Circular No. 56/2015/TT-BGTVT stipulates the management of environmental tasks funded by the state budget under the jurisdiction of the Ministry of Transport.

CIRCULAR

Provisions on the management of environmental tasks using state budget funds

managed by the Ministry of Transport B||| ofAccording to the State Budget Law dated December 16, 2002;intention

_________________

According to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to the Environmental Protection Law on June 23, 2014;

According to Decree No. 107/2012/NĐ-CP dated December 20 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Transport;i Resolution of the Environmental Department Director,

these environmental tasks using state budget funds managed by the Ministry of Transport1This Circular stipulates the management of environmental tasks using state budget funds managed by the Ministry of Transport, including: drafting, approving, organizing the implementation of plans, outlines, budgets; inspecting, accepting, transferring products, disseminating results; terminating contracts and settling accounts. 12, 201This Circular applies to organizations and individuals related to the management and implementation of environmental tasks using state budget funds managed by the Ministry of Transport.

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on 1. Environmental tasks are activities prescribed in Clause 1 Article 147 of the Law on Environmental Protection No. 55/2014/QH13 dated June 23, 2014. Environmental tasks are implemented in the forms of projects, programs, and tasks.

The Minister of Transport issues this Circular on the management, examination, issuance, reissuance, and revocation of railway locomotive driving licenses.intention 2. The agency managing environmental tasks (hereinafter referred to as the managing agency) is the Ministry of Transport.i3. The leading agency implementing (hereinafter referred to as the leading agency) is the organization entrusted or contracted by the managing agency to implement environmental tasks. reason.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 4. Principles and Forms of Management of Environmental Tasks

Article 2. Applicability

1. Management principles

Article 3. Explanation of Terms

a) Environmental tasks must ensure practicality, effectiveness, and transparency;

b) Individuals participating in the implementation of environmental tasks shall not be allowed to join review boards for project outline explanations, local acceptance, and ministry-level acceptance of those environmental tasks;

c) Review boards are responsible under the law and before the agencies that established them for the results of their work. The conclusion opinion of the board being "Achieved" is the opinion of at least two-thirds (2/3) of the board members attending the formal session.

2. Forms of management of environmental tasks

a) Environmental tasks are managed through assignment or contract forms;

b) Assignment form: Applied to administrative agencies and affiliated public service units of the Ministry of Transport;

c) Contract form: Applied to units not falling within the scope prescribed in point b, Clause 2 of this Article.

DEVELOPMENT OF PLANS

Article 5. Registration of Environmental Tasks

1. Annually, the managing agency bases on programs, plans, and requirements for state management to issue guidance documents for organizations to register environmental tasks.

2. The registration dossier for environmental tasks must be submitted to the managing agency before May 1st of the year preceding the planning year, including:

a) Registration documents of organizations;

Chapter II

SPECIFIC PROVISIONS

Section 1

b) The environmental task proposal form specified in Appendix 1 issued together with this Circular.

Article 6. Selection of Environmental Tasks

1. Responsibilities of the Environmental Department

a) Compile a list of environmental tasks based on the registrations of organizations;

b) Advise the leadership of the Ministry to establish an advisory board for selecting environmental tasks consisting of: Chairman of the Board, one (01) Vice-Chairman of the Board, and one (01) Secretary Member who is a civil servant of the Environmental Department; Members are representatives from the Finance Department, Science and Technology Department, and other affiliated agencies of the Ministry with relevant expertise;

c) Organize meetings of the advisory board for selecting environmental tasks;

d) Summarize and submit to the Ministry's leadership for consideration and approval of the results of the selection of environmental tasks to be implemented in the planning year before May 31st of the year preceding the planning year.

