Circular No. 76/2009/TT-BNNPTNT guiding the management of environmental protection tasks under the Ministry of Agriculture and Rural Development

CIRCULAR

Guidelines for managing environmental protection tasks under

dated November 17, 2020;

_____________________

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development, and Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government;

Pursuant to the Environmental Protection Law 2005;

Pursuant to Circular Joint No. 114/2006/TTLT-BTC-TNMT dated December 29, 2006 of the Ministry of Finance and the Ministry of Natural Resources and Environment guiding the management of environmental public expenditure;

Pursuant to Circular Joint No. 44/2007/TTLT-BTC-KHCN dated May 7, 2007 of the Ministry of Finance and the Ministry of Science and Technology guiding the construction standards and budget estimates for scientific and technological projects using state budget funds;

Pursuant to Circular Joint No. 01/2008/TTLT-BTNMT-BTC dated April 29, 2008 of the Ministry of Natural Resources and Environment and the Ministry of Finance guiding the preparation of budgets for environmental protection tasks from public environmental expenditure sources;

The Ministry of Agriculture and Rural Development guides the management of environmental protection tasks under the Ministry as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular guides the content of managing environmental protection tasks including: procedures for determining; planning; drafting outlines and annual budget estimates; selecting organizations and individuals to implement; reviewing outlines and budget estimates; signing contracts; organizing implementation; inspecting and supervising; accepting results and terminating contracts. Other contents not specified in this Circular shall be implemented according to current regulations.

2. This Circular applies to all organizations and individuals implementing environmental protection tasks funded from public environmental expenditure managed by the Ministry of Agriculture and Rural Development. Other funding sources used for environmental activities without specific guidance shall apply this Circular.

Article 2. General Principles

1. Must comply with current regulations.

2. Environmental protection tasks must originate from practical needs, be consistent with the tasks of the sector, and ensure unity and non-redundancy.

3. Management agencies, organizations, and individuals in charge must bear responsibility for the assigned tasks.

Article 3. Explanation of Terms

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1. Agricultural and rural environment is the environment within the fields of agriculture, forestry, water resources, fisheries, salt industry, and rural areas.

2. Environmental protection tasks under the Ministry of Agriculture and Rural Development include programs, projects, and other activities of the Ministry related to agricultural and rural environmental work; hereinafter referred to collectively as Environmental Tasks.

3. the Program a set of projects with clear objectives and contents aimed at solving one or more specific issues related to the agricultural and rural environment within a defined period.

4Consulting on task selection is the process of determining priorities, names, objectives, and expected outcomes.

5. Selecting organizations and individuals in charge of tasks is the process of evaluating applications to undertake approved tasks, aiming to identify organizations and individuals in charge according to current regulations.

6. Accepting tasks is the process of evaluating and recognizing the results achieved compared to the approved outline and terminating signed contracts.

Article 4. Contents of environmental tasks

1. Investigation, survey, monitoring, warning, preparation and review of environmental reports, project and program on environment

a) Investigation, survey, assessment of current environmental status, strategic environmental assessment, environmental impact assessment, forecasting environmental changes and diseases in agriculture;

b) Investigation, statistics, assessment of waste, pollution situation, degradation and environmental incidents;

c) Activities of the monitoring and analysis system for the environment managed by agencies and units under the Ministry of Agriculture and Rural Development; building and implementing environmental monitoring programs;

d) Investigation, research, trial application of scientific and technological advances related to environmental protection; building strategies, plans, mechanisms, policies, economic and technical standards, technical procedures for environmental protection;

đ) Regular and extraordinary environmental reporting;

e) Reviewing strategic environmental assessment reports and environmental impact assessment reports;

g) Building capacity for early warning, forecasting, prevention, and response to natural disasters, environmental incidents, including support for equipment and activities related to environmental rescue operations;

h) Building and reviewing environmental protection projects and programs;

2. Waste management

a) Classification, collection, transportation, treatment, recycling, and landfilling of hazardous waste;

b) Handling facilities causing serious environmental pollution.

3. Biodiversity conservation

a) Controlling alien species and genetically modified organisms;

b) Activities related to protecting rare animal, plant, and microbial species at risk of extinction; rational exploitation and utilization of agricultural biodiversity not covered in other tasks.

4. Developing models for applying environmental technology and environmental management systems.

5. Combating desertification and environmental quality degradation.

6. Applying cleaner production, eco-labeling, and ISO 14001 standards.

7. Building and maintaining environmental information and database systems (including data collection, processing, and exchange); community environmental warning information systems.

