Circular No. 42/2020/TT-BCT on the declaration, management, and use of environmental databases in the Commerce and Industry sector

CIRCULAR

Regulations on declaration, management, and use of environmental databases in the industry and trade sector

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Pursuant to the Environmental Protection Law No. 55/2014/QH13 dated June 23, 2014;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 73/2017/NĐ-CP dated June 14, 2017 of the Government on the collection, management, exploration, and utilization of information and data on natural resources and the environment;

At the proposal of the Director of the Department of Safety Technology and Industrial Environment;

The Minister of Industry and Trade promulgates this Circular regulating the declaration, management, and use of environmental databases in the industry and trade sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the declaration, management, and use of environmental databases in the industry and trade sector.

Article 2. Applicability

1. Production and business establishments (hereinafter referred to as enterprises) belonging to industries and fields under the management of the Ministry of Industry and Trade with scale and capacity as specified in Appendix I attached hereto.

2. The agency managing the environmental database.

3. Other organizations and individuals related thereto.

4. Enterprises not falling within Clause 1 of Article 2 hereof are encouraged to implement the declaration, management, and use of environmental databases in the industry and trade sector.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Environmental database in the industry and trade sector (hereinafter referred to as the environmental database) is a collection of environmental data within the scope of management of the Ministry of Industry and Trade, established, managed, and operated on the website http://moitruongcongthuong.vn by the Ministry of Industry and Trade.

2. Declaration of the environmental database is the process of providing, updating, and digitizing environmental data into the environmental database system of the industry and trade sector. Subjects as stipulated in Article 2 of this Circular are granted access rights to the environmental database to carry out declarations, management, and use.

3. Management of the environmental database is an activity aimed at ensuring safe and stable operation of the environmental database on the information website and other activities assisting organizations and individuals in implementing the provisions of this Circular.

4. Use of the environmental database is the exploitation of environmental data in the environmental database by organizations and individuals for purposes of environmental management and reporting.

Chapter II

DECLARATION, MANAGEMENT, AND USE OF ENVIRONMENTAL DATABASES

Article 4. Registration of Access Account to the Environmental Database

1. Request for Access Account

a) Enterprises as stipulated in Clause 1 and Clause 4 of Article 2 request for an access account to the environmental database as follows:

- In case the enterprise is a member of a Group or Corporation in the industry and trade sector (hereinafter referred to as Group or Corporation): The enterprise requests the Group or Corporation to compile a list of access accounts.

- In case the enterprise is not a member of a Group or Corporation: The enterprise requests the Department of Industry and Trade of provinces/cities directly under the Central Government (hereinafter referred to as the Department of Industry and Trade) where the main office is registered to compile a list of access accounts.

b) The Group or Corporation reviews, guides, and compiles a list of member enterprises to submit to the General Department of Safety and Environmental Technology for requesting access accounts for these subjects.

c) The Department of Industry and Trade reviews, guides, and compiles a list of enterprises under its jurisdiction (excluding those enterprises mentioned in point b of Clause 1 of this Article) to submit to the General Department of Safety and Environmental Technology for requesting access accounts for these subjects.

d) The form of request for an access account is set forth in Appendix II attached hereto.

2. Issuance of Access Account

The General Department of Safety and Environmental Technology proceeds to establish access accounts to the environmental database for the subjects based on the written requests from the Departments of Industry and Trade, Groups, and Corporations; and notifies the Departments of Industry and Trade, Groups, and Corporations of the lists of created access accounts.

3. Departments of Industry and Trade, Groups, Corporations, and enterprises shall comply with the provisions of Clause 1 of this Article if there are changes such as: Changes in the number of enterprise-managed accounts; Termination of access accounts due to enterprise cessation of operations or reduction in scale and capacity to levels not listed in Appendix I; Registration for additional accounts due to the emergence of new enterprises accessing the environmental database.

4. Organizations and individuals as stipulated in Clause 3 of Article 2 of this Circular who wish to use the environmental database shall submit requests to the General Department of Safety and Environmental Technology for consideration and issuance of access accounts.

Article 5. Environmental Database Declaration

1. After being granted access to the system, enterprises log into the electronic information website http://moitruongcongthuong.vn, annually declaring environmental data information as specified in Appendix III issued together with this Circular.