2. Activities of the Advisory Board for Selecting Environmental Tasks

a) A formal meeting of the Board can only be held when at least two-thirds (2/3) of the number of members as decided in the establishment decision participate (either physically present or via online meeting), including the mandatory presence of the Chairman of the Board or the Vice-Chairman (in case of authorization by the Chairman in his absence) and the Secretary Member;

b) The Secretary of the Board sends the consolidated list of environmental tasks to the Board members five (05) working days before the meeting;

c) Board members attending the meeting have the responsibility to fill out evaluation sheets for selecting environmental tasks according to the model specified in Appendix 2 issued together with this Circular.

d) Compile and submit to the Ministry's leadership for consideration and approval the results of the selection of environmental tasks to be implemented in the previous year's plan before May 31 of the year preceding the planning year.

2. Activities of the Advisory Council for Selecting Environmental Tasks

a) A formal session of the Council may only be convened when at least two-thirds (2/3) of the number of members established by the Decision to establish the Council participate (either physically present at the session or participating via online meeting), including the mandatory presence of the Chairman of the Council or the Vice-Chairman of the Council (in cases where the Chairman has delegated authority due to absence) and the Secretary Member;

b) The Council Secretary sends the consolidated dossier of the list of environmental tasks to the Council members five (05) working days prior to the Council meeting;

c) Members of the Council participating in the session are responsible for completing the evaluation form for selecting environmental tasks according to the model prescribed in Appendix 2 issued together with this Circular.

Article 7. Establishment and Review of Environmental Task Outline Descriptions

1. Based on the results of selecting environmental tasks, the leading agency shall be responsible for establishing the outline description of each task according to the model prescribed in Appendix 3 issued together with this Circular and submit it to the management agency before June 15 of the year preceding the planning year.

2. The review of the environmental task outline descriptions shall be carried out as follows:

a) For environmental tasks where the products are issued in the form of legal normative documents, technical standards and regulations, or are applied and implemented in environmental protection activities such as organizing training courses, seminars, propaganda sessions, conferences; publishing articles in newspapers and magazines; reviewing strategic environmental impact assessments; inspecting environmental protection work and other activities, the Department of Environment shall base on the content of implementation to conduct reviews or seek additional opinions from experts from subordinate agencies and units under the Ministry through written means and conduct reviews.

b) For environmental tasks not falling within the scope specified in point a of this clause, the review of the task outline descriptions shall be conducted through the Review Board.

3. Responsibilities of the Department of Environment

a) Advise the Ministry Leadership to establish the Review Board including: the Chairman of the Board, one (01) Vice-Chairman of the Board, and one (01) Secretary Member who is a civil servant of the Department of Environment; two (02) Opposing Members and Members representing the Financial Department, subordinate agencies and units under the Ministry, and experienced experts with appropriate professional qualifications corresponding to the content and nature of the environmental tasks;

b) Organize meetings to review the environmental task outline descriptions and compile, notify the review results to the leading agency within a period not exceeding three (03) working days from the date of the review meeting;

c) Complete the review of the environmental task outline descriptions before July 5 of the year preceding the planning year.

4. Activities of the Review Board

a) A formal session of the Board can only be held when the head of the task, an authorized representative of the leading agency, and at least two-thirds (2/3) of the number of members as decided in the establishment of the Board participate (either physically present at the session or participating via online meeting), including the mandatory presence of the Chairman of the Board or the Vice-Chairman of the Board (in cases where the Chairman of the Board has delegated authority in their absence), the Secretary Member, and at least one (01) Opposing Member;

b) The Secretary of the Board shall send the environmental task outline descriptions to the Board members five (05) working days before the Board meeting;

c) Board members participating in the session shall be responsible for writing evaluation forms according to the model prescribed in Appendix 4 issued together with this Circular.

5. The leading agency shall be responsible for perfecting the environmental task outline descriptions based on the notification of the review results and submitting them to the management agency before July 15 of the year preceding the planning year.

