Circular 35/2015/tt-Bct: Regulations On The Protection Of Industrial And Commercial Industry Environment

Original Language Title: Thông tư 35/2015/TT-BCT: Quy định về bảo vệ môi trường ngành Công Thương

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MINISTRY OF COMMERCE
Number: 35 /2015/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 27, 2015

IT ' S SMART

Environmental protection regulations g

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The Environmental Protection Law Base June 23, 2014;

Base of Protocol 19 /2015/ND-CP February 14, 2015 by the Government Regulation ch i I don't know. Stain. It's the Environmental Protection Laws. to Yeah. Oh! g;

Base of Protocol 18 /2015/NĐ-CP February 14, 2015 of the Government Regulation of Environmental Protection Planning, Environmental Protection. Ah! What? Ah! strategic environment, environmental impact assessment and environmental protection plan;

Base of Protocol 95 /2012/NĐ-CP December 27, 2007 of the Government Regulating Functionality, Mission, Regulation Okay. Limit and muscle All The organization of the Ministry of C cell A Love.

At the suggestion of the Bureau of Safety and Industrial Environment,

The Minister of Public Works of the Ministry of Commerce provides provisions for the protection of the environmental industry.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides for the protection of the Industry of Industry in the establishment, strategic adjustment, planning, planning, project, project; in manufacturing operations, business; inspection mode, reporting and accountability by the state governing body of the environment. Business school.

What? 2. Subject applies

It applies to organizations, individuals with investment, manufacturing, and business in Vietnam in industries, sectors of the management responsibilities of the Ministry of Commerce and other organizations, and other individuals involved.

Chapter II

ENVIRONMENTAL PROTECTION IN STRATEGY, PLANNING, PLANNING.

What? 3. Strategic environmental assessment report

1. Every year, the Aggregate Accountability Plan, which reports the Department of Commerce to approve the portfolio of strategies, planning, industry development planning to report a strategic environmental assessment (later known as the DMC report).

2. On the basis of the approved portfolio, the unit is tasked with building strategies, planning, industry development plans (later known as the maintenance unit) to build the scheme and bill the funding of the Ministry of Trade Industry Leaders ' report. approval.

3. The presiding unit is responsible for the construction of the prescribed DMC report at Article 8 Digital Protocol 18 /2015/NĐ-CP February 14, 2015 of the Government Regulations on the Environmental Protection Planning, Strategic Environment assessment, environmental impact assessment and environmental protection plan (later known as the Digital Protocol), the World War II. 18 /2015/NĐ-CP ) in the process of building or regulating strategy, planning, the development of the Industry of Commerce, at the same time, to the initiative of the Department of Public Safety and Industrial Environment, the Planning and Agencies Case, which is relevant to the BMC report before Send the prescribed appraisal.

4. The form and content of the DMC report by regulations at Appendix 1.2 and 1.3 issued by Digital Information 27 /2015/TT-BTNMT May 29, 2015, of the Ministry of Natural Resources and Environment assessment of strategic environmental assessment, environmental impact assessment and environmental protection plan (later known as Digital Digital). 27 /2015/TT-BTNMT).

What? 4. Judge, report to the BMC report

1. The filing holder for the filing of the report recommended that the DMC report as specified in Clause 1 Article 3 of the Digital Information 27 /2015/TT-BTNMT The authorities have jurisdiction under Article 16 of the Environmental Protection Laws to hold the appraisal.

The organization of the appraisal is in accordance with Article 10 of the Number of Assemblies. 18 /2015/NĐ-CP And the Digital V Chapter. 27 /2015/TT-BTNMT.

2. For the strategy, planning, plan to be approved by the Ministry of Commerce ' s approval, the presiding unit is responsible for the filing of a proposed filing for the decision to report the DMC to the Safe Engineering and Industrial Environment of the appraisal, report the Ministry of Public Affairs. Review, Strategy, Planning, Planning. The following sequence:

a) In the period of no more than 30 (thirty) days of work since the date received full of valid dosages, the appraisal agency is responsible for organizing the DMC reporting appraisal;

b) During the period 05 (year) day of work, since the end of the Council meeting of the appraisal, the body for the appraisal of notice in writing of the appraisal results;

c) In the period of no more than 30 (thirty) working days, since the date of receiving the appraisal results notice, the presiding unit has the responsibility of fining the DMC report in accordance with the appraisal opinion, integrating the implementation of the ĐMC implementation into the strategic, planning, plan. Planning and sending the agency to report the DMC report by Regulation 1 Article 5. 27 /2015/TT-BTNMT.

