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THE MINISTRY
OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.
32/2015/TT-BGTVT
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Hanoi, July
24, 2015
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CIRCULAR
REGULATIONS ON ENVIRONMENTAL PROTECTION IN TRAFFIC INFRASTRUCTURE
DEVELOPMENT
Pursuant to the Law on Environment Protection
No. 55/2014/QH13 dated June 23, 2014;
Pursuant to the Law on Construction No.
50/2014/QH13 dated June 18, 2014;
Pursuant to the Government's Decree No. 107/2012/NĐ-CP
dated December 20, 2012 defining the functions, tasks, entitlements and
organizational structure of the Ministry of Transport;;
Pursuant to the Government’s Decree No.
18/2015/NĐ-CP dated February 14, 2015 regulating planning for environmental
protection, strategic environment assessment, environmental impact assessment
and plans for environmental protection;
At the request of General Director of
Department of Environment
The Minister of Transport regulates
environmental protection in traffic infrastructure development.
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GENERAL PROVISIONS
Article 1. Scope and
regulated entities
1. This Circular regulates environmental
protection in traffic infrastructure development.
2. This Circular applies to agencies,
organizations, and individuals in connection with traffic infrastructure
development.
Article 2. Interpretation of
terms
In this Circular, some terms are construed as
follows:
1. Environmental protection means
activities to keep the environment healthy, clean and beautiful; to prevent and
minimize negative effects on the environment, respond to environmental
emergency; overcome environmental pollution and degradation, remediate and
improve environment; make appropriate and effective exploitation and use of
natural resources; protect biodiversity in traffic infrastructure development.
2. Environmental reports mean
establishment and supply of information, figures and data about national
environment components, natural resources on reserves, ecological and economic
value, environmental impacts, waste matters, environmental pollution and
degradation, and information during the implementation of traffic
infrastructure development.
3. Project Owner means agencies and
organizations responsible for executing regulations on investment and management
of investment projects according to the laws on investment and construction
including:
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b) Investors, project management enterprises
signing contracts for traffic infrastructure development projects with
competent state agencies in the form of Public-Private Partnerships.
Chapter II
ENVIRONMENTAL PROTECTION
UNDER STRATEGY, PLANNING AND PLANS FOR TRANSPORT DEVELOPMENT
Article 3. Strategic
environment assessment
1. Agencies that preside over the construction
or adjustment to the strategy, planning and plans for transport development
(hereinafter referred to as Planning Agency) shall perform strategic
environment assessment report (hereinafter referred to as SEA Report) as
prescribed in Article 8 of the Government’s Decree No. 18/2015/NĐ-CP dated
February 14, 2015 regulating planning for environmental protection, strategic
environment assessment, environmental impact assessment and plans for
environmental protection (hereinafter referred to as Decree No. 18/2015/NĐ-CP)
at the same time with the process of construction or adjustment to the
strategy, planning and plans.
2. Manner, structure and contents of SEA Report
are prescribed in Appendices 1.2 and 1.3 of Circular No. 27/2015/TT-BTNMT dated
May 29, 2015 of the Minister of Natural Resources and Environment on strategic
environment assessment, environmental impact assessment and plans for
environmental protection (hereinafter referred to as Circular No.
27/2015/TT-BTNMT).
3. The Planning Agency shall perform SEA Report
by itself. Any consultant that is hired to perform SEA Report must meet
requirements as set out in Article 9 of Circular No. 18/2015/NĐ-CP.
Article 4. Outline and cost
estimates for establishment of SEA Report
1. The outline and cost estimates for the
establishment of SEA Report according to Form as prescribed in Appendix
enclosed herewith shall be submitted by the Planning Agency to competent
agencies for appraisal and approval.
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3. Expenses for the establishment of SEA Report
come from capital sources for construction and adjustment to the strategy,
planning and plans for transport development.
4. For the outline and cost estimates for the
establishment of SEA Report for the strategy, planning and plans assigned to the
Planning Agency by the Ministry of Transport, the Department of Environment
shall organize appraisal and make submission to the Ministry for approval.