Article 8. Compilation of Annual Budget Estimate

The Department of Environment shall be responsible for compiling the list, budget estimate, and proposed units to manage the funding of environmental tasks that have been reviewed for the purpose of:

1. Submitting to the Ministry Leadership for signature and submission to the Ministry of Natural Resources and Environment;

2. Sending to the Financial Department for compilation and preparation of the annual budget estimate, submitting to the Ministry Leadership for signing the letter to the Ministry of Finance in accordance with the schedule stipulated in the State Budget Law.

Section 2

IMPLEMENTATION

Article 9. Allocation and assignment of state budget estimates

1. Basis for drafting the draft allocation of state budget estimates

a) The Prime Minister's Decision and the Ministry of Finance's Decision assigning state budget estimates to the Ministry of Transport;

b) List of environmental tasks announced by the Ministry of Natural Resources and Environment to the Ministry of Transport;

c) List of environmental tasks stipulated in Article 8 of this Circular;

d) Urgent tasks assigned by the Minister of Transport (if any).

2. Responsibilities of the Environmental Department

a) Based on Clause 1 of Article 9, establish the list of environmental tasks for the planning year according to the model prescribed in Appendix 5 issued together with this Circular and send it to the Financial Department for consolidation, seeking the agreement of the Ministry of Finance;

b) Submit the list of environmental tasks for the planning year to the leadership of the Ministry for approval after obtaining the agreement of the Ministry of Finance;

c) Review and submit to the leadership of the Ministry for approval the explanatory outline and budget estimate of environmental tasks assigned state budget estimates in the planning year according to the model prescribed in Appendix 6 issued together with this Circular;

d) Coordinate with the Ministry's Office to sign contracts for implementing environmental tasks with the leading agency specified in point c, Clause 2 of Article 4 of this Circular. The contract model is prescribed in Appendix 7 issued together with this Circular.

3. Responsibilities of the Financial Department

a) Consolidate the list of environmental tasks mentioned in point a, Clause 2 of Article 9 into the draft plan for allocating budget expenditure estimates of the Ministry of Transport for the planning year, and submit it to the leadership of the Ministry for review and seek the agreement of the Ministry of Finance;

b) Take the lead and coordinate with the Environmental Department and related parties to clarify the reasons and propose solutions when the Ministry of Finance does not agree with the draft plan for allocating budget estimates;

c) Based on the list of environmental tasks mentioned in point b, Clause 2 of Article 9, draft the Decision assigning budget estimates to the leading agency and submit it to the leadership of the Ministry.

4. The leading agency shall be responsible for reviewing the explanatory outline and budget estimate of environmental tasks based on the allocated state budget estimates and submit them for approval by the management agency.

5. Environmental tasks that have been selected in the results of the planning year but have not yet been allocated funds shall be considered and included in the priority implementation list for the next planning year.

Article 10. Implementation, adjustment, suspension, inspection of environmental task execution

1. Responsibilities of the leading agency

a) Implement environmental tasks strictly in accordance with the approved content, schedule, and budget estimate, and signed contracts;

b) When there is a proposal to change, adjust the content, schedule, budget estimate, or contract for implementing environmental tasks, or suspend the implementation of environmental tasks, report in writing along with the Proposal Form according to the model prescribed in Appendix 8 issued together with this Circular for the management agency to consider and decide, and only implement changes, adjustments, or suspensions upon receiving written approval from the management agency;

c) Regularly prepare reports every six (06) months to the management agency on the progress of implementing environmental tasks according to the model prescribed in Appendix 9 issued together with this Circular;

d) Prepare complete files as the basis for settlement and finalization of work volume already completed in cases where environmental tasks are suspended, including: Report on the process of implementing environmental tasks and the reasons for the suspension of environmental tasks; Decision to suspend the implementation of environmental tasks; Inspection record and confirmation of work volume already completed; Relevant payment vouchers.

