This Circular details the procedures for preparing national and provincial environmental status reports, establishing environmental indicator sets, and managing environmental monitoring data. It replaces previous circulars on this matter and takes effect from December 1, 2015.
Scope of application
State management agencies on the environment, organizations, and individuals related to environmental status reports, the establishment and implementation of environmental indicator sets, as well as national, provincial, industrial zones, export processing zones, high-tech parks, clusters of industries, craft villages, and service production and business facilities.
Key points
- Detailed provisions on the preparation of national and provincial environmental status reports
- Provisions on the establishment of environmental indicator sets
- Provisions on the management of environmental monitoring data
- Effective date from December 1, 2015
- Replaces previous circulars on this matter
🌐 Social impact of this document
- Enhance the quality and effectiveness of environmental status report preparation, environmental indicator set establishment, and environmental monitoring data management
- Facilitate the consistent and unified implementation of state management over the environment
❓ Frequently asked questions
Which circulars does this Circular replace?
This Circular replaces Circular No. 08/2010/TT-BTNMT, Circular No. 09/2009/TT-BTNMT, and Circular No. 10/2009/TT-BTNMT.
Where does the funding for implementing the provisions of this Circular come from?
The funding is sourced from the environmental public service budget according to current regulations.
Full text
CIRCULAR
ON ENVIRONMENTAL STATUS REPORTS, ENVIRONMENTAL INDICATOR SYSTEMS AND MANAGEMENT OF ENVIRONMENTAL MONITORING DATA
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PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular provides detailed regulations for Clause 1 Article 127, Clause 2 Article 132 and Clause 3 Article 137 of the 2014 Environmental Protection Law.
Article 2. Applicability
This Circular applies to:
1. State management agencies for environmental protection, organizations and individuals involved in national environmental status reports, national environmental special topic reports, local environmental status reports, and local environmental special topic reports; construction and implementation of environmental indicator systems.
2. State agencies, organizations, and individuals within and outside Vietnam implementing the national environmental monitoring program; provincial environmental monitoring programs; environmental monitoring programs for industrial parks, export processing zones, high-tech parks, clusters of enterprises, craft villages, production, business, and service facilities on Vietnamese territory.
Article 3. Explanation of Terms
In this Circular, the following terms shall be understood as follows:
1. An environmental status report includes national environmental status reports, national environmental special topic reports, local environmental status reports, and local environmental special topic reports.
2. An environmental special topic report is an environmental status report that focuses deeply on a specific environmental issue or component receiving significant attention from society and environmental management authorities.
3. An environmental indicator system consists of environmental indicators. An environmental indicator may include one or more secondary environmental indicators.
4. A secondary environmental indicator is one or a group of basic environmental parameters directly related to each environmental indicator.
5. An environmental indicator form is a tool used to manage information and data for each environmental indicator.
6. The DPSIR model describes the interrelationship between Drivers (economic and social development, deep-rooted causes of environmental changes) - Pressures (direct pollution sources causing environmental degradation) - State (environmental quality status) - Impacts (impacts of environmental pollution on public health, economic and social development activities, and ecological environments) - Responses (state and societal responses to protect the environment).
Chapter II
ENVIRONMENTAL STATUS REPORTS AND ENVIRONMENTAL INDICATOR SYSTEMS
Section 1: ENVIRONMENTAL STATUS REPORTS
Article 4. Responsibilities and timeframes for preparing environmental status reports
1. The General Department of Environment assists the Ministry of Natural Resources and Environment in preparing national environmental status reports and national environmental special topic reports as stipulated in Clause 1 Article 137 of the 2014 Environmental Protection Law. These reports shall be prepared and approved before May of the following year.
2. Provincial Departments of Natural Resources and Environment (hereinafter referred to collectively as Provincial Departments of Natural Resources and Environment) assist the People's Committees of provinces and centrally-administered cities (hereinafter referred to collectively as Provincial People's Committees) in preparing local environmental status reports and local environmental special topic reports as stipulated in Clause 2 Article 137 of the 2014 Environmental Protection Law. These reports shall be prepared and approved before October of the year they are prepared.
