Circular 32/2015/tt-Bgtvt: Regulations On Environmental Protection In The Development Of Transport Infrastructure

Original Language Title: Thông tư 32/2015/TT-BGTVT: Quy định về bảo vệ môi trường trong phát triển kết cấu hạ tầng giao thông

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TRANSPORT DEPARTMENT
Number: 32 /2015/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 24, 2015

IT ' S SMART

Regulation of environmental protection in the development of the rural infrastructure structure g

________________________

The National Environmental Protection Act. 55 /2014/QH13 June 23, 2014;

The Building Law Building. 50 /2014/QH13 June 18, 2014;

Base of Protocol 107 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Transport;

Base of Protocol 18 /2015/NĐ-CP February 14, 2015 of the Government provides for environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan;

On the recommendation of the Minister of the Environment,

The Minister of Transport provides for environmental protection in the development of transport infrastructure.

Chapter I

COMMON RULES

What? 1. The tuning range, subject

1. This information regulates environmental protection in the development of transport infrastructure.

2. This information applies to agencies, organizations, individuals related to the development of transportation infrastructure.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. Environmental protection. is the activity that keeps the environment in good, clean; prevention, limiting the bad impact of building activities to the environment, environmental incident application; environmental remediation, environmental degradation; restoration and improvement of the environment; exploitation, use of contract. natural resource efficiency and efficiency; protection of biodiversity in the development of transportation infrastructure.

2. Environmental Report is the establishment and provision of information related to the data, data of natural environmental components, natural resources in terms of reserves, ecological value, economic value; on environmental impacts; on waste, levels of pollution, deference, and more. Recession and information on other environmental issues due to the construction of transportation infrastructure.

3. Project owner is the agency, the organization responsible for implementing investments in investment, management of investment projects under the law on investment, construction, including:

a) The agency, the organization of the state governing body, is the owner of the investment portfolio of investment projects that builds the infrastructure of transportation;

b) The investor, the project business contracting the investment project contract to build the transport infrastructure in the form of a public partnership with a competent state agency.

Chapter II

ENVIRONMENTAL PROTECTION IN STRATEGY, PLANNING,

TRANSPORTATION DEVELOPMENT PLAN

What? 3. Strategic environmental assessment

1. Agency for construction or strategic adjustment, planning, transport development planning (later known as the CQK Legislature) must implement a strategic environmental assessment (later known as ĐMC) by regulation at Article 8 of the number of transactions in the United States. 18 /2015/NĐ-CP The February 14, 2015 Government of the Government regulates the environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan (later known as the Numerical Decree). 18 /2015/NĐ-CP ) at the same time as the process of building or regulating strategies, planning, planning.

2. Form, structure, DMC report content is regulated at Annex 1.2 and 1.3 Digital News No. 1. 27 /2015/TT-BTNMT May 29, 2015, of the Minister of Natural Resources and Environment on Strategic Environment assessment, assessment of environmental impact and environmental protection plan (later known as Digital Information) and Environmental Protection. 27 /2015/TT-BTNMT).

3. The existing CQK self-implementation facility, the chartered advisory organization, has to be eligible for regulation at Article 9 of the Digital Protocol. 18 /2015/NĐ-CP.

What? 4. The Proposition and Proposition Report

1. The scheme and the provision of a prescribed-form HMC report in Annex 1 of this Innex must be appointed by the agency CQK the authority of the appraisal authority, approved immediately after being assigned to build or regulate strategy, planning, planning.

2. The timing of the appraisal, approval of the proposal and the bill to report the DMC report is no more than 07 days of work, since the date of receiving the prescribed record at 1 Article. The case case is not eligible for approval, the authorities have the authority to respond in writing to the CQK legislature within 3 working days, since the date of receiving the case and stating the reason.

3. The cost of reporting DMC is part of the capital building or strategic adjustment, planning, development of transportation development.

4. For the proposal and envisage the DMC report of strategy, planning, planning by the Ministry of Transport for the Institutional Transport of CQK, the Environment Bureau of the Environment, the Ministry of Appropriation.

What? 5. DMC reports

1. The CQK Legislature is responsible:

a) Set up the DMC report by regulation at Article 3 Digital 27 /2015/TT-BTNMT The authorities have jurisdiction over the provisions of Article 16 of the Environmental Protection Laws for the organization of the appraisal;

b) A cadre of active authority in coordination with the authority of the appraisal and participation, the program at the session of the jury's appraisal report.