8. Propaganda, dissemination, and education on environmental laws; specialized training on environmental protection.

9. Inspection and supervision activities regarding the implementation of environmental protection laws.

10. Activities of the Steering Committee, Management Board, and Permanent Office for environmental protection, corresponding to international cooperation projects on environmental protection.

11. Rewarding organizations and individuals with outstanding achievements in agricultural and rural environmental protection work.

12. Other activities related to environmental tasks.

Article 5. Classification of environmental tasks according to management levels

1. National level

a) Independence;

b) Belonging to the National Target Program;

c) Belonging to Target Programs;

d) Projects.

2. Ministerial level

a) Regular;

b) Key;

c) Belonging to programs;

d) Projects;

đ) Emergency;

e) International cooperation, cooperation with localities, and other tasks managed by the Ministry as the lead or main coordinator.

3. Institutional level

a) Delegated by the Ministry;

b) Other tasks led by the institution.

Article 6. Basis for determining environmental tasks

1. Based on national and ministerial environmental protection strategies, target programs, and plans.

2. Based on practical requirements for environmental protection in areas managed by the Ministry of Agriculture and Rural Development.

Chapter II

DETERMINATION, SELECTION OF ORGANIZATIONS AND INDIVIDUALS TO IMPLEMENT TASKS

Article 7. Determination of Tasks

1. Authority to Determine Tasks

a) National Level

The Ministry of Agriculture and Rural Development, based on proposals from organizations and individuals and the orientation of the Ministry, considers and proposes tasks to competent authorities.

b) Ministry Level

The Department of Science, Technology and Environment determines the list of tasks to be submitted for approval by the Ministry's leadership. In necessary cases, the Minister of Agriculture and Rural Development directly determines the tasks.

c) Institutional Level

Heads of units under the Ministry propose the list of tasks. The Ministry of Agriculture and Rural Development authorizes the Director of the Department of Science, Technology and Environment to review and approve.

d) International Cooperation

- For tasks managed by the Ministry: The Ministry of Agriculture and Rural Development collaborates with partners to determine the list of tasks;

- For tasks directly cooperated by organizations and individuals: Unit heads collaborate with partners to determine tasks and report to the Ministry.

e) Cooperation with Localities and Other Organizations

- For tasks managed by the Ministry: The Ministry of Agriculture and Rural Development collaborates with localities to determine the list of tasks;

- For tasks directly cooperated by organizations: Unit heads collaborate with localities and organizations to determine tasks and report to the Ministry.

2. Procedure for Determining Tasks:

a) For Tasks Managed and Proposed by the Ministry:

Step 1. Proposing Tasks

Before January 30 each year, the Ministry of Agriculture and Rural Development guides the proposal of tasks and prioritization directions (if any) for organizations and individuals to register tasks;

Step 2. Determining Tasks

The Department of Science, Technology and Environment:

- Collects the proposed lists from organizations/individuals;

- Establishes a scientific and technological council or invites independent experts to organize evaluations and selections of proposals;

- Submits to the Ministry for approval.

Step 3. Announcing the List of Tasks

The Department of Science, Technology and Environment announces the list and guides the preparation of registration files for leading tasks managed by the Ministry through mass media (for tendered tasks) and directly notifies relevant agencies and organizations within the Ministry (for directly assigned tasks).

b) For Institutional Tasks

The Ministry authorizes unit heads to implement according to the authority stipulated in Article 7, Clause 1, Points c, d, e of this Circular and the procedure specified in Article 7, Clause 2, Point a of this Circular.

Article 8. Selection of Organizations and Individuals Leading Tasks

1. Forms of Selection

a) Direct Assignment: Applied to special tasks suitable for the functions, responsibilities, and capabilities of leading organizations and individuals;

b) Tendering: Applied to remaining tasks.

2. Conditions for Participation in Selection to Lead Tasks

a) Organizations with legal personality, appropriate functions, and sufficient conditions regarding human resources, equipment, and infrastructure;

b) Individuals registering to lead tasks must have at least a bachelor's degree or equivalent, relevant expertise, and at least three years of experience in the registered field.

3. Application Documents Include:

a) Application Form for Leading Tasks (Form 1);

b) Comprehensive Description of Environmental Protection Task (Form 2);

c) Summary of Activities of the Registering Organization (Form 3);

d) Scientific Curriculum Vitae of the Leading Individual and Participating Staff (Form 4);

e) Confirmation Letter of Participation from Collaborating Organizations (Form 5).

