economic zones

1. The agency proposing the establishment or expansion of an economic zone shall be responsible for assessing the ability to meet environmental protection conditions of the economic zone. The contents and results of the assessment must be fully reflected in the establishment and expansion dossier.

2. The content of the assessment of the ability to meet environmental protection conditions is specified in Appendix 1 attached to this Circular.

Article 4. Review of the ability to meet environmental protection conditions when establishing or expanding economic zones

1. Within twenty (20) working days from the date of receipt of the request for review of the establishment and expansion dossier of the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment shall organize the review of the ability to meet environmental protection conditions, and send a notification of the review results to the Ministry of Planning and Investment and relevant agencies for consideration and decision on the establishment and expansion of the economic zone.

2. Forms of review:

a) Verification and evaluation of information, data, analysis, and assessment results;

b) Survey of the current environmental status of the area proposed for establishment and expansion of the economic zone. In necessary cases, measurement and sampling for verification analysis shall be carried out;

c) Solicit opinions from relevant organizations and individuals.

Article 5. Technical infrastructure works for environmental protection in economic zones

1. The agency proposing the establishment or expansion of an economic zone shall be responsible for planning, constructing, and operating technical infrastructure works for environmental protection in the economic zone in accordance with Clause 2 of this Article and notify the Ministry of Natural Resources and Environment in writing for monitoring and inspection in accordance with regulations.

2. Technical infrastructure works for environmental protection in economic zones include:

a) Solid waste collection, storage, and treatment system;

b) Rainwater collection and drainage system; wastewater collection, drainage, and treatment system;

c) Network of environmental quality monitoring stations;

d) Green space planning;

đ) Other technical infrastructure works for environmental protection.

Article 6. Environmental Protection when Adjusting Planning in Economic Zones

1. When there is an adjustment to planning in economic zones, if necessary, the competent authority shall seek the opinion of the Ministry of Natural Resources and Environment on the ability to meet environmental protection conditions in the economic zone.

2. The content of assessing the ability to meet environmental protection conditions when adjusting planning in economic zones is specified in Appendix 2 issued together with this Circular.

3. Within twenty (20) working days from the date of receipt of the request document, the Ministry of Natural Resources and Environment shall organize a review and provide an opinion in writing to the competent authority deciding on the adjustment of planning in the economic zone. If necessary, the Ministry of Natural Resources and Environment shall organize an actual assessment and seek opinions from relevant organizations and individuals.

Chapter III

ENVIRONMENTAL PROTECTION IN INDUSTRIAL ZONES

Article 7. Requirements for Environmental Protection in Establishing Planning for Industrial Zones

1. Planning for functional areas within industrial zones must ensure a reduction in the impact of production types causing pollution on other production types; facilitate preventive and emergency response work for environmental incidents.

2. Projects within industrial zones must have safe environmental distances according to national technical standards for infrastructure works to minimize the possibility of affecting other facilities within the industrial zone and surrounding socio-economic entities.

3. Environmental protection infrastructure must be arranged appropriately with investment types within the industrial zone, ensuring a reduction in negative impacts on the surrounding environment.

4. The area of green space within the scope of the industrial zone must account for at least ten percent (10%) of the total area of the entire industrial zone.

Article 8. Investment in Building Environmental Protection Infrastructure for Industrial Zones

1. Environmental protection infrastructure for industrial zones includes: stormwater drainage systems, centralized wastewater treatment systems (including wastewater collection systems, centralized wastewater treatment plants, effluent discharge systems), solid waste storage areas (if any), automatic wastewater monitoring systems, and other environmental protection infrastructure works. Environmental protection infrastructure for industrial zones must be designed in a coordinated manner and comply with construction technical regulations and environmental technical regulations related thereto.

