Circular No. 36/2011/TT-BCT stipulates the management of tasks and environmental protection projects in the industry and trade sector.

CIRCULAR

Regulations on managing tasks and environmental protection projects in the Industry and Trade sector

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 44/2011/NĐ-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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 the Law on State Budget dated December 16, 2002;

Pursuant to Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government stipulating the organization and specialized departments for environmental protection at state agencies and state-owned enterprises;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

The Minister of Industry and Trade hereby stipulates regulations on managing tasks and environmental protection projects in the Industry and Trade sector as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular provides for the preparation of plans; organization of implementation; acceptance of results and financial settlement of tasks and environmental protection projects in the Industry and Trade sector.

2. This Circular applies to organizations participating in management; implementing tasks and environmental protection projects in the Industry and Trade sector.

Article 2. Explanation of terms

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1. Environmental protection tasks and projects in the Industry and Trade sector: are tasks and projects using funds from environmental public services managed by the Ministry of Industry and Trade, established with specific contents such as name, objectives, content, expected products, budget, and time frame (hereinafter referred to collectively as environmental tasks).

2. Environmental protection plan: is a collection of environmental tasks aimed at addressing one or more issues related to environmental protection work in the Industry and Trade sector within a specified period.

3. Commissioned task: is an environmental task proposed and selected by the Ministry of Industry and Trade for the main executing agency.

4. Environmental task dossier: includes documents such as the outline description of the environmental task, contracts, and other documents prepared according to prescribed forms.

5. At the ministry level: is an organization having legal personality and capacity assigned or commissioned by the Ministry of Industry and Trade to implement environmental tasks.

Article 3. Environmental Tasks

Environmental tasks must originate from practical requirements of environmental protection work under the responsibility of the Ministry of Industry and Trade and be consistent with Joint Circular No. 45/2010/TTLT-BTC-BTNMT dated March 30, 2010 of the Ministry of Finance and the Ministry of Natural Resources and Environment guiding the management of environmental public service funds, including the following contents:

1. Implementing environmental protection programs, projects, and plans assigned by the Government, Prime Minister, and competent authorities to the Ministry of Industry and Trade.

2. Establishing and maintaining information systems and databases on the environment in the Industry and Trade sector.

3. Proposing mechanisms and policies for environmental protection that meet the management requirements of the Industry and Trade sector.

4. Developing technical standards, norms, and procedures for environmental protection concerning specific production processes and emissions in industrial sectors.

5. Developing environmental standards and norms for products to ensure environmental protection requirements both domestically and in international economic integration.

6. Preparing technical guides, economic and technical norms to serve waste management and environmental management in industries and fields under the Ministry of Industry and Trade's jurisdiction.

7. Supporting enterprises in the Industry and Trade sector to develop environmental management models (according to ISO 14001 standard) and programs to obtain certification as environmentally friendly enterprises and products.

8. Developing environmental protection plans for industries and fields under the Ministry of Industry and Trade's jurisdiction.

9. Implementing environmental monitoring programs, preparing reports on the environmental impact situation of the Industry and Trade sector, periodic and ad hoc specialized environmental reports.

10. Conducting technical reviews of strategic environmental assessment reports and environmental impact assessment reports within the Ministry of Industry and Trade's authority.

11. Conducting inspections to ensure compliance with environmental protection laws by enterprises in the Industry and Trade sector.

12. Promoting, disseminating, and educating about environmental laws; training specialized skills in environmental protection.

13. Activities of Steering Committees, Management Boards, and Permanent Offices for environmental protection decided by competent authorities; counterpart funds for international cooperation projects on environmental protection (if any); and other activities related to environmental protection tasks approved by the Minister of Industry and Trade.

Chapter II

SPECIFIC PROVISIONS

Section I

Develop plan

Article 4. Construction of the Environmental Task List

1. The construction of the environmental task list must be completed before May 15 of the year preceding the planning year.

2. Each year in January, based on management requirements, strategies, programs, and national and sectoral environmental protection plans, the Ministry of Industry and Trade shall issue guidelines for units to develop their environmental protection plans for the following year.

For commissioned tasks, the Ministry of Industry and Trade will announce on its website, the Industrial Safety and Environmental Technology Department's website, and the Vietnam Industry News to select the leading agency to implement the tasks.

3. Based on the submitted Environmental Task Proposal Form and the Application Form for Selection of Commissioned Tasks, the Ministry of Industry and Trade will review the preliminary content, expected products, and compile the Environmental Task List.

Article 5. Environmental Task Proposal Form and Application Form for Selection of Commissioned Tasks

1. The Environmental Task Proposal Form and the Application Form for Selection of Commissioned Tasks shall be prepared according to the templates specified in Appendix 1 and Appendix 2 and submitted to the Ministry of Industry and Trade (Industrial Safety and Environmental Technology Department) before April 15 of the year preceding the planning year.

