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Circular 35/2015/tt-Btnmt: On The Protection Of The Environment In Economic Zones, Industrial Zones, Export Processing Zones, High-Tech Zones

Original Language Title: Thông tư 35/2015/TT-BTNMT: Về bảo vệ môi trường khu kinh tế, khu công nghiệp, khu chế xuất, khu công nghệ cao

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DEPARTMENT OF RESOURCES AND ENVIRONMENT
Number: 35 /2015/TT-BTNMT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 30, 2015

IT ' S SMART

In terms of environmental protection, industrial zones, The construction site, the tech sector. o

_________________________

The Environmental Protection Law Base June 23, 2014;

Base of Protocol 99 /2003/NĐ-CP August 28, 2003 by the Government on the Department of High-tech Sector Regulation;

Base of Protocol 29 /2008/NĐ-CP March 14, 2008 by the Government Regulation of Industrial Zone, Manufacturing Zone and Economic Zone; Decree No. 164 /2013/ND-CP November 12, 2013 by the Government amended, adding some of the provisions of the Digital Protocol. 29 /2008/NĐ-CP March 14, 2008 by the Government Regulation of Industrial Zone, Manufacturing Zone and Economic Zone;

Base of Protocol 80 /2014/ND-CP August 6, 2014 The government is out of water and wastewater treatment;

Base of Protocol 38 /2015/NĐ-CP April 24, 2015 by the Government on Waste Management and scrap;

Base of Protocol 21 /2013/NĐ-CP March 4, 2013 of the Government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Natural Resources and Environment;

At the suggestion of the Attorney General of the Environment and the Secretary of the Law of France;

The Minister of Natural Resources and the Environment Department of Natural Resources for the Protection of Economic Zone, Industrial Zone, Manufacturing Sector, High-tech Zone.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information regulates Article 65, Article 66 of the Environmental Protection Act 2014; Point 1 and Point 2 Article 7, Point 1 Article 11, Clause 1 and Clause 3 Articles 29, Clause 1 Article 34 The Number 1 Article 29 /2008/NĐ-CP March 14, 2008 by the Government Regulation of Industrial Zone, the manufacturing sector and the economic zone (later called the Digital Protocol). 29 /2008/NĐ-CP); the environmental protection regulations for the economic zone, the industrial zone, the manufacturing zone, the high tech sector stipulated at Point a and Point A 1 Article 43 digital decree. 38 /2015/NĐ-CP April 24, 2015 by the Government on Waste Management and scrap (the following calls for the Digital Protocol). 38 /2015/NĐ-CP).

What? 2. Subject applies

It applies to the state governing body; organization, individuals in and outside of the country are involved in environmental protection in the economic zone; industrial areas, manufacturing zones, high tech zones (later known as industrial zones).

Chapter II

ENVIRONMENTAL PROTECTION.

What? 3. Evaluation of the ability to meet the environmental protection conditions when established, expand the economic zone

1. The proposed agency, expanding the economic zone responsible for assessing the environmental protection conditions of the economic zone. The content and evaluation results must be fully expressed in the established profile, expanding the economic zone.

2. Content evaluating the ability to meet the regulatory environment protection conditions at Appendix 1 issued by this message.

What? 4. Verify the ability to meet the environmental protection conditions when established, expand the economic zone.

1. In the twenty-20 (20) days of work since the date of receiving the text of the decision to be established, expand the economic zone of the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the ability to meet the environmental protection conditions, send the document. The announcement of the results of the investigation to the Ministry of Planning and Investment and relevant agencies, the decision to establish, expand the economic zone.

2. The test form:

a) The test, evaluation of information, data, analysis results, assessment;

b) The area of the area environment is expected to be established, expanding the economic zone. The necessary case, which performs measurements, takes samples of the test analysis;

c) consultation with the organization, the individual involved.

What? 5. Engineering infrastructure protection of the economic zone environment

1. The proposed agency established, expanding the economic zone responsible for planning, building and operating the engineering infrastructure protection of the economic zone under the regulation at Clause 2 This and sending written notice to the Ministry of Natural Resources and Environment. School to track, check on regulations.

2. Engineering infrastructure protection of the economic zone includes:

a) System collection, retention, processing of solid waste;

b) The harvesting and drainage system; the collection system, drainage and sewage treatment;

c) The network of environmental quality views around;

d) Green tree area planning;

Other environmental protection techniques.

What? 6. Environmental Protection when regulating the planning in the economic zone

1. When there is regulation adjustment in the economic zone, the required case, the competent agency takes the opinion of the Ministry of Natural Resources and the Environment on the ability to meet the environmental protection conditions of the economic zone.

2. Content evaluating the ability to meet the environmental protection conditions when adjusting the planning in the specified economic zone at Annex 2 issued by this message.