What? 5. Cost of planning, appraisal report

1. The funding of the DMC report is set up in the budget of strategic construction, planning, planning due to state budget guarantees from the funding of economic and other sources if available.

2. The funding for the operational appraisal of the DMC report is arranged from the source of the state budget that operates a career in environmental protection.

Chapter III

ENVIRONMENTAL PROTECTION IN THE FIRST PHASE OF INVESTMENT PROJECT

What? 6. Set up environmental impact assessment and Environmental Protection Plan

1. Chairman of the investment project in one of the prescribed cases at paragraph 5 Article 33 Environmental Protection Law and Annex II issued under the Digital Protocol. 18 /2015/NĐ-CP is responsible for reporting the environmental impact assessment (later known as the DTM report) as prescribed at Article 12 of the number of US Census. 18 /2015/NĐ-CP The EIA report must be done in the project phase.

The form and content of the DTM report by regulation at Appendix 2.2 and 2.3 are accompanied by Digital Information. 27 /2015/TT-BTNMT.

2. The investment project owner of the specified case at Article 29 Environmental Protection Laws is responsible for registering the Environmental Protection Plan under Article 18 of the Digital Protocol. 18 /2015/NĐ-CP And Article 33 Digital. 27 /2015/TT-BTNMT in the first phase of investment.

The form and content of the Environmental Protection Plan by regulations at Annex 5.4, 5.5 and 5.6 issued by the Digital Information Act. 27 /2015/TT-BTNMT.

What? 7. Approvation, DTM report approx

1. The project owner is responsible for filing the DTM report by regulation at Article 6 Digital News. 27 /2015/TT-BTNMT The agency has jurisdiction in accordance with Article 14 of the Digital Decree. 18 /2015/NĐ-CP to organize your appraisal, approval.

The appraisal of the EIA report is conducted through the Council of Appraisal and organization of regulations under regulation at Digital Information. 27 /2015/TT-BTNMT.

2. The Agency for the appraisal of notification by text for the project owner to charge the EIA report appraisal by Digital Information 218 /2010/TT-BTC December 29, 2010 of the Ministry of Finance set the record, the revenue, filing, and management to use the DTM appraisal fee or other relevant regulation.

3. After receiving the notice results notice, the project owner conducts editing, fining the EIA report and sending about the appraisal agency to review, the authorities with the authority to approve.

4. For the decision by the decision authority, approve the investment of the Ministry of Commerce but not under the portfolio of regulatory projects at Annex III issued with the Digital Protocol. 18 /2015/ND-CP, The Project Department owner recommends the appraisal of the EIA report by the submission of the Department of Safe Engineering and Industrial Environment appraisal, the Director of the Ministry of Commerce of Commerce approx. The following sequence:

a) In the period of no more than 30 (thirty) days of work since the date received full of valid records, the appraisal agency is responsible for organizing the EIA report appraisal;

b) During the period 05 (year) day of work, since the end of the Council meeting of the appraisal, the body of the appraisal of notice in writing of the appraisal results for the project master;

c) During no more than 20 (twenty) of working days, since the date of receiving the appraisal results notice, the project owner has the responsibility to complete the EIA report in accordance with the appraisal opinion, sending the agency the appraisal of the Department of Commerce review review, approx.

What? 8. Check out, confirm completion of the environmental protection works that serve the project operating phase.

The project of the subject must confirm the completion of the prescribed environmental protection works at Annex II issued by the Digital Protocol. 18 /2015/ND-CP, The project holder is responsible for filing a report for the results of the results of the environmental protection work that sent the agency to approve the EIA report, which confirmed before the project into the official operation.

What? 9. Business planning, TTM report appraisal

1. The funding for the EIA report is positioned from the source of the project investment capital.

2. The funding for the EIA report appraisal operation is arranged from the source of the TTM report appraisal fee.

3. The funding for the test operation, validation of the completion of the environmental protection works that serves the project operation stage is taken from the environmental industry ' s funding.

What? 10. Environmental protection regulations in the period of investment projects for certain areas of the world ' s special forces.

1. The projects that have water mining operations (including seawater), mining, use of underwater water serving manufacturing operations, business must apply for a license to exploit, use of the surface, the extraction permit, the use of water under the ground, the inaugural permit. falls, using seawater by regulation of water resource management.

2. The projects that operate wastewater discharge into the next sources must set up a Wastewater Discharge Permit to discharge wastewater discharge into water resources by regulation of water resource management, except for the case of discharge of wastewater into the collection system, the centralized wastewater treatment is granted. The permit to discharge wastewater into the water source and with a deal or contract, drain the wastewater with the organization, the individual management of the collection system, which handles the wastewater focused.

