THE MINISTRY
OF INDUSTRY AND TRADE
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
35/2015/TT-BCT
|
Hanoi, October
27, 2015
|
CIRCULAR
ON ENVIRONMENTAL PROTECTION IN THE
INDUSTRY AND TRADE SECTOR
Pursuant to the
June 23, 2014 Law on Environmental Protection;
Pursuant to the
Government's Decree No. 19/2015/ND-CP of February 14, 2015, detailing a number
of articles of the Law on Environmental Protection;
Pursuant to the
Government’s Decree No. 18/2015/ND-CP of February 14, 2015, prescribing
environmental protection master plans, strategic environmental assessment,
environmental impact assessment and environmental protection plans;
Pursuant to the
Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the
functions, tasks, powers and organizational structure of the Ministry of
Industry and Trade;
At the proposal of
the Director of the Industrial Safety Techniques and Environment Agency;
The Minister of
Industry and Trade promulgates the Circular on environmental protection in the
industry and trade sector.
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GENERAL
PROVISIONS
Article
1. Scope of regulation
This Circular
prescribes environmental protection in the industry and trade sector in
formulation and adjustment of strategies, master plans, plans, schemes and
projects; production and business activities; examination and reporting
regimes, and responsibilities of environment state management agencies in the
industry and trade sector.
Article
2. Subjects of application
This Circular applies
to organizations and individuals that are engaged in investment, production and
business in Vietnam in sectors and fields under the Ministry of Industry and
Trade’s management, and other rEIAted organizations and individuals.
Chapter
II
ENVIRONMENTAL
PROTECTION IN FORMULATION OF STRATEGIES, MASTER PLANS AND PLANS
Article
3. Compilation of strategic environmental assessment reports
1. The Planning
Department shall annually summarize and report to leaders of the Ministry of
Industry and Trade for approval the list of sectoral development strategies,
master plans and plans which are subject to compilation of strategic
environmental assessment reports (below referred to as SEA reports).
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3. The responsible
unit shall make SEA reports in accordance with Article 8 of the Government’s
Decree No. 18/2015/ND-CP of February 14, 2015, prescribing environmental
protection master plan, strategic environmental assessment, environmental impact
assessment and environmental protection plan (below referred to as Decree No.
18/2015/ND-CP), in the course of formulation or adjustment of the industry and
trade sector’s development strategies, master plans and plans, and,
concurrently ask for opinions of the Industrial Safety Techniques and
Environment Agency, the Planning Department and rEIAted agencies and units on
SEA reports before sending them for appraisal under regulations.
4. Forms and contents
of SEA reports must comply with Appendices 1.2 and 1.3 to the Ministry of
Natural Resources and Environment’s Circular No. 27/2015/TT-BTNMT of May 29,
2015, on strategic environmental assessment, environmental impact assessment
and environmental protection plans (below referred to as Circular No. 27/2015/TT-BTNMT).
Article
4. Appraisal and approval of SEA reports
1. The responsible
unit shall make dossiers of request for appraisal of SEA reports in accordance
with Clause 1, Article 3 of Circular No. 27/2015/TT-BTNMT and send them to
competent agencies mentioned in Clause 1, Article 16 of the Law on
Environmental Protection for appraisal.
The appraisal must
comply with Article 10 of Decree No. 18/2015/ND-CP and Chapter V of Circular
No. 27/2015/TT-BTNMT.
2. For strategies,
master plans and plans falling within the approval competence of the Ministry
of Industry and Trade, the responsible unit shall make dossiers of request for
appraisal of SEA reports and send them to the Industrial Safety Techniques and
Environment Agency for appraisal and then report these strategies, master plans
and plans to leaders of the Ministry for consideration and approval. The order
is as follows:
a/ Within 30 (thirty)
working days after the receipt of a compete and valid dossier, the appraisal
agency shall appraise the SEA report;
b/ Within 5 (five)
working days after the end of the Appraisal Council’s meeting, the appraisal
agency shall notify in writing the appraisal result to the responsible unit;
c/ Within 30 (thirty)
working days after receiving the appraisal result, the responsible unit shall,
based on the appraisal opinion, complete the SEA report, include the SEA
implementation result in the draft strategy, master plan or plan and send the
dossier on the SEA report to the appraisal agency in accordance with Clause 1,
Article 5, Circular No. 27/2015/TT-BTNMT.
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1. Funds for
compilation of SEA reports shall be included in the funds for formulation of
strategies, master plans and plans and covered by the state budget’s economic
non-business funds or other funding sources (if any).
2. Funds for appraisal
of SEA reports shall be included in state budget’s non-business funds for
environmental protection.