Article 5. Appraisal of SEA
Report
1. The Planning Agency shall take the following
responsibilities:
a) Establish SEA Report as prescribed in Article
3 of Circular No. 27/2015/TT-BTNMT and make the submission to competent
agencies as prescribed in Clause 1, Article 16 of the Law on Environment
Protection for appraisal;
b) Appoint competent personnel to proactively
cooperate with the Appraisal Agency, participate and provide explanations in
meeting sessions with SEA Report Appraising Board;
2. For SEA Report within competence of the
Ministry of Transport, the Department of Environment shall serve as the standing
agency in charge of appraisal as prescribed in Article 10 of Decree No.
18/2015/NĐ-CP and Chapter V of Circular No. 27/2015/TT-BTNMT.
3. Agencies and units affiliated to the Ministry
of Transport must appoint experts that meet requirements as prescribed in
Article 19 of Circular No. 27/2015/TT-BTNMT to join the SEA Report Appraising
Board at the request of Department of Environment.
Article 6. Completion of SEA
Report
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2. Results of the appraisal of SEA Report shall
serve as the basis for competent agencies to examine and grant approval for the
strategy, planning and plans for transport development.
Chapter III
ENVIRONMENTAL PROTECTION
IN INVESTMENT AND CONSTRUCTION OF TRAFFIC INFRASTRUCTURE
Section 1: Project
Preparation Phase
Article 7. Environmental
impact assessment and environmental protection plan
1. Project Owner must perform environmental
impact assessment report (hereinafter referred to as EIA Report) as prescribed
in Article 12 of 18/2015/NĐ-CP or register environmental protection plan
(hereinafter referred to as the Environmental Protection Plan)
2. Manner, structure and contents of EIA Report
as prescribed in Appendices 2.2 and 2.3 of Circular No. 27/2015/TT-BTNMT;
3. Manner, structure and contents of the
Environmental Protection Plan as prescribed in Appendices 5.4, 5.5 and 5.6 of
Circular No. 27/2015/TT-BTNMT;
4. Project Owner shall perform EIA Report by
itself. Any consultant that is hired to perform EIA Report must meet
requirements as set out in Article 13 of Circular No. 18/2015/NĐ-CP.
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1. The outline and cost estimates for the
establishment of EIA Report, Environmental Protection Plan according to Form as
prescribed in Appendix 2 enclosed herewith shall be submitted by Project Owner
to competent agencies for appraisal and approval.
2. Expenses for the establishment of EIA Report,
Environmental Protection Plan come from project capital.
Article 9. Appraisal and
approval for outline and cost estimates for establishment of EIA Report,
Environmental Protection Plan
1. Time limit for appraisal and approval for
outline and cost estimates for establishment of EIA Report, Environmental
Protection Plan is prescribed as follows:
a) No more than 10 working days since receipt of
the documentation as prescribed in Clause 1, Article 8 with respect to projects
as defined in Points 1, 2, Appendix III of Decree No. 18/2015/NĐ-CP;
b) No more than 07 working days since receipt of
the documentation as prescribed in Clause 1, Article 8 with respect to projects
not defined in Points 1, 2, Appendix III of Decree No. 18/2015/NĐ-CP;
In case the documentation is unqualified for
approval, within three working days since receipt of the documentation, the
competent agencies must issue a written notice to Project Owner stating the
reasons.
2. For the outline and cost estimates for the
establishment of EIA Report, Environmental Protection Plan for the projects
assigned by the Ministry of Transport to Project Owner for carrying out project
preparations, the Department of Environment shall organize appraisal and make submission
to the Ministry for approval.
Article 10. Appraisal and
approval for EIA Report, Environmental Protection Plan
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a) Establish EIA Report as prescribed in Article
6 of Circular No. 27/2015/TT-BTNMT and make the submission to competent
agencies as prescribed in Clause 1, Article 14 of Decree No. 18/2015/NĐ-CP for
appraisal, approval or establish registration documents for Environmental
Protection Plan as prescribed in Article 33 of Circular No. 27/2015/TT-BTNMT
and make the submission to competent agencies as prescribed in Article 32 of
Circular No. 27/2015/TT-BTNMT for confirmations;
b) Pay fees for the appraisal of EIA Report
according to Circular No. 218/2010/TT-BTC dated December 29, 2010 of the
Ministry of Finance;
c) Appoint competent personnel to proactively
cooperate with the Appraisal Agency, participate and provide explanations in
meeting sessions with EIA Report Appraising Board;
2. For EIA Report within competence of the
Ministry of Transport, the Department of Environment shall serve as the
standing agency in charge of appraisal as prescribed in Clauses 2, 3, 4, 5,
Article 14 of Decree No. 18/2015/NĐ-CP, Article 8 and Chapter V of Circular No.
