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THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No. 48/2011/TT-BTNMT
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Hanoi, December 28, 2011
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CIRCULAR
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF
THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT'S CIRCULAR NO. 08/2009/
TT-BTNMT OF JULY 15, 2009, PROVIDING FOR THE ENVIRONMENTAL MANAGEMENT AND
PROTECTION OF ECONOMIC ZONES, HI-TECH PARKS, INDUSTRIAL PARKS AND INDUSTRIAL
COMPLEXES
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the Government's Decree No. 29/2008/ND-CP of March 14, 2008,
on industrial parks, export-processing zones and economic zones;
Pursuant to the Government's Decree No. 99/2003/ND-CP of August 28,
2003, promulgating the Regulation on hi-tech parks;
Pursuant to the Government's Decree No. 80/2006/ND-CP of August 9. 2006,
detailing and guiding the implementation of a number of articles of the Law on
Environmental Protection;
Pursuant to the Government's Decree No. 21/2008/ND-CP of February 28,
2008, amending and supplementing a number of articles of Decree No.
80/2006/ND-CP of August 9, 2006;
Pursuant to the Government's Decree No. 29/2011/ND-CP of April 18, 2011,
on strategic environmental assessment, environmental impact assessment and
environmental protection commitment;
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At the proposal of the directors of the Vietnam Environment
Administration and the Legal Department,
STIPULATES:
Article 1. To amend and
supplement a number of articles of the Minister of Natural Resources and
Environment's Circular No. 08/ 2009/TT-BTNMT of July 15, 2009, providing for
the environmental management and protection of economic zones, hi-tech parks, industrial
parks and industrial complexes
1. To amend and supplement Article 4 as follows:
"Article
4. Organizations taking direct responsibility for the environmental protection
of economic zones, hi-tech parks, industrial parks and industrial complexes
1.
Economic zone, hi-tech park and industrial park management boards and industrial
complex-managing agencies shall take responsibility for the management of
environmental protection work of economic zones, hi-tech parks, industrial
parks and industrial complexes according to their functions and tasks assigned
by competent state management agencies.
2.
Economic zone, hi-tech park and industrial park management boards and
industrial complex-managing agencies must have professional units and officers
in charge of environmental protection as provided in the Government's Decree
No. 81/2007/ND-CP of May 23, 2007, on environmental protection organizations
and sections at state agencies and state enterprises.
3.
Economic zone, hi-tech park, industrial park and industrial complex technical
infrastructure investors must have professional sections in charge of
environmental protection as provided by the law on environmental protection.
4.
Owners of production, business and service establishments in economic zones,
hi-tech parks, industrial parks and industrial complexes shall arrange
employees to supervise environmental protection work of their establishments;
and take responsibility for environmental management within their
establishments."
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a/
To amend and supplement Clause 1 as follows: "1. Construction master plans
of economic zones, hi-tech parks, industrial parks and industrial complexes
must conform lo regional socio-economic development master plans and
provincial/municipal land use master plans, restricting the use of agricultural
land, not encroaching nature conserves and national parks, and ensuring
sustainable development and security and national defense.
It
is encouraged to make strategic environmental assessment reports for economic
zone development master plans."
b/
To amend and supplement Clause 2 as follows: "The minimum proportion of
land covered with trees, flower gardens and lawns inside the fence of a hi-tech
park or an industrial park or industrial complex must be 10% of the total land
area of that park or complex."
3. To amend and supplement Clauses 2 and 4, Article 6, as follows:
a/
To amend and supplement Clause 2 as follows: "2. In the planning designs
of economic zones, hi-tech parks, industrial parks and industrial complexes,
there must be locations for temporary storage and transport of solid waste; and
establishments that receive, transport and treat ordinary solid waste and
hazardous waste of economic zones, hi-tech parks, industrial parks and
industrial complexes must be identified.
In
case all production, business and service establishments in economic zones,
hi-tech parks, industrial parks and industrial complexes are required to have
contracts signed with ordinary solid waste- and hazardous waste-receiving,
-transporting and -treating establishments, it is not necessary to arrange
locations for temporary storage and transport of solid waste in economic zones,
hi-tech parks, industrial parks and industrial complexes.