Chapter
III
ENVIRONMENTAL
PROTECTION IN THE INVESTMENT PROJECT FORMULATION PHASE
Article
6. Compilation of environmental impact assessment reports and environmental
protection plans
1. Project owners
falling in any of the cases specified in Clause s, Article 33 of the Law on Environmental Protection
and Appendix II to Decree No. 18/2015/ND-CP shall compile environmental impact
assessment reports (below referred to as EIA reports) in accordance with
Article 12 of Decree No. 18/2015/ND-CP. EIA reports shall be formulated in the
project preparation phase.
Forms and contents of
EIA reports must comply with Appendices 2.2 and 2.3 to Circular No. 27/
2015/TT-BTNMT.
2. Project owners
falling in the case specified in Article 29 of the Law on Environmental
Protection shall register environmental protection plans under Article 18 of
Decree No. 18/2015/ND-CP and Article 33 of Circular No. 27/2015/TT-BTNMT in the
investment preparation phase.
Forms and contents of
environmental protection plans must comply with Appendices 5.4, 5.5 and 5.6 to
Circular No. 27/2015/TT-BTNMT.
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1. The project owner
shall prepare a dossier on the EIA report under Article 6 of Circular No.
27/2015/TT-BTNMT and send it to the appraisal
agency mentioned in Clause 1, Article 14 of
Decree No. 18/2015/ND-CP for appraisal and approval.
The appraisal of the
EIA report shall be conducted by the Appraisal Council and must comply with
Circular No. 27/2015/TT-BTNMT.
2. The appraisal
agency shall send a written notice to the project owner to pay EIA report
appraisal charges in accordance with the Finance Ministry’s Circular No.
218/2010/TT-BTC of December 29, 2010, prescribing rates and collection, payment
and use management of EIA appraisal charges, or other relevant regulations.
3. After receiving the
appraisal result, the project owner shall modify and complete the EIA report
and send it to the appraisal agency for consideration and submission to the
competent agency for approval.
4. For a project
falling within the Ministry of Industry and Trade’s investment decision and
approval competence but outside the list of projects specified in Appendix III
to Decree No. 18/2015/ND-CP, its owner shall make a dossier of request for
appraisal of the EIA report under regulations and send it to the Industrial
Safety Techniques and Environment Agency for appraisal and then submit it to
leaders of the Ministry of Industry and Trade for approval. The order is as
follows:
a/ Within 30 (thirty)
working days after the receipt of a compete and valid dossier, the appraisal
agency shall appraise the EIA report;
b/ Within 5 (five)
working days after the end of the Appraisal Council’s meeting, the appraisal
agency shall notify in writing the appraisal result to the project owner;
c/ Within 20 (twenty)
working days after receiving the appraisal result, the project owner shall,
based on the appraisal opinion, complete the EIA report and send it to the
appraisal agency for submission to leaders of the Ministry of Industry and
Trade for consideration and approval.
Article
8. Examination and certification of the completion of environmental protection
facilities serving the project operation phase
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Article
9. Funds for compilation and appraisal of EIA reports
1. Funds for
compilation of EIA reports shall be included in projects’ investment funds.
2. Funds for appraisal
of EIA reports shall be covered by revenues from appraisal charges of EIA reports.
3. Funds for
examination and certification of the completion of environmental protection
facilities serving the project operation phase shall be covered by
environmental non-business funds.
Article 10. Environmental
protection regulations in the phase of formulation of investment projects for a
number of specific fields
1. For projects
involving the exploitation of surface water (including seawater) or
exploitation and use of groundwater serving production and business activities,
surface water, groundwater or seawater exploitation and use licenses are
required under regulations on management of water resources.
2. For projects
involving the discharge of wastewater into receiving waters, dossiers of
application for licenses to discharge wastewater into water sources are required under
regulations on management of water resources, except the discharge of
wastewater into the centralized wastewater collection and disposal system
already licensed to discharge wastewater into water sources under wastewater
treatment or drainage agreements or contracts with organizations or individuals
managing the operation of such system.
3. For a project to
build hydropower plants with reservoirs, before storing water, its owner shall
EIAborate a reservoir clean-up plan and submit it to the EIA report approval
agency for examination and written approval.
4. For mining projects
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b/ To pay a deposit
for environmental rehabilitation and restoration.
Chapter
IV
ENVIRONMENTAL
PROTECTION IN PRODUCTION AND BUSINESS ACTIVITIES
Article
11. General environmental protection regulations for production and business
establishments
Owners of production
and business establishments shall:
1. Formulate and list
environment management plans at the head office of the commune- level People’s Committee
of the locality where production and business activities are carried out after
the EIA reports are approved.
2. Operate
environmental protection facilities: household and production wastewater and
gas emission collection and disposal system according to the process approved
in the certified EIA report or environmental protection plan.
3. Classify and manage
household and ordinary industrial solid waste under the Government’s Decree No.
