Circular No. 42/2013/TT-BTNMT provides detailed regulations on the examination of conditions for environmental monitoring service activities and sample certificates, applicable to organizations operating in this field within the territory of Vietnam.

CIRCULAR

Detailed regulations on the examination of conditions for environmental monitoring service activities

and sample certificate

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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. 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;

Pursuant to Decree No. 27/2013/NĐ-CP dated March 29, 2013 of the Government stipulating the conditions for organizations conducting environmental monitoring services;

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 promulgates this Circular detailing the examination of conditions for environmental monitoring service activities and the sample certificate.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the examination of conditions for environmental monitoring service activities and the sample certificate of qualification for environmental monitoring service activities.

Article 2. Applicability

This Circular applies to environmental management agencies, organizations engaged in environmental monitoring service activities (hereinafter referred to collectively as organizations) within the territory of the Socialist Republic of Vietnam.

Article 3. Examination Authority and Principles

1. Examination Authority:

The Environmental Protection Administration shall carry out the examination of conditions for environmental monitoring service activities, submit to the Minister of Natural Resources and Environment for consideration and decision on issuance, extension, amendment of content, reissuance, temporary suspension of effect, revocation, and cancellation of the Certificate of Qualification for Environmental Monitoring Service Activities.

a) The examination of conditions for environmental monitoring service activities for issuing, amending the content, extending, reissuing, temporarily suspending the effect, revoking, and canceling the Certificate of Satisfactory Conditions for Environmental Monitoring Service Activities shall be based on: the results of evaluation and review of the file; the results of actual assessment and inspection at the organization; and the conclusion of the Examination Committee on Conditions for Environmental Monitoring Service Activities (hereinafter referred to collectively as the Examination Committee) as stipulated in Article 7 of this Circular.

a) The examination of conditions for environmental monitoring service activities for issuance, amendment of content, extension, reissuance, temporary suspension of effect, revocation, and cancellation of the Certificate of Qualification for Environmental Monitoring Service Activities shall be based on: results of evaluation and review of the file; results of actual inspection at the organization; and conclusions of the Environmental Monitoring Service Activity Conditions Examination Board (hereinafter referred to collectively as the Examination Board).

b) In cases where the Director of the Environmental Protection Administration decides not to establish the Examination Board, the examination of conditions for environmental monitoring service activities for issuance, amendment of content, extension, reissuance, temporary suspension of effect, revocation, and cancellation of the Certificate of Qualification for Environmental Monitoring Service Activities shall be based on: results of evaluation and review of the file and results of actual inspection at the organization.

Organizations requesting certification of satisfactory conditions for environmental monitoring service activities submit applications in accordance with Clause 2 of Articles 11, 12, 13, and 14 of Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government to the Office for Receipt and Delivery of Results of Administrative Procedures of the Ministry of Natural Resources and Environment; pay the examination fee and licensing fees for issuance, extension, amendment of content, and reissuance of certificates of satisfactory conditions for environmental monitoring service activities in accordance with Clause 1 of Article 7 of Decree No. 127/2014/NĐ-CP dated December 31, 2014 of the Government to the examining authority.

1. Organizations requesting certification of qualification for environmental monitoring service activities shall submit the application dossier in accordance with Clause 2 of Articles 12, 13, 14, and 15 and the examination fee as stipulated in Clause 1 of Article 8 of Decree No. 27/2013/NĐ-CP dated March 29, 2013 of the Government on the conditions for organizations conducting environmental monitoring services (hereinafter referred to as Decree No. 27/2013/NĐ-CP dated March 29, 2013 of the Government) to the Environmental Protection Administration (hereinafter referred to as the EPA).

2. The EPA shall be responsible for reviewing the completeness and validity of the dossier; issue a receipt for the dossier submitted by the organization requesting certification if the dossier is complete and valid according to the provisions; notify the organization to supplement the dossier if it is incomplete or invalid according to point b of Clause 3 of Articles 12, 13, 14 and points b, c of Article 15 of Decree No. 27/2013/NĐ-CP dated March 29, 2013 of the Government.

Article 5. Permanent Examination Agency

1. The EPA shall assign a subordinate unit with appropriate functions, tasks, and expertise to serve as the Permanent Examination Agency for environmental monitoring service activity conditions.

