Circular No. 46/2011/TT-BTNMT on environmental protection for craft villages

CIRCULAR

Regulations on Environmental Protection in Craft Villages

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MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

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. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment,amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 5, 2010 and Decree and Decree No. 89/2010/NĐ-CP dated August 16, 2010;

Pursuant to Decree No. 66/2006/NĐ-CP dated July 7, 2006 of the Government on rural craft development;

Pursuant to the Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

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

Pursuant to Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment;

Considering the proposal of the General Director of the General Department of Environment and the Head of the Legal Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These regulations provide for environmental protection in craft villages; responsibilities of state agencies, organizations, production households, and individuals related to environmental protection work in craft villages.

Article 2. Applicability

These regulations apply to production households, production establishments, businesses, and service providers operating in craft villages (hereinafter referred to as establishments); state management agencies at all levels; domestic organizations and individuals; foreign organizations and individuals (hereinafter referred to as organizations and individuals) related to investment, production, business, and service activities in craft villages within the territory of Vietnam.

1. TELEVISION VIEWER INDEX IS THE PERCENTAGE (%) OF THE NUMBER OF HOUSEHOLDS WATCHING A TELEVISION PROGRAM CHANNEL OR A TELEVISION PROGRAM OVER THE TOTAL NUMBER OF HOUSEHOLDS WITH TELEVISION SIGNAL RECEIVERS IN THE TELEVISION VIEWER MEASUREMENT SCOPE DURING A SPECIFIED TIME PERIOD.

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

1. Craft village means one (01) or more clusters of hamlets, villages, or similar residential areas within the administrative unit of a commune, ward, or town (hereinafter collectively referred to as commune) engaged in rural crafts or small-scale industrial production producing one or more types of products.

2. Infrastructure for environmental protection in craft villages includes centralized wastewater collection and treatment zones, solid waste collection zones, and hazardous waste collection zones as prescribed in Clause 10, Article 3 of Decree No. 04/2009/NĐ-CP dated January 14, 2009 of the Government on incentives and support for environmental protection activities.

3. Cleaner Production refers to continuous improvements in production processes, products, and services aimed at reducing resource consumption, minimizing the generation of air, water, and soil pollutants, and reducing risks to human health and the environment.

4. Environmentally Friendly Technology refers to technology that uses resources efficiently and minimizes the generation of waste that pollutes the environment and affects human health.

Chapter II

CONTENTS OF ENVIRONMENTAL PROTECTION IN CRAFT VILLAGES

Article 4. Classification of Establishments in Craft Villages

1. Establishments in craft villages shall be classified according to their type of production and potential for environmental pollution into three (03) groups: Group A, Group B, and Group C as set out in Appendix 01 of these regulations.

Group A: Establishments belonging to production types with low potential for environmental pollution, permitted to operate in residential areas.

Group B: Establishments belonging to production types with one (01) or several production stages having high potential for environmental pollution, not permitted to establish new such stages in residential areas; if already operational, they must comply with the provisions of Article 8 of these regulations.

Group C: Establishments belonging to production types with high potential for environmental pollution, not permitted to establish new ones in residential areas; if already operational, they must comply with the provisions of Article 8 of these regulations.

2. The review and classification of establishments in craft villages must be completed before December 31, 2013 and updated annually.

3. Given the variability of craft villages and the naming of production types in craft villages depending on the specific characteristics of each locality, Appendix 01 will be reviewed and supplemented by the Ministry of Natural Resources and Environment in coordination with relevant ministries, sectors, and localities when necessary to align with practical conditions.

Article 5. Evaluation of the level of environmental pollution in craft villages

The evaluation of the level of environmental pollution in craft villages includes the following contents:

1. Statistics on the total volume of wastewater, exhaust gas, and general solid waste, hazardous waste.

2. Measurement and analysis of the composition and concentration of pollutants in exhaust gas, wastewater, solid waste, and hazardous waste; noise levels, vibration, temperature, dust content in production areas. Monitoring the quality of the surrounding environment.

The content of evaluating the level of environmental pollution in craft villages is guided in Appendix 02 of this Circular.