Article 5. Method for preparing environmental status reports
1. Environmental status reports shall be prepared according to the Driving Force - Pressure - State - Impact - Response (DPSIR) model.
2. The environmental indicators set forth in Section 2 of this Chapter shall be used to collect information and data.
Article 6. Sources of information for preparing environmental status reports
1. Environmental information from national environmental status reports, national specialized environmental reports, and provincial environmental status reports, and provincial specialized environmental reports that have been approved.
2. Information from national, sectoral, and local statistical yearbooks.
3. Results of environmental monitoring programs.
4. Information from ministries, sectors, departments, and related agencies.
5. Information from other sources: results of state-level, ministry-level, and provincial-level scientific research programs or research topics that have been accepted.
6. Information from supplementary investigation and survey programs on specific environmental issues aimed at supporting data for the preparation of environmental status reports.
Article 7. Evaluations in environmental status reports
1. Evaluation of the extent to which environmental targets in the National Socio-Economic Development Plan are achieved for national environmental status reports, and in the Provincial Socio-Economic Development Plan for local environmental status reports.
2. Evaluation of regional, area, provincial, and city environmental quality for national environmental status reports; evaluation of district, county, and commune environmental quality for local environmental status reports.
3. Evaluation of environmental quality between years and between reporting periods.
4. Evaluation of environmental parameters, comparing with technical standards or environmental standards.
5. The evaluations prescribed in Clauses 1, 2, 3, and Clause 4 of this Article shall be conducted to analyze and rank environmental issues to identify environmental issues that need to be addressed at the national or local level.
Article 8. Structure and Content of Environmental Status Reports
1. The structure and content of environmental status reports shall be implemented in accordance with the provisions set out in Appendix I attached to this Circular.
2. The structure and content of specialized environmental reports shall be implemented in accordance with the provisions set out in Appendix II attached to this Circular.
During the preparation of the report, based on actual circumstances, all or part of the contents not relevant may be omitted; the structure may remain unchanged or rearranged but must ensure compliance with the contents stipulated in Article 138 of the 2014 Environmental Protection Law.
Article 9. Procedure for Preparing Environmental Status Reports
1. Propose and submit for approval the topic of the report for specialized environmental reports.
2. Develop the framework structure of the report.
3. Collect, compile, and process information and data.
4. Draft the report.
5. Consult relevant parties on the draft report.
6. Submit and obtain approval for the report.
7. Provide and publicize the report.
The procedure for preparing environmental status reports shall be carried out in accordance with the provisions of Articles 10, 11, 12, and Article 13 of this Circular.
Article 10. Proposing and Approving Environmental Report Topics
1. Based on urgent environmental issues and state management activities related to the environment, the General Department of Environment proposes and submits to the Ministry of Natural Resources and Environment for approval the topic of the national environmental report before the year of reporting.
2. Based on urgent environmental issues and state management activities related to the environment at the local level, the Department of Natural Resources and Environment proposes and submits to the People's Committee of the province for decision the topic of the local environmental report before the year of reporting.
Article 11. Consulting Relevant Parties on Draft Reports
1. Depending on actual circumstances, the General Department of Environment and the Department of Natural Resources and Environment may choose one or more of the following consultation methods:
a) Expert group meetings;
b) Workshops to gather opinions from relevant parties and units;
c) Soliciting opinions in writing.
2. The method of soliciting opinions in writing as stipulated in point c Clause 1 of this Article shall be carried out as follows:
a) The draft national environmental status report shall be sent for comments to ministries, sectors, localities, and relevant units;
b) The draft local environmental status report shall be sent for comments to departments, agencies, and relevant units within the locality.
Article 12. Submitting and Approving Reports
1. The General Department of Environment submits to the Minister of Natural Resources and Environment for approval the national environmental status report and the national environmental special report.