27/2015/TT-BTNMT.
3. Agencies and units affiliated to the Ministry
of Transport must appoint experts that meet requirements as prescribed in
Article 19 of Circular No. 27/2015/TT-BTNMT to join the EIA Report Appraising
Board at the request of the Department of Environment.
Article 11. Completion of
EIA Report, Environmental Protection Plan
1. Project Owner must study and receive comments
on appraisal of EIA Report, complete EIA Report and send the documentation as
prescribed in Clause 1, Article 9 of Circular No. 27/2015/TT-BTNMT to the
Appraisal Agency within 15 working days since receipt of notifications about
appraisal results.
2. Based on contents of EIA Report or
Environmental Protection Plan, Project Owner shall determine and arrange
expenses for environmental protection task from total project investment
capital, and in case of need, make adjustments to the investment project to
ensure integration of the project’s environmental protection measures and
works.
3. Project Owner must send one certified true
copy of the approval decision for EIA Report or one certified true copy of
written confirmations on the coming project’s Environmental Protection Plan to:
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b) The Services of Transport concerning traffic
infrastructure investment projects governed by localities.
4. For projects with EIA Report being approved
by the Ministry of Natural Resources and Environment, Project Owner must send
one certified true copy of the approval decision for EIA Report to the Ministry
of Transport.
5. Project Owner must carry out re-establishment
of EIA Report as prescribed in Clause 1, Article 15 of Decision No.
18/2015/NĐ-CP; re-registration of Environmental Protection Plan as prescribed
in Clause 2, Article 35 of Circular No. 27/2015/TT-BTNMT.
6. The Approval Decision for EIA Report serves
as the basis for competent authorities to carry out the duties as prescribed in
Points a, b, d and dd, Clause 2, Article 25 of the Law on Environment
Protection. Written confirmations on Environment Protection Plan serve as the
basis for Project Owner to develop the implementation of the project.
Section 2: Project
Implementation Phase
Article 12. Project Owner
1. Project Owner must put commitments to
environment protection, waste treatment measures and negative impact minimizing
methods as described in approved or confirmed EIA Report or Environmental
Protection Plan in the bidding documents and contracts with construction
contractors.
2. Project Owner must be responsible for
organizing and managing the task of environmental protection in construction
activities and perform the followings:
a) Establish and grant approval for the
project’s environmental management plan according to Form as prescribed in
Appendices 2.9 and 2.10 enclosed with Circular No. 27/2015/TT-BTNMT and submit
an official dispatch according to Form as prescribed in Appendix 2.11 enclosed
with Circular No. 27/2015/TT-BTNMT to People’s Committees of communes where
consultation is provided during the implementation of EIA Report for
publication of the project's environmental protection plan before starting the
construction;
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c) Supervise and speed up the implementation of
measures to manage, collect and treat waste (especially hazardous waste),
measures to minimize dust, noise and vibration, and measures to respond to the
environment, guarantee traffic safety during the construction; on a weekly
basis, conduct the assessment of compliance with regulations on environment by
the contractor, keep written record of assessment according to Form as
prescribed in Appendix 3 hereof;
d) On a regular basis, organize environmental
monitoring, compilation, assessment and establishment of reports on compliance
with the project’s regulations on environment according to the construction
progress and make submission to environment agencies affiliated to People’s
committees of provinces and the agency that grants approval for EIA Report;
dd) In case activities of construction are
brought to a halt due to occurrence of environmental emergencies, perform
remedial measures and make immediate report to the agency that grants approval
decision and People’s Committees of communes, or People’s committees of
districts or the Service of Natural Resources and Environment where the project
is implemented;
e) Make explanatory reports to the agency that
grants approval for EIA Report on changes to scale, capacity and technology of
the project resulting in the increase in negative impacts on the environment
but not at the extent to which EIA Report must be re-established. Such changes
are allowed to be implemented only after a written approval is issued.
g) Keep records of environmental protection of
the project; cooperate and supply relevant information to environmental
protection authorities for inspection and investigation;
h) Handle violations of environmental protection
committed by the construction contractor as prescribed in the bid package under
terms and conditions of the signed contract.
