|
THE
MINISTRY OF AQUATIC RESOURCES
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
|
No:
19/2002/QD-BTS
|
Hanoi,
September 18, 2002
|
DECISION
ISSUING THE REGULATION ON MANAGEMENT OF THE ENVIRONMENT AT
AQUATIC PRODUCT-PROCESSING ESTABLISHMENTS
THE MINISTER OF AQUATIC RESOURCES
Pursuant to the December 27, 1993 Law on the
Protection of Environment;
Pursuant to the Government’s Decree No. 175/CP of October 18, 1994 guiding the
implementation of the Law on the Protection of Environment;
Pursuant to the Government’s Decree No. 50/CP of June 21, 1994 defining the
tasks, powers and organizational apparatus of the Ministry of Aquatic Resources;
At the proposal of the director of the Science and Technology Department,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on management of the environment at
aquatic product-processing establishments.
Article 2.- This Decision
takes effect 15 days after its signing. The director of the Science and
Technology Department shall have to guide and inspect the implementation of
this Decision.
Article 3.- The heads of
the Departments, the Inspectorate and Office of the Ministry; the directors of
the provincial/municipal Aquatic Resource Services and the provincial/municipal
Agriculture and Rural Development Services involved in the management of
aquatic resources, and aquatic-product processing establishments shall have to
implement this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR THE MINISTER OF AQUATIC
RESOURCES
VICE MINISTER
Nguyen Viet Thang
REGULATION
ON MANAGEMENT OF THE ENVIRONMENT AT AQUATIC
PRODUCT-PROCESSING ESTABLISHMENTS
(Issued together with Decision No. 19/2002/QD-BTS of September 18, 2002 of
the Minister of Aquatic Resources)
Chapter I
GENERAL PROVISIONS
Article 1.- Subjects
and scope of application
1. This Regulation prescribes the environment
management contents in the elaboration and approval of the projects on
construction of aquatic product-processing establishments and in the conducting
of aquatic product-processing activities within the territory of the Socialist
Republic of Vietnam.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.-
Interpretation of terms
In this Regulation, the following terms are
construed as follows:
1. "Production wastes" are solid,
liquid or gaseous substances discharged or emitted from the aquatic
product-processing processes.
2. "Daily-life wastes" are solid or
liquid wastes discharged from the human beings�
daily life.
Chapter II
MANAGEMENT OF THE
ENVIRONMENT AT AQUATIC PRODUCT-PROCESSING ESTABLISHMENTS
Article 3.- Planning
and technology requirements
1. When carrying out construction projects, the
aquatic product-processing establishments (hereinafter called the
establishments for short) must:
a/ Plan and arrange the grounds for workshops
and equipment in line with the aquatic resource development plannings already
approved by the State and the provincial/municipal People�s Committees.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The operating establishments that are causing
environmental pollution must upgrade their workshops, innovate their
technologies and apply cleaner production technologies.
Article 4.- Environment
impact assessment
1. Construction investment projects must make
environment impact assessment reports according to the provisions in Circular
No. 490/1998/TT-BKHCNMT of April 29, 1998 of the Ministry of Science, Technology
and Environment, which guides the elaboration and evaluation of environment
impact assessment reports with regard to investment projects (hereinafter
referred to as Circular No. 490 for short), in which:
- Investment projects in building establishments
with an annual capacity of 1,000 or more tons of products must make environment
impact assessment reports with the contents prescribed in Appendix I.2 to the
Government’s Decree No. 175/CP of October 18, 1994 (hereinafter referred to as
Decree No. 175/CP for short).
- Investment projects in building establishments
with an annual capacity of under 1,000 tons of products must make "written
registrations of satisfaction of environmental standards" as prescribed in
Appendix III to Circular No. 490.
- Environment impact assessment reports, written
registrations of satisfaction of environmental standards shall be submitted to
the State management agencies in charge of environment for evaluation according
to the responsibility decentralization prescribed in Appendix II to Decree No.
175/CP.
2. Operating establishments (excluding those
mentioned in Clause 3 of this Article) must make environment impact assessment
reports according to the form set in Appendix II to Circular No. 1420/Mtg of
November 26, 1994 of the Ministry of Science, Technology and Environment, which
guides the environment impact assessment with regard to operating
establishments (hereinafter referred to as Circular No. 1420 for short).
3. Locally-run small establishments, cooperation
groups and cooperatives engaged in processing aquatic products, households
engaged in processing aquatic products for wholesale, which are located in
population areas must make "written declarations of production activities
which affect the environment" according to the form set in Appendix I to
Circular No. 1420.
Article 5.- Waste
management
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Gathering and storing production solid wastes
and/or daily-life solid wastes in appropriate close containers, periodically
transporting them to the establishments engaged in processing fish powder or
animal feed, or destroying or burying them at dumping sites according to the
regulations of local authorities.
