Decision No. 62/2002/QĐ-BKHCNMT on Issuing the Environmental Protection Regulation for Industrial Zones

DECISION OF THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

ON THE ADOPTION OF THE ENVIRONMENTAL PROTECTION REGULATIONS FOR INDUSTRIAL ZONES

 

THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

On the basis of the Environmental Protection Law dated December 27, 1993;

Pursuant to Directive No. 36/CT-'TW dated June 25, 1998 of the Politburo on strengthening environmental protection work in the era of industrialization and modernization of the country;

Pursuant to the Government Decree No. 175/CP dated October 18, 1994, guiding the implementation of the Law on Environmental Protection;

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

Pursuant to Decree No. 36/CP dated April 24, 1997 of the Government on the issuance of the Industrial Zone, Export Processing Zone, and High-Tech Park Regulations;

At the proposal of the Director of the Environmental Protection Department,

 

DECISION:

Article 1. The attached Decision adopts the Environmental Protection Regulations for Industrial Zones.

Article 2. This Decision takes effect fifteen days after the date of signature.

Article 3. State management agencies responsible for environmental protection; Management Boards of industrial zones, infrastructure development companies of industrial zones, export processing zones, high-tech parks; production and business establishments operating within industrial zones and enterprises in industrial zones and related agencies shall be responsible for implementing this Decision.

 

ENVIRONMENTAL PROTECTION REGULATIONS FOR INDUSTRIAL ZONES

(Adopted by Decision No. 62/2002/QĐ-BKHCNMT dated August 9, 2002

of the Minister of Ministry of Science, Technology and Environment)

PART I

GENERAL PROVISIONS

Article 1.These regulations provide for the unified management of environmental protection in industrial zones, export processing zones, and high-tech parks (hereinafter referred to collectively as industrial zones) with the aim of protecting the environment inside and around industrial zones.

Article 2These regulations apply to all organizations and individuals, whether Vietnamese or foreign, when carrying out activities related to industrial zones in Vietnam to prevent and minimize negative impacts on the environment and public health caused by industrial zones. In these regulations, the terms "industrial zone," "export processing zone," "high-tech park," "provincial-level industrial zone management board," "infrastructure development company of industrial zones," and "industrial zone enterprise" are understood according to the provisions of the Industrial Zone, Export Processing Zone, and High-Tech Park Regulations (issued together with Decree No. 36/CP dated April 24, 1997 of the Government on the issuance of the Industrial Zone, Export Processing Zone, and High-Tech Park Regulations). Other related terms are uniformly understood as follows:

Article 31. Environmental protection in industrial zones refers to activities aimed at maintaining cleanliness, improving the environment, preventing, and mitigating adverse effects caused by industrial zone activities on the environment inside and surrounding the industrial zones.

1.Environmental protection in industrial zones includes activities aimed at maintainingcleanliness within and around industrial zones, improving the environment,preventing and remedying adverse effects caused by such activities; HAPPY 2.of industrialzones on the environment;

2. Infrastructure of industrial zones includes transportation systems, water supply, electricity supply, communication facilities, public works, centralized wastewater treatment systems, parking areas, warehouses, fences, green spaces, waste storage areas, solid waste disposal areas (if any), and emergency prevention and response systems.

3. Environmental monitoring involves observing, sampling, measuring, and analyzing various environmental parameters and indicators to determine the state of the environment at different times and compare them with Vietnamese environmental standards. atdifferent times and comparing them with Vietnam's environmental standards; 5.

4. Other terms such as environment, environmental components, waste, pollutants, environmental pollution, environmental degradation, environmental incidents, environmental standards, environmental impact assessment, ecosystems, biodiversity are understood similarly as in Article 1 and Article 2 of the Law on Environmental Protection. The term "hazardous waste" is understood according to the Hazardous Waste Management Regulations issued together with Decision No. 155/1999/QĐ-TTg dated July 16, 1999 of the Prime Minister. The organization and operation of environmental protection in industrial zones must comply with Vietnamese environmental laws from project approval to construction and throughout the operational period of the industrial zones.

Article 4Provincial-level industrial zone management boards cooperate with provincial-level Departments of Science, Technology, and Environment based on these regulations and other relevant environmental protection legal documents to draft and submit specific guidelines for environmental protection for industrial zones under their jurisdiction to the People's Committee of the province/city directly under the Central Government for promulgation, ensuring environmental safety inside and around industrial zones.