The application consists of 11 copies (one original with red seal and ten photocopies), packaged and sealed, with a list of participating individuals attached, submitted to the Department of Science, Technology and Environment for tasks managed by the Ministry or to the institution for tasks managed by the institution.

4. Selection of Organizations and Individuals Leading Tasks

a) For Ministry-Level Tasks

- The Ministry of Agriculture and Rural Development establishes a Council of 7-11 members or invites 3-5 independent expert consultants to select organizations and individuals to undertake the tasks;

- The Council or independent expert consultants review and evaluate applications according to criteria outlined in Form 6 and Form 7.

- Within 15 working days from the date of advisory results, the Department of Science, Technology and Environment will notify in writing the selected organizations and individuals of the selection results and required modifications and improvements.

b) For Institutional-Level Tasks

The Ministry authorizes unit heads to select organizations and individuals leading tasks according to the procedures and formalities stipulated in Article 8, Clause 4, Point a of this Circular, and report the results to the Ministry before October 30.

5. Review of Outline, Budget Estimate, and Signing of Contract

a) For Ministry-Level Tasks

- Within 15 working days from the date of notification of selection results, organizations and individuals leading tasks complete the outline according to the Council's comments and submit it to the Department of Science, Technology and Environment for review;

- Within 15 working days from receiving the completed application, the Department of Science, Technology and Environment, in collaboration with the Finance Department, reviews the outline and overall budget estimate; annual content and funding reviews are guided and implemented by the leading organization;

- Within 10 working days after the review, organizations and individuals complete the outline and submit it to the Department of Science, Technology and Environment and the Finance Department for approval before October 30.

- Within 10 days after the review, organizations and individuals with assigned tasks complete the outline for approval by the Department of Science, Technology and Environment and sign the contract to undertake the task (Form 11).

b) For institutional-level tasks: The authorized unit head selects organizations and individuals leading tasks, organizes the review, approves the outline, and signs the contract to undertake the task according to the procedures and formalities stipulated in Article 8, Clause 5, Point a, of this Circular, and reports the results to the Ministry before October 30.

Chapter III

MANAGEMENT OF TASK IMPLEMENTATION

Article 9. Inspection of Task Implementation

1. The Science, Technology and Environment Department shall take the lead and coordinate with relevant units to organize regular inspections of the implementation of tasks under the Ministry's management at least once a year, excluding ad hoc inspections when necessary. The inspection report and minutes (model attached in Table 12) are mandatory documents in the annual result evaluation file and task acceptance file.

2. The leading organization shall inspect the implementation of assigned tasks at least twice a year and report to the Ministry as prescribed.

3. Inspection contents include progress, products, budget, and other arising issues.

Article 10. Evaluation of Task Results

Including annual assessment, mid-term assessment, and final acceptance assessment.

1. Annual Assessment: conducted once a year. The Ministry authorizes the leading organizations to establish an Evaluation Board to assess the results of implementation. The assessment report and minutes are mandatory documents for annual acceptance and final task completion acceptance.

2. Mid-term Assessment (for large-scale tasks lasting three years or more): The Science, Technology and Environment Department shall organize an Evaluation Board or invite consulting experts to assess mid-term results. The assessment report and minutes are supplementary documents in the final task completion acceptance file.

3. Final Acceptance Assessment:

a. For grassroots-level tasks: carried out within thirty days from the end of the implementation period. The head of the leading organization shall establish the Evaluation Board.

b. For Ministry-level tasks: carried out in two stages, grassroots level and Ministry level. Grassroots-level assessment within twenty-five working days from the end of the implementation period; Ministry-level assessment twenty-five working days after grassroots-level acceptance.

Grassroots-level assessment is conducted by the head of the leading organization establishing the Evaluation Board. Ministry-level assessment is conducted by the Science, Technology and Environment Department establishing the Evaluation Board after receiving the grassroots-level acceptance file and the request for Ministry-level assessment from the leading organization. Comments and assessments of Evaluation Board members are attached in Tables 13 and 14.

The assessment report and minutes (Table 16) are mandatory documents in the final task completion acceptance file.

Article 11. Contract Liquidation

1. Only tasks assessed as "satisfactory" will be considered for contract liquidation. Tasks assessed as "unsatisfactory" will be handled according to Article 16, Clause 1, Points d, đ, and e of this Circular.