2. Tasks and activities of the Permanent Examination Agency:

a) Assist the Director of the EPA in reviewing, evaluating, and processing the dossier and related documents submitted by organizations requesting certification of qualification for environmental monitoring service activities;

b) Study and evaluate the dossier of organizations requesting certification of qualification for environmental monitoring service activities; organize the collection of opinions and comments on the dossier and prepare an evaluation report;

c) Propose the Director of the EPA to establish an Inspection Team to conduct actual inspections at organizations requesting certification of qualification for environmental monitoring service activities;

d) Propose the Director of the EPA to decide on the establishment of the Environmental Monitoring Service Activity Conditions Examination Board;

đ) Prepare, provide, and facilitate conditions for members of the Inspection Team and members of the Examination Board to study relevant files and materials for the examination of environmental monitoring service activity conditions;

e) Prepare necessary conditions for the Inspection Team to conduct actual inspections and evaluations at organizations and for the Examination Board to hold formal meetings;

g) Receive inspection and evaluation reports from the Inspection Team at organizations; examination results from the Examination Board and proceed with necessary procedures for the Director of the EPA to consider and submit to the Minister of Natural Resources and Environment for decisions on issuance, extension, amendment of content, reissuance, temporary suspension, revocation, and cancellation of the Certificate of Qualification for Environmental Monitoring Service Activities;

h) Organize meetings of the Permanent Examination Agency to review and evaluate dossiers; activities of the Inspection Team and Examination Board meetings;

i) Draft decisions on issuance, amendment of content, extension, and reissuance of the Certificate of Qualification for Environmental Monitoring Service Activities for competent authorities to consider and decide;

k) Draft notifications to organizations in cases where they are not issued, have their content amended, extended, or reissued the Certificate of Qualification for Environmental Monitoring Service Activities for competent authorities to consider and decide;

l) Retain files and documents regarding the process of examining the conditions of organizations conducting environmental monitoring service activities;

m) Monitor, compile, and report to competent authorities information about the activities of environmental monitoring service organizations that have been issued the Certificate of Qualification for Environmental Monitoring Service Activities;

n) Establish, publish, and continuously update a list of organizations qualified to conduct environmental monitoring service activities on the website of the Ministry of Natural Resources and Environment and the EPA;

o) Perform other tasks assigned by the EPA related to the examination, issuance, amendment of content, extension, reissuance, temporary suspension of effect, revocation, and cancellation of the Certificate of Qualification for Environmental Monitoring Service Activities.

Article 6. Model Certificate of Eligibility for Environmental Monitoring Service Activities

The model Certificate is specified in Model No. 1 of Appendix 1 issued together with this Circular.

Chapter II

APPRAISAL OF CONDITIONS FOR OPERATING ENVIRONMENTAL MONITORING SERVICES

Article 7. Procedure for Appraising Conditions for Operating Environmental Monitoring Services

1. Examination of Application Files:

a) Within ten working days from the date of receiving the file, the Permanent Agency for Examination shall examine and assess the file of the organization applying for certification of eligibility for environmental monitoring service activities regarding its legal status, human resources, expertise, equipment, and facilities for conducting environmental monitoring activities in accordance with the conditions stipulated in Articles 9 and 10 of Decree No. 27/2013/NĐ-CP dated March 29, 2013 of the Government.

b) The results of examining and assessing the file by the Permanent Agency for Examination shall be compiled into a report. The report on assessing the file is a document in the examination file.

c) The Permanent Agency for Examination shall send the file of the organization applying for certification of eligibility for environmental monitoring service activities to the members of the Inspection Team for study and review before conducting the actual inspection and assessment at the organization.