Article 5STAGE OF PROJECT REVIEW FOR THE CONSTRUCTION OF INDUSTRIAL ZONES The selection of the location for industrial zones must be based on the overall planning approved by the province/city where the industrial zone is located, taking into account environmental conditions and factors to ensure feasibility in terms of environmental protection and emergency response.

 

PART II

The land planning and technical design of industrial zones must meet the following requirements:

Article 6.

1. Industrial clusters must be reasonably zoned, ensuring optimal mutual interaction and minimizing adverse impacts on the surrounding environment;

, Clause 1, Clause 2 Article 7a of this Regulation.2. Ensure separate drainage networks for stormwater and industrial wastewater from member establishments, key facilities, and domestic sewage;

3. Have a centralized wastewater treatment plant with a technical design approved by the competent authority, ensuring that all industrial wastewater during stable operation meets environmental discharge standards before being discharged into receiving water bodies;

4. Have a transfer station and/or temporary storage facility for industrial solid waste and hazardous waste with a technical design approved by the competent authority;

5. Have an environmental emergency response system (both equipment and personnel), ensuring readiness to respond to emergencies occurring within the industrial zone;

6. The area allocated for planting protective greenery must not be less than the minimum level stipulated by current construction standards and must be reasonably distributed along with suitable tree species;

7. Reserve an area for expansion and/or construction of additional treatment facilities in the centralized wastewater treatment system of the industrial zone when discharge standards become stricter due to the need to protect the quality of receiving water bodies.

6.The area allocated for planting protective greenery shall not be less than the minimumlevel stipulated by current construction technical regulations and must be rationallydistributed along with suitable plant species;

7.There shall be reserved areas for expanding and/or constructing additional treatmentfacilities in the centralized wastewater treatment system of the industrial zone whendischarge standards are tightened due to the need to protect water quality safety ofreceiving water sources.

Article 8The industrial zone infrastructure development company shall prepare an Environmental Impact Assessment Report for its industrial park investment project in accordance with current regulations to be reviewed by the Ministry of Science and Technology and Environment.

Article 9.In cases where there is a need to exploit underground and/or surface water at the site to supply production and daily life activities within the industrial park, the industrial zone infrastructure development company must develop an exploitation plan to submit to competent authorities for review in accordance with the law. The approval of competent authorities for exploitation serves as the basis for the Ministry of Science and Technology and Environment to approve the Environmental Impact Assessment Report of the industrial park.

Article 10.Within sixty days from receiving complete files requesting the examination of the Environmental Impact Assessment Report for the construction of the industrial park, the Ministry of Science and Technology and Environment will conduct the examination and issue a decision to approve the Environmental Impact Assessment Report if it deems the conditions to be met.

 

CHAPTER III

THE CONSTRUCTION STAGE OF INDUSTRIAL ZONE INFRASTRUCTURE

Article 11.The industrial zone infrastructure development company may only commence construction of infrastructure projects within the industrial park after the project has been granted a decision approving the Environmental Impact Assessment Report.

Article 12The industrial zone infrastructure development company is responsible for strictly implementing all environmental protection measures throughout the construction stage of the industrial park infrastructure as committed in the approved Environmental Impact Assessment Report.

Article 13During the construction and operation of the industrial park's infrastructure, the project investors and construction units must comply with regular or spot inspections by state management agencies on environmental protection. Violations of current regulations will be handled according to the law.

 

PART IV

REVIEW OF INVESTMENT PROJECTS INTO INDUSTRIAL PARKS

Article 14.Investment projects into industrial parks that have not yet received a decision approving the Environmental Impact Assessment Report are considered separate projects in terms of fulfilling environmental responsibility and environmental procedures as stipulated by the Law on Environmental Protection and Government Decree No. 175/CP.

Article 15Investment projects into industrial parks that have received a decision approving the Environmental Impact Assessment Report must register to meet environmental standards along with commitments to maintain these standards during the project's operational period, to be submitted to state management agencies on environmental protection in accordance with current regulations during the application for investment permission phase.

Article 16Investment projects into industrial parks must align with the industries registered in the Environmental Impact Assessment Report approved by the Ministry of Science and Technology and Environment.