2. The Department of Natural Resources and Environment submits to the People's Committee of the province for approval the local environmental status report and the local environmental special report.
Article 13. Providing and Publicizing Reports
1. Providing environmental status reports
a) After approval, the national environmental status report and the national environmental special report shall be submitted to the relevant agencies of the National Assembly, Government, and state agencies, organizations, and individuals;
b) After approval, the local environmental status report and the local environmental special report shall be submitted to the same-level People's Council, the Ministry of Natural Resources and Environment, and relevant departments, agencies, organizations, and individuals.
2. Publicizing environmental status reports
a) The national environmental status report and the national environmental special report shall be publicly posted on the Ministry of Natural Resources and Environment’s electronic portal;
b) The local environmental status report and the local environmental special report shall be publicly posted on the provincial People's Committee’s electronic portal.
Section 2: ENVIRONMENTAL INDICATOR SYSTEM
Article 14. Environmental Indicator System
1. The national environmental indicator system consists of 36 environmental indicators and 93 secondary indicators divided into five groups: driving force indicators, pressure indicators, state indicators, impact indicators, and response indicators.
2. The national environmental indicator system specified in Appendix III issued together with this Circular.
3. The local environmental indicator system is developed and promulgated by the provincial People's Committee based on the national environmental indicator system.
Article 15. Developing the Environmental Indicator System
1. The General Department of Environment assists the Ministry of Natural Resources and Environment in developing the national environmental indicator system according to Clause 2, Article 132 of the 2014 Law on Environmental Protection. Every five years, the General Department of Environment reviews and submits to the Ministry of Natural Resources and Environment for consideration to amend and supplement the national environmental indicator system.
2. The Department of Natural Resources and Environment assists the provincial People's Committee in developing the local environmental indicator system according to Clause 3, Article 132 of the 2014 Law on Environmental Protection, ensuring that the number of indicators reaches at least 75% of the national environmental indicators and includes all five components under the DPSIR model.
Article 16. Updating information and data for the environmental indicator system
1. Information and data for each environmental indicator are managed through the environmental indicator form prescribed in Appendix IV attached to this Circular.
2. Updated information and data for the environmental indicator system are carried out from sources specified in Article 6 of this Circular.
3. Annually, the agency responsible for managing the environmental indicator system updates information and data for the environmental indicator system.
Article 17. Managing the environmental indicator system
1. The agency constructing the environmental indicator system as stipulated in Clause 1 and Clause 2, Article 15 of this Circular shall be responsible for storing and implementing reporting procedures on the environmental indicator system in accordance with current laws.
2. The General Department of Environment constructs and submits to the Ministry of Natural Resources and Environment the database on the national environmental indicator system; guides the Department of Natural Resources and Environment to build the database on the local environmental indicator system.
Article 18. Using the environmental indicator system
1. The environmental indicator system is used to monitor and evaluate changes in environmental quality; to serve the preparation of national and local environmental status reports.
2. The environmental indicator system is used to assess the implementation of environmental targets in the National and Local Socio-Economic Development Plans.
Chapter III
MANAGEMENT OF ENVIRONMENTAL MONITORING DATA
Article 19. Environmental monitoring data
1. Environmental monitoring data includes:
a) Results of periodic environmental monitoring and continuous environmental monitoring results of the environmental monitoring program as stipulated in Clause 2 of this Article;
b) Monitoring report results, including: monitoring report results by batch and annual consolidated monitoring report (for periodic monitoring); monthly, quarterly, and annual monitoring report results (for continuous monitoring). All monitoring reports must include the results of QA/QC implementation in environmental monitoring.
2. Environmental monitoring programs:
a) The national environmental monitoring program includes river basin and inter-provincial lake monitoring programs; economic zone monitoring programs; cross-border environmental monitoring programs and monitoring programs in special areas;
b) The provincial environmental monitoring program includes environmental component monitoring programs within the province;
c) The industrial park, export processing zone, high-tech park, industrial cluster, craft village, and production, business, service facility environmental monitoring program includes emission monitoring and environmental component monitoring as prescribed by law.