2. Within fifteen working days from the date of the final acceptance assessment results, the leading organization and individuals shall complete the liquidation file and submit it to the Science, Technology and Environment Department (for Ministry-level tasks) and submit it to the leading unit (for grassroots-level tasks) for contract liquidation.

The liquidation file includes:

a) Overall and annual task descriptions (copies);

b) Regular and annual inspection minutes;

c) Annual acceptance minutes;

d) Products of the task;

đ) Grassroots-level final acceptance minutes;

e) Ministry-level final acceptance minutes (for Ministry-level tasks);

g) Supplementary and amended reports based on the Evaluation Board's conclusions;

3. Within fifteen working days from receipt of valid files, the Science, Technology and Environment Department shall take the lead and coordinate with relevant units to liquidate contracts for Ministry-level tasks according to current regulations; the head of the leading unit shall liquidate contracts for grassroots-level tasks (Table 17) and report the results to the Science, Technology and Environment Department.

Article 12. Budget for Selection, Inspection, Evaluation, and Acceptance

The budget for selection, inspection, evaluation, and acceptance, organized and implemented by the Ministry, shall be sourced from the environmental public service budget, equivalent to 1-2% of the total environmental public service budget. In cases where the main organizer implements these activities, the budget will be sourced from the management budget of the institution.

Chapter IV

REPORTING REGIME, HANDOVER OF PRODUCTS, ANNOUNCEMENT AND MANAGEMENT OF RESULTS

Article 13. Reporting regime

The main organizer of the task is responsible for submitting periodic reports before July 15th, annual reports before December 31st, final reports and other reports (as required) to the Department of Science, Technology and Environment (for tasks at the ministerial level) and the main organizing unit (for tasks at the institutional level).

Article 14. Transfer of Assets

Within thirty working days after the completion certificate is issued, the main organizer of the task must transfer assets according to current regulations.

Article 15. Management and Recognition of Results

1. Result Management: The final report on the implementation of the task at the ministerial level (including printed copies and CDs) shall be stored at the Department of Science, Technology and Environment, the Information and Statistics Center, and the main organizing agency; for tasks at the institutional level, the report shall be stored at the main organizing agency.

2. Result Recognition: After the tasks have completed liquidation procedures, asset transfers, and result submissions, the Department of Science, Technology and Environment and the head of the main organizing unit shall issue certificates recognizing the results of the task implementation.

Chapter V

HANDLING VIOLATIONS

Article 16. Handling Violations

Organizations and individuals who fail to complete the task or violate the provisions of this Circular shall be handled as follows:

1. For the main organizer and related individuals

a) Not allowed to organize subsequent tasks for one year if periodic reports are submitted late by three months in two consecutive periods or the final acceptance report is submitted late by three months;

b) Not allowed to organize subsequent tasks for two years if periodic reports are not submitted in two consecutive periods or the final acceptance report is submitted late by six months;

c) Suspension of the right to organize the task if there is a violation in financial management or unauthorized modification of objectives, content, time, and location of implementation;

d) Must self-fund to complete the contents stipulated in the contract for tasks evaluated as "unsuccessful" due to incomplete workload. The time to complete is determined by the final acceptance evaluation committee;

đ) Not allowed to organize tasks for three years following the failure due to non-compliance with the provision of false documents, financial mismanagement, and must return funds according to current financial regulations;         

e) In case of serious violations, legal action will be taken.

2. For the main organizing organization

a) The head of the main organizing organization may face disciplinary measures up to reprimand based on the degree of violation if the unit has an organizer suspended or in violation of the law;

b) The main organizing organization with suspended or law-violating individuals will not be allowed to organize tasks for one year following the violation.

Chapter VI

IMPLEMENTATION

Article 17. Responsibilities of Units under the Ministry

1. The Department of Science, Technology and Environment shall guide and inspect the implementation of this Circular.

2. The Finance Department shall cooperate with the Department of Science, Technology and Environment to guide the implementation of financial-related contents.

3. Functional departments, specialized agencies, the Ministry's Office, and relevant units, according to their functions and tasks, shall coordinate with the Department of Science, Technology and Environment to implement this Circular.

During the implementation process, if any issues arise or difficulties occur, the units shall report to the Ministry (through the Department of Science, Technology and Environment) for supplementation and amendment.

Article 18. Effective Date

This Circular takes effect forty-five days from the date of issuance./.