38/2015/ND-CP of April 24, 2015, on management of wastes and scraps. Sign a
contract with the ordinary solid waste collection, transportation and disposal
unit in case they do not conduct disposal by themselves.
4. For hazardous
waste, compile a waste source owner registration book, classify the waste in
different groups, store it in storehouses and manage it in accordance with the
Ministry of Natural Resources and Environment’s Circular No. 36/2015/TT-BTNMT
of June 30, 2015, on hazardous waste management.
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6. Conduct
environmental monitoring for parameters and frequencies in EIA reports,
environmental protection plans or approved and certified equivalent documents
(monitoring units must possess a certificate of eligibility for provision of
environmental monitoring services in accordance with law).
Production and
business establishments outside industrial parks with a daily discharge volume
of 1,000 m3 of wastewater or more (excluding cooling water) shall
install constant automatic wastewater monitoring systems.
For gas emissions,
establishments on the list provided in Appendix 1 to this Circular shall
install constant automatic gas emission monitoring systems.
The system of
monitoring equipment shall be inspected and calibrated under regulations to
ensure the reliability of monitoring data.
7. Develop the
environmental management system
a/ Production and
business establishments on the list provided in Appendix 2 to this Circular
shall certify the environmental management system;
b/ Production and
business establishments on the list provided in Appendix 2 to this Circular
using the environmental management system meeting national standard TCVN ISO
14001 which remains valid are not required to develop the environmental
management system but shall commit to implementing the provisions of Article 27
of the Government’s Decree No. 19/2015/ND-CP of February 14,2015, detailing a
number of articles of the Law on Environmental Protection.
Article
12. Environmental protection in the import of scraps from abroad for use as
production raw materials
1. Organizations and
individuals may only import from abroad the scraps on the Prime Minister-issued
list for use as production raw materials.
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Article
13. Response to environmental incidents
1. Production and
business establishments shall formulate plans and schemes and prepare physical
and technical foundations to respond to, and remedy the consequences of, environmental incidents.
2. In case of
occurrence of an environmental incident, the production and business
establishment shall directly report such incident and remedial measures to the
state management agency in charge of environmental
protection and concurrently to the
provincial-level Department of Industry and Trade of the locality where the
incident occurs and the superior management unit for summarization and
reporting to the Ministry of Industry and Trade.
3. A mineral
exploitation and processing establishment having a tailings reservoir shall
formulate and approve an operation scheme and a plan on prevention of and
response to environmental incidents of the reservoir and send them to
the provincial-level Department of Industry and Trade and Department of Natural
Resources and Environment for monitoring and supervision.
4. Environmental
management agencies of the industry and trade sector shall:
a/ Investigate, make
statistics of, and assess dangers of environmental incidents in the industry
and trade sector;
b/ Build capacity to
prevent, warn dangers of, and respond to, environmental incidents in the
industry and trade sector;
c/ Work out annual and
five-year plans on prevention of and response to environmental incidents in the
industry and trade sector.
Chapter
V
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Article
14. Examination of environmental protection work
1. Annually,
environmental management agencies of the industry and trade sector shall
formulate examination plans and organize their implementation. The examination
contents of environmental protection work cover examination of the compliance
with the law on environmental protection and the fulfillment of commitments in environmental management
plans.
2. The planned
periodical examination shall be notified in writing 7 (seven) working days in
advance. In an extraordinary case, when a sign of violation of environmental
protection regulations is detected or a denunciation is lodged, the examination
may be conducted without written notification in advance.
3. Production and
business establishments shall:
a/ Examine their
compliance with the law on environmental protection and their commitments;
b/ Observe examination
decisions, strictly comply with conclusions of examination delegations and take
responsibility before law for their violations of the law on environmental
protection.
Article
15. Reporting on environmental work
1. Reporting on
environmental work of production and business establishments
a/ Reporting on
environmental work shall be carried out periodically once a year;
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c/ Production and
business establishments in the industry and trade sector not mentioned at Point
b, Clause 1, Article 15 of this Circular shall send reports to provincial-level
Departments of Industry and Trade before March 31 of the year following the
reporting year, made according to the form provided in Appendix 3 to this
Circular, for summarization and reporting to the Ministry of Industry and
Trade;
d/ In an extraordinary
case, the Ministry of Industry and Trade shall request units to report or
provide information in writing.
2. Environmental
reports of the industry and trade sector
The Industrial Safety
Techniques and environment Agency shall make annual and five-year environmental
reports in the fields under the Ministry of Industry and Trade’s management and
send them to the Ministry of Natural Resources and Environment under
regulations.