2. Stormwater drainage systems within industrial zones must meet the following requirements:

a) Separate the wastewater collection and discharge system from the stormwater drainage system;

b) The wastewater collection and discharge system must have appropriate positions and manhole depths to connect with the discharge points of the facilities and ensure the drainage capacity of the industrial zone; the wastewater connection point must be located on the collection line of the industrial zone's drainage system and placed outside the land portion of the facilities;

c) The discharge point of the centralized wastewater treatment plant in the industrial zone at the receiving source must be located outside the industrial zone fence, marked with signs, having a minimum work platform area of one (01) square meter and a pathway for easy inspection and control of discharges.² 3. Centralized wastewater treatment plants in industrial zones must meet the following requirements:

a) Can be divided into multiple units (modules) suitable for the filling progress and operation of the industrial zone but must ensure the treatment of all generated wastewater to meet environmental technical standards; have flow meters at the inlet; have independent electricity meters; encourage the application of environmentally friendly technologies and energy-saving technologies;

b) Have an automatic continuous monitoring system for parameters such as flow rate of discharged water, pH, temperature, COD, TSS, and other characteristic parameters in the industrial zone's wastewater before discharge into the receiving source according to the requirements of the decision approving the environmental impact assessment report. The automatic monitoring system must meet technical requirements for automatic and continuous data transmission to the local Department of Natural Resources and Environment.

4. The construction of drainage systems, centralized wastewater treatment systems, and stormwater drainage systems of industrial zones must be completed before the industrial zone commences operations.

4. The construction of the drainage system, centralized wastewater treatment system, and stormwater drainage system of the industrial zone must be completed before the industrial zone commences operations.

Article 9. Management of industrial zone wastewater

1. Wastewater from production, business, and service establishments within the industrial zone:

a) Wastewater must be treated according to the conditions stipulated in the agreement with the developer and infrastructure operator of the industrial zone before being connected to the industrial zone's collection system for further treatment at the centralized wastewater treatment plant to ensure compliance with environmental technical standards before discharge into receiving water bodies, except in cases provided for in Clause 4 of this Article;

b) Wastewater from production, business, and service establishments within the industrial zone transferred to a competent unit for treatment must have a wastewater treatment contract with the competent unit in accordance with current regulations.

2. The collection network and stormwater drainage system must be regularly maintained and serviced periodically to ensure continuous operational condition.

3. Management and operation of centralized wastewater treatment plants:

a) Each individual unit (module) or centralized wastewater treatment plant must operate continuously according to the approved technological process, ensuring complete treatment of all wastewater to meet environmental technical standards; there must be a fully recorded and retained operational logbook for inspection and supervision purposes. The operational logbook must include the following contents: volume of wastewater, electricity consumption, chemicals used, sludge volume;

b) Flow measurement devices at the inlet and automatic monitoring equipment must maintain 24/7 operation and automatically transmit data continuously to the local Department of Natural Resources and Environment;

c) There must be at least three (03) personnel managing and operating the centralized wastewater treatment plant, including staff responsible who must have a college degree or higher in environmental technology, chemical engineering, biological engineering, electrical engineering, or water supply and drainage engineering.

4. Cases exempted from connection:

a) Production, business, and service establishments that have measures to treat wastewater to meet environmental technical standards as prescribed, while connecting to the industrial zone's collection and centralized treatment system would create unreasonable costs for the establishment;

b) Production, business, and service establishments generating wastewater exceeding the capacity of the industrial zone's centralized treatment system, while the establishment has measures to treat wastewater to meet environmental technical standards;

c) Production, business, and service establishments within the industrial zone where the industrial zone does not yet have a centralized treatment system, while the establishment has measures to treat wastewater to meet environmental technical standards.

5. For cases specified in Point a and Point b of Clause 4 of this Article, the establishment owner must reach an agreement with the developer and infrastructure operator of the industrial zone on a separation solution for self-treatment of wastewater and submit a report as prescribed in Clause 7 of Article 16 of Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government on environmental planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans (hereinafter referred to as Decree No. 18/2015/ND-CP). The report includes:

a) A request document and a report on the separation solution for self-treatment of wastewater of the establishment within the industrial zone according to the form prescribed in Appendix 3 attached hereto (accompanied by the latest periodic wastewater monitoring results);

b) An agreement record on separation and disconnection with the developer and infrastructure operator of the industrial zone.

6. Dilution of wastewater before the discharge point specified in Point c of Clause 2 of Article 8 of this Circular is prohibited.