Article 13. Construction
contractor
1. The construction contractor must comply with
the laws on environmental protection, standards and technical regulations on
environment and satisfy requirements for environmental protection under the
contract signed with Project Owner.
2. During the construction of traffic
infrastructure, the construction contract must perform the following basis
duties:
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b) Regularly supervise and speed up personnel
and staff to comply with requirements for environmental protection as
prescribed in the bid package during the construction; enhance awareness of
environmental protection among employees;
c) Collect, store, transport, treat or dump
solid waste (sludge, excavated earth, soil, dredged gravel, scraps...)
according to positions, methods and quantity as prescribed;
d) Collect and store domestic waste, sign a
contract with local service units for transport and treatment;
dd) Collect and store hazardous waste and sign a
contract with a licensed hazardous waste management unit for transport and
treatment;
e) Arrange temporary WCs, waste collection and
storage equipment, and wastewater treatment plants on the site, site offices
and workers’ shelter areas.
g) Implement measures to reduce dust, noise and
vibration, measures of water drainage and local anti-flooding; organize the
implementation of plans for emergency responses, ensure traffic safety
throughout the construction;
h) Conduct extraction of mineral to be used as
building materials, use natural resources of water; discharge wastewater to the
sources as prescribed in the law on minerals and natural resources of water;
organize and manage industrial explosives and construction blasting according
to the law on industrial explosives
i) Manage and maintain technical conditions of
transport vehicles and construction equipment and machinery according to
regulations on technical safety quality and environmental protection; comply
with regulations on vehicular weight; build shelters, prevent leakage or
scattering that may cause environment pollution during transport of raw
materials and waste.
k) Revert the environment to its original state,
conduct the cleanup of the site, rivers or canals after the bid package is
completed;
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3. The construction contractor is encouraged to:
a) Apply ISO 14000 in the task of environmental
management;
b) Apply measures to exploit and use building
materials in an appropriate, effective way and in ecological balance;
c) Re-use or recycle waste for useful purposes;
take full advantage of construction scraps in combination with research
findings or new technologies to create useful products in accordance with
regulations, ensure environmental safety and hygiene;
d) Establish environment protection funds as
prescribed in Clause 1, Article 149 of the Law on Environment Protection.
Article 14. Environmental
Consultant
1. Environmental consultant must obtain
certificates of satisfaction of requirements for environmental monitoring
activities (hereinafter referred to as the Certificate) as prescribed in the
Government’s Decree No. 127/2014/NĐ-CP dated December 31, 2014; contents of the
Certificate must conform with activities of environmental monitoring throughout
the construction.
2. Environmental consultant must comply with
technical processes in environmental monitoring, technical regulations on
environment and be responsible to Project Owner and the law for information and
figures it has established during the implementation of environmental
monitoring.
Section 3: PHASE OF
COMPLETION AND PUTTING THE PROJECT INTO OPERATION
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1. Owners of projects that have waste treatment
works must carry out trial operation of the waste treatment work as prescribed
in Clause 4, Article 10 of Circular No. 27/2015/TT-BTNMT and Clause 4, Article
16 of Circular No. 18/2015/NĐ-CP.
2. Project owners as entities as prescribed
Column 4, Appendix II enclosed with Circular No. 18/2015/NĐ-CP must carry out
the establishment of reports on the implementation of environmental protection
works serving the operation phase as prescribed in Clause 2, Article 12 of
Circular No. 27/2015/TT-BTNMT and make submission to the agency that grants
approval for EIA Report for inspection and confirmations before putting the
project into official operation.
3. Activities of inspection and confirmation on
environmental protection works serving the operation phase are prescribed in
Article 17 of Decree No. 18/2015/NĐ-CP and Chapter IV of Circular No. 27/2015/TT-BTNMT.
4. For projects with EIA Report being approved
by the Ministry of Transport, the Department of Environment shall carry out
inspection of environmental protection works and make submission to the
Ministry for confirmations
Chapter IV
INSPECTION AND REPORTS
Article 16. Annual
environmental reports
1. Annual environmental reports for each project
according to Form as prescribed in Appendix 4 enclosed herewith must be
established and sent by Project Owner before December 01 of the following year
to:
a) Vietnam Road Administration or Bureaus
affiliated to the Ministry of Transport responsible for state administration on
traffic infrastructure investment projects governed by the Ministry of
Transport;
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2. Vietnam Road Administration and Bureaus
affiliated to the Ministry of Transport shall make compilation and send annual
reports on environmental protection of traffic infrastructure investment projects
within their competence to the Ministry of Transport before December 10.