2. For the DMC report under the jurisdiction of the Department of Transport, the Environment case is a permanent body of appraisal, the organization that performs a regulatory operation under regulation at Article 10 of the number of Protocol. 18 /2015/NĐ-CP And the Digital V Chapter. 27 /2015/TT-BTNMT.

3. Agency, unit of the Ministry of Transport for Transport must send an expert response to the regulation at Article 19 Digital 27 /2015/TT-BTNMT participate in the panel component that reports the DMC at the request of the Environment.

What? 6. Complete BMC report

1. The CQK Legislature must further study the appraisal of the EMC report, integrating the implementation of the ĐMC implementation into the strategic draft, planning, planning, and during a maximum 15-day period of work, since the date received notice of the decision to send the body. I'm looking at the rules. 27 /2015/TT-BTNMT.

2. The report results report that the DMC report is the base for the authority to review, approve the strategy, the planning, the transportation development plan.

Chapter III

ENVIRONMENTAL PROTECTION IN CONSTRUCTION INVESTMENTS TRAFFIC INFRASTRUCTURE

Item 1

PROJECT PREPARATION STAGE

What? 7. Environmental impact assessment and Environmental Protection Plan

1. The project owner must perform an environmental impact assessment (later known as ĐTM) by regulation at Article 12 Digital Protocol. 18 /2015/NĐ-CP or register the Environmental Protection Plan (later known as KHBVMT) under Article 18 Digital Protocol 18 /2015/NĐ-CP in the project prep phase.

2. Form, structure, DTM report content is regulated at Appendix 2.2 and 2.3 Digital. 27 /2015/TT-BTNMT.

3. Form, structure, KHBVMT content is regulated at Appendix 5.4, 5.5 and 5.6 Digital. 27 /2015/TT-BTNMT.

4. The existing self-implementation project host, the leased advisory organization DTM must have sufficient regulatory conditions at Article 13 of the Digital Protocol. 18 /2015/NĐ-CP.

What? 8. Proposition and draft of the EIA report, KHBVMT

1. The scheme and draft of the EIA report, KHBVMT in accordance with the specified form at Annex 2 of this Information must be subject to an appraisal agency project, approval after being assigned to prepare the project.

2. The cost of the EIA report, KHBVMT is of the project capital investment capital.

What? 9. appraisation, offer approval and draft of the EIA report, KHBVMT

1. The timing of the appraisal, the proposed approval and draft of the EIA report, the KHBVMT is specified as follows:

a) No more than 10 days of work, since the date of receiving the prescribed record at paragraph 1 Article 8 for projects under the 1, 2 Annex III Protocol No. 1. 18 /2015/NĐ-CP;

b) No more than 07 days of work, since the date of receiving the specified profile at 1 Article 8 for projects not part of point 1, 2 Annex III Protocol No. 1. 18 /2015/NĐ-CP.

Case cases are not eligible for approval, the authorities have the authority to respond in writing to the project owner within three days of work, since the date received the case and specify the reason.

2. For the proposal and draft of the EIA report, the KHBVMT of projects assigned by the Department of Transportation to prepare the project, the Environment Bureau of the Appraisal, the Ministry of Appropriation.

What? 10. Verify, approve the TTM report and confirm KHBVMT

1. The project owner is responsible:

a) Set up the DTM report by regulation at Article 6 Digital 27 /2015/TT-BTNMT The authorities have jurisdiction under the provisions of Article 14 of the number. 18 /2015/NĐ-CP to organize the appraisal, approve or set up KHBVMT registration records by regulation at Article 33 Digital News 27 /2015/TT-BTNMT The authorities have jurisdiction over regulation at Article 32 of the number. 27 /2015/TT-BTNMT to confirm;

b) The charge for the appraisal of the EIA report by Digital 218 /2010/TT-BTC December 29, 2010 of the Ministry of Finance set the record, revenue, file, and management to use the DTM appraisal fee;

c) A cadre of active authority in coordination with the authority of the appraisal in the organization of the activities of appraisal and participation, the program at the session of the council of the appraisal of the EIA report.

2. For the EIA report under the jurisdiction, approval of the Department of Transport, the Environment case is a permanent body of appraisal, the organization performing a regulatory operation under regulation at paragraph 2, 3, 4, 5 Article 14 No. 14. 18 /2015/ND-CP, Article 8 and Chapter V No. 27 /2015/TT-BTNMT.