 

CHAPTER V

THE OPERATIONAL STAGE OF THE INDUSTRIAL PARK

Article 17The industrial park can only officially commence operations when the following environmental conditions are met:

1. Detailed planning for industrial clusters has been completed;

2. A power and water supply system capable of meeting usage needs at each stage of development has been established;

3. A complete drainage network for rainwater and wastewater has been constructed;

4. A centralized wastewater treatment station capable of treating effluents to standard levels and suitable for the receiving water body has been set up;

5. Suitable locations and equipment for the temporary storage and/or transfer of industrial solid waste and hazardous waste under hygienic and environmentally safe conditions have been prepared;

6. Means and personnel for responding to environmental emergencies are ready.

Article 18The provincial/municipal Department of Science and Technology and Environment, within their duties and authority, is responsible for reviewing and inspecting compliance with the conditions outlined in Article 17 of this Regulation. If the industrial park falls within the jurisdiction of more than one province/municipality, the relevant Departments of Science and Technology and Environment must coordinate to fulfill this duty.

Article 19As the industrial park develops, in line with the pace of investment projects, the industrial zone infrastructure development company must continue to improve infrastructure systems, particularly those related to the environment, and must complete the entire system when 70% of the planned land area of the industrial park has been developed and utilized.

Article 20Each investment project seeking to operate within the industrial park may only officially commence operations once all components of the waste treatment and/or storage facilities have been fully constructed and successfully tested to meet environmental protection requirements as confirmed by the Environmental Standard Achievement Registration Certificate recognized by the state management agency on environmental protection.

Article 21All enterprises operating within the industrial park that generate air pollutants must implement immediate control and treatment measures at the source of emissions to meet Vietnam's Industrial Emission Standards before discharging into the environment.

Article 22. Enterprises operating within the industrial park that cause noise exceeding permitted levels in production areas must implement noise reduction measures to meet prescribed standards.

Article 23Enterprises operating within the industrial park whose wastewater contains pollutant concentrations exceeding limits set by the industrial zone infrastructure development company must treat their wastewater to permissible standards before discharging it into the industrial park's wastewater network; dilution or infiltration methods for wastewater treatment are strictly prohibited.

The industrial zone infrastructure development company specifies the quality standards for wastewater allowed to be discharged into the industrial park's wastewater network.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."The industrial zone infrastructure development company is responsible for collecting all wastewater from enterprises within the industrial park into the wastewater network, leading to the centralized wastewater treatment plant of the industrial park, and treating it to permissible standards before discharging it into the external environment.

The industrial zone infrastructure development company is responsible for collecting and treating all surface runoff water within the industrial zone into the industrial zone's stormwater drainage network to prevent flooding and must treat it to meet discharge standards before releasing it into the external environment outside the industrial zone.

Article 25. The industrial zone infrastructure development company is responsible for coordinating with units having relevant functions to organize the collection, transportation, and safe disposal of all solid waste discharged from industrial zone enterprises. The sorting and temporary storage of solid waste at each industrial enterprise shall be carried out by the respective industrial enterprises in accordance with specific regulations of the industrial zone.

Article 26. The treatment of industrial zone solid waste may be conducted inside the fence (if the industrial zone has sufficient conditions and obtains approval from competent authorities) or outside the industrial zone fence through a responsibility contract between the industrial zone infrastructure development company and specialized agencies responsible for solid waste treatment.

Article 27. Hazardous waste generated within the industrial zone must be collected, stored, transported, and treated in compliance with technical requirements and current legal regulations.

Article 28Industrial enterprises within the industrial zone that produce, store, and transport radioactive materials, sources of ionizing radiation, toxic substances, and flammable and explosive materials must comply with current Vietnamese regulations.

Article 29. The import and export of raw materials, harmful chemicals, and microorganisms by industrial enterprises within the industrial zone must adhere to current regulations.

Article 30.Industrial enterprises within the industrial zone are responsible for contributing funds to the industrial zone infrastructure development company to implement investment construction, collection, and treatment of their own waste according to agreed contracts.

Article 31When environmental incidents occur, the industrial zone infrastructure development company is responsible for coordinating with the provincial industrial zone management board to promptly implement rescue measures and report immediately to the People's Committee of the province/city directly under the Central Government to mobilize manpower and resources to quickly resolve on-site consequences and issue urgent notifications to competent authorities for support and joint resolution. The industrial zone infrastructure development company is responsible for monitoring the quality of the internal environment and surrounding areas of the industrial zone in accordance with the environmental monitoring program committed to in the Environmental Impact Assessment Report regarding location, frequency, and monitoring criteria; preparing periodic reports every six months on environmental monitoring results and submitting them to the Department of Science, Technology, and Environment. NATIONAL ADMINISTRATION FOR ENVIRONMENTAL PROTECTION IN INDUSTRIAL ZONES

Article 32.The Ministry of Science and Technology and Environment is responsible for unified national administration over environmental protection in industrial zones on Vietnamese territory; organizing, directing, and inspecting the implementation of environmental protection activities in industrial zones.

