Circular No. 43/2014/TT-BTNMT on training environmental protection practices in petroleum products and liquefied petroleum gas business

CIRCULAR

Regulations on environmental protection vocational training in

petroleum products trading and liquefied petroleum gas (LPG)g

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Pursuant to the Environmental Protection Law 2005;

Pursuant to Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government stipulating the organization of specialized agencies under provincial People's Committees and centrally governed cities;

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. 97/2013/ND-CP dated August 27, 2013 of the Government stipulating administrative penalties for violations in the oil and gas sector, petroleum products trading, and liquefied petroleum gas (LPG);;

Pursuant to Decree No. 107/2009/ND-CP dated November 26, 2009 of the Government on liquefied petroleum gas (LPG) trading;

On the basis of Decree No. 84/2009/ND-CP dated October 15, 2009 of the Government on petroleum products trading;

At the proposal of the General Director of the Environment Administration and the Director of the Legal Department;

Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: the Ministry of Natural Resources and Environment Issuing this Circular on environmental protection vocational training in petroleum products trading and liquefied petroleum gas (LPG),

Article 1. Scope of Regulation

This Circular stipulates environmental protection vocational training in petroleum products trading and liquefied petroleum gas (LPG) (hereinafter referred to as environmental protection vocational training) and issuance of certificates of environmental protection vocational training in petroleum products trading and liquefied petroleum gas (LPG) (hereinafter referred to as certificates).

Article 2. Applicability

1. This Circular applies to:

a) State management agencies on environmental protection, organizations and individuals involved in environmental protection vocational training and issuance of certificates of environmental protection vocational training;

b) Organizations and individuals engaged in petroleum products trading and liquefied petroleum gas (LPG) as specified in Clause 2 of this Article.

2. Organizations and individuals engaged in petroleum products trading and liquefied petroleum gas (LPG) include:

a) Managers and staff directly involved in petroleum products trading at general agents for petroleum products trading, retail agents for petroleum products, retail outlets for petroleum products, port and warehouse rental services for petroleum products, petroleum products transportation services as stipulated in Decree No. 84/2009/ND-CP dated October 15, 2009 of the Government on petroleum products trading;

b) Managers and staff working at establishments engaged in liquefied petroleum gas (LPG) trading (hereinafter referred to as LPG trading), LPG service trading, including drivers of LPG transport vehicles as stipulated in Decree No. 107/2009/ND-CP dated November 26, 2009 of the Government on liquefied petroleum gas (LPG) trading, including staff working at: LPG production and processing plants; LPG export and import ports; LPG storage warehouses, LPG cylinder storage warehouses, LPG retail outlets, LPG cylinder refilling stations, tanker trucks; LPG vehicle refueling stations; LPG supply stations; LPG transportation and LPG transport vehicle rental services.

3. Encouragement is given to organizations and individuals not falling within the scope of Clause 2 of this Article who wish to participate in environmental protection vocational training courses in petroleum products and LPG trading.

Article 3. Environmental protection vocational training program

The framework for environmental protection vocational training program is set forth in Appendix 01 of this Circular.

Article 4. Requirements for lecturers participating in environmental protection vocational training

1. Lecturers participating in environmental protection vocational training must be managers or experts with a bachelor's degree or higher, having at least five years of experience in fields relevant to the training topics specified in Article 3 of this Circular.

2. Lecturers wishing to participate in teaching shall submit a document according to the form prescribed in Appendix 02 of this Circular to the Department of Natural Resources and Environment of provinces and centrally governed cities (hereinafter referred to as the Department of Natural Resources and Environment) for the Department of Natural Resources and Environment to consider and decide on participation in environmental protection vocational training.

Article 5. Training Responsibilities

1. The Ministry of Natural Resources and Environment shall instruct the General Department of Environment:

a) To develop and issue the Environmental Protection Business Training Program in accordance with Article 3 of this Circular;

b) To disseminate and train the Training Program to staff responsible for environmental protection business training at Provincial Departments of Natural Resources and Environment.

2. Department of Natural Resources and Environment:

a) To establish and approve the list of lecturers and trainers for environmental protection business training;

b) To send enrollment notices to organizations and individuals engaged in gasoline and liquefied petroleum gas (LPG) business within their jurisdiction. The enrollment notice shall include the training program, time, location, fees, and other relevant information;

c) To decide on the list and number of trainees participating in training based on actual conditions to ensure quality (the maximum number of trainees per class shall not exceed 150);

d) To determine tuition fee levels and organize the collection, management, and utilization of tuition fees to ensure reasonable compensation for course expenses according to current regulations on fees and charges;

đ) To organize and coordinate with environmental protection business training institutions to conduct training courses in a centralized learning format according to the content and duration specified in the training program framework set out in Appendix 01 of this Circular;

e) To decide on issuing the Environmental Protection Business Training Certificate to trainees who meet the criteria for certification immediately upon completion of the training course;

g) To decide on revoking the Environmental Protection Business Training Certificate in cases stipulated in points a, b, and c of Clause 4, Article 7 of this Circular;

h) To report annually on training results before December 30 each year using the form prescribed in Appendix 03 of this Circular to the General Department of Environment.