3. Agency, unit of the Ministry of Transport for Transport must send an expert response to the regulation at Article 19 Digital 27 /2015/TT-BTNMT participate in the council component that reports TTM at the request of the Environment.

What? 11. Complete EIA report, KHBVMT

1. The project owner must study the reception of the appraisal, the completion of the project's EIA report, and for a maximum of 15 working days, since the date of receiving a notice of the appraisal results must be sent to the body of the specified case appraisal in paragraph 1 Article 9. 27 /2015/TT-BTNMT.

2. On the basis of the content of the EIA report or KHBVMT, the project owner has the responsibility to identify, layout costs for environmental protection in the total investment of the project and in the case of need, adjust the investment project content to secure the cage of the project. The solution, the environmental protection of the project.

3. The project owner must send 1 copy of the decision to approve the project 's DTM report or 01 copy of the project' s confirmation of KHBVMT of the project to:

a) The Directorate General of Vietnam or the Bureau is responsible for the management of the state department on the investment project for the construction of the transport infrastructure of the transportation infrastructure;

b) The Department of Transport is relevant for the investment project construction of the local-managed transport infrastructure.

4. For projects released by the Ministry of Natural Resources and Environment, the project owner must send 1 copies of a confirmation of the decision to approve the TTM report of the project on the Ministry of Transport.

5. The project owner must reestablish the TTM report by regulation at paragraph 1 Article 15 digital decree 18 /2015/NĐ-CP; posted to KHBVMT by regulation at paragraph 2 Article 35 Digital 27 /2015/TT-BTNMT.

6. The decision to approve the EIA report is the base for granting authority to carry out the regulatory work at point a, b, d and the 2 Article 25 Environmental Protection Laws. The confirmation of the KHBVMT registry is the base for the project owner to implement the project.

Item 2

PROJECT EXECUTION PHASE

What? 12. For the project owner

1. The project owner must take the environmental protection commitment, waste disposal measures, adverse impact mitigation measures to the environment in the TTM or KHBVMT report that has been approved by the authority to approve or confirm the project on the tender and contract filing. You know, with the contractors of construction.

2. The project owner must be responsible for organizing, managing the environmental protection work in the construction operation and having to take the following work:

a) Set, approve the environmental management plan of the project under the prescribed pattern at Annex 2.9 and 2.10 Digital metrics. 27 /2015/TT-BTNMT And there ' s a sample of the document at Appendix 2.11. 27 /2015/TT-BTNMT to the People's Committee of the People's Committee, which consulted during the implementation of the TTM implementation process for publicly listing the project's environmental management plan prior to the construction of construction;

b) Instructs, propagation, disseminables to cadres, employees of contractors of the contents of the environmental management plan and waste disposal measures, the mitigation of adverse effects on the environment for the bid the contractor execs;

c) The supervising organization, the contractor execs, the procurement, disposal, waste disposal (especially hazardous waste) measures, dust, vibration, vibration, and advisory measures, ensuring safety in construction; periodically. weekly review of the environmental compliance of the contractor and set up, storing its assessment of the assessment by the template at Annex 3 This Information;

d) periodically organizing environmental and synthetic observations, evaluation, reporting on compliance with environmental protection content of the project according to the construction of the construction competition for environmental protection of the Provincial People's Committee and the approval agency. Browse the EIA report;

The case of an environmental incident must stop the operation, implement the remedy and report immediately to the approval agency to invest the project and the People's Committee of the People's Committee or the Department of Natural Resources or the Environment and Environment Department. Project execution;

e) The agency program report approx the TTM report in the case of a scale-changing project, capacity, technology that increases adverse impact on the environment than the method in the TTM report but has not yet reached the level of resetting the TTM report and is only done. changes after having the approval text of the agency to approve the EIA report;

g) The environmental protection records of the project; cooperate, provide relevant information to the state governing body for environmental protection in inspection, inspection; and other information.

h) The violation of the construction contractor ' s construction on the environmental protection work in the bid under the terms of the signed contract.

What? 13. For the construction contractor

1. The construction contractor must comply with the provisions of the law on environmental protection, standards, environmental engineering regulations, and adequate response to environmental protection in the contract signed with the project owner.