All
production, business and service establishments in economic zones, hi-tech
parks, industrial parks and industrial complexes shall arrange places for
temporary storage of solid waste before such waste is transported for
treatment."
b/
To amend and supplement Clause 4 as follows: "4. Hi-tech parks, industrial
parks and industrial complexes must have concentrated wastewater treatment
plants which can be divided into various modules but must be capable of
treating the whole volume of generated wastewater up to current technical
regulations on environment. Investors of concentrated wastewater treatment
plants shall design and install systems for automatic and constant observation
of the flow, pH level, COD, TSS and some other typical parameters of wastewater
generated by hi-tech parks, industrial parks and industrial complexes before
wastewater is discharged into a receiving source as required in decisions
approving environmental impact assessment reports. Automatic observatories must
satisfy technical connection requirements to automatically and constantly
transmit data to environment state management agencies upon request. For existing
automatic observatories which have not yet met connection requirements for
automatic and constant data transmission, there must be plans for upgrading
them to comply with this provision."
4. To amend and supplement Article 7 as follows:
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To
elaborate environmental impact assessment reports or environmental protection
schemes under the Government's Decree No. 29/2011/ND-CP of April 18, 2011, on
strategic environmental assessment, environmental impact assessment and
environmental protection commitment."
5. To amend and supplement Clause 3, Article 9, as follows:
"3.
Regarding solid waste management: To comply with Point a. Clause 3, Article 1
of this Circular and the law on solid waste management."
6. To amend and supplement Clause 1, Article 10, as follows:
"1.
To coordinate with state management agencies in charge of environmental
protection in examining and supervising the observance of approved or certified
environmental impact assessment reports and written environmental protection
commitments in the stage of project construction."
7. To amend and supplement Clause 1, Article 12, as follows:
"1.
To consider and admit only investment projects belonging to production and
business lines defined in the environmental impact assessment reports of
investment projects to build and operate hi-tech park, industrial park and
industrial complex technical infrastructure which have been approved by
competent state management agencies. Before admitting investment projects
belonging to production and business lines other than those defined in the
environmental impact assessment reports, hi-tech park, industrial park or
industrial complex management boards shall seek opinions from state agencies
which have approved environmental impact assessment reports."
8. To amend and supplement Article 13 as follows:
"Article
13. Conditions for production, business and service investment projects in
economic zones, hi-tech parks, industrial parks and industrial complexes to be
put into operation
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2.
Wastewater outlets of production, business and service projects have been
directly connected to the wastewater collection systems of concentrated
wastewater treatment plants of economic zones, hi-tech parks, industrial parks and
industrial complexes, except cases in which production, business and service
establishments have their own wastewater treatment stations up to current
technical regulations on environment before concentrated wastewater treatment
plants of economic zones, hi-tech parks, industrial parks and industrial complexes
are built, and satisfy the conditions prescribed in Article 45 of the
Government's Decree No.88/2007/ND-CP of May 28, 2007, on water drainage in
urban centers and industrial parks.
3.
Production projects have completely installed, tested and operated on a trial
basis their wastewater, exhaust gas and noise treatment equipment, applied
other environmental production measures as committed in the environmental
impact assessment reports or written environmental protection commitments and
been inspected and certified by competent authorities as having completed
environmental treatment works."
9. To amend and supplement Clauses 1,4 and 5, Article 14, as follows:
a/
To amend and supplement Clause 1 as follows: "1. To make and submit to
competent agencies environmental impact assessment reports for approval or
written environmental protection commitments for certification under the
Government's Decree No. 29/2011/ND-CP of April 18, 2011, on strategic
environmental assessment, environmental impact assessment and environmental
protection commitment."
b/
To amend and supplement Clause 4 as follows: "4. To sign agreements or
economic contracts with economic zone, hi-tech park, industrial park and
industrial complex technical infrastructure investors on the conditions for
connecting wastewater outlets to the wastewater collection systems of
concentrated wastewater treatment plants, except cases in which establishments
have their own wastewater treatment stations as provided in Clause 2, Article
13 of Circular No. 08/2009/TT-BTNMT of July 15, 2009, which is amended and
supplemented under Clause 8, Article 1 of this Circular."
c/
To amend and supplement Clause 5 as follows: "5. To connect the outlets of
wastewater drainage systems to the wastewater collection systems of concentrated
wastewater treatment plants under the supervision of economic zone, hi-tech
park, industrial park and industrial complex technical infrastructure
investors, except cases in which establishments have their own wastewater
treatment stations as provided in Clause 2, Article 13 of Circular No.