2. Responsibilities of the Environmental Department

a) Advise and report to the Ministry's leadership on the handling measures for proposals to change, adjust the content, schedule, or budget estimate of environmental tasks, or suspend the implementation of environmental tasks by the leading agency within five (05) working days from the date of receipt of all necessary documents;

b) Organize supervision, inspection, and evaluation of the implementation of environmental tasks regarding content, schedule, and financial situation;

c) Report to the Ministry's leadership on the results of inspecting and evaluating the implementation of environmental tasks and propose handling measures (if any);

d) In cases where the handling of environmental tasks leads to changes in the budget expenditure estimate, the Environmental Department shall notify in writing to the Financial Department so that the Financial Department can proceed with the procedures to adjust the budget expenditure estimate.

3. Depending on the actual implementation of environmental tasks, the forms of handling for environmental tasks include:

a) Adjusting funding, content, and implementation schedule;

b) Suspending the implementation of environmental tasks in cases of serious violations concerning the use of funds, content, and schedule that have been approved.

Section 3

SETTLEMENT AND DISSEMINATION OF IMPLEMENTATION RESULTS

Article 11. Acceptance of Results

1. Annually, environmental tasks must be evaluated and the results of implementation accepted at the acceptance council at the basic level and the acceptance council at the Ministry level according to the approved content and budget, except for environmental tasks specified in point a, Clause 2, Article 7 of this Circular.

2. The basic-level acceptance council shall be established by the head of the leading agency and shall include: the Chairman of the Council, one (01) Vice-Chairman of the Council, and one (01) Secretary Member representing the leading agency; two (02) Review Members and other Members representing the Department of Environment, subordinate agencies and units under the Ministry, and experts with relevant experience and expertise corresponding to the content and nature of the environmental task.

3. The Ministry-level acceptance council shall be established by the Ministry of Transport and shall include: the Chairman of the Council, one (01) Vice-Chairman of the Council, and one (01) Secretary Member who is a civil servant from the Department of Environment; two (02) Review Members and other Members representing subordinate agencies and units under the Ministry, and experts with relevant experience and expertise corresponding to the content and nature of the environmental task.

4. For environmental tasks specified in point a, Clause 2, Article 7 of this Circular:

a) The leading agency shall submit a report on the process of implementing the environmental task along with the product file to the management agency.

b) Within three (03) working days from the date of receiving all files, the Department of Environment shall be responsible for reviewing and evaluating the results of implementing the environmental task.

c) If the file meets the requirements, the Department of Environment shall confirm completion according to the model prescribed in Appendix 10 issued together with this Circular.

d) If the file does not meet the requirements, the Department of Environment shall notify the leading agency to supplement and complete it.

Article 12. Organization of Acceptance of Implementation Results at the Basic Level

1. The leading agency shall be responsible for organizing the acceptance of the implementation results of environmental tasks at the basic level within fifteen (15) working days from the date of receiving the full proposal file from the task leader.

2. The proposal file for accepting the implementation results of environmental tasks at the basic level shall include:

a) One (01) proposal letter for acceptance of the implementation results from the task leader;

b) Decision approving the detailed plan and budget of the environmental task (photocopy or scanned copy);

c) All results implemented according to the approved content and budget including comprehensive reports, specialized reports, seminar files, survey reports, monitoring results, design files, and other files;

d) The number of documents at points b and c of this clause shall equal the number of council members as stipulated in the establishment decision.

3. Content of Evaluation at the Basic Level

a) Quantity of products;

b) Quality of each product;

c) Implementation methods;

d) Proposals for improving products.

4. Activities of the Basic-Level Acceptance Council

a) A formal session of the Council can only be held when at least two-thirds (2/3) of the members participate (either present in person or participating via online meeting), including the Chairman of the Council or the Vice-Chairman (in case of absence, authorized by the Chairman), the Secretary Member, and at least one (01) Review Member.

b) Members attending the session shall be responsible for filling out evaluation forms according to the model prescribed in Appendix 11 issued together with this Circular.

c) The Secretary Member shall be responsible for recording the minutes of the basic-level acceptance council session according to the model prescribed in Appendix 12 issued together with this Circular.

d) The basic-level acceptance council shall classify the results of implementing environmental tasks into one of two levels: Pass or Fail.