3. For the construction project of hydroelectric power plants with water reservoirs, prior to the implementation of the project the project owner's plan to clean up the agency's program approved the DTM report for inspection, written approval.

4. For mineral mining projects

a) Build a plan and implement the process of renovation, environmental recovery for the entire process of mining the regulatory body that has jurisdiction over regulatory approval;

b) Perform an environmental recovery fund.

Chapter IV

ENVIRONMENTAL PROTECTION IN OPERATION. MANUFACTURING, BUSINESS

What? 11. Joint environmental protection regulations of the manufacturing facility, business and business.

The owner of the production facility, the business is responsible:

1. Environment management planning and listing at the headquarters of the Department of the People's Committee where there is manufacturing activity, business after the EIA report is approved.

2. Operate environmental protection works: Wastewater Collection And Disposal System, production wastewater, and regulatory emissions approved in the TTM report or Environmental Protection Plan confirmed.

3. Implemenation and management of the active solid waste, the conventional industrial solid waste by regulation at the Digital Protocol. 38 /2015/NĐ-CP April 24, 2015 Government of Waste Management and Scrap Management. Contracting with the unit with the capacity to collect, transport and dispose of ordinary solid waste in the absence of self-handling.

4. For hazardous waste, it must be set to register the source of waste, categorising according to different groups, stored in the repository and regulatory management at Digital Information. 36 /2015/TT-BTNMT June 30, 2015 by the Ministry of Natural Resources and Environment on hazardous waste management.

5. The production activities under the Large-scale Watershed Emissions Portfolio at Appendix 1 issued this Smart, which must proceed to register of the regulation of industrial emissions by regulation at Article 45 of the number of countries. 38 /2015/NĐ-CP April 24, 2015 Government of Waste Management and Scrap Management.

6. Implemonation of environmental observations on the parameters and frequency in the TTM report, environmental protection plan or equivalent text approved, confirmed (The unit implementation of the observation must be granted a Certificate of Qualified Service in Service Operations). environmental observations by law.

The manufacturing facility, the business outside the industrial zone, has a 1000 m discharge discharge. 3 /night-on-night (not including cooling water) has to install continuous automated sewage system.

For emissions, the base of the Prescribed Portfolio at Appendix 1 issued by this Smart must install the continuous automatic emissions monitoring system.

The observational equipment system must be regulated and calibrated by regulation to ensure reliability of the number of observations.

7. Building the Environment Management System

a) The manufacturing facilities, the business of the specified Category at Annex 2 issued by this message must implement the environmental management system;

b) The manufacturing facilities, the business of the specified Category at Annex 2 issued by this Notice apply the environmental management system under the National Standard TCVN ISO 14001. But it has to be committed to implementing regulations in Article 27 of the Digital Protocol. 19 /2015/ND-CP February 14, 2015 of the Government Regulation details the implementation of some of the provisions of the Environmental Protection Law.

What? 12. Environmental Protection in the operation to import scrap from abroad as raw materials produce.

1. The organizations, individuals, are only allowed to import scrap of scrap from abroad for raw materials produced by the Prime Minister issued by the Prime Minister.

2. The organizations, individuals directly using imported scrap as raw materials produce or receiving import trusts must be obtained by a Certificate of Environmental Protection Agency for environmental protection in the import of scrap and the implementation of the protection fund. ensure import of the import by regulation at the Digital Decree 38 /2015/NĐ-CP April 24, 2015 Government of Waste Management and Scrap Management.

What? 13. Environmental breakdown.

1. Manufacturing facilities, business planning responsibility, methodology and preparation of facilities, techniques for application of environmental incidents, remediation of consequences due to environmental incidents.

2. The case of environmental incidents, production facilities, business is responsible for reporting directly on environmental incidents and remedied measures to the state regulatory agency on environmental protection, while the local Department of Commerce reports incident. and the top-level holder to report the Ministry of Commerce reports.

3. For the mining facilities, the mineral processing has a reservoir-waste reservoir, which must establish and approve the operation, the prevention plan, the application of waste reservoir environmental incidents to the Department of Commerce, the Department of Natural Resources and Environment. Surveillance, surveillance.

4. Industry Environment Management Agency has a responsibility:

a) Investigation, statistics, assessment of the risk of environmental incidents within the scope of the Industry;

b) Building the capacity of prevention, warning of risk and application of the environmental industry incident;

c) Building the prevention and application of the annual industry environmental incident and the 5th (year) year.

Chapter V.