2. The annual declaration of the environmental database must be completed before January 31 of the following year.

Article 6. Management of Environmental Database

1. The contents of managing the environmental database include:

a) Maintaining internet connectivity, storing data on servers, ensuring information security, and stabilizing the operation of the environmental database on the electronic information website;

b) Granting access accounts and usage permissions to organizations and individuals;

c) Building, upgrading the system, maintaining, operating, and sharing data within the environmental database;

d) Urging and directing enterprises to declare their environmental databases;

đ) Guiding, inspecting, and evaluating environmental data declared by enterprises;

e) Reporting on the results of managing the environmental database;

g) Other related management activities.

2. Funding for building, maintaining, and developing the environmental database:

Funding for building, upgrading the system, maintaining, operating, and sharing data within the environmental database is ensured through state budget and mobilized from other legitimate sources of funding.

Article 7. Use of Environmental Database

The authorization to use the environmental database is carried out as follows:

1. The Department of Safety Technology and Industrial Environment may use all data and information in the environmental database system;

2. The Department of Industry and Trade may use data and information in the environmental database system reported by enterprises under its jurisdiction;

3. Groups and Corporations may use data and information in the environmental database system reported by member enterprises;

4. Enterprises may use data and information in the environmental database system they themselves have reported;

5. Organizations and individuals specified in Clause 3, Article 2 of this Circular may use environmental data within the scope determined by the Department of Safety Technology and Industrial Environment.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of Enterprises

1. Register with the environmental database management authority to apply for new, supplementary, change, and terminate declaration account access.

2. Regularly declare the environmental database with complete content, within the prescribed time frame, and bear legal responsibility for the accuracy and truthfulness of the data they report.

3. Safeguard the confidentiality of the access account provided, preventing unauthorized persons from accessing the environmental database illegally.

4. Fulfillment of the responsibilities of enterprises stipulated in this Circular serves as the basis for competent authorities to consider commendation and punishment according to current regulations.

Article 9. Responsibilities of the Environmental Database Management Authority

The environmental database management authority includes: The Department of Safety Technology and Industrial Environment; The Department of E-commerce and Digital Economy; Departments of Industry and Trade, Groups, and Corporations.

1. Responsibilities of Departments of Industry and Trade, Groups, and Corporations

a) Compile a list of enterprise access account requests to be sent to the Department of Safety Technology and Industrial Environment for access account issuance;

b) Guide, inspect, supervise, and urge enterprises under their jurisdiction to register accounts and declare environmental data;

c) Safeguard the confidentiality of the access account and reported environmental data of Departments of Industry and Trade, Groups, Corporations, and enterprises under their jurisdiction;

2. Responsibilities of the Department of Safety Technology and Industrial Environment

a) Create access accounts and allocate usage permissions for entities within their jurisdiction;

b) Guide, inspect, supervise, and urge the declaration, management, and use of data by Departments of Industry and Trade, Groups, Corporations, and enterprises;

c) Provide environmental information and data in the environmental database system upon request of authorized agencies;

d) Implement the contents of environmental database management as specified in Clause 1, Article 6 of this Circular;

3. Responsibilities of the Department of E-commerce and Digital Economy

Coordinate with the Department of Safety Technology and Industrial Environment to maintain internet connectivity, store data on servers, ensure information security, and stabilize the operation of the environmental database on the electronic information website.

Article 10. Responsibilities of other organizations and individuals

Other organizations and individuals shall be responsible for using environmental information and data within the scope of their authorized powers, and protecting such information and access accounts to the environmental database that have been granted.

Article 11. Effective Date

1. This Circular takes effect from April 1, 2021, and replaces Circular No. 22/2013/TT-BCT dated October 14, 2013, issued by the Ministry of Industry and Trade on the declaration, management, and use of environmental databases in the industry and trade sector.

2. The first Clause of Article 14 of Circular No. 42/2019/TT-BCT dated December 18, 2019, issued by the Ministry of Industry and Trade amending and supplementing certain provisions on periodic reporting systems in Circulars issued by the Minister of Industry and Trade or jointly issued, is hereby abolished.

3. In case any difficulties arise during implementation, organizations and individuals are requested to promptly report to the Ministry of Industry and Trade so that this Circular can be amended and supplemented accordingly.