Article 20. Management of environmental monitoring data
1. The General Department of Environment assists the Ministry of Natural Resources and Environment in managing national environmental monitoring data according to Clause 1, Article 127 of the 2014 Environmental Protection Law.
2. The Department of Natural Resources and Environment assists the People's Committee at the provincial level in managing local environmental monitoring data according to Clause 2, Article 127 of the 2014 Environmental Protection Law.
3. Industrial parks, export processing zones, high-tech parks, industrial clusters, production, business, and service facilities manage environmental monitoring data according to Clause 3, Article 127 of the 2014 Environmental Protection Law.
Article 21. Reporting System for Environmental Monitoring Data
1. Units under the Ministry of Natural Resources and Environment, units within the national environmental monitoring network funded from the state budget shall submit to the General Department of Environment the environmental monitoring data related to the provisions of Clause 1, Article 19 of this Circular for consolidation and reporting to the Ministry of Natural Resources and Environment when implementing national environmental monitoring programs.
2. Departments of Natural Resources and Environment shall report to the Ministry of Natural Resources and Environment the environmental monitoring data as specified in Clause 1, Article 19 of this Circular.
3. Investors constructing and operating technical infrastructure in economic zones, industrial parks, export processing zones, high-tech parks shall comply with the reporting system as prescribed in regulations on environmental protection in economic zones, industrial parks, export processing zones, and high-tech parks.
4. Production, business, and service establishments not falling under the provisions of Clause 3 of this Article shall report to the authority responsible for reviewing and approving environmental impact assessment reports and confirming environmental protection plans.
5. Authorities, units, and organizations specified in Clauses 1, 2, 3, and 4 of this Article shall be responsible for supervising, ensuring the quality, accuracy, and reliability of environmental monitoring data.
6. The reporting of environmental monitoring data as stipulated in Clauses 1, 2, and 4 of this Article shall be carried out according to the forms and frequencies prescribed in Articles 22 and 23 of this Circular.
Article 22. Forms of Reporting Environmental Monitoring Data
1. Formats of environmental monitoring data:
a) Format of environmental monitoring data: Data specified in Clause 1, Article 19 of this Circular shall be stored in computer files (Word format .doc or .docx) for environmental monitoring reports; Excel format (.xls or .xlsx) for periodic monitoring results; text files for automatic and continuous monitoring results; printed on paper (except for automatic and continuous monitoring results);
b) Templates for periodic monitoring result reports shall be implemented according to the provisions in Table A1, Table A2; templates for automatic and continuous air monitoring result reports shall be implemented according to the provisions in Table A3, Table A4; templates for automatic and continuous water monitoring result reports shall be implemented according to the provisions in Table A5, Table A6 attached as Appendix V to this Circular;
c) Periodic monitoring results shall be stored in Excel files (.xls or .xlsx) in standard Unicode format; automatic and continuous monitoring results (including monitoring results and calibration results) shall be stored in text files in standard ASCII format (Vietnamese without accents).
2. Sending and receiving environmental monitoring data:
a) Reports and monitoring results shall be bound into volumes, signed and stamped by the reporting agency, and sent one copy to the receiving agency as specified in Clauses 1, 2, 3, and 4 of Article 21 of this Circular. Report files shall be sent via email or through the electronic portal of the receiving agency;
b) The receiving agency shall confirm in writing the receipt of reports for the reporting units. The confirmation letter serves as evidence for the completion of environmental monitoring tasks.
Article 23. Frequency of Reporting Environmental Monitoring Data
1. For units implementing national environmental monitoring programs, the reporting frequency is as follows:
a) Submitting periodic monitoring results and reports no later than 30 days after the end of the monitoring period;
b) Submitting monthly and quarterly monitoring results before the 15th day of the following month;
c) Submitting annual comprehensive reports on periodic monitoring results and continuous and automatic monitoring results before March 15 of the following year;
d) Continuously transmitting real-time automatic and continuous monitoring results.
2. For Departments of Natural Resources and Environment, the reporting frequency is as follows:
a) Submitting annual comprehensive reports on periodic monitoring results and continuous and automatic monitoring results before March 31 of the following year;
b) Continuously transmitting (24/24 hours) automatic and continuous monitoring results to the Ministry of Natural Resources and Environment. The transmitted monitoring results must meet information provision and usage requirements and achieve at least 80% of the total expected monitoring results of the monitoring program.
3. For industrial parks, export processing zones, high-tech parks, clusters, and traditional craft villages, production, business, and service establishments:
a) Environmental monitoring data of economic zones, industrial parks, export processing zones, and high-tech parks shall be reported according to regulations on environmental protection in economic zones, industrial parks, export processing zones, and high-tech parks;
b) Production, business, and service establishments as specified in Clause 4 of Article 21 of this Circular shall submit periodic monitoring results no later than 30 days after the end of the monitoring period; for production, business, and service establishments as specified in Clause 3 of Article 39 of Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste management and waste utilization, they shall continuously transmit automatic and continuous monitoring results in real time to the local Department of Natural Resources and Environment.
Article 24. Storage and Publication of Environmental Monitoring Data
1. The agency responsible for managing environmental monitoring data as stipulated in Article 20 of this Circular shall be responsible for storing such data in accordance with current laws.
2. The General Department of Environment shall establish and submit to the Ministry of Natural Resources and Environment a national database on environmental monitoring; guide the Department of Natural Resources and Environment in building local environmental monitoring databases.
3. Annually, the General Department of Environment shall update and publish the list of national environmental monitoring data on the electronic portal of the Ministry of Natural Resources and Environment and the General Department of Environment.
4. Annually, the Department of Natural Resources and Environment shall update and publish the list of local environmental monitoring data on the electronic portal of the People's Committee of the province and the Department of Natural Resources and Environment.
Chapter IV
IMPLEMENTING PROVISIONS
Article 25. Budget for Preparing Environmental Status Reports, Environmental Indicators, and Managing Environmental Monitoring Data
The budget for preparing environmental status reports, environmental indicators, and managing environmental monitoring data shall be sourced from the environmental public service budget in accordance with current regulations.
Article 26. Effective date
1. This Circular takes effect from December 1, 2015.
2. Circular No. 08/2010/TT-BTNMT dated March 18, 2010 issued by the Minister of Natural Resources and Environment regarding the establishment of national environmental reports, sectoral and field impact environmental reports, and provincial environmental status reports; Circular No. 09/2009/TT-BTNMT dated August 11, 2009 issued by the Minister of Natural Resources and Environment concerning the construction and management of national environmental indicators; and Circular No. 10/2009/TT-BTNMT dated August 11, 2009 issued by the Minister of Natural Resources and Environment concerning the National Environmental Indicator System for air, surface water, and coastal marine environments shall cease to be effective from the date this Circular takes effect.
Article 27. Responsibility for Implementation
1. The General Department of Environment shall be responsible for guiding, inspecting, supervising, and urging the implementation of this Circular; providing methods and compiling information for environmental indicators, assisting the Ministry of Natural Resources and Environment in detailing the structure and file format of environmental monitoring data.
2. State management agencies, organizations, and individuals involved in environmental status reports, construction, and implementation of environmental indicator systems; organizations and individuals implementing national environmental monitoring programs; provincial environmental monitoring programs; industrial park, export processing zone, high-tech park, industrial cluster, craft village, production, business, and service facility environmental monitoring programs shall be responsible for implementing this Circular.
3. In the course of implementation, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly report to the Ministry of Natural Resources and Environment for consideration and resolution./.
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