Circular No. 70/2020/TT-BCA on the management and use of technical systems for environmental pollution treatment in the People's Public Security

CIRCULAR

Regulations on management and use of technical systems for environmental pollution treatment in the People's Public Security

handling environmental pollution in the People's Police Force

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

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

On the basis of the Law on Water Resources dated June 21, 2012;

Pursuant to Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of Public Assets;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Upon the proposal of the Director of the Health Bureau;

The Minister of Public Security issues this Circular to regulate the management and use of technical systems for environmental pollution treatment in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the management and use of technical systems for environmental pollution treatment in the People's Public Security.

2. This Circular applies to units of public security agencies at all levels (referred to collectively as units) and organizations and individuals involved in the management and use of technical systems for environmental pollution treatment in the People's Public Security.

Article 2. Interpretation of Terms

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

1. Technical system for environmental pollution treatment (abbreviated as system) refers to a system comprising works and technical equipment for treating domestic water, wastewater, exhaust gas, and solid waste.

2. Technology transfer unit refers to a unit providing, installing equipment, constructing systems, guiding, and training technical expertise and technology.

3. Technical expertise unit refers to a unit with the capacity and expertise suitable for the technology of the system.

4. System management and operation staff refers to a dedicated or part-time staff member assigned by the head of the public security unit to manage and operate the system.

Article 3. Principles of management and use of the system

1. Strictly comply with all regulations regarding system operation guidance, maintenance, repair, and overhaul.

2. Manage and use the system according to its intended purpose, functionality, effect, and designed capacity.

3. Fully implement regulations on water resource exploitation permits, source emission registration, discharge permit, environmental monitoring, and other relevant laws before operating and using the system.

Chapter II

SPECIFIC PROVISIONS

Article 4. Registration and issuance of permits in accordance with environmental protection laws

Units investing in and constructing technical systems for environmental pollution treatment must fully comply with legal provisions on registration and issuance of permits prior to system operation, specifically:

1. For groundwater used for domestic water supply: Register and obtain a permit for water resource exploitation and utilization in accordance with Article 44 and Article 45 of the Water Resources Law 2012 and detailed implementing regulations and guidelines for this Law.

2. For wastewater: Register and obtain a permit for discharging wastewater into water sources in accordance with Article 37 of the Water Resources Law 2012 and detailed implementing regulations and guidelines for this Law.

3. For hazardous waste: Register as a source of hazardous waste and obtain a Hazardous Waste Source Registration Book in accordance with Article 90 of the Environmental Protection Law 2014 and detailed implementing regulations and guidelines for this Law.

4. For industrial exhaust gas: Register as a source of industrial exhaust gas and obtain a permit for discharging industrial exhaust gas in accordance with Article 64 of the Environmental Protection Law 2014 and detailed implementing regulations and guidelines for this Law.

Article 5. Personnel for management and use of the system

1. The head of the unit managing and using the system shall assign dedicated or part-time staff based on the number of systems provided. Assignment of tasks must be documented in writing and kept in the system management and use file.

2. Staff assigned to manage and use the system must be directly trained, instructed, and their professional qualifications tested by the technology transfer unit or the technical expertise unit to ensure they thoroughly understand the procedures for managing and using the system.

Article 6. System management and usage records

1. The unit managing and using the system shall be responsible for establishing and managing the system's records.

2. The system management and usage records include:

a) System design records, completion records;

b) Operation and maintenance guidance materials;

c) Situation handling guidance materials when the system encounters incidents or malfunctions;

d) Personnel assignment documents for management and operation tasks;

đ) Operation logbook;

e) Maintenance and repair logbook;

g) Reports on the management and usage situation of the system and other reports related to the system;

h) Other related documents (if any).

3. The materials specified in points b and c Clause 2 of this Article must be transferred by the technology transfer unit with its seal and confirmation, and the Health Administration must review the content.

Article 7. System operation

1. System management and operation staff must strictly follow the operating procedures they have been trained in and the operation guidance materials stipulated in point b Clause 2 of Article 6 of this Circular.

2. Properly control and fully utilize raw material and energy indices used for the system according to the operation guidance materials stipulated in point b Clause 2 of Article 6 of this Circular.

3. For each system, there must be an operation logbook, and the operation staff must record the operation logbook thoroughly according to Model No. 01 issued together with this Circular.

Article 8. System maintenance

1. The unit managing and using the system shall be responsible for establishing and approving plans for regular cleaning, maintenance, and servicing of the system according to the operation and maintenance guidance materials stipulated in point b Clause 2 of Article 6 of this Circular.

2. The unit managing and using the system must cooperate with the technology transfer unit or technical specialist unit to carry out cleaning, maintenance, and servicing according to the plan. System maintenance activities must be recorded thoroughly in the maintenance and repair logbook according to Model No. 02 issued together with this Circular.

Article 9. Handling situations when the system encounters incidents or malfunctions

1. During operation, if the system encounters incidents or malfunctions, the unit managing and using the system must immediately implement measures to address the incident according to the situation handling guidance materials stipulated in point c Clause 2 of Article 6 of this Circular.

2. In cases where self-repair is not possible, the unit managing and using the system must report to the direct superior management authority and the Health Administration for guidance.

3. The results of incident resolution and repairs must be fully recorded in the maintenance and repair logbook according to Model No. 02 issued together with this Circular, and simultaneously reported to the direct superior management authority and the Health Administration for monitoring and tracking.