Article 10. Management of Emissions and Noise in Industrial Zones

1. Production, business, and service establishments in industrial zones that generate emissions and noise must invest in and install emission treatment systems to ensure compliance with environmental technical standards and reduce noise levels.

2. Production, business, and service establishments in industrial zones that generate emissions listed in the Catalogue prescribed in the Appendix accompanying Decree No. 38/2015/NĐ-CP must register as emission sources, implement automatic and continuous emission monitoring, and transmit data to the local Department of Natural Resources and Environment.

3. Encouragement is given to the application of environmentally friendly production technologies and energy conservation, particularly for industries with a high risk of emitting large amounts of air pollutants.

Article 11. Management of General Solid Waste and Hazardous Waste Generated in Industrial Zones

1. Production, business, and service establishments in industrial zones must classify general solid waste, medical waste, and hazardous waste; self-treat or sign contracts for collection and treatment with units meeting the conditions stipulated by law.

2. Sludge from centralized wastewater treatment plants, drainage systems of industrial zones, and establishments within these zones must be collected, transported, treated, or reused according to the laws on sludge management.

Article 12. Prevention, Response, and Remediation of Environmental Incidents in Industrial Zones

1. The environmental management and monitoring program of industrial zones must include a plan for preventing, responding to, and remedying environmental incidents, including the following main contents:

a) Identification and assessment of the risks of environmental incidents occurring during the operation of industrial zones, situations for each type of risk that may lead to environmental incidents;

b) Preventive measures for each environmental incident; measures to eliminate the causes of environmental incidents;

c) Arrangement plans for on-site forces to ensure readiness to respond and remedy each situation of environmental incidents; training plans for prevention, response, and remediation of environmental incidents;

d) Installation, inspection, and ensuring necessary equipment, tools, and means for responding to environmental incidents;

đ) Implementation mechanisms, notification and alarm methods, and mobilization of human resources and equipment inside and outside the industrial zone according to the level of environmental incidents; coordination mechanisms between organizations and individuals involved in the area during the response to environmental incidents;

e) Remediation solutions for environmental pollution when environmental incidents occur;

g) Mobilization plans for financial resources for implementing the prevention, response, and remediation plan of environmental incidents.

2. Investors responsible for constructing and operating infrastructure in industrial zones have the responsibility to develop and implement the prevention, response, and remediation plan of environmental incidents as prescribed in Clause 1 of this Article.

Article 13. Protection of the Environment When There Are Adjustments in Scale, Planning, or Activities in Industrial Zones

1. During the construction and operation of industrial zones, when there are adjustments in scale, planning, technical infrastructure, or industry categories but not to the extent requiring a new environmental impact assessment report, investors responsible for constructing and operating infrastructure must submit a report as prescribed in Clause 7 of Article 16 of Decree No. 18/2015/NĐ-CP. The report format is specified in Appendix 4 issued together with this Circular.

2. Within twenty (20) working days from receiving the report, the competent authority shall examine and notify the result to the investor responsible for constructing and operating infrastructure in the industrial zone. If necessary, the competent authority may organize on-site inspections, seek expert opinions, and consult relevant agencies to make decisions.

Chapter IV

ENVIRONMENTAL PROTECTION RESPONSIBILITIES OF ECONOMIC ZONES, INDUSTRIAL ZONES

Article 14. Responsibilities of the Management Board of Economic Zones and Industrial Parks

1. Establish a specialized department for environmental protection to organize the implementation of environmental protection work in economic zones and industrial parks in accordance with the provisions of the law. The person holding the position responsible for the specialized department for environmental protection must meet the following conditions:

a) Possess a bachelor's degree or higher in environmental management; environmental science, technology, and engineering; chemistry; biology;

b) Have at least three (03) years of experience working in the field of environment.

2. Develop regulations on coordination for environmental protection in economic zones and industrial parks between the Management Board of Economic Zones and Industrial Parks and the Department of Natural Resources and Environment, People's Committee of districts, cities, and provincial towns under the province (hereinafter referred to collectively as the Provincial People's Committee) for approval by the Provincial People's Committee.