2. On-Site Inspections and Evaluations:

a) Within seven working days from the date of receiving the file, the Director of the General Department of Environment shall establish the Inspection Team for actual inspection at the organization applying for certification of eligibility for environmental monitoring service activities (hereinafter referred to as the Inspection Team). The organization, operation, and responsibilities of the Inspection Team shall be carried out in accordance with the provisions of Article 8 of this Circular.

b) Content of inspection and evaluation: The Inspection Team shall be responsible for actually inspecting and evaluating the organization applying for the issuance of the Certificate regarding the conditions stipulated in Articles 9 and 10 of Decree No. 27/2013/NĐ-CP dated March 29, 2013 of the Government and comparing it with the file requesting certification of eligibility for environmental monitoring service activities of the organization.

c) Within twenty working days from the date of establishing the Inspection Team, the General Department of Environment shall organize the inspection and evaluation activities at the organization applying for certification of eligibility for environmental monitoring service activities.

d) The results of the inspection and evaluation at the organization applying for certification must be recorded in a Record and sent back to the Permanent Agency for Examination for file compilation. The Record of the Inspection Team at the organization is a document in the examination file.

3. Organizing meetings of the Examination Council:

a) The Director of the General Department of Environment shall establish the Examination Council to serve the examination of eligibility for environmental monitoring service activities. The organization, operation, and responsibilities of the Examination Council are stipulated in Article 9 of this Circular.

b) The Examination Council has the function of advising and assisting the Director of the General Department of Environment in evaluating and examining the eligibility for environmental monitoring service activities of the organization applying for certification based on the results of reviewing and assessing the file and the results of actual inspection and evaluation at the organization.

c) The organization of the Examination Council meeting for the examination of eligibility for environmental monitoring service activities shall be conducted after the results of the inspection and evaluation at the organization have been obtained.

d) Upon the establishment of the Examination Council, the Permanent Agency for Examination shall send the file of the organization applying for certification of eligibility for environmental monitoring service activities and the report on assessing the file, and the Record of the Inspection Team at the organization to the members of the Examination Council for study and review before proceeding with the meeting.

đ) The results of the Examination Council meeting must be recorded in a Record and sent back to the Permanent Agency for Examination for file compilation. The Record of the Examination Council meeting is a document in the examination file.

A diagram illustrating the process of examining the conditions of organizations engaged in environmental monitoring service activities for issuing, extending, and adjusting the contents of the Certificate is presented in Appendix 2 issued together with this Circular.

A diagram illustrating the process of examining the conditions of organizations engaged in environmental monitoring service activities for reissuing the Certificate is presented in Appendix 3 issued together with this Circular.

Article 8. Organization, activities, responsibilities, and authorities of the Evaluation Team

1. The Inspection Team consists of a maximum of five members, including:

a) The Team Leader is a leader or representative of the General Department of Environment.

b) The remaining members include representatives of Ministries, sectors, or Provincial Departments of Natural Resources and Environment related to the matter, leaders or representatives of the Permanent Agency for Examination, and experts with expertise and experience in the field of environmental monitoring.

2. Responsibilities of the members of the Evaluation Team:

a) Members of the Inspection Team are responsible for accurately and objectively examining and evaluating the conditions for environmental monitoring service activities in accordance with the provisions of Articles 9 and 10 of Decree No. 27/2013/NĐ-CP dated March 29, 2013 of the Government.

b) Studying files and documents and assisting the General Department of Environment in conducting actual inspections and evaluations at the organization applying for certification of eligibility for environmental monitoring service activities.

c) Managing files and documents provided in accordance with the law, ensuring that they are not lost, not transferred to third parties, and returning all files and documents to the Permanent Agency for Examination after completing the assigned tasks; not using inspection and evaluation results contrary to the law on intellectual property rights.

d) Preparing the Inspection and Evaluation Form at the Organization according to Model No. 2 of Appendix 1 issued together with this Circular and compiling the Record of Inspection and Evaluation at the Organization according to Model No. 3 of Appendix 1 issued together with this Circular.

đ) Participating in meetings convened by the Permanent Agency for Examination and meetings of the Examination Council; completing Records through specialized meetings when necessary.

e) Being responsible under the law for the objectivity and honesty of comments and evaluations of the conditions for environmental monitoring service activities and the contents of work assigned during the examination process.

3. Authorities of the members of the Evaluation Team:

a) Requesting the Permanent Agency for Examination to provide complete documents and information related to the organization applying for certification of eligibility for environmental monitoring service activities; proposing the organization of meetings and other activities directly serving the examination work.

b) Entitled to remuneration according to the current financial regime when performing tasks, and reimbursed for travel expenses, meals, accommodation, and other expenses as prescribed by law when participating in activities of the Evaluation Team.