2. In the construction of the transport infrastructure construction, the construction contractor must perform the following basic work:

a) The organization imples the requirements of the project ' s environmental management plan and waste disposal measures, the mitigation of adverse impact on the environment for the bid by the contractor;

b) regularly monitoring, managing officers, employees comply with environmental protection requirements for the procurement process during construction; raising awareness, environmental protection for workers;

c) Coller, save, transport, process or dump solid waste processing (e.g. mud, soil peaches; mud, soil, sand, gravel dredging; scrap, construction of construction) in place, methods and volumes of regulation;

d) The collection, storage of living waste and contracts with the local environmental hygiene unit for transportation, processing or self-handling under the measure specified;

Collection, storage of hazardous waste and contracts with units with a license to conduct hazardous waste management to transport, processing;

e) Toilet Layout, collection equipment, waste storage, temporary wastewater treatment work on public construction, public office and field operations office;

g) Implemonations of dust, vibration, vibration, drainage measures, anti-local measures; construction and organization implementing the incident response method, ensuring safety of traffic during the course of the public examination;

h) Mining for building materials for building materials, using water resources, discharge of wastewater into the right water supply to the law of minerals and water resources; the organization of industrial explosives materials and mines in accordance with law enforcement. Industrial detonation.

i) Management, maintenance, maintenance of the technical state of transport, vehicle, equipment, construction work machine construction regulations on quality, technical safety and environmental protection; compliance with regulations on vehicle load; shield, compartment, and maintenance of the site. It ' s leaking, it ' s contaminated the environment in the transport of materials, waste throughout the course of the process.

n) The environment, cleaning up the sanitation, the water, the channel after the completion of the bid;

l) Cooperation, provide relevant information to the state governing body for environmental protection in inspection, inspection.

3. Recommend the construction contractor:

a) The implementation of the environmental management by ISO 14000;

b) Apply the extraction and use of raw materials for a reasonable, efficient, balanced environment;

c) Re-use, recycling waste to use for useful purposes; capitalize on scrap, building waste combined with the results of scientific research or new technology to form useful products, standard suits and safety guarantees, environmental hygiene;

d) Quote the environmental protection fund as specified at 1 Article 149 Environmental Protection Laws.

What? 14. For environmental advisory contractor

1. Environmental Consultational Consultational Consultational contractor must have a qualified certificate of environmental observational service under the Digital Protocol. 127 /2014/ND-CP December 31, 2014 of the Government stipulated the conditions of the environmental monitoring operation organization; the contents of the certificate must be consistent with environmental observational content in the process of construction project construction.

2. Environmental Consultational Consultational contractor has to comply with environmental observational engineering processes, environmental engineering standards, and accountable to the project holder and before the law on the information, the number of figures created in the implementation of the work. environmental observations.

Section 3

THE END PHASE BUILDS THE PROJECT OF THE PROJECT INTO MINING USE.

What? 15. The report completed the environmental protection work

1. The projects with waste disposal work, the project owner must carry out the operation to test the waste treatment process by regulation at paragraph 4 Article 10 Digital Information. 27 /2015/TT-BTNMT And the Fourth Article 16. 18 /2015/NĐ-CP.

2. The project owner of the specified objects at column 4 Annex II Protocol II 18 /2015/NĐ-CP You have to report the results of the results of the environmental protection work in accordance with the provisions of Article 12 of Article 12. 27 /2015/TT-BTNMT sent the agency to approve the DTM report for inspection, confirmation before taking the project into official operation.

3. Operate testing, validation of the environmental protection work that serves the phase of the project to be regulated at Article 17 Digital Protocol. 18 /2015/NĐ-CP And Chapter IV of the Fourth. 27 /2015/TT-BTNMT.

4. For projects conducted by the Department of Transportation approved of the EIA report, the Environment Bureau of the Environment, the Department of Public Affairs confirmed the environmental protection work of the project to operate the project.

Chapter IV

TEST WORK, REPORT

What? 16. Annual Environmental Report

1. The annual environmental protection advisory of each investment project construction project construction infrastructure in Annex 4 This is to be held by the owner of the project, which sends before 1 December of the next year:

a) The President of Vietnam Road or the Department of Transportation in the Department of Transport is responsible for the management of the state specialized to the investment project for the construction of the transport infrastructure.

b) The Department of Transport is relevant for the investment project construction of the local-managed transport infrastructure.

2. The Directorate General of Vietnam Road and the Department of the Department of Transport for General Transport and Star Service to protect the annual environmental protection of the investment projects in the construction of the transport infrastructure of the state's jurisdiction over the Ministry of Transport. Pre-transport by 10 December.

3. The combined transportation department and the annual environmental protection report of the investment projects builds on the local transport infrastructure of the Ministry of Transport by the Ministry of Transport prior to 10 December.