2. These forms must be sent via postal service or directly delivered to the Industrial Safety and Environmental Technology Department within the prescribed deadline. In case of postal submission, the date of receipt noted on the "received" stamp of the Industrial Safety and Environmental Technology Department shall serve as the proof of submission date.

3. The Application Form for Selection of Commissioned Tasks includes: one (01) original set and eight (08) copies (photocopies) of the original set (bearing the seal of the organization and signature of the individual as stipulated on each form), packaged in sealed envelopes with the following information clearly marked on the outside:

a) Name of the environmental task being applied for selection;

b) Name, address, and telephone number of the registering leading agency and participating organizations (only list organizations confirmed to participate);

c) List of documents and texts included in the application.

Article 6. Review of Environmental Tasks

1. Based on the compiled Environmental Task List, the Ministry of Industry and Trade shall establish a Review Committee to examine the outline and budget estimates of environmental tasks.

The Review Committee shall consist of at least seven members, including: the Chairperson, representatives from financial agencies, environmental experts, and specialists from related fields.

2. Conducting reviews:

a) For task proposal forms: The Review Committee will evaluate through comments and observations on the suitability and urgency of the proposed content to be included in the Ministry of Industry and Trade’s environmental protection plan for the planning year;

b) For application forms for selection: The Committee will assess through scoring according to the evaluation criteria groups and point scale specified in Appendix 3 issued along with this Circular. Environmental task application forms for selection will be ranked from highest to lowest based on the total score according to the following conditions:

- Forms with an average score of all criteria reaching 70 out of 100 points or higher, where the average score of each criterion group does not fall below 50% of the total points of that group;

- In cases where the total scores are equal, the higher score given by the Chairperson (or Deputy Chairperson if the Chairperson is absent) will be prioritized for ranking; if the scores of the Chairperson or Deputy Chairperson (in the absence of the Chairperson) for different forms are also the same, the Committee will propose on-site selection options.

The agency with the highest-ranked application form will be recommended by the Committee to the Ministry of Industry and Trade to be selected as the leading agency to implement the environmental task.

3. Based on the assessment results of the Committee, the Ministry of Industry and Trade will compile the environmental protection plan to submit to relevant ministries and sectors for consideration. The compilation of the plan must be completed before July 10 of the year preceding the planning year.

Section 2

Implementation of the plan

Article 7. Assignment of tasks and budget estimates

1. Based on the opinions of the Ministry of Natural Resources and Environment and the Ministry of Finance, the Ministry of Industry and Trade shall review and approve the Decision on assigning environmental tasks for the planning year. The approval shall be carried out in December of the preceding year to the planning year.

2. Based on the Decision of the Minister of Finance regarding the assignment of revenue and expenditure budgets from environmental public services for the Ministry of Industry and Trade for the planning year; based on the Decision of the Minister of Industry and Trade assigning environmental tasks for the planning year, the Department of Finance shall submit to the leadership of the Ministry for approval and assignment of the environmental public service expenditure budget to units for implementation in accordance with the laws on state budget.

Article 8. Approval of project descriptions and signing of contracts

1. Based on the Decision of the Minister of Industry and Trade assigning environmental tasks, the General Department of Safety and Environmental Technology will transfer the List of environmental tasks to be implemented in the planning year for publication on the Ministry's electronic information website, and publish on the website of the General Department of Safety and Environmental Technology, and proceed to approve the project description and sign the contract to implement the task.

2. Environmental tasks included in the annual environmental protection plan but not yet allocated funds shall be retained and given priority for implementation in the following planning year.

Article 9. Mid-term reporting and inspection of environmental task implementation

1. Based on the progress of implementation according to the Contract for implementing environmental tasks, the leading agency responsible for implementation shall have the responsibility to send reports on the implementation of environmental tasks to the General Department of Safety and Environmental Technology according to the model prescribed in Appendix 4 issued together with this Circular.

2. Based on the results of the report, the General Department of Safety and Environmental Technology shall organize inspections and evaluations of the implementation of environmental tasks. In necessary cases, the General Department of Safety and Environmental Technology shall organize surprise inspections and evaluations.

3. For tasks lasting two years or more, after completing one year of implementation, the leading agency shall have the responsibility to prepare an end-of-year report to submit to the General Department of Safety and Environmental Technology for evaluation, acceptance of the volume of work completed and as the basis for settlement of implementation costs for the year.

Section 3

Acceptance and submission of results

Article 10. Acceptance of Results

1. When completed, environmental tasks must be accepted and evaluated at the local-level Acceptance Committee, and the Ministry-level Acceptance Committee.