2. Gathering polluting liquid wastes (waste
water) into tanks. Liquid wastes must be treated at the waste water treatment
systems of the establishments or the areas before being discharged into the
environment. Waste water tanks and treatment systems of the establishments must
be designed and built to ensure that no pollution is caused to adjacent land,
underground water, lakes and rivers.
3. Gaseous wastes with bad or hazardous smells
must be treated before being discharged into the surrounding environment.
Establishments engaged in processing frozen aquatic products using freezing
agents CFCs must make plans on their substitution and proceed to eliminate
their use according to the timetable specified in Appendix 1 to this
Regulation.
4. The applied waste treatment technologies must
ensure that the wastes, after being treated, meet the requirements prescribed
in the Vietnamese standards: TCVN 5939-1995 "Air quality- Industrial
exhaust gas standard for dust and inorganic substances," TCVN 5945-1995
"Industrial waste water-waste standard" and the branch standards, and
must be approved by competent State management bodies.
Article 6.-
Environmental monitoring
1. The establishments must monitor the
environment in accordance with the contents set in the environment impact
assessment reports or the written registrations of satisfaction of
environmental standards, or materialize the provisions in the declarations of
production activities that affect the environment, depending on their
corresponding types as specified in Article 4 of this Regulation.
2. The establishments must have
environment-monitoring documents, including: monitoring plans, to be-monitored
factors, monitoring frequency, the use of noxious chemicals; plans on gathering
and treating solid, liquid and/or gaseous wastes; results of the monitored
criteria; and plans on reduction and elimination of CFCs (if any) used by the
establishments.
3. The establishments must make and send to the
provincial/municipal Science, Technology and Environment Services and the Aquatic
Resource Services or the provincial/municipal Agriculture and Rural Development
Services involved in the management of aquatic resources periodical reports on
the environment management work, environmental incidents, enclosed with
environment-monitoring documents stated in Clause 2 of this Article, within the
first 15 days of the prescribed reporting period.
Chapter III
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 7.-
Responsibilities of the establishments
1. To seriously comply with the provisions in
Chapter II of this Regulation and other relevant regulations of the Ministry of
Aquatic Resources on management of environment at aquatic product-processing
establishments.
2. To create every favorable condition for the
State management bodies in charge of the environment in the working process at
the establishments.
3. The establishments mentioned in Clauses 1 and
2, Article 5 of this Regulation must appoint full-time officials to take charge
of environment management and set up specialized environment management
sections. Full-time officials in charge of environment protection must
participate in training courses on environment protection knowledge, organized
by the units of the Ministry of Aquatic Resources or the Ministry of Natural
Resources and Environment.
4. To ensure all material and financial
conditions necessary for monitoring the environment protection.
5. To organize education for those who are
engaged in aquatic product-processing activities at the establishments to raise
their awareness of and responsibility for keeping hygiene and protecting the
environment.
Article 8.-
Responsibilities of the Science and Technology Department of the Ministry of
Aquatic Resources
1. To advise the Ministry on the formulation of
strategies and policies on environment protection in the aquatic
product-processing domain.
2. To send representatives to participate in the
Council for evaluation of environment impact assessment reports of the
establishments, which is under the prime responsibility of the Ministry of
Natural Resources and Environment.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. To manage the import of technologies and
equipment in service of aquatic resource-processing and environmental treatment
domains, particularly the import of equipment involving the use of freezing
agents belonging to the group of CFCs.
Article 9.-
Responsibilities of the provincial/municipal Aquatic Resource Services and the
provincial/municipal Agriculture and Rural Development Services involved in the
management of aquatic resources
1. To direct the implementation of the policies
on the environment protection in the aquatic product-processing domain in their
respective localities.
2. To direct their attached units to supervise
and monitor the implementation of this Regulation at the establishments in the
areas under their respective management.
3. To coordinate with the provincial/municipal
Science, Technology and Environment Services in guiding the establishments in
the localities to compile dossiers of application for evaluation of environment
impact assessment reports.
4. To participate in evaluating the environment
impact assessment reports of the establishments; to join in the teams to
inspect and supervise the environ-ment at the establishments, which are
organized under the prime responsibility of the provincial/municipal Science,
Technology and Environment Services.
5. Within the first 15 days of every six-month
period to make and send to the Ministry of Aquatic Resources (the Science and
Technology Department) periodical reports on the management of the environment
at aquatic product-processing establishments in the localities.
Chapter IV
COMPLAINTS, COMMENDATION,
AND HANDLING OF VIOLATIONS
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Organizations and individuals shall be entitled
to complain or denounce State agencies or individuals that violate this
Regulation. The settlement of complaints and denunciations shall comply with
the provisions of the Complaint and Denunciation Law and the Government’s
Decree No. 67/1999/ND-CP of August 7, 1999 guiding the implementation thereof.
Article 11.-
Commendation
Organizations and individuals that record
achievements in the implementation of the Law on the Protection of Environment
and the provisions of this Regulation shall be commended and/or rewarded
according to law provisions.