3. During the twenty (20) days of work since the receiving text of the proposal, the Ministry of Natural Resources and the Environment, which has a written opinion of a competent organ that decides to regulate the planning of the economic zone. The required case, the Ministry of Natural Resources and Environment assessed the fact, taking the opinion of the institutions, the individual involved.

Chapter III

PROTECT THE INDUSTRIAL ENVIRONMENT

What? 7. Request for environmental protection in the planning of construction of industrial zone

1. The planning of functional areas within the industrial zone must ensure minimization of the effects of the production of pollutants with other types of production; favorable for prevention work, environmental breakdown application.

2. The projects in the industrial zone have an environmental safety gap according to the national technical regulation of engineering infrastructure works to mitigate the possibility of influencing other facilities in the industrial zone and the economic-social subjects around the world. Around the industrial area.

3. Infrastructure protection engineering is aligned in accordance with the types of investment in the industrial zone, ensuring a reduction in adverse impacts on the environment.

4. Green tree area within the minimum industrial area accounts for 10% of the total area of the entire industrial zone.

What? 8. The investment building infrastructure protection of the industrial zone environment

1. Infrastructure protection engineering includes: rainwater drainage, centralized wastewater treatment systems (including sewage collection systems, centralized wastewater treatment plants, sewage drainage systems), solid waste storage areas (if available in the system), the wastewater treatment system. There ' s an automated sewage system, automated sewage systems and other environmental protection techniques. The infrastructure protection engineering infrastructure must be designed synchronally and subject to regulation, construction and construction engineering regulations, and the regulation of the relevant environmental engineering.

2. The drainage system in the industrial zone must ensure the following requirements:

a) separate the collection system, drain the sewage with the rainwater system;

b) The collection system, the wastewater drainage must be located, the gas hole is suitable for connecting with the wastewater discharge point of the facilities and ensuring the wastewater escape capacity of the industrial zone; the location of the wastewater junction is on the collection line of the regional drainage system. industry and placed outside the land portion of the premises;

c) The exhaust point of the industrial wastewater treatment wastewater treatment system at the source of reception must be deployed outside the industrial sector fence, which has a signage, has a minimum area of an area (01) m. 2 And there ' s a way to facilitate the inspection, the emissions control.

3. The industrial wastewater treatment plant must ensure the following requirements:

a) Can be divided into multiple units (modules) in accordance with the filling and operation progress of the industrial zone but must guarantee the full treatment of the wastewater that arise to the environmental engineering scale; there is a meter that measures the input water flow; there is public. Independent electric motors; encouraging the adoption of eco-friendly technology, energy savings;

b) There is an automated, continuous observational system for the parameters: output of output water, pH, temperature, COD, TSS and some other characteristic parameters in the wastewater of the industrial sector before the release of the source reception at the request of the approval decision. Review the environmental impact assessment. The automated observational system must ensure the technical requirements of connectivity to transmit automatic data, continuity of the Department of Natural Resources and Environment.

4. The construction of the drainage system, the centralized wastewater treatment, the industrial rain drainage system of the industrial zone must be completed before the industrial zone goes into operation.

What? 9. Industrial wastewater management

1. The wastewater of the manufacturing facilities, business, services in the industrial zone:

a) The wastewater must be handled according to the written conditions in the text of the agreement with the construction and business owner infrastructure of the industrial sector before it connects to the industrial sector ' s collection system to continue processing at the wastewater treatment plant. ensuring environmental engineering standards before the release of the source, except for the specified case at Article 4;

b) The wastewater from manufacturing facilities, business, services in the industrial zone transferred to the unit with a processing function must have a wastewater treatment contract with the unit with the right function under the current regulation.

2. The collection network and drainage system, wastewater must be regularly maintained, maintenance periodically to ensure always in normal operating conditions.

3. Manage and operate the centralized wastewater treatment plant:

a) Every single (module) or wastewater treatment plant that focuses regularly on the process of technology that has been approved, ensuring the disposal of all wastewater to the standard of environmental engineering; having a fully documented operating journal, the retention is preserved. to serve the test, detective. The journal ensures content: the amount of sewage, the amount of electricity consumed, the chemicals used, the amount of sludge;

b) The device measures the input water flow, automated observational device that maintains 24-hour operation and automatic data transmission, continuity of the Department of Natural Resources and Environment;

c) There are at least three (03) managers operating a centralized wastewater treatment plant, in which the officer in charge must have a higher level of higher levels of expertise in environmental technology majors, chemical technology, biotechnology, electrical or engineering engineering. -Level, drain.

