Circular 42/2013/tt-Btnmt: Detailing The Evaluation Service Operating Conditions Environmental Monitoring And Certification Form

Original Language Title: Thông tư 42/2013/TT-BTNMT: Quy định chi tiết việc thẩm định điều kiện hoạt động dịch vụ quan trắc môi trường và mẫu giấy chứng nhận

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MINISTRY OF NATURAL RESOURCES and the ENVIRONMENT _ _ _ _ _ _ _ _ the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ no: 42/2013/TT-BTNMT Hanoi, 3 December 2013 CIRCULAR detailing the evaluation service operating conditions environmental monitoring and certification form _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on environmental protection on November 29, 2005;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 27/2013/NĐ-CP on 29 March 2013 of government regulations about the conditions of the Organization activity services environmental monitoring;
At the suggestion of the General Director of the Department of the environment and Director of the legislation;
The Minister of natural resources and the environment issued a circular detailing the evaluation service operating conditions environmental monitoring and certificate templates.
Chapter I GENERAL PROVISIONS article 1. Scope this circular detailing the evaluation condition monitoring service operations environment and qualified certificate template active environmental monitoring services.
Article 2. The object that applies to this circular applies to the environmental management agency, active organization environmental monitoring services (hereinafter collectively referred to as the Organization) on the territory of the Socialist Republic of Vietnam.
Article 3. The authority and principles of evaluation service operating conditions environmental monitoring 1. Assessment authority: Directorate for the environment made the evaluation condition monitoring service activity on the environment, the Minister of natural resources and the environment to consider, decide to grant, renew, modify the content, again, temporarily suspending effect, revoke and cancel the certificate of eligible activity services environmental monitoring.
2. valuation principles: a) the evaluation of the condition monitoring service activities environmental levels, adjust the contents, renewal, reissuance, temporarily suspending effect, revoke and cancel the certificate of eligible activity services environmental monitoring is done on the basis of : results of reviews, review on record; results of reviews, reality check at the Organization and the conclusions of the Council on the evaluation of service operation conditions environmental monitoring (hereinafter referred to as the authority);
b) case of General Director of the Bureau of environmental decision does not established authority, the evaluation of the condition monitoring service activities environmental levels, adjust the contents, renewal, reissuance, temporarily suspending effect, revoke and cancel the certificate of eligible activity services environmental monitoring is done on the basis of : results of reviews, review on record and results assessment, fact check at the organization.
Article 4. Receiving and handling of records 1. The Organization recommends certified eligible activity services environmental monitoring of submission as specified in paragraph 2 of article 12, 13, 14, 15 and valuation fees as specified in clause 1 article 8 of Decree 27/2013/NĐ-CP on 29 March 2013 of government regulation of conditions of service activities environmental monitoring for environment Administration (after This abbreviation is Decree No. 27/2013/NĐ-CP on 29 March 2013 by Government).
2. General Directorate of the environment is responsible for reviewing the adequacy and legal records; have text for profile reception held the certification proposal in case of complete and valid dossiers according to regulations; notice to organization know and improve the record in the case of records not adequate and valid as defined in point b of paragraph 3 of article 12, 13, 14 and point b, c article 15 of Decree 27/2013/ND-CP of March 2013.
Article 5. Permanent evaluation body 1. The Directorate of Environment Affairs a subsidiaries functional, appropriate expertise and mission to do permanent body condition assessment activity services environmental monitoring.
2. The mission and operation of permanent evaluation body: a) General Director of the Environmental Bureau of review, evaluation, processing the records and related documents by qualified certification proposal activity services environmental monitoring post to;
b) research, reviews of the Organization's records suggest qualified certification service activities environmental monitoring; the Organization shall evaluate, review and evaluation reports;
c) proposed the General Director of the Bureau of the environment established the Group reviews, reality check at the recommended organization qualified certification service activities environmental monitoring;
d) proposed the General Director of the Environmental Bureau decided the establishment of authority the service operating conditions environmental monitoring;
DD) prepare, provide and create favorable conditions for the members of the delegation and members of the Board of research assessment records, documents that serve for evaluation activities to the service operating conditions environmental monitoring;
e) prepare the conditions necessary to Delegate reviews done test, actual rating in the Organization and to the Board to conduct official meetings;
g) receiving a check, reviews in the Organization of the reviews; the Board's evaluation results evaluation and conduct the necessary procedures to General Director of the Bureau of environmental review, the Minister of natural resources and the environment decided to grant, renew, modify the content, again, temporarily suspend, revoke and cancel the certificate of eligible activity services environmental monitoring;
h) organise meetings of permanent evaluation body for review, a review of records; the activities of the Union reviews and assessment Council meeting;
I) draft decision level, adjust the contents, renewal, reissuance of certificates of eligibility service activities environmental monitoring process has the authority to review the decision;
k) draft message text for the Organization to know in the event of not being granted, adjust the contents, renewal, reissuance of certificates of eligibility service activities environmental monitoring process has the authority to review the decision;
l) retention of records, documenting the process of appraising the condition of active service organization environmental monitoring;
m) track, aggregate and report to the authority the information about service activities environmental monitoring of the organizations have been certified eligible activity services environmental monitoring;
n) Created, posted and constantly updated list of the eligible organization active environmental monitoring services on electronic information page of the Ministry of natural resources and the environment and the General Directorate of the environment;
o) perform other duties by the Directorate of Environment Affairs related to the valuation process, level, adjust the contents, renewal, reissuance, temporarily suspend, revoke, cancel the certificate of eligible activity services environmental monitoring.
Article 6. Sample certificate of eligibility service activities environmental monitoring Model certificates prescribed in the form of 1 Annex 1 attached to this circular.
Chapter II OPERATION CONDITION EVALUATION ENVIRONMENTAL MONITORING SERVICES article 7. The process evaluation service operating conditions environmental monitoring 1. Review the Organization's certification proposal: a) within a period of 10 working days from the date of receipt in writing resumes, permanent agency appraisal review, reviews of the Organization's records suggest qualified certification service activities environmental monitoring of legal personality , human resources, expertise, equipment and infrastructure made environmental monitoring activities under the conditions stipulated in article 9, article 10, Decree No. 27/2013/NĐ-CP on 29 March 2013 of the Government;
b) results review, reviews of the Agency's permanent records appraisal is synthesized into a report. The report reviews the profile is documented in the evaluation profile;
c) permanent evaluation agencies submit the Organization's records suggest qualified certification service activities environmental monitoring to the Crew Member reviews, reality check to research, review before conducting the inspection, reviews the reality in organizations.
2. Reviews, reality check in organizations: a) within a period of 7 working days from the date of receipt in writing resumes, General Director of Department of environment is responsible for establishing the Union reviews, reality check at the recommended certification organization eligible