 

Chapter VI

Within its functional responsibilities, tasks, and authority, the Ministry of Science and Technology and Environment assigns the Environmental Protection Agency to directly administer national environmental protection in industrial zones, including the following contents:

Article 331. Organizing the review of Environmental Impact Assessment Reports for industrial zone construction projects and Environmental Impact Assessment Reports for projects investing in industrial zones without approved Environmental Impact Assessment Reports according to the分级处理如下：

jurisdictional functions, duties, and powers, the Ministry of Science and Technology and Environment entrusts the Environmental Protection Agency to directly manage national environmental protection in industrial zones, including the following contents: 1. Organizing the review of Environmental Impact Assessment Reports for industrial zone construction projects and Environmental Impact Assessment Reports for projects investing in industrial zones without approved Environmental Impact Assessment Reports according to the分级处理如下：

1. Organizing the review of Environmental Impact Assessment Reports for industrial zone construction projects and Environmental Impact Assessment Reports for projects investing in industrial zones without approved Environmental Impact Assessment Reports according to the分级处理如下：

2. Organizing the review of projects constructing centralized wastewater treatment plants, transfer stations, storage facilities, and hazardous waste landfill sites in industrial zones;

3. Proposing adjustments to permissible emission standards for industrial zones;

4. Organizing the preparation of annual reports on the current state of environmental conditions in Vietnamese industrial zones;

5. Directing and organizing environmental inspection, supervision, and audit activities in industrial zones, resolving complaints and accusations related to environmental protection work in industrial zones, and issuing penalty decisions for violations of Environmental Protection Regulations within its authority;

6. Serving as the focal point for managing and providing technical and technological support information for industrial zone environmental management;

7. Proposing rewards for industrial zones that perform well in environmental protection;

8. Cooperating with functional agencies:

Developing comprehensive planning for the development of industrial zones nationwide in line with economic and social development strategies and environmental protection policies;

Issuing preferential investment policies for environmental protection in industrial zones;

Reviewing priority industries for investment attraction in industrial zones.

Article 34The Department of Science, Technology, and Environment is responsible to the Provincial People's Committee for the work of national administration over environmental protection in industrial zones, while also being directly guided by the Ministry of Science and Technology and Environment on professional matters, business practices, and macro policies to implement the content of national administration over environmental protection in industrial zones as follows:

1. Directing and inspecting the implementation of environmental protection regulations for industrial zones stipulated in this Regulation and other laws and regulations concerning environmental protection;

2. Organizing the examination and issuance of Certificates of Compliance with Environmental Standards and the review of Environmental Impact Assessment Reports for projects investing in industrial zones according to the分级处理如下：

3. Supervise the implementation of environmental protection measures by the company developing industrial zone infrastructure and enterprises within the industrial zone during the construction phase of the industrial zone's infrastructure and throughout the operational period of the industrial zone.

4. Coordinate with central and local agencies to conduct inspections, supervision, and environmental audits of the industrial zone, and handle violations of the Industrial Zone Environmental Protection Regulations within the scope of their assigned authority.

5. Receive and resolve disputes, complaints, and reports regarding environmental protection in the industrial zone within the scope of their assigned authority or transfer them to competent authorities for handling. environmentindustrialzoneauthoritiesassigned

6. Propose rewards for individuals who have made significant achievements in fulfilling environmental protection responsibilities and efforts in combating environmental pollution in the industrial zone.

Article 35The Provincial Industrial Zone Management Board shall be responsible for:

1.Forecasting environmental incidents in the industrial zone, developing emergency response plans and remediation measures, and submitting them for approval by the People's Committee of the province/city directly under the Central Government;

2. Collaborate with the Department of Science, Technology, and Environment to develop and issue guidelines on the collection, transportation, and treatment of solid waste and hazardous waste for industrial zones under its management;

3. Direct, guide, and urge industrial zones under its management to implement environmental protection activities in accordance with regulations.

Article 36The company developing industrial zone infrastructure shall monitor, inspect, and supervise the fulfillment of environmental protection responsibilities by enterprises within the industrial zone, and promptly report any violations by these enterprises to the Provincial Industrial Zone Management Board and the Department of Science, Technology, and Environment for appropriate action.