5. For Environmental Tasks Classified as Pass:

a) Within three (03) working days from the date of the acceptance meeting, the leading agency shall be responsible for sending the acceptance result notification along with the meeting minutes to the task leader.

b) Within fifteen (15) working days from the date of the acceptance meeting, the task leader shall be responsible for completing the product file of the environmental task and submitting it to the leading agency.

c) Within seven (07) working days from the date of receiving the full file from the task leader, the leading agency shall be responsible for reviewing the completion of the product by the task leader.

d) If the product meets the requirements, the leading agency shall prepare a file to request the acceptance of the implementation results of the environmental task at the Ministry level.

đ) If the product does not meet the requirements, the leading agency shall notify the task leader to continue completing it.

6. For Environmental Tasks Classified as Fail:

a) The leading agency shall report to the management agency in writing along with the entire acceptance file and propose measures for handling.

b) In cases where additional time is needed to complete the task, all costs incurred to implement the task shall be borne by the task leader. The re-evaluation of the environmental task after the extended implementation period will follow the provisions of Clauses 1, 2, 3, and 4 of this Article.

c) For other cases, the management agency shall conduct an inspection record, confirm the volume of work completed, and recover funds.

7. Recovery of Funds

a) The management agency is the authority to decide on the recovery of funds.

b) The amount of recovered funds shall be based on the inspection record confirming the volume of work completed between the management agency and the leading agency.

c) The Finance Department shall coordinate with the Department of Environment to advise the Ministry Leadership on the implementation of fund recovery.

Article 13. Organization for Evaluation and Acceptance of Results at the Ministry Level

1. The evaluation and acceptance of results at the ministry level shall be conducted within fifteen (15) working days from the date the management agency receives all necessary documents from the leading agency.

2. The application documents for evaluation and acceptance of environmental task results at the ministry level include:

a) One (01) request document for evaluation and acceptance of environmental tasks from the leading agency;

b) One (01) set of evaluation forms, opinions, and comments from members of the Evaluation Council and minutes of the basic-level acceptance council meeting (photocopies or scanned copies);

c) Decision approving the detailed plan and budget of the environmental task (photocopies or scanned copies);

d) A comprehensive report on the implementation of the task with a cover page model as prescribed in Appendix 13 issued together with this Circular and other reporting products according to the approved content of the task;

đ) The number of documents at points c and d of this clause equals the number of Evaluation Council members.

3. Content of Evaluation at the Ministry Level

a) Quality of products;

b) Progress in implementing the task;

c) Degree of completion of objectives;

d) Contents requiring further review and improvement.

4. Activities of the Ministry-Level Acceptance Council

a) The formal session of the Council can only be held when representatives authorized by the leading agency and two-thirds (2/3) or more of the Council members as decided in the establishment decision participate (either physically present or via online participation), including the Chairman or Vice-Chairman of the Council (in case of authorization by the Chairman in absence), the Secretary Member, and at least one (01) Reviewing Member;

b) Members participating in the session have the responsibility to fill out the evaluation form according to the model prescribed in Appendix 14 issued together with this Circular;

c) The Secretary Member has the responsibility to record the minutes of the Council's acceptance session at the ministry level according to the model prescribed in Appendix 15 issued together with this Circular;

d) The Council ranks the results of the environmental task implementation as follows: Pass, Fail.

5. For environmental tasks ranked as Pass:

a) Within no more than three (03) working days from the acceptance meeting date, the Environmental Department will compile and notify the acceptance results to the leading agency;

b) Within fifteen (15) working days from the acceptance meeting date, the leading agency is responsible for completing the environmental task according to the acceptance result notification and submitting the product to the management agency;

c) Within no more than seven (07) working days from receiving all documents, the Environmental Department is responsible for reviewing the completion of the product by the leading agency;

đ) In case the product meets requirements, the Environmental Department confirms the completion of the environmental task according to the model prescribed in Appendix 10 issued together with this Circular;

đ) In case the product does not meet requirements, the Environmental Department notifies in writing for the leading agency to continue improving.