CHECK AND REPORT ENVIRONMENTAL PROTECTION

What? 14. Environmental Protection of Environmental Protection

1. Every year, the industry environmental management agency is responsible for the construction of the test and organization plan. Environmental protection for environmental protection includes examination of the compliance of the law on environmental protection and the implementation of commitments in environmental management planning.

2. The periodic examination of the plan must be notified by text before 07 (seven) days of work. In case of a break-up, when there are signs of a violation of environmental protection regulations or whistled orders, the inspection does not require prior written notice.

3. For the manufacturing facility, business

a) Have to examine the implementation of the provisions of the law on environmental protection at the facility and the commitment of the facility;

b) Accept the decision to examine, implement the examination of the examination and be accountable to the law on the behavior of the environment.

What? 15. Environmental Work Report

1. The environmental business report of the manufacturing facility, business

a) The environmental work report is made periodically 1 (one) time/year;

b) The Corporation, Corporate Corporation, Industry in the Ministry of Trade is responsible for reporting the environmental work by regulation at the Digital Information Service. 22 /2013/TT-BCT October 14, 2013 of the Ministry of Commerce regulates the declaration, management and use of the Department of Industry Environmental Data;

c) The manufacturing facilities, the business sector business that are not subject to the subject at Point 1 Article 1 Article 15 This information is responsible for reporting the Department of Commerce before March 31, the next year of the year reporting by regulations at Annex 3 issued by This is for the General Trade Report.

d) The case of a sudden, the Ministry of Commerce recommended that the units report or provide written information.

2. Industry Environment Report

The Department of Public Safety and Industrial Environment reports an annual environmental situation and reported a total of 05 (five) years according to the management fields of the Ministry of Commerce sent by the Ministry of Natural Resources and Environment.

Chapter VI

EXECUTION CLAUSE

What? 16. The responsibility of the organs of the Ministry of Commerce

1. The Department of Public Safety and Industrial Environment is the environmental regulator of the Ministry of Trade in charge:

a) The organization of the appraisal of the DMC report, the DTM report under the approval of the Minister of Industry ' s approval. Examination, which oversees the implementation of environmental protection requirements in the DMC report, DTM;

b) Statistics industry environmental indicators; construction and management of the trade environment database system;

c) The foreman, examining the implementation of the handling measures of the serious environmental pollution facilities of the Industry;

d) Head of prevarable work, environmental incident application, environmental breakdown, environmental restoration, environmental rehabilitation;

Organization, guide, test, synthesis, and report of the environmental protection industry according to the laws of this law and this information.

2. The composite master plan case, the Leader of the Department of Appropriation of the Strategic Strategy, Planning, Planning, and Development Plan must first report the DMC in accordance with this information.

3. The units of the Ministry are tasked with building strategies, planning, industry development plans, projects, projects that are responsible in coordination with the Department of Public Safety and Industrial Environment, relevant agencies in the construction, appraisal process, and the development process. and the DMC and DTM report approx.

What? 17. The responsibility of the Department of Commerce

1. The Chair performs an inspection at the direction of the Provincial People's Committee or in coordination with the Department of Commerce ' s environment management body examining the implementation of the laws of environmental protection under the provisions of this law and this information.

2. General and build a report on the Ministry of Commerce in the locality to the Ministry of Commerce as specified in Annex 4 issued this, before 30 April the next year of the year of the report.

What? 18. The responsibility of the manufacturing facility, business

1. Accept the regulations of the law on environmental protection, inspection mode, inspection, breach of breach, report on environmental protection in accordance with the provisions of this law and this information.

2. Build an environmental and popular management plan for the employees ' public staff, the organization of the final, evaluate the results of the implementation of the environmental protection work at the facility.

3. In addition to the above regulations, the Corporation, the Company ' s General Manager is responsible:

a) Building the statute, the regulation of environmental protection applies to the Corporation, the Corporation, and the guidance of member units to report environmental work in accordance with this provision.

b) Consider the establishment of an environment in charge of the environment or the layout of the staff in charge of helping the unit Leader to manage the environmental protection operation.

What? 19. Terms of execution

1. This message has been in effect since December 10, 2015.

2. Number Decision 52 /2008/QD-BCT December 30, 2008, of the Minister of Commerce, the interim Regulation of the Environmental Protection Environmental Protection Department will run out of force since this date is effective.

3. In the case of law-breaking texts, the standard invoked in this text has the change, addition, or replacement, as specified in the new text.

4. In the course of execution, if there is a matter of birth or entanging of organizations, the individual reflects on the Ministry of Commerce for consideration, decision ./.

KT. MINISTER.
Chief.

(signed)

The United Nations.