4. Responsibilities and authorities of the Head of the Evaluation Team:

In addition to the responsibilities and authorities of the members of the Evaluation Team as stipulated in Clauses 2 and 3 of this Article, the Head of the Evaluation Team also has the following responsibilities and authorities:

a) Directing all activities of the Evaluation Team and assigning tasks to members of the Evaluation Team during the performance of their duties;

b) Chairing the meetings of the Evaluation Team according to this Circular and relevant laws;

c) To compile and process opinions exchanged and discussed at meetings of the Evaluation Team and announce the inspection and evaluation results at the organization of the Evaluation Team; sign the minutes of the Evaluation Team's meetings and be responsible for the contents in the minutes of the Evaluation Team's meetings;

d) In case the Head of the Team cannot participate in the Evaluation Team, the Head must issue a written authorization for a member of the Evaluation Team to act as the Head, and the authorized person shall have the responsibilities and authorities of the Head of the Evaluation Team.

5. The Evaluation Team operates on the principle of collective work, open and direct discussion among members of the Evaluation Team, and express opinions on the Evaluation and Inspection Form at the environmental monitoring service operating organization.

Article 9. Organization, operation, responsibilities, and powers of the Appraisal Council

1. The Appraisal Council consists of five to nine members, including:

a) The Chairman of the Council is the Leader or representative of the General Department of Environment;

b) The Vice-Chairman of the Council is an expert with expertise and experience in the field of environmental monitoring;

c) One Secretary Member is a representative of the Permanent Approval Authority;

d) Members are representatives of relevant Ministries, Departments, or Provincial Natural Resources and Environment Departments, and experts with expertise and experience in the field of environmental monitoring, including two Members selected as Review Members.

2. A formal session of the Appraisal Council can only be held when the following conditions are met:

a) At least two-thirds (2/3) of the Council members must participate according to the decision, including the mandatory presence of the Chairman of the Council or the Vice-Chairman of the Council in the absence of the Chairman of the Council, and at least one Review Member;

b) After evaluating and reviewing the files and conducting on-site inspections at organizations applying for certification of eligibility to operate environmental monitoring services.

3. The Council conducts the examination and evaluation of the conditions for operating environmental monitoring services of organizations based on related files and documents; the results of the assessment and review on the file and the results of the actual assessment and inspection at the organization.

4. Costs for the activities of the Appraisal Council shall be implemented in accordance with current laws.

5. Responsibilities of Council Members:

a) Council members are responsible for accurately and objectively examining and evaluating the conditions of organizations operating environmental monitoring services and bear joint responsibility for the conclusions and recommendations of the Council;

b) Study files and documents related to the appraisal of conditions for operating environmental monitoring services of organizations;

c) Participate in activities before, during, and after formal sessions of the Council when required;

d) To perform duties at the Council meeting in a scientific, honest, and objective manner; write the Evaluation Form at the official Council meeting according to Model No. 4 of Appendix 1 issued together with this Circular;

đ) To manage provided documents in accordance with the law, ensuring no loss and no transfer of information to third parties, and return these documents to the Permanent Approval Authority after completing the assigned tasks;

e) To be responsible under the law for the objectivity and honesty of comments and evaluations of the conditions of organizations operating environmental monitoring services and the contents of the assigned work during the approval process;

6. Powers of Council Members:

a) Requesting the Permanent Agency for Examination to provide complete documents and information related to the organization applying for certification of eligibility for environmental monitoring service activities; proposing the organization of meetings and other activities directly serving the examination work.

b) Have the right to retain their opinions and record them in the minutes of Council meetings if they differ from the Council's conclusion;

c) Entitled to remuneration according to the current financial regime when performing tasks: writing the Comment Form for the application for certification, participating in Council meetings, and other activities and tasks assigned during the approval process; reimbursed for travel expenses, meals, accommodation, and other expenses as prescribed by law when participating in Council activities.