Article 6. Environmental impact assessment and commitment to environmental protection

1. New projects for production, business, and service activities in craft villages must comply with the provisions of Clause 1, Article 4 of this Circular and implement environmental impact assessments and commitments to environmental protection according to the provisions of Articles 12 and 29 of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and commitment to environmental protection (hereinafter referred to as Decree No. 29/2011/NĐ-CP); Circular No. 26/2011/TT-BTNMT dated July 18, 2011 of the Minister of Natural Resources and Environment detailing some articles of Decree No. 29/2011/NĐ-CP (hereinafter referred to as Circular No. 26/2011/TT-BTNMT).

2. For existing facilities that have not yet been approved or confirmed with Environmental Impact Assessment Reports and Environmental Protection Commitment Letters, they must prepare detailed Environmental Protection Programs or simple Environmental Protection Programs to be submitted to competent authorities for approval or consideration according to current regulations.

Article 7. Environmental protection conditions when considering and recognizing craft villages

1. Craft villages recognized must meet the following environmental protection conditions:

a) Facilities belonging to Group B or Group C (if any) must comply with the provisions of Clause 1, Article 8 of this Circular or have specific plans to relocate outside residential areas before January 1, 2017, as stipulated in Clause 2, Article 8 of this Circular; at the time of recognition, industrial zone planning, concentrated industrial clusters, livestock zones, centralized production zones outside residential areas must have been approved.

b) All facilities within the craft village must have been approved or confirmed by competent authorities with Environmental Impact Assessment Reports, Environmental Protection Commitment Letters, Detailed Environmental Protection Programs, Simple Environmental Protection Programs; apply measures to control noise, dust, heat, exhaust gas, wastewater, and appropriate on-site treatment methods; classify, collect, and manage solid waste and hazardous waste (if any) in accordance with regulations; commit to complying with financial contributions for environmental protection activities generally and waste treatment costs specifically.

c) Have infrastructure for environmental protection in craft villages. In cases where craft villages do not have such infrastructure, there must be a plan approved by the competent authority with a specific implementation schedule.

d) There should be no discharge of wastewater, exhaust gas, solid waste, and hazardous waste or generation of noise and vibration exceeding regulations, causing environmental hygiene and aesthetic issues in public areas within the craft village.

2. Encourage recognized craft villages to supplement the following conditions:

a) Have self-management organizations for environmental protection.

b) Have village regulations or conventions approved by the People's Committee of the district, including environmental protection content.

3. For recognized craft villages that have not met the provisions of Clause 1 of this Article, the People's Committee of the province shall direct the People's Committee of the district to develop plans to address these issues or consider removing them from the list of craft villages in the locality.

Article 8. Measures for processing facilities belonging to Group B and Group C operating in residential areas before this Circular takes effect

1. Production processes causing environmental pollution of facilities belonging to Group B and facilities belonging to Group C operating in residential areas as stipulated in Clause 1, Article 4 of this Circular must invest in and apply on-site waste treatment measures to meet corresponding National Technical Regulations on the Environment.

2. If production processes causing environmental pollution of facilities belonging to Group B and facilities belonging to Group C cannot invest in and apply waste treatment measures to meet corresponding National Technical Regulations on the Environment, they must relocate to industrial zones, clusters of industries, or concentrated livestock areas, production areas outside residential areas in accordance with Article 36 and Clause 4, Article 46 of the Environmental Protection Law and Circular No. 42/2006/TT-BNN dated June 1, 2006 of the Ministry of Agriculture and Rural Development. Before January 1, 2017, if relocation is not possible, operations must be terminated.

Article 9. Village craft regulations

Village craft regulations are established and implemented in accordance with Joint Circular No. 03/2000/TTLT-BTP-BVHTT-BTTUBTUMTTQVN dated March 31, 2000 of the Ministry of Justice, Ministry of Culture, Sports and Tourism, and the Central Steering Committee of the Vietnam Fatherland Front guiding the establishment and implementation of village, commune, ward, and community regulations; including detailed guidance on environmental protection in Appendix 3.

Article 10. Preferential policies for recognized facilities and craft villages

1. Priority allocation of state budget and investment in construction of environmental infrastructure in accordance with Circular No. 113/2006/TT-BTC dated December 28, 2006 of the Ministry of Finance guiding certain contents regarding state budget support for rural craft development under Decree No. 66/2006/NĐ-CP dated July 7, 2006 of the Government and other relevant laws.