3. The Services of Transport shall make
compilation and send annual reports on environmental protection of traffic
infrastructure investment projects within local management to the Ministry of
Transport before December 10.
4. The Department of Environment shall compile
and make annual reports on environmental protection for the Transport Sector on
the basis of annual reports submitted by agencies as prescribed in Clauses 2
and 3 of this Article.
Article 17. Inspection of
environmental protection task
1. Plan for inspection of environmental
protection task as follows:
a) The plan must be annually established and
publicly notified to relevant agencies, units and project owners;
b) Inspection shall be conducted on compliance
with regulations on environmental protection and contents as approved in the
project’s AIR Report, Environmental Protection Plan throughout the
construction;
c) Inspection must be notified in writing to
Project Owner at least five days in advance.
2. The Department of Environment, Vietnam Road
Administration and Bureaus affiliated to the Ministry of Transport shall
coordinate establishment and implementation of the plan for inspection of
environmental protection task with respect to traffic infrastructure investment
projects centrally governed.
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4. In addition to provisions set out in Clause 2
of this Article, as requested, the Department of Environment shall carry out
irregular inspection of environmental protection task with respect to traffic
infrastructure investment projects within competence of the Ministry of
Transport.
Chapter V
IMPLEMENTATION
Article 18.
Responsibilities of General Department, Bureaus, Corporations, companies
affiliated to the Ministry of Transport
1. Strictly comply with regulations on
environmental protection and provisions set out hereof;
2. Have divisions, part-time or full-time
personnel in environmental protection
3. Organize appraisal and approval for outline
and cost estimates for the establishment of EIA Report and Environmental
Protection Plan of traffic infrastructure investment projects within
competence;
4. Propagate and instruct affiliated agencies
and units and groups of officials, civil servants and employees within
management to execute regulations on environmental protection and provisions
set out hereof.
Article 19.
Responsibilities of advisory agencies affiliated to the Ministry of Transport
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a) Instruct and deploy the task of environmental
protection in traffic infrastructure development as prescribed hereof;
b) Make annual reports to the Ministry on the
task of environmental protection of the Transport Sector;
c) Preside over establishment and submission of
the plan for inspection of environmental protection task to the Ministry for
approval and carry out the inspection of compliance with regulations on
environmental protection and provisions set out hereof.
2. The Department of Planning and Investment
shall make proposals to the Ministry for financing the task of environmental
protection, make adjustments to the strategy, planning and plans for transport
development and traffic infrastructure investment projects.
3. Organization and Personnel Department shall preside
over and cooperate with the Department of Environment in making proposals to
the Ministry for making decisions on commendations to agencies, organizations,
and individuals for achievements in the implementation of environmental
protection task according to the Law on Environmental Protection and provisions
set out hereof.
4. Ministry Offices, Ministry Inspectorate, and
Departments affiliated to the Ministry within functions and responsibility
shall be responsible for cooperating with Department of Environment in
organizing the execution of regulations on environmental protection and
provisions set out hereof.
Article 20.
Responsibilities of local authorities
1. People’s committees of central-affiliated
cities and provinces within management shall perform the exercise of this
Circular in the establishment and adjustment of the planning and plans for
transport development in localities and in traffic infrastructure investment
projects.
2. The Services of Transport shall comply
strictly with regulations on environmental protection and provisions set out
hereof; be proactive in grasping environmental developments at the construction
site in the administrative division; coordinate with the Ministry of
Transport’s Inspectorate in conducting inspection of environmental protection
task in the administrative division.
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This Circular takes effect since September 10,
2015 and supersedes the Minister of Transport's Circular No. 09/2010/TT-BGTVT
dated April 06, 2010 regulating environmental protection in traffic
infrastructure development and Circular No. 13/2012/TT-BGTVT dated April 24,
2012 amending and supplementing a number of articles of Circular No.
09/2010/TT-BGTVT.
Article 22. Implementary
provisions
Chief of the Ministry Office, Chief Inspector,
Director General of Vietnam Road Administration, directors-general of
specialized bureaus, heads of agencies, directors of the Services of Transport
and relevant organizations and individuals shall be responsible for executing
this Circular./.
THE MINISTER
Dinh La Thang