Article 12.-
Sanctioning
1. Organizations and individuals that violate the
provisions in this Regulation shall, depending on the nature and seriousness of
their violations, be administratively sanctioned under the Government’s Decree
No. 26/CP of June 24, 1996 prescribing the sanctioning of administrative
violations in the environment protection and other law provisions, or be
examined for penal liability.
2. If, in the course of operation, the
establishments cause environmental pollution or degradation, they shall have to
make compensations therefor or overcome consequences according to law
provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article 13.-
Implementation guidance
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 14.- Amendment
and supplement to the Regulation
Any amendment and supplement to this Regulation
shall be considered and decided by the Minister of Aquatic Resources.-
APPENDIX
LIST OF CFCs USED IN THE AQUATIC PRODUCT-PROCESSING
INDUSTRY AND
THE ELIMINATION TIMETABLE
I. The use of CFCs has been banned since 1996.
The developing countries may, however, consider continuing their use for a
longer time but must stop using them completely before January 1, 2010.
Group
Substance
Ozone layer
depletion potential
CFCl3
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1,0
CF2Cl2
(CFC-12)
1,0
C2F3Cl3
(CFC-113)
0,8
C2F4Cl2
(CFC-114)
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
C2F5Cl
(CFC-115)
0,6
CF3Cl
(CFC-13)
1,0
C2FCl5
(CFC-111)
1,0
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
(CFC-112)
1,0
C3FCl7
(CFC-211)
1,0
C3F2Cl6
(CFC-212)
1,0
C3F3Cl5
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1,0
C3F4Cl4
(CFC-214)
1,0
C3F5Cl3
(CFC-215)
1,0
C3F6Cl2
(CFC-216)
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
C3F7Cl
(CFC-217)
1,0
II. Hydrochlorofluorocarbon, the schedule for
its reduction as compared with its use volume in 1989 is as follows:
- By 2004, the use volume must be reduced to
65%.
- By 2010: to 35%
- By 2015: to 10%
- By 2040: To be banned from use.
Group
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Ozone layer
depletion potential
CHFCl2
(HCFC-21)**
0,04
CHF2Cl2
(HCFC-22)**
0,005
CH2FCl
(HCFC-31)
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
C2HFCl4
(HCFC-121)
0,01 - 0,04
C2HF2Cl3
(HCFC-122)
0,02 - 0,08
C2HF3Cl2
(HCFC-123)
0,02 - 0,06
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
(HCFC-123)**
0,02
C2HF4Cl
(HCFC-124)
0,02 - 0,04
CHFClCF3
(HCFC-124)**
0,022
C2H2FCl3
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
0,007 - 0,05
C2H2F2Cl3
(HCFC-132)
0,008 - 0,05
C2H2F3Cl
(HCFC-133)
0,02 - 0,06
C2H3FCl2
(HCFC-141)
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
CH3CFCl2
(HCFC-141b)**
0,11
C2H3F2Cl
(HCFC-142)
0,008 - 0,07
CH3CF2Cl
(HCFC-142b)**
0,065
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
(HCFC-151)
0,003 - 0,005
C3HFCl6
(HCFC-221)
0,015 - 0,07
C3HF2Cl5
(HCFC-222)
0,01 - 0,09
C3HF3Cl4
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
0,01 - 0,08
C3HF4Cl3
(HCFC-224)
0,01 - 0,09
C3HF5Cl2
(HCFC-225)
0,02 - 0,07
CF3CF2CHCl2
(HCFC-225 ca)**
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
CF2ClCF2CHClF
(HCFC-225 cb)**
0,033
C3HF6Cl
(HCFC-226)
0,02 - 0,10
C3H2Cl5
(HCFC-231)
0,05 - 0,09
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
(HCFC-232)
0,008 - 0,10
C3H2F3Cl3
(HCFC-233)
0,007 - 0,23
C3H2F4Cl2
(HCFC-234)
0,01 - 0,28
C3H2F5Cl
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
0,03 - 0,52
C3H3FCl4
(HCFC-241)
0,004 - 0,09
C3H3F2Cl3
(HCFC-242)
0,0005 - 0,13
C3H3F3Cl2
(HCFC-243)
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
C3H3F4Cl
(HCFC-244)
0,009 - 0,14
C3H4FCl3
(HCFC-251)
0,001 - 0,01
C3H4F2Cl2
(HCFC-252)
0,005 - 0,04
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
(HCFC-253)
0,003 - 0,03
C3H5FCl2
(HCFC-261)
0,002 - 0,02
C3H5F2Cl
(HCFC-262)
0,002 - 0,02
C3H6FCl
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
0,001 - 0,03
** To determine the most frequently-traded substances
with the potential ozone layer depletion values already enumerated for the
purpose of this Protocol.-
THE MINISTRY OF AQUATIC
RESOURCES
Nguyen Viet Thang