2. Priority training and dissemination of knowledge about environmental protection for community residents, self-managing organizations for environmental protection, and environmental management cadres at the commune level.

3. Priority consideration in the process of reviewing and granting preferential loans from financial institutions for environmental purposes such as the Vietnam Environment Protection Fund, Sectoral Environment Protection Fund, and Local Environment Protection Fund.

4. Priority consideration in the process of selecting locations for implementing and receiving waste treatment models and other activities from international projects, tasks, and projects funded from the state budget.

Article 11. Information and Reporting

1. People's Committees at all levels, Departments of Natural Resources and Environment, and facilities within craft villages have the responsibility to regularly report information on the implementation of environmental protection work in accordance with Chapter III of this Circular.

2. Information on environmental protection work of facilities and craft villages shall be publicly disclosed through mass media; announced at meetings of People's Committees, People's Councils at all levels, community meetings, or posted at the offices of People's Committees at all levels.

Chapter III

ENVIRONMENTAL PROTECTION RESPONSIBILITIES OF CRAFT VILLAGES

Article 12. Responsibilities of the Facility

1. Implement fully and accurately all contents regarding Environmental Impact Assessment, Environmental Protection Commitment, Detailed Environmental Protection Plan, Simplified Environmental Protection Plan as stipulated in Article 6 of this Circular, corresponding approval and confirmation documents, and local conventions and regulations (if applicable).

2. Apply measures to control noise, dust, heat, emissions, wastewater, and on-site treatment methods as prescribed; collect, sort, and store solid waste at designated locations; for hazardous waste (if any), sorting, storage, and transfer to licensed entities must be carried out according to regulations.

3. Accept and operate in accordance with regulations the facilities for waste treatment if selected and invested in; proactively research and improve technology, apply environmentally friendly production technologies, cleaner production solutions, and energy-saving measures in business operations.

4. Implement relocation, industry conversion, or comply with prescribed remediation measures under the law. Relocation costs shall be borne by the facility.

5. Report immediately to the People's Committee of the commune in case of fire, explosion, chemical leakage, pollution dispersion, and take timely measures to address and rectify the situation.

6. Contribute funds for the construction, operation, maintenance, and improvement of village craft infrastructure projects for environmental protection; pay collection, transportation, and treatment fees for solid waste fully and on time.

7. Pay all types of environmental protection fees for wastewater, emissions, and solid waste, as well as other related fees and charges as prescribed by law, fully and on time.

8. Report to the People's Committee of the commune annually before October 15th or upon request from competent authorities about the generation and handling of waste by the facility (Report form at Appendix 04).

Article 13. Responsibilities of Self-Management Organizations for Environmental Protection

Self-management organizations for environmental protection are established and operate based on voluntary principles and community responsibility as stipulated in Clause 2 of Article 54 of the Law on Environmental Protection. These organizations have the responsibility to:

1. Arrange manpower, equipment, and devices to collect and transport solid waste to designated collection points as prescribed.

2. Manage, operate, maintain, and improve infrastructure projects for environmental protection according to the division of work by the People's Committee of the commune.

3. Post regulations and monitor the implementation of public hygiene maintenance.

4. Develop and implement village conventions and regulations containing environmental protection content; promote and mobilize the people to eliminate unsanitary customs and habits harmful to the environment.

5. Participate in inspections and supervision of hygiene maintenance and environmental protection regulations of facilities within their jurisdiction as assigned by the People's Committee of the commune.

6. When detecting abnormal signs of environmental pollution (emissions, wastewater, and solid waste) or environmental incidents or violations of environmental protection laws within their management area, they should handle them within their authority or report immediately to the People's Committee of the commune.

7. Report to the People's Committee of the commune annually before October 15th or upon request about the status of activities, waste collection, transportation, and treatment as assigned (Report form at Appendix 05).

Article 14. Responsibilities of the People's Committee at the Commune Level

1. Carry out state management tasks concerning village craft environmental protection according to directives and assignments from the People's Committee of the district.