4. The cases are exempt from the match:

a) A manufacturing facility, business, services that handles wastewater treatment to a regulated environmental engineering standard, and also the bidding of a collection system, sewage treatment of industrial-centered industrial wastewater, which generates an unreasonable cost to the facility;

b) The manufacturing facility, business, wastewater generation services are beyond the ability to receive, the processing of the industrial-focused wastewater treatment system, and the basis of wastewater treatment to the standard of environmental engineering;

c) The manufacturing facility, business, service in the industrial zone where the industrial sector has not yet had a centralized wastewater treatment system, is simultaneously the basis for wastewater treatment to the standard of environmental engineering.

5. For the specified cases at Point a, Point 4 This Article 4, the most unified base with building investment and business infrastructure business sector in terms of the separation solution to self-treatment of the wastewater and submit the report by stipulation at paragraph 7 Article 16. Number Protocol 18 /2015/NĐ-CP February 14, 2015 of the Government regulates the environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan (later abbreviated as Protocol No. 2), the report said. 18 /2015/NĐ-CP ). The report includes:

a) The proposed text and the proposed separation solution for self-handling of the wastewater of the facility in the industrial zone by the prescribed pattern at Annex 3 issued by this message (accompanied by the latest periodic wastewater observations);

b) The separation agreement connects to the owner of the construction and infrastructure of the industrial sector.

6. Do not dilute the wastewater before the regulatory exhaust at Point 2 Article 2 Article 8 This message.

What? 10. Gas management and noise in the industrial zone

1. The manufacturing facility, business, service in the industrial zone of emissions, the noise must invest, install the exhaust treatment system, minimize the noise that ensures environmental engineering standards.

2. Manufacturing, business, service in the industrial zone of emissions under the Prescribed Portfolio at the Appendix issued by Decree No. 2. 38 /2015/NĐ-CP having to implement the registration of emissions sources, automated emissions observations, continuity and data transfer of the Department of Natural Resources and Environment.

3. Recommend the application of environmental-friendly manufacturing technology, energy savings, especially for industries that are at risk of emissions of large air pollution pollutants.

What? 11. Conventional Solid Waste Management, hazardous waste that arise in the industrial zone.

1. Manufacturing, business, services in the industrial sector must classify conventional solid waste, medical waste and hazardous waste; self-processing or contract contracting, handling with the qualified unit by law.

2. The waste wastewater treatment plant, industrial zone drainage and industrial facilities in the industrial zone must be collected, transported, and processed or reused under the rule of sewage management legislation.

What? 12. Prevention, obituary and Remedy Environmental Incident in the Industrial Zone

1. The environmental management and environmental monitoring program must include the prevention plan, the application, and the recovery of the environment incident with the following main content:

a) Define and evaluate the risk of environmental incidents in the course of the operation of the industrial zone, situations for each of the possible types of environmental incidents;

b) The precautions against each environmental incident; the exclusion of the cause of the environmental incident;

c) The position of position of force in place to ensure readiness to be applied and remedied to each environmental incident situation; training planning, training on prevention, application and environmental breakdown;

d) Installation, test and secure the equipment, instruments, facilities needed to respond to environmental incidents;

The mechanism of implementation, method of notification, alarm and mobiles of human resources, equipment within and outside of the industrial zone to respond to the level of environmental incidents; the mechanism of coordination between organizations, individuals concerned in the region during the application process. An environmental incident;

e) The solutions that fix the environmental pollution when the environmental incident occurs;

g) The method of mobilization of financial resources for the implementation of the prevention plan, the application of the environment, and the remediation of environmental incidents.

2. The investment and business sector infrastructure is responsible for the construction and implementation of the prevention plan, the application of the regulatory environment, and the provision of the regulatory environment in Clause 1 Article.

What? 13. Environmental Protection when there is regulation adjustment, planning, operations in the industrial zone.

1. During the construction and operation of the industrial sector, when there is regulation of scale, planning, engineering infrastructure, industry portfolio but not yet to the point of resetting the environmental impact assessment report, construction investment owner and infrastructure business. having to submit a report by regulation at paragraph 7 Article 16 of the Digital Decree 18 /2015/NĐ-CP The report pattern specified in Annex 4 issued to this message.

2. During the twenty (20) days of working days since receiving the report, the agency has the authority to review and announce the results for the building of construction and business sector infrastructure. The necessary case, the agency with the authority to organize the actual examination, took the expert opinion and the relevant agency for consideration, the decision.

Chapter IV

ENVIRONMENTAL PROTECTION LIABILITY, INDUSTRIAL ZONE

What? 14. The responsibility of the Management Board of Economic Zone, Industrial Zone

1. The department head is in charge of environmental protection to organize the environmental protection of the economic zone, the industrial zone by law. The holder of the position in charge of the environmental protection department must meet the following conditions:

a) There is a higher degree of undergraduate degree in environmental management; science, technology, environmental engineering; chemistry, biology;

b) There is a minimum of three (03) years of experience working in the field of the environment.

2. Building a combination of economic zone environmental protection, industrial zone between the management of the Economic Zone, industrial zone with the Department of Natural Resources and Environment, the District People 's Committee, the city, the town directly belongs to the Provincial People' s Committee, the city. It is approved by the Central Committee.

3. Guide, construction of building investment and industrial infrastructure business, manufacturing facilities, business, service in the economic zone, industrial zone under the jurisdiction of implementing environmental protection regulations; detection and timely reporting. with the state governing body having jurisdiction to address, process laws that violate environmental protection; mobilize the forces of the application, overcome environmental incidents in the economic zones, the industrial sector.

4. periodically reporting the environmental protection of the economy, the industrial zone to the Provincial People's Committee, and the Ministry of Natural Resources and Environment before January 15, each year. The report pattern stipulated in Annex 5 issued by this message.

5. Public information on environmental protection of the economic zone, industrial zone; propagation, disseminalization of laws that violate the environmental protection of environmental protection for construction and business sector infrastructure, manufacturing facilities, business, service, and business. Economic zone, industrial zone.

6. Coordinate with the authorities to address environmental disputes between manufacturing facilities, service business in the economic zone, industrial zone or with organizations, individuals outside the economic zone, industrial zone.

7. Coordinate the inspection, inspection and disposal of environmental protection against the activities of construction and business sector infrastructure and manufacturing facilities, businesses, services in the economic zone, industrial zone.

8. Perform the governing content and protect the economy of the economy, the other industrial area according to the function, the mission assigned or authorized.

What? 15. The responsibility of the investment owner and business sector infrastructure

1. There is a specialized division of environmental protection that meets the following conditions:

a) There are at least three (03) persons;

b) The curator of environmental protection must have a degree of undergraduate degree becoming specialized in environmental management; science, technology, environmental engineering; chemistry; biology and a minimum of two (02) years of experience working in the fields of environmental and environmental management. School.

2. Permanent Operations, continuously work on the industrial infrastructure protection of the industrial sector, ensuring the area of green trees in the industrial zone by regulation at Clause 4 Article 7 of this.

3. Implemenation of the industrial zone environmental monitoring program under the rule of law.

4. Overall, the report results on environmental and environmental monitoring results, business manufacturing facilities, services in the industrial zone to the Management Board of the Economic Zone, Industrial Zone, Department of Natural Resources and the Environment before Aug. 31, 2017. December every year. The report pattern stipulated in Annex 6 issued by this message.

What? 16. The responsibility of the project owner and the owner of manufacturing, business, service in the industrial zone

1. The project holder and owner of manufacturing, business, service in the uniformed industrial zone and sign the terms of the wastewater match conditions agreement with the owner of the construction and business sector infrastructure; the wastewater junction of the facility into the collection system. Wastewater treatment of wastewater treatment plants is concentrated under the supervision of the investment owner and business sector infrastructure; except for the specified case at point b 1 and Clause 4 Article 9 of this.

2. The regulatory facilities at Clause 4 Article 9 must have a wastewater treatment system that ensures environmental engineering standards, the organization of wastewater and prescriptions for the protection of the environment for wastewater under the rule of law.

3. Perform the environmental observational program, report by law, and inform the investment of the building and business sector infrastructure.

4. Do other environmental protection responsibilities as defined by law.

Chapter V.

EXECUTION CLAUSE

What? 17.

1. This message has been in effect since August 17, 2015.

2. Digital News 08 /2009/TT-BTNMT July 15, 2009 by the Minister for Natural Resources and Environment Management and Environmental Protection of the Economic Zone, high tech sector, industrial complex and cluster of industry and digital information. 48 /2011/TT-BTNMT December 28, 2011 by the Minister of Natural Resources and the revised Environment, complements some of the provisions of the Digital Information 08 /2009/TT-BTNMT The effective date from this date is effective.

What? 18.

1. The President of the Environment Guide, examines the implementation of this Information, periodically reporting the environmental protection of the economy, the Department of Natural Resources and Natural Resources reporting the Prime Minister.

2. The ministries, peer agencies, government agencies, the People's Committee, the Department of Natural Resources and the Environment, the Management of the Economic Zone, the Industrial Zone and the organizations, the individual who are involved in the responsibility of this private practice.

3. The implementation of the state management of environmental protection against the economic zone, the regulatory sector in this information is used by the funding from the environmental and other sources according to the law.

4. In the course of execution, if there is difficulty, entanged, recommended agencies, organizations, individuals that reflect on time about the Ministry of Natural Resources and the Environment for the study of the amendment, added to the appropriate ./.

Minister.

(signed)

Nguyen Minh Quang