Article 10. System renovation, upgrade, and expansion

1. The system will undergo renovation, upgrade, or expansion in the following cases:

a) The system capacity does not meet actual processing needs;

b) The system has deteriorated and the post-processing quality does not meet environmental technical standards and regulations;

c) There are changes in the applicable technical standards that exceed the system's processing capabilities.

2. In the case stipulated in Clause 1 of this Article, the unit managing and using the system shall develop a renovation, upgrade, and expansion plan for the system and submit one (01) set of records to the direct superior management authority and the Health Administration. The records include:

a) A letter regarding the renovation, upgrade, and expansion of the system;

b) Plans, design records, and cost estimates for the renovation, upgrade, and expansion of the system;

c) Inspection records of the current status of the system;

d) Other related documents (if any).

3. Within twenty-five (25) working days from the date of receipt of the records from the unit managing and using the system, the Health Administration shall take the lead, coordinate with the direct superior management authority of the unit managing and using the system (if necessary, seek opinions from relevant specialized agencies), inspect and report to the leadership of the Ministry of Public Security for investment decision-making.

4. The Health Administration shall be responsible for informing the opinion of the Ministry of Public Security's leadership and guiding the unit managing and using the system to implement accordingly.

Article 11. Transfer, Liquidation, Sale of Systems

1. Systems shall be transferred in the following cases:

a) They have been approved for investment or installed but there has been a change in the object or location of investment;

b) When there is a change in the managing agency, organizational structure, or management level;

c) Other cases as prescribed by the Law on Management and Use of Public Assets 2017 and detailed regulations and guidance documents implementing this Law.

2. The authority, procedures, and formalities for transfer shall be carried out in accordance with the provisions of the Law on Management and Use of Public Assets 2017, detailed regulations and guidance documents implementing this Law, and regulations of the Ministry of Public Security on the management and use of public assets.

3. Systems shall be liquidated or sold in the following cases:

a) The systems have reached their end-of-use period according to the manufacturer's guidelines and cannot continue to be used;

b) The systems have not yet reached their end-of-use period but are damaged and cannot be repaired or the repair costs exceed 30% of the total investment cost of the system.

c) Other cases as prescribed by the Law on Management and Use of Public Assets 2017 and detailed regulations and guidance documents implementing this Law.

4. The authority, procedures, and formalities for liquidation and sale, as well as the management and use of funds from such liquidation and sale, shall be carried out in accordance with the provisions of the Law on Management and Use of Public Assets 2017, detailed regulations and guidance documents implementing this Law, and regulations of the Ministry of Public Security on the management and use of public assets.

5. Before and after implementing the measures stipulated in Clause 1 and Clause 3 of this Article, the managing and using units must report in writing to the Health Department for guidance, monitoring, and management.

Article 12. Financial Regime for Operation, Maintenance, Repair, Environmental Monitoring, and Improvement, Upgrading, Expansion of Systems

1. Funds for the operation, maintenance, and repair of systems as stipulated in Articles 7, 8, and 9 of this Circular, and environmental monitoring funds as stipulated in Clause 4 of Article 13 of this Circular, shall be guaranteed from the regular budget of the unit.

2. Funds for the improvement, upgrading, and expansion of systems as stipulated in Article 10 of this Circular shall be guaranteed from the environmental affairs budget, development investment budget, and other lawful sources.

Article 13. Responsibilities of Units Managing and Using Systems

1. Manage and use systems in accordance with this Circular.

2. Implement statistical, accounting, inventory, and revaluation regimes as stipulated in Article 38 of the Law on Management and Use of Public Assets 2017 and detailed regulations and guidance documents implementing this Law.

3. Annually report the results of managing and using systems according to Form No. 03 issued together with this Circular to the Ministry of Public Security (through the Health Department) for management and monitoring; submit ad hoc reports when the system encounters incidents or plans for improvement, upgrading, and expansion of the system.

4. Organize environmental parameter and index monitoring, evaluate the effectiveness of system treatment according to the correct procedure.

5. Allocate and manage funds to maintain operations, maintenance, repair of systems, and environmental monitoring in accordance with the regulations.

6. Bear responsibility for the deterioration, damage, pollution, and environmental impact caused by improper management and use of systems contrary to procedures and regulations.

Article 14. Responsibilities of the Health Administration Bureau

1. Assist the Ministry of Public Security leadership in uniformly managing the use of technical systems for environmental pollution treatment within the People's Police.

2. Organize inspections and supervision of the management and use of technical systems for environmental pollution treatment within the People's Police.

3. Guide units in managing and using systems to develop plans for renovation, upgrading, and expansion of these systems. Coordinate with the Planning and Finance Bureau to compile annual and long-term financial requirements and report to the Ministry of Public Security leadership.

Chapter III

IMPLEMENTATION

Article 15. Effective Date

1. This Circular takes effect from August 6, 2020, and replaces Decision No. 576/QĐ-BCA-H41 dated January 23, 2014 of the Ministry of Public Security on the management and use of technical systems for environmental pollution treatment within the People's Police.

2. In cases where referenced documents in this Circular are amended, supplemented, replaced, or newly issued, they shall be implemented according to the new provisions.

Article 16. Responsibility for Implementation

1. Heads of subordinate units under the Ministry of Public Security, Directors of Public Security of provinces and centrally-administered cities are responsible for organizing the implementation of this Circular.

2. The Health Administration Bureau leads in assisting the Ministry of Public Security leadership in urging and inspecting the implementation of this Circular.

3. During the implementation process, if there are difficulties or obstacles, public security units and localities shall report to the Ministry of Public Security (through the Health Administration Bureau) for timely guidance and resolution./.