Article 6. Environmental Protection Business Training Certificate

1. Conditions for Issuance:

a) Trainees must attend all training sessions ensuring participation time reaches at least 90% of the total course duration;

b) Trainees must complete end-of-session examinations according to the training program framework set out in Appendix 01 of this Circular, achieving a passing grade.

2. The Environmental Protection Business Training Certificate shall be issued to each training recipient involved in gasoline or liquefied petroleum gas (LPG) business according to the model prescribed in Appendix 04 of this Circular.

3. The Environmental Protection Business Training Certificate is valid for use for five years from the date of issuance and is valid nationwide.

4. Within ten working days from the end of the training course, the Director of the Provincial Department of Natural Resources and Environment shall review and issue the Environmental Protection Business Training Certificate to trainees who fully meet the conditions stipulated in Clause 1 of this Article.

Article 7. Reissuing and Revoking the Environmental Protection Business Training Certificate

1. In case of damage, deterioration, or loss during its validity period, the certificate may be reissued once. The validity period of the reissued certificate shall not exceed the remaining validity period of the original certificate.

2. The application for reissuing the certificate includes:

a) An application for reissuing the certificate according to the model prescribed in Appendix 05 of this Circular;

b) One recent color photograph measuring 3x4 cm taken within six months prior to the date of the reissue request;

c) One certified copy of the applicant's national identity card.

3. Within a maximum of ten working days from receipt of a complete and valid application, the Director of the Provincial Department of Natural Resources and Environment shall review and reissue the certificate according to the model prescribed in Appendix 05 of this Circular. If the reissue is denied, the Director must notify the applicant in writing and specify the reasons.

4. The Provincial Department of Natural Resources and Environment shall revoke and not reissue the certificate in the following cases:

a) If it has been altered, erased, or tampered with;

b) If it has been rented or lent;

c) If it has been used for purposes not permitted by law.

Article 8. Recordkeeping of Files

1. The Department of Natural Resources and Environment shall establish and store files after each training course in accordance with current laws on recordkeeping.

2. The stored files include:

a) Enrollment files, lists of trainees (name, year of birth, contact address, national identity card number, date and place of issuance);

b) Decisions approving lists of lecturers and speakers (name, year of birth, professional qualifications, work experience, workplace, contact address);

c) Examination questions, examination papers, and scores for examination papers of trainees;

d) Decisions to issue certificates along with lists of trainees receiving certificates;

đ) Original books containing signatures of trainees receiving certificates and replacement certificates (if any) for each training course.

Article 9. Responsibilities of Certificate Holders

1. Manage and use certificates for their intended purposes, do not rent or lend them; do not alter or erase certificates.

2. Present certificates and comply with inspection and audit requirements when requested by competent authorities.

Article 10. Implementation Organization

1. The Environmental Protection Agency is responsible for guiding, organizing inspections, and audits of training activities conducted by the Department of Natural Resources and Environment; handling violations within its authority or referring such cases to competent authorities for handling in environmental protection training and certification activities nationwide.

2. Annually, the Department of Natural Resources and Environment develops and implements training plans for environmental protection business skills for organizations and individuals engaged in petroleum products and liquefied petroleum gas trading within its jurisdiction.

Article 11. Transitional Provisions

1. Certificates related to environmental protection in petroleum products and liquefied petroleum gas business issued by state agencies before this Circular takes effect shall be handled as follows:

a) For certificates with a validity period: They may be used until the end of the validity period. Upon expiration, certificate holders must participate in environmental protection business skill training to obtain new certificates according to this Circular;

b) For certificates without a validity period: They may be used for five (05) years from the date of issuance. After using for five (05) years from the date of issuance, certificate holders must participate in environmental protection business skill training to obtain new certificates according to this Circular.

2. From the date this Circular takes effect, the Department of Natural Resources and Environment will be the competent authority for training, reviewing, and issuing certificates for environmental protection business skills in petroleum products and liquefied petroleum gas trading according to this Circular.

Article 12. Implementation Provisions

1. This Circular takes effect from September 15, 2014.

2. The Environmental Protection Agency is responsible for organizing monitoring, guidance, and inspection of the implementation of this Circular.

3. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under central cities, Directors of Provincial Departments of Natural Resources and Environment under central cities, and relevant organizations and individuals are responsible for implementing this Circular.

Any difficulties encountered during implementation should be reported to the Ministry of Natural Resources and Environment for review, amendment, and supplementation as appropriate./.