08/2009/TT-BTNMT, which is amended and supplement under Clause 8, Article 1 of
this Circular."
10. To amend and supplement Article 15 as follows:
"Article
15. Responsibilities of economic zone, hi-tech park, industrial park and
industrial complex technical infrastructure investors
1.
To monitor and supervise the discharge of wastewater into concentrated
wastewater treatment plants by production, business and service establishments
according to the signed contracts.
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3.
To take care of and assure the rate of greenery coverage in their hi-tech
parks, industrial parks and industrial complexes according to Point b, Clause
2, Article 1 of this Circular."
11. To amend and supplement Article 17 as follows:
"Article
17. Water environment protection in economic zones, hi-tech parks, industrial
parks and industrial complexes
1.
All water drainage activities of economic zones, hi-tech parks, industrial
parks and industrial complexes must comply with the Government's Decree No. 88/2007/ND-CP
of May 28, 2007, on water drainage in urban centers and industrial parks.
2.
The discharge of wastewater into receiving sources must comply with the laws on
environmental protection, water resources, water exploitation and irrigation
work protection. It is strictly forbidden to dilute wastewater after going
through the wastewater treatment system.
3.
Wastewater of production, business and service establishments must be
preliminarily treated to meet the conditions agreed with technical infrastructure
investors before being discharged into the wastewater collection systems of
concentrated wastewater treatment plants, except cases in which establishments have
their own wastewater treatment stations as provided in Clause 2, Article 13 of
Circular No/ 08/2009/TT-BTNMT of July 15, 2009, which is amended and
supplemented under Clause 8. Article 1 of this Circular. After being preliminarily
treated (through septic tanks), daily-life wastewater of production, business and
service establishments and other organizations and individuals in hi-tech
parks, industrial parks or industrial complexes must be further treated at
concentrated wastewater treatment plants of these parks or complexes or wastewater
treatment stations of the establishments.
4.
All waterway vessels arc forbidden to discharge ballast water not yet treated
up to current technical regulations on environment and wastes into rivers,
streams and coastal areas of economic zones, hi-tech parks, industrial parks
and industrial complexes.
5.
Production, business and service establishments in economic zones, hi-tech
parks, industrial parks and industrial complexes shall pay environmental
protection charges according to current regulations.''
12. To amend and .supplement Article 18 as follows:
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1.
All production, business and service establishments in economic zones, hi-tech
parks, industrial parks and industrial complexes shall collect and sort
ordinary solid waste, medical waste and hazardous waste according to law.
2.
Solid waste of economic zones, hi-tech parks, industrial parks and industrial
complexes must be wholly collected and sorted into non-hazardous waste
(ordinary solid waste), medical waste and hazardous waste.
3.
The collection, sorting, transport and treatment of hazardous solid waste
generated from medical activities comply with the Minister of Health's Decision
No. 43/2007/QD-BYT of November 30, 2007, promulgating the Regulation on medical
waste management.
4.
The collection, sorting, transport and treatment of hazardous solid waste
generated from production and business activities comply with the Government's
Decree No. 59/2007/ ND-CP of April 9, 2007, on solid waste management, and the
Ministry of Natural Resources and Environment's Circular No. 12/ 2011/TT-BTNMT
of April 14, 2011, on hazardous waste management.
5.
The mud deposit of wastewater treatment stations and water drainage networks of
economic zones, hi-tech parks, industrial parks and industrial complexes shall
be colleted and transported by special-use vehicles to concentrated solid waste
treatment establishments for treatment up to current technical regulations on
environment. In case the concentrations of substances contained in the mud
deposit do not exceed the limits prescribed in current technical regulations on
environment on threshold limits of hazardous waste, such mud deposit may be
treated like ordinary solid waste or re-used.
