Decision No. 52/2002/QĐ-BKHCNMT on the issuance of the Regulation on the organization and operation of the Environmental Supervision Board of Cuc Phuong National Park.

Pursuant to …;

REGARDING THE ADOPTION OF REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE ENVIRONMENTAL SUPERVISION BOARD OF CUUC PHUONG NATIONAL PARK.

functions and operations of the Environmental Supervision Council of Cuc Phuong National Park.

MINISTER OF THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on the tasks, authorities, and organizational structure of the Ministry of Science, Technology, and Environment,

Pursuant to Notification No. 75/TB-VPCP dated April 26, 2002 of the Office of the Government, Pursuant to Circular No. 4324/CV-BGTVT dated December 12, 2001 of the Ministry of Transport,

Pursuant to Decision No. 1057/QĐ-BKHCNMT dated May 16, 2002 of the Minister of the Ministry of Science, Technology, and Environment on the establishment of the Environmental Supervision Board of Cuuc Phuong National Park,

Considering the opinion of the Management Board of the Ho Chi Minh Road Project as stated in Circular No. 1065/QLDA dated June 26, 2002,

At the proposal of the Director of the Environment Department,

DECISION:

Article 1. These Regulations on the organization and operations of the Environmental Supervision Board of Cuuc Phuong National Park are hereby adopted.

Article 2. These Regulations shall take effect fifteen days from the date of signature until the completion of construction of the section of road passing through Cuuc Phuong National Park under the Ho Chi Minh Road Project.

Article 3. Members of the Environmental Supervision Board of Cuuc Phuong National Park; Director of the Environment Department; Directors of the Departments of Science, Technology, and Environment of Ninh Binh, Thanh Hoa, and Hoa Binh Provinces; General Director of the Ho Chi Minh Road Project; Heads of Ministries, sectors, and related units are responsible for implementing this Decision.

REGULATIONS

on the organization and operations of the Environmental Supervision Board of Cuuc Phuong National Park

(adopted together with Decision No. 52/2002/QĐ-BKHCNMT

dated July 16, 2002 of the Minister of the Ministry of Science, Technology, and Environment).

 

Chapter I

GENERAL PROVISIONS

Article 1.The Environmental Supervision Board of Cuuc Phuong National Park (hereinafter referred to as the Board) is an inter-sectoral board assisting the Ministry of Science, Technology, and Environment and the Ministry of Transport in inspecting and supervising the implementation of environmental protection measures during the construction of the section of road passing through Cuuc Phuong National Park under the Ho Chi Minh Road Project.

Article 2The Board selects, proposes, and submits to the Ministry of Science, Technology, and Environment for consideration and decision the independent supervision consultant to implement the requirements set forth by the Board.

Article 3The Environment Department serves as the permanent agency, assisting the Board in organizing and implementing the activities proposed by the Board.

Article 4The funding for the environmental supervision activities at Cuuc Phuong National Park is sourced from the Ho Chi Minh Road Project budget, with annual plans and settlements.

Chapter II

ASSIGNMENT OF RESPONSIBILITIES

Article 5The Board operates according to the regulations of an advisory body, with the following responsibilities:

1. Organizing field surveys to delineate the safety corridor of the road.

2. Reviewing and providing comments to the Ministry of Science, Technology, and Environment and the Ministry of Transport on the environmental protection plan for the construction and operation of the section of road passing through Cuuc Phuong National Park under the Ho Chi Minh Road Project.

3. Inspecting and supervising the implementation of environmental protection measures by construction units working on the section of road passing through Cuuc Phuong National Park under the Ho Chi Minh Road Project.

4. Organizing an independent supervision team; directing the content of supervision and reviewing, providing opinions on the reports of the independent supervision team.

5. Preparing comprehensive reports to submit to the Ministry of Science, Technology, and Environment and the Ministry of Transport on the environmental impact of the construction and operation of the section of road passing through Cuuc Phuong National Park under the Ho Chi Minh Road Project.

6. Proposing to the Ministry of Science, Technology, and Environment and the Ministry of Transport recommendations on measures to strengthen environmental protection during the construction and preparation for the operation phase of the section of road passing through Cuuc Phuong National Park under the Ho Chi Minh Road Project.

Article 6Members of the Board have the following responsibilities and authorities:

1. To be provided necessary information and materials about the construction project of the section of road passing through Cuuc Phuong National Park; to keep confidential the information and materials provided in accordance with current laws and return all materials provided upon completion of their tasks.

2. To have the right to question directly involved construction units and the Project Management Board regarding issues related to the environmental protection plan and measures to mitigate environmental impacts of the construction of the section of road passing through Cuuc Phuong National Park under the Ho Chi Minh Road Project.

3. To participate in Board activities and promptly provide contributions to matters related to the Board's tasks.

4. To receive remuneration according to the current state regulations.

, Clause 1, Clause 2 Article 7a of this Regulation.The independent supervision consultant has the following responsibilities:

1. To develop and present to the Board a framework for the environmental monitoring and supervision program according to the Board's requirements.

2. To prepare and submit to the Board reports on measurement, monitoring, and supervision results according to the approved program content and any urgent matters as required by the Board.

3. To propose specialized units to cooperate in implementing the supervision program for the Board's review and decision.

Article 8The Management Board of the Ho Chi Minh Road Project has the following responsibilities:

1. To provide necessary information and materials related to the project to the Board.

2. To develop an environmental protection plan for the Board's review and comment.

3. To direct and urge construction units to implement environmental protection measures during the construction of the section of road passing through Cuuc Phuong National Park under the Ho Chi Minh Road Project.

4. To inform construction units of the Board's and independent supervision consultant's monitoring programs and plans.

5. To coordinate with the Environment Department to handle procedures related to budget planning and approval for environmental supervision activities at Cuuc Phuong National Park; to promptly allocate approved funds for the Board's and independent supervision consultant's activities.

Chapter III

OPERATING REGIME

Article 9.The Chairman of the Environmental Supervision Board convenes and chairs meetings as required by the content and tasks. The Chairman of the Environmental Supervision Board may delegate the Vice-Chairman to chair meetings.

Meeting agendas are prepared by the Environment Department, and members of the Board are responsible for attending fully and correctly.

Article 10.Conduct on-site surveys to monitor the implementation of environmental protection measures by the project proponent once every three months and at any time as required by actual circumstances.

Article 11.Report periodically to the Ministry of Science and Technology and the Ministry of Transport on the environmental monitoring activities of Cuc Phuong National Park every three months and at any time as required by the leadership of both Ministries.

PART IV

IMPLEMENTING PROVISIONS

Article 12. These regulations apply to the Environmental Supervision Council of Cuc Phuong National Park,

The Environment Department, the Management Board of the Ho Chi Minh Highway Project, Cuc Phuong National Park, relevant sectors and localities during the implementation process.

Article 13.These regulations shall take effect fifteen days from the date of signature until the completion of construction of the section passing through Cuc Phuong National Park under the Ho Chi Minh Highway Project.

In case of necessity, the Ministry of Science and Technology will coordinate with the Ministry of Transport to issue a decision to extend the operation period.

Article 14During the implementation process, if there are any difficulties, the Environmental Supervision Council will provide opinions and recommendations for necessary additions and amendments to be submitted to the leadership of the Ministry of Science and Technology and the Ministry of Transport for consideration and decision./.