3. Guide, inspect investors in constructing and operating infrastructure in industrial parks, production, business, and service establishments within economic zones and industrial parks under their jurisdiction to comply with environmental protection regulations; identify and promptly report to competent state management agencies to resolve and handle violations of environmental protection laws; mobilize forces to respond and mitigate environmental incidents in economic zones and industrial parks.

4. Regularly report on environmental protection work in economic zones and industrial parks to the Provincial People's Committee and the Ministry of Natural Resources and Environment before January 15 each year. The report format is specified in Appendix 5 issued together with this Circular.

5. Publicize information on environmental protection in economic zones and industrial parks; disseminate and popularize legal documents on environmental protection for investors in constructing and operating infrastructure in industrial parks, production, business, and service establishments within economic zones and industrial parks.

6. Coordinate with functional agencies to resolve disputes over the environment among production, business, and service establishments within economic zones and industrial parks or with organizations and individuals outside the scope of economic zones and industrial parks.

7. Coordinate inspections, audits, and handling of violations related to environmental protection concerning activities of investors in constructing and operating infrastructure in industrial parks and production, business, and service establishments within economic zones and industrial parks.

8. Implement other management and environmental protection contents in economic zones and industrial parks according to assigned functions and tasks or delegated authority.

Article 15. Responsibilities of Investors in Constructing and Operating Infrastructure in Industrial Parks

1. Have a specialized department for environmental protection meeting the following conditions:

a) At least three (03) people;

b) The person responsible for environmental protection must have a bachelor's degree or higher in environmental management; environmental science, technology, and engineering; chemistry; biology, and have at least two (02) years of experience working in environmental fields.

2. Operate technical infrastructure for environmental protection in industrial parks continuously and ensure the green space area in industrial parks as stipulated in Clause 4, Article 7 of this Circular.

3. Implement the environmental monitoring program in industrial parks in accordance with the provisions of the law.

4. Summarize and report the results of environmental monitoring and environmental protection work in industrial parks, production, business, and service establishments within industrial parks to the Management Board of Economic Zones and Industrial Parks and the Department of Natural Resources and Environment before December 31 each year. The report format is specified in Appendix 6 issued together with this Circular.

Article 16. Responsibilities of the project owner and the production, business, and service facility owners within industrial zones

1. The project owner and the production, business, and service facility owners within industrial zones shall unify and sign an agreement document on wastewater connection conditions with the infrastructure construction and operation investor of the industrial zone; connect the facility's wastewater to the centralized wastewater treatment plant's collection system under the supervision of the infrastructure construction and operation investor of the industrial zone, except for cases specified in Point b Clause 1 and Clause 4 of Article 9 of this Circular.

2. Facilities specified in Clause 4 of Article 9 of this Circular must have a wastewater treatment system ensuring compliance with environmental technical standards, organize wastewater monitoring, and declare and pay environmental protection fees for wastewater according to the provisions of the law.

3. Implement the environmental monitoring program, report as prescribed by law, and notify the results of monitoring to the infrastructure construction and operation investor of the industrial zone.

4. Fulfill other environmental protection responsibilities as prescribed by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Effective Date

1. This Circular takes effect from August 17, 2015.

2. Circular No. 08/2009/TT-BTNMT dated July 15, 2009, issued by the Minister of Natural Resources and Environment on management and protection of the environment in economic zones, high-tech zones, industrial zones, and industrial clusters, and Circular No. 48/2011/TT-BTNMT dated December 28, 2011, issued by the Minister of Natural Resources and Environment amending and supplementing certain articles of Circular No. 08/2009/TT-BTNMT cease to be effective from the date this Circular takes effect.

Article 18. Responsibility for Implementation

1. The General Department of Environment shall guide, inspect the implementation of this Circular, periodically report on environmental protection work in economic zones and industrial zones to the Ministry of Natural Resources and Environment for reporting to the Prime Minister.

2. Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels, Departments of Natural Resources and Environment, Management Boards of economic zones and industrial zones, and related organizations and individuals are responsible for implementing this Circular.

3. The implementation of state management work on environmental protection for economic zones and industrial zones as stipulated in this Circular shall be allocated funds from the environmental public service budget and other sources as prescribed by 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./.