6.
All production, business and service establishments shall manage their
hazardous solid waste under the Ministry of Natural Resources and Environment's
Circular No. 12/2011/TT-BTNMT of April 14, 2011, on hazardous waste management.
7.
Production, business and service establishments in economic zones, hi-tech parks,
industrial parks and industrial complexes shall pay environmental protection charges
for solid waste under the Government's Decree No. 174/2007/ND-CP of November
29, 2007, on environmental protection charges for solid waste"
13. To amend and supplement Clauses 1 and 2, Article 21, as follows:
a/
To amend and supplement Clause 1 as follows: "1. Economic zone, hi-tech
park and industrial park management boards and industrial complex-managing
agencies shall regularly examine and annually summarize information collected
from technical infrastructure investors to make environmental reports of
economic zones, hi-tech parks, industrial parks and industrial complexes
according to the form provided in Appendix 1 to this Circular and send them to
the Vietnam Environment Department and provincial-level Natural Resources and
Environment Department and take responsibility before law for reported
information and data;"
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14. To amend and supplement Clause 2, Article 27, as follows:
"2.
To assume the prime responsibility for, and coordinate with economic zone, hi-tech
park and industrial park management boards and industrial complex-managing
agencies in, examining and certifying trial operation results of waste
treatment works of investment projects on construction and commercial operation
of technical infrastructure of economic zones, hi-tech parks, industrial parks
and industrial complexes, and waste treatment works of investment projects
built in economic zones, hi-tech parks, industrial parks and industrial
complexes according to their assigned competence before these projects are put
into official operation."
15. To amend and supplement Clauses 1, 3,4 and 7, Article 28, as
follows:
a/
To amend and supplement Clause 1 as follows: "1. To guide and inspect
technical infrastructure investors, production, business and service
establishments and functional quarters in economic zones and production,
business and service establishments in hi-tech parks and industrial parks under
their management in complying with Circular No. 08/2009/TT-BTNMT of July 15,
2009, which is amended and supplemented under this Circular."
b/
To amend and supplement Clause 3 as follows: "3. To appoint
representatives to participate in the councils for appraisal of environmental
impact assessment reports of investment projects in economic zones, hi-tech
parks, industrial parks and industrial complexes."
c/
To amend and supplement Clause 4 as follows: "4. To coordinate with
environment state management agencies in examining and certifying results of
trial operation of waste treatment works of investment projects on construction
and commercial operation of technical infrastructure of economic zones, hi-tech
parks and industrial parks, and waste treatment works of investment projects in
economic zones, hi-tech parks and industrial parks before these projects are
put into official operation."
d/
To amend and supplement Clause 7 as follows; "7. To receive and settle
environment-related disputes between production, business and service
establishments in economic zones, hi-tech parks and industrial parks; to assume
the prime responsibility for, and coordinate with functional agencies in,
settling environment-related disputes between production, business and service
establishments in economic zones, hi-tech parks and industrial parks and
outsiders; to receive and propose and coordinate with environment state
management agencies in settling complaints and denunciations about the
environment in economic zones, hi-tech parks and industrial parks."
16. To amend and supplement Clause 3, Article 32, as follows:
"3.
Environmental-related crime prevention and combat police offices shall
participate and coordinate in examining and inspecting environmental protection
activities in economic zones, hi-tech parks, industrial parks and industrial
complexes under Joint Circular No. 02/2009/TTLT-BCA-BTNMT of February 6, 2009,
of the Ministry of Public Security and Ministry of Natural Resources and
Environment, guiding the coordination of the prevention and combat of crimes
and violations of the law on environmental protection."
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Article 3. Organization of
implementation
1.
This Circular takes effect on February 15, 2012.
2.
Any problems arising in the course of implementation should be reported to the Ministry
of Natural Resources and Environment for consideration and settlement.-
FOR THE MINISTER OF
NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Bui Cach Tuyen