Chapter
VI
IMPLEMENTATION
PROVISIONS
Article
16. Responsibilities of agencies under the Ministry of Industry and Trade’s
1. The Industrial
Safety Techniques and Environment Agency, an environmental management agency of
the Ministry of Industry and Trade, shall:
a/ Appraise SEA and
EIA reports which fall within the approval competence of the Minister of
Industry and Trade. Examine and supervise the satisfaction of environmental
protection requirements mentioned in SEA and EIA reports;
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c/ Urge and examine
the implementation of handling measures by seriously polluting establishments
in the industry and trade sector;
d/ Act as the focal
point of the industry and trade sector in the prevention of, response to and
remedy of environmental incidents, and in environment restoration;
dd/ Guide, direct,
examine, summarize and report on environmental protection work in the industry
and trade sector in accordance with law and this Circular.
2. The Planning
Department shall take charge of summarizing and submitting to the Ministry’s
leaders the list of sectoral development strategies, master plans and plans for
approval which are subject to formulation of EIA reports according to this
Circular.
3. The Ministry’s
units assigned to formulate sectoral development strategies, master plans and
plans, schemes and projects shall collaborate with the Industrial Safety Techniques
and Environment Agency and rEIAted agencies in formulating, appraising and
submitting SEA and EIA reports for approval.
Article
17. Responsibilities of provincial-level Departments of Industry and Trade
1. To examine under
provincial-level People’s Committees’ instruction or coordinate with the
environmental management agency of the Ministry of Industry and Trade in
examining the implementation of the law on environmental protection in
accordance with law and this Circular.
2. To summarize and
compile reports on environmental work in the industry and trade sector in
localities and send them to the Ministry of Industry and Trade, made according
to the form provided in Appendix 4 to this Circular, before April 30 of the
year following the reporting year.
Article
18. Responsibilities of production and business establishments
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2. To formulate and
disseminate environmental management plans to the cadres and employees of the
establishments, review and evaluate environmental
protection results at the establishments.
3. In addition to the
above regulations, groups and corporations of the Ministry of Industry and
Trade shall:
a/ Formulate
environmental protection regulations for groups and corporations and guide
member units to compile environmental work reports in accordance with this
Circular;
b/ Consider the establishment
of a division in charge of environment or assign full-time personnel to assist
the establishments’ leaders in managing environmental protection activities.
Article
19. Implementation provisions
1. This Circular takes
effect on December 10, 2015.
2. The Minister of
Industry and Trade’s Decision No. 52/2008/QD-BCT of December 30, 2008,
promulgating the Temporary Regulation on environmental protection in the
industry and trade sector, ceases to be effective on the effective date of this
Circular.
3. In case legal
documents or standards referred to in this document are changed, modified or
replaced, the regulations in the new document shall be complied with.
4. Any problems or
difficulties arising in the course of implementation should be promptly reported
to the Ministry of Industry and Trade for consideration and decision.-
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FOR THE
MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER
Hoang Quoc Vuong
APPENDIX 1
LIST OF LARGE-FLOW GAS EMISSION SOURCES
(To the Minister of Industry and Trade s Circular No. 35/2015/TT-BCT of
October 27, 2015)
No.
Types of
production establishments
Scale/Capacity
1
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More than 200,000 tons per year
2
Thermal power
Except natural gas-fuelled thermal power
plants
3
Chemicals and chemical fertilizers
More than 10,000 tons per year
4
Petroleum production
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5
Industrial steam boilers
More than 20 tons of steam per hour
APPENDIX 2
LIST OF TYPES OF
PRODUCTION ESTABLISHMENTS REQUIRED TO CERTIFY THEIR ENVIRONMENTAL MANAGEMENT
SYSTEMS
(To the Minister of Industry and
Trade's Circular No. 35/2015/TT-BCT of October 27, 2015)
No.
Types of
production establishments
Scale/Capacity
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Production establishments containing
radioactive substances or generating radioactive waste
Exceeding the exemption level prescribed by
the law on radiation safety and control
2
Oil refining and petrochemical plants; oil and
gas exploitation establishments
All
3
Basic chemical, paint and printing ink,
rubber, pesticide, detergent, additive and chemical fertilizer manufacturing
establishments
10,000 tons of products or more per year
4
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50,000 tons of products or more per year
5
Battery manufacturing establishments
300,000 KWh or 600 tons of products or more
per year
6
Establishments exploiting solid minerals
(including waste rock and minerals)
500,000 m3 of primitive products or more per
year
7
Rare earth, non-ferrous metal and radioactive
mineral processing establishments
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8
Cast iron and steel establishments
200,000 tons of products or more per year
9
Industrial clusters
200 hectares or more
10
Pulp mills
25,000 tons of products or more per year
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Alcohol and liquor plants
1 million liters of products or more per year
12
Beer and soft drink plants
50 million liters of products or more per year