6. For environmental tasks ranked as Fail:

a) The management agency seeks additional opinions from experts to ensure objectivity and accuracy;

b) In case an extension of time is needed to complete the task, all costs incurred for implementing the task after the extension shall be borne by the leading agency;

c) Re-evaluation of the environmental task after the extension of the implementation period as stipulated in Clauses 1, 2, 3, and 4 of this Article;

d) For other cases, the management agency records the minutes confirming the volume of work completed and recovers the funds.

7. Recovery of Funds

Recovery of funds is carried out according to Clause 7 of Article 12 of this Circular.

Article 14. Submission of products and application of results from environmental tasks

1. The leading agency shall be responsible for completing the dossier and products of the environmental task and transferring them to the management agency (through the Department of Environment) in writing, including:

a) Documentation: one set of printed copies and one set of soft copies on data storage devices (CDs, USB drives, and other storage forms);

b) A summary of the completed environmental task content to be published on the Ministry of Transport's electronic portal;

c) A receipt for the transfer and acceptance of assets formed during the implementation of the environmental task for management and use;

d) Other related transfer contents (if any).

2. The submission document is the basis for confirming the completion of the environmental task.

3. The Department of Environment and the leading agency shall be responsible for organizing the dissemination and application of the results of the environmental task in practice.

Section 4

FINAL ACCOUNTING AND CONTRACT TERMINATION

Article 15. Final accounting

1. Annually, the leading agency shall be responsible for preparing a final accounting report according to the fiscal year budget and submitting it to the management agency as prescribed.

2. The higher budgetary unit (budgetary unit level II) of the unit entrusted with managing the funds for environmental tasks shall conduct a review and approval of the final accounting for completed environmental tasks as prescribed.

3. The Department of Finance shall be responsible for reviewing the final accounting reports for completed environmental tasks of budgetary units at level II and conducting a review and approval of the final accounting for completed environmental tasks of budgetary units at level III directly under the Ministry, while proposing solutions for handling assets purchased from state budget funds for environmental tasks to be submitted for approval by the Minister (if applicable).

Article 16. Contract termination for the implementation of environmental tasks

The Department of Environment shall cooperate with the Ministry Office to terminate contracts for the implementation of environmental tasks signed with the leading agency within seven (07) working days from the date of receiving all products of the environmental task as stipulated in Clause 1, Article 14 of this Circular. The Model of the Contract Termination Record is specified in Appendix 16 issued together with this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 17. Transitional Provisions

The consideration and resolution of applications for changes, adjustments to content, progress, budget estimates, contracts, or evaluations, acceptance, suspension of implementation of projects using state budget funds for national target programs: responding to climate change, efficient energy use shall be carried out as follows:

1. In cases where the dossier is accepted by the leading agency and the management agency before the effective date of this Circular, it shall continue to be implemented according to Circular No. 13/2010/TT-BGTVT dated June 7, 2010, of the Minister of Transport on the management of environmental tasks in the transport sector funded by state budget funds.

2. In cases where the dossier is accepted by the leading agency and the management agency after the effective date of this Circular, it shall be implemented according to this Circular.

Article 18. Implementation Organization

1. This Circular takes effect from December 1, 2015, and replaces Circular No. 13/2010/TT-BGTVT dated June 7, 2010, of the Minister of Transport on the management of environmental tasks in the transport sector funded by state budget funds.

2. The Director of the Ministry Office, the Inspector General of the Ministry, the Heads of Departments, the Heads of agencies and organizations, and individuals concerned shall be responsible for implementing this Circular based on their assigned functions and tasks.

3. During the implementation of this Circular, if there are any difficulties, the relevant agencies and units shall promptly reflect them in writing to the Ministry of Transport for consideration and resolution./.