Article 37The People's Committee of the province/city directly under the Central Government affected by environmental impacts from an industrial zone located in another locality has the right and responsibility to submit issues of environmental pollution discovered in their locality, which may be caused by the industrial zone in another locality, to relevant agencies for consideration and resolution.

 

Chapter VII

ENVIRONMENTAL REPORTING REGIME

Article 38Industrial zone enterprises must report changes in scale, production technology, or waste treatment technology to the Department of Science, Technology, and Environment, the Provincial Industrial Zone Management Board, and the company developing the industrial zone infrastructure where they are located for review, comments, and additional environmental inspections.

Article 39Industrial zone enterprises are required to periodically report on the current environmental status at their facilities to the Provincial Industrial Zone Management Board and the Department of Science, Technology, and Environment. They are legally responsible for the accuracy of the reported data. Reporting is required every six months.

Article 40The company developing industrial zone infrastructure must annually report on the current environmental status, the implementation of environmental protection activities, and the reception and operation of investment projects in the industrial zone, including a summary description of business sectors, capacity, total volume and concentration of various types of waste, and waste treatment methods to the Department of Science, Technology, and Environment and the Provincial Industrial Zone Management Board.

 

Chapter VIII

ENVIRONMENTAL INSPECTION AND AUDIT REGIME

Article 41State management agencies responsible for environmental protection shall conduct regular or spot inspections and audits of production and business activities of companies developing industrial zone infrastructure and enterprises within the industrial zone within their authority and responsibilities.

Article 42 |||The Provincial Industrial Zone Management Board shall coordinate with the Ministry of Science, Technology, and Environment's Environmental Inspection Agency and/or the Department of Science, Technology, and Environment's Environmental Inspection Agency to conduct environmental inspections and audits in industrial zones within their jurisdiction.

Article 43.Companies developing industrial zone infrastructure and enterprises within the industrial zone must provide favorable conditions and all necessary information and documents to inspection and audit teams.

Article 44 |||Audit results shall be sent to inspected entities as a basis for addressing violations (if any) and also submitted to state management agencies responsible for environmental protection and local authorities for monitoring and directing resolution.

Article 45 |||Companies developing industrial zone infrastructure and enterprises within the industrial zone that violate the Industrial Zone Environmental Protection Regulations must strictly comply with all audit requirements within the specified timeframe.

 

CHAPTER IX

REWARD AND HANDLING OF VIOLATIONS

ENVIRONMENTAL PROTECTION REGULATIONS FOR INDUSTRIAL ZONES

Article 46 |||When environmental pollution caused by industrial zone activities is detected, state management agencies responsible for environmental protection will collaborate with provincial industrial zone management boards and relevant agencies to investigate and identify polluters.

Article 47 |||Companies developing industrial zone infrastructure and enterprises within the industrial zone that violate the Industrial Zone Environmental Protection Regulations will be subject to administrative penalties for environmental protection under Decree No. 26/CP dated April 26, 1996, of the Government and current national regulatory documents.

Article 48.Companies developing industrial zone infrastructure and enterprises within the industrial zone that obstruct environmental monitoring, inspection, and audit activities will be documented and referred to the People's Committee of the province/city directly under the Central Government or/and the Ministry of Science, Technology, and Environment for decision-making on handling.

Article 49.The deadline set for companies developing industrial zone infrastructure and enterprises within the industrial zone that violate the Industrial Zone Environmental Protection Regulations to fulfill requirements in the penalty notice is a maximum of three months. If these entities fail to fully comply with the requirements in the previous penalty notice after three months, they will be documented and referred to competent authorities for a decision to suspend activities violating the Industrial Zone Environmental Protection Regulations until full compliance with the audit team's requirements is achieved.

Article 50Organizations and individuals have the right to lodge complaints and reports with state management agencies for environmental protection and related agencies regarding violations of the Environmental Protection Regulations in industrial zones. The agency receiving the complaint or report shall be responsible for examining and resolving them in accordance with the provisions of the law.

Article 51Organizations and individuals operating in industrial zones who achieve outstanding results in environmental protection work will be recommended for awards at corresponding levels according to the current reward system.

 

Chapter X

IMPLEMENTING PROVISIONS

Article 52This Regulation shall take effect fifteen days from the date of signature. All previous regulations that conflict with this Regulation shall be abolished.

Article 53The People's Committee of provinces/cities directly under the Central Government, functional agencies, state management agencies for environmental protection, provincial Industrial Zone Management Boards, Industrial Zone Infrastructure Development Companies, and industrial zone enterprises shall be responsible for implementing this Regulation./.