7. Responsibilities and powers of the Chairman of the Council:

In addition to the responsibilities and powers of Council Members as stipulated in Clause 5 and Clause 6 of this Article, the Chairman of the Council also has the following responsibilities and powers:

a) Control Council meetings in accordance with this Circular and relevant laws;

b) Summarize and handle opinions exchanged and discussed at formal Council meetings, prepare conclusions for Council approval and announce the Council's appraisal results;

c) Sign minutes of Council meetings and bear responsibility for conclusions made in Council meetings.

8. Responsibilities and powers of the Vice-Chairman of the Council:

In addition to the responsibilities and authorities of the Council Member as stipulated in Clauses 5 and 6 of this Article, the Vice-Chairman of the Council also has the responsibilities and authorities of the Chairman of the Council in case of written authorization from the Chairman of the Council.

9. Responsibilities and powers of the Secretary Member:

In addition to the responsibilities and authorities of the Council Member as stipulated in Clauses 5 and 6 of this Article, the Secretary Member also has the following responsibilities and authorities:

a) Report to the Chairman of the Council about the main issues of the file based on studying and reviewing the file and summarizing the opinions of the Evaluation Team; read related reports in the Council meeting, transfer the official Council meeting minutes, all files, and related documents to the Permanent Approval Authority;

b) Provide evaluation forms for the conditions of operating environmental monitoring services to Council members. Summarize, count votes, and prepare the Minutes of the vote on the conditions of operating environmental monitoring services of the organization in the Council meeting according to Model No. 5 of Appendix 1 issued together with this Circular;

c) Record the Council meeting minutes comprehensively and truthfully. Prepare and complete the Council meeting minutes according to Model No. 6 of Appendix 1 issued together with this Circular; sign and submit the minutes of the Council meetings for the chairperson to review and sign;

d) Perform other tasks serving the Council's activities as required by the Chairman of the Council and the Permanent Approval Authority;

đ) In case of non-participation in Council meetings, the Secretary Member reports to the Chairman of the Council to appoint another Council member as the secretary for the meeting.

Article 10. Representatives participating in meetings to review the conditions for organizations operating environmental monitoring services

1. The composition of representatives participating in meetings serving the examination of conditions for organizations operating environmental monitoring services is selected and invited by the Permanent Approval Authority.

2. Representatives attending the meetings may speak their opinions, subject to the control of the meeting chairperson, and are entitled to remuneration as prescribed by law. Representatives attending do not vote in the meetings.

Article 11. Decision on certification of sufficient conditions for operating environmental monitoring services

1. Based on the examination results, the Director of the General Department of Environment submits to the Minister of Natural Resources and Environment for consideration and issuance of a decision to certify accompanied by a Certificate of Qualification for Environmental Monitoring Service Operations for the requesting organization.

2. The certificate must clearly state the field and scope of operation certified as qualified for environmental monitoring service operations according to Model No. 1 of Appendix 1 issued together with this Circular.

3. In case the organization does not meet the certification requirements, the Director of the General Department of Environment signs a notification letter stating the reasons and sends it to the requesting organization according to the procedures and formalities prescribed in Clause 3 of Articles 12, 13, 14, and 15 of Decree No. 27/2013/NĐ-CP dated March 29, 2013 of the Government.

Article 12. Calculation of the validity period of the certificate

1. In cases of issuing the certificate for the first time and renewing the certificate, the validity period of the certification shall be thirty-six months from the date of issuance of the certification decision.

2. In cases of amending the content and reissuing the certificate, the validity period of the decision to amend the content and reissue the certificate shall remain unchanged compared to the previously issued certificate.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from January 20, 2014.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of People's Committees at all levels, and related organizations are responsible for implementing this Circular.

2. The Environmental Protection Administration is responsible for guiding the implementation of this Circular; organizing periodic evaluations and inspections once a year or spot checks when necessary, ensuring that all activities of organizations providing environmental monitoring services are carried out in accordance with regulations.

3. Organizations applying for certification of eligibility to provide environmental monitoring services are responsible for complying fully with the certification regulations; providing complete information and facilitating on-site inspection and evaluation by the inspection team at their organization.

4. During the implementation of this Circular, if there are difficulties or obstacles, they should be reported in writing to the Ministry of Natural Resources and Environment for consideration and resolution./.