2. The local-level Acceptance Committee shall be established by the Head of the leading agency, consisting of a minimum of seven members representing the leadership of the leading agency and experts in related fields.

3. The Ministry-level Acceptance Committee shall be established by the Ministry of Industry and Trade, consisting of a minimum of seven members representing relevant agencies and experienced experts with appropriate professional qualifications corresponding to the content and nature of the environmental task.

Article 11. Organizational Acceptance at the Basic Level

1. The evaluation of the results at the local level shall be conducted after the leading agency receives the request for acceptance from the task leader.

2. The local-level Acceptance Committee shall examine and evaluate the content, quantity of products; methods of implementation, degree of completion of the report and products compared to the approved project description and make specific conclusions about issues that need to be corrected and supplemented.

3. The local-level Acceptance Committee shall evaluate the results of the implementation of environmental tasks at one of two levels: "Pass" or "Fail".

4. An environmental task evaluated as "Pass" at the local level is one that receives at least 2/3 votes from present committee members rating it "Pass" and serves as the basis for evaluating the Ministry-level Acceptance.

5. An environmental task evaluated as "Fail" at the local level shall be in the following cases:

a) Less than 2/3 of the present committee members vote "Pass";

b) No practical value, duplicate results;

c) Provided documents and data are not truthful;

d) Unauthorized modification of objectives and content of implementation;

6. Based on the conclusion of the local-level Acceptance Committee, within fifteen days from the date of the meeting, the task leader shall have the responsibility to complete the product documentation of the environmental task and submit it to the leading agency.

Article 12. Organizing the Ministry-level Acceptance

1. The evaluation of the results at the Ministry level shall be conducted after the management agency receives the acceptance proposal document from the leading agency accompanied by all products of the environmental task.

2. The Ministry-level Acceptance Council shall convene only when at least two-thirds of its members are present, including at least one opposing member.

3. The Ministry-level Acceptance Council evaluates the results of the environmental task through voting, with two levels: "Pass" or "Fail". The environmental task will be evaluated as "Fail" if fewer than two-thirds of the present members vote for "Pass".

Article 13. Submission of Products and Management of Files

1. Based on the conclusion of the Ministry-level Acceptance Council, within thirty days from the date of the Council meeting, the leading agency is responsible for completing the product file of the environmental task to submit to the Industrial Safety and Environmental Technology Department: one hard copy and one soft copy on a CD; product images (if any); one summary report of the completed environmental task for publication on the communication channels of the Ministry of Industry and Trade.

2. The Industrial Safety and Environmental Technology Department, the agency implementing the task, is responsible for managing all files and documents and organizing the dissemination and application of the results of the environmental task in practice.

Section 4

Liquidation of Contracts and Final Settlement of Funds

Article 14. Liquidation of Environmental Task Contracts

Based on the Acceptance Minutes of the Results of the Task, the Industrial Safety and Environmental Technology Department shall carry out the liquidation of the signed environmental task contracts with the leading agency within ten days from the date of receiving all products of the environmental task.

Article 15. Final accounting

1. The Financial Department shall take the lead and coordinate with the Industrial Safety and Environmental Technology Department to check and settle the environmental public funds. For units implementing tasks not under the direct budgetary units of the Ministry (units spending through the account of the Department), the Industrial Safety and Environmental Technology Department shall compile them into the Department's final settlement report to be submitted to the Ministry of Industry and Trade for review and approval according to the State Budget Law.

2. In cases where there is remaining budgeted funding for the implementation of environmental tasks that has not been used or temporarily borrowed funds that have not met the conditions for final settlement by December 31, the leading agency must provide a detailed explanation of the reasons and request to transfer the unused funds to the next year, to be sent to the Industrial Safety and Environmental Technology Department before January 31 of the following year (with confirmation from the State Treasury where the unit conducts transactions) to be submitted to the Ministry of Industry and Trade to request the Ministry of Finance to consider transferring the unused funds to the next year according to the prescribed regulations.

3. For multi-year environmental tasks, within thirty days from the date of acceptance by the Ministry-level Council, the leading agency is responsible for preparing the final settlement report of the funds used in the year and the comprehensive report of all funds spent on the task.

Chapter III

IMPLEMENTING PROVISIONS

Article 16. Implementation Provisions

1. This Circular takes effect from November 16, 2011.

2. The Head of the Ministry’s Office, the Director of the Industrial Safety and Environmental Technology Department, the Director of the Financial Department, and the Heads of relevant agencies and units shall be responsible for implementing this Circular based on their assigned functions and tasks.

3. In case of any difficulties during implementation, agencies and units shall promptly reflect such issues in writing to the Ministry of Industry and Trade for consideration and resolution./.