4. The environmental case aggreging the annual environmental protection of investment projects construction of the construction infrastructure of transportation infrastructure by regulatory agencies at paragraph 2 and paragraph 3 This is sent in the industry ' s annual environmental protection business report. Transportation.

What? 17. The environment protects the environment

1. The environmental protection work test plan is done as follows:

a) Must be built annually and publicly inform the relevant agencies, units and projects;

b) The audit contents include adhering to the regulation of the law on environmental protection and the contents approved in the TTM report, KHBVMT of the project in construction construction;

c) The examination must be notified first to the project holder by text in the period of at least five days before the execution of the test.

2. The Environment Service, the Directorate General of Vietnam Road and the Department of Transportation Coordination of Coordinated Transport, implement an environmental protection operation plan for investment projects that build the Central Transportation Infrastructure infrastructure.

3. The construction of the Transport Department, which performs an environmental protection operation plan for investment projects construction of local-managed transport infrastructure.

4. In addition to regulation at paragraph 2 This, in the case of necessity, the Environment Bureau of the Organization for Organizational Examination under the direction of the leadership of the Department of Environmental Protection on the project to the investment project to build a traffic infrastructure structure. State Department of Transportation.

Chapter IV

THE ORGANIZATION.

What? 18. The responsibility of the Directorate General, the Bureau, the Corporation, the Companies of the Transport Ministry

1. strict approval of the laws of environmental protection and regulations.

2. Have the department, the department of charge or/or the task of environmental protection.

3. Organization for the appraisal, approval of the proposal and envisage the EIA report, KHBVMT projects investment projects that build the jurisdiction of the jurisdiction to decide investment.

4. Propaganda, guidelines, subordinated units and cadres, officials, officials, employees of the regulatory authority implement legislation on environmental protection and the provisions of this Privacy.

What? 19. The responsibility of the staff of the Department of Transport

1. The environmental case is responsible:

a) Guide, deployment of environmental protection in development of regulatory infrastructure development in this Information;

b) A set of years of planning, the leadership of the Ministry of Transport for the annual environment of transportation;

c) The construction of the construction site, the Department of the Department of the Department of Approved Inspection of the Environmental Protection Plan and the implementation of the implementation of the regulatory implementation of the Environmental Protection Act and the provisions of this Information in the investment of the construction of the transport infrastructure.

2. The Plan-Investment-Head of the Department of Appropries Appropries the state budget budget of the Ministry of Public Works Protection in construction, strategic adjustment, planning, transportation development plans and in the investment project construction project. It ' s a structural infrastructure structure.

3. The Organization of the Presiding Officer, in collaboration with the Environment Leadership Bureau that determines the forms of commendation to the agencies, organizations, individuals whose achievements in the implementation of an investment project environmental protection project to build a transport infrastructure. following the laws of environmental protection and regulations.

4. Department Office, Inspector, Department of Affairs, Department of the Ministry on duty functions responsible for coordinating with the Environment Bureau implementing the laws of environmental protection and regulations of this information in the investment of infrastructure construction. Traffic.

What? 20. Local agency responsibility

1. The People ' s Committee of the provinces, the Central City of the Central Committee that organizes this information in the construction work, regulates the planning, local traffic development plans and in the investment project that builds the traffic infrastructure of the scope. management.

2. The strict approval of the Transport Department rules regulatory regulation on environmental protection and regulations of this information; actively taking the situation, acting on the environment at the construction site construction site construction structure construction site; participation in the site. The Department of Transportation ' s Environmental Protection Corps of the Department of Transport for investment projects builds up the traffic infrastructure on the management site.

What? 21.

This announcement comes into effect from September 10, 2015 and replaces the Digital Information. 09 /2010/TT-BGTVT April 6, 2010 by the Minister of Transport for the Protection of Environmental Protection in the development of Traffic Infrastructure and Numerical Infrastructure Development. 13 /2012/TT-BGTVT April 24, 2012 of the Minister of Transportation amended, complements some of the provisions of the Digital Information Information. 09 /2010/TT-BGTVT April 6, 2010.

What? 22. Terms of execution

Chief of the Department, Chief Inspector of the Department, the chief ministers, the Chief Directorate General of Roads, the Director of the Department of Experts, the Head of the Agency, the Director of the Department of Transport and the Organization, the relevant individual responsible for the enforcement of the Hey.

Minister.

(signed)

The La rose.