2. Recommend competent authorities not to permit the establishment of new production processes with high potential for causing severe environmental pollution for facilities in Group B or Group C as stipulated in Clause 1 of Article 4 of this Circular in residential areas.

Participate in implementing measures for facilities in Group B and Group C as stipulated in Clause 2 of Article 8 of this Circular.

3. Urge the inclusion of environmental protection content in village conventions and regulations, submit to the People's Committee of the district for approval.

4. Assign civil servants as prescribed in Clause 2 of Article 3 of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on job titles, number, and some policies for cadres and civil servants at communes, towns, and non-professional staff at the commune level to guide facilities and advise the People's Committee of the commune on implementing laws on village craft environmental protection. At the same time, the Chairman of the People's Committee of the commune signs labor contracts to support environmental protection work; funding for implementing these labor contracts is allocated from the environmental protection budget provided to the commune as stipulated in Decree No. 81/2007/NĐ-CP dated July 23, 2007 of the Government on organization and specialized departments for environmental protection in government agencies.

5. Use environmental protection funds correctly, focusing on village craft environmental protection activities. Allocate regular expenses to support repairs and improvements of infrastructure projects for village craft environmental protection within the jurisdiction.

6. Organize management, operation, maintenance, and repair of infrastructure projects for village craft environmental protection according to regulations when taking over and managing such projects.

7. Issue operational regulations and create conditions for self-management organizations for environmental protection to operate effectively as stipulated in Clause 3 of Article 54 of the Law on Environmental Protection.

8. Mobilize contributions from organizations and individuals in the locality to invest in, construct, operate, maintain, and improve infrastructure projects for village craft environmental protection on a democratic and voluntary basis. Management of these contributions must be transparent, subject to inspection and control, and ensure proper use according to prescribed regulations.

9. Organize inspections and provide guidance to facilities to comply with environmental protection laws and handle violations within their authority; participate in inspection teams for facilities on the local area as required by higher-level authorities.

10. Conduct public awareness campaigns to disseminate information and enhance public understanding of environmental protection responsibilities; encourage facilities to maximize waste recovery, recycling, reuse, and on-site waste treatment.

11. Announce information about the current state of the environment and village craft industry environmental protection efforts through local media and communication channels, through local social-political organizations, and at meetings of the People's Councils and People's Committees at the commune level.

12. Report to the District People's Committee (through the Department of Natural Resources and Environment) on the operational status, waste generation, and waste management of village crafts within the area once annually before October 30 each year or as required (Report form in Appendix 06).

Article 15. Responsibilities of the District People's Committee

1. Conduct surveys, statistics, and compile lists of types of activities of facilities in village crafts classified into Group A, Group B, and Group C as stipulated in Clause 1, Article 4 of this Circular.

2. Develop and submit plans for environmental protection in village crafts of the locality and organize implementation after approval.

3. Prioritize allocation of environmental public expenditure funds to communes with recognized village crafts from other state budget sources for investment, construction, and upgrading of waste treatment infrastructure in village crafts.

4. Plan and review industrial cluster zoning or arrange livestock areas and centralized production zones outside residential areas in compliance with environmental protection regulations; invest and upgrade infrastructure to ensure relocation of facilities or production stages causing environmental pollution out of residential areas as prescribed in Clause 2, Article 8 of this Circular.

5. Formulate and implement plans for relocating facilities or production stages causing environmental pollution out of residential areas as prescribed in Clause 2, Article 8 of this Circular.

6. Conduct inspections, audits, and organize registration or authorize the Commune People's Committee to organize registration of Environmental Protection Commitments and Simple Environmental Protection Programs for facilities in village crafts as prescribed.

7. Direct the development, approval, and monitoring of implementation of environmental protection content in village craft customs and regulations.

8. Conduct public awareness campaigns to disseminate environmental protection laws to local authorities, self-governing organizations for environmental protection, and community residents in communes with village crafts; organize activities to encourage facilities to adopt cleaner production methods, environmentally friendly technologies, and waste collection and recycling.

9. Announce information about the current state of the environment and village craft environmental protection efforts through local media and at meetings of the People's Committee and People's Council at the district level.

10. Direct the Department of Natural Resources and Environment to compile and report to the Provincial People's Committee (through the Department of Natural Resources and Environment) on the operational status, waste generation, and waste management of village crafts within the area once annually before November 15 each year or as required (Report form in Appendix 07).

Article 16. Responsibilities of Provincial People's Committees

Direct departments, agencies, and the District People's Committee to implement environmental protection contents in village crafts within the area, specifically as follows:

1. Plan rural industry development linked with environmental protection regulations.

2. Assess the degree of environmental pollution in village crafts, develop plans, and allocate funds to address environmental pollution in village crafts.

3. Plan and allocate funds for constructing environmental infrastructure for recognized village crafts. Direct planning and allocation of funds for constructing industrial park, industrial cluster, or livestock and centralized production zone infrastructure outside residential areas in compliance with environmental protection regulations to relocate facilities or production stages causing environmental pollution out of residential areas as prescribed in Clause 2, Article 8 of this Circular.

4. Prioritize allocation of local government budget and other financial resources for village craft environmental protection activities. Prioritize allocation of environmental public expenditure funds to communes, wards, and towns with recognized village crafts to organize implementation of environmental protection activities according to the Inter-Ministerial 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 expenditure funds.

5. Manage the collection, transportation, recycling, and treatment of rural waste, including waste generated from village craft facility operations.

6. Investigate, detect, and handle violations of environmental protection laws by village craft facilities.

7. Disseminate experiences, train, and provide information on environmentally friendly production, management, science, and technology or organize exhibitions, trade fairs, and promotion of environmentally friendly products for village craft facilities in the locality.

8. Announce information about the current state of the environment and village craft environmental protection efforts through local media and at meetings of the People's Committee and People's Council at the provincial level.

9. Organize recognition of village crafts in accordance with the provisions of Article 7 of this Circular.

10. Develop, issue, or submit to competent authorities for issuance of regulations and support policies for facilities required to relocate out of residential areas or change production industries.

Article 17. Responsibilities of the Department of Natural Resources and Environment

1. Take the lead and coordinate with the People's Committee at the district level to conduct investigations and assess the degree of environmental pollution in craft villages; develop plans, solutions, and timelines for protecting the environment and treating environmental pollution in craft villages within the province; submit these plans to the provincial People's Committee for approval and organize their implementation.

2. Coordinate with relevant provincial agencies to develop planning for rural industry development in conjunction with regulations on environmental protection.

3. Coordinate with the Department of Finance in allocating and monitoring the use of funds from environmental public services for localities with craft villages.

4. Coordinate with the Department of Science and Technology and the Department of Industry and Trade to support technical solutions for waste treatment, environmentally friendly production technologies; cleaner production solutions and energy savings.

5. Take the lead or coordinate with the Department of Health, the Department of Industry and Trade, the People's Committee at the district level, the People's Committee at the commune level, and political-social organizations, associations, and community representatives to promote education and raise awareness about environmental hygiene and protection in craft villages.

6. Organize the collection of fees for environmental protection on wastewater, exhaust gas, and solid waste from facilities within craft villages according to regulations.

7. Review Environmental Impact Assessment Reports and Detailed Environmental Protection Programs for facilities within craft villages within the scope of authority; implement environmental monitoring in craft villages.

8. Take the lead or coordinate with the People's Committee at the district level and the People's Committee at the commune level to organize inspections, supervision, and guidance for facilities to comply with environmental protection laws within the scope of authority; supervise the public disclosure of information on environmental protection in craft villages.

9. Report to the Ministry of Natural Resources and Environment on the current status of operations, the situation of waste generation and handling in craft villages within the province once annually before December 30 each year or at any time upon request (Report form in Appendix 08).

Chapter IV

IMPLEMENTATION

Article 18. Effective Date

This Circular takes effect from March 1, 2012.

Article 19. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to ministries, agencies under the Government, and Chairpersons of People's Committees at all levels shall organize the implementation of this Circular.

2. The Director of the General Department of Environment shall be responsible for inspecting and urging the implementation of the provisions of this Circular.

3. In the course of implementation, if any difficulties arise, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Natural Resources and Environment for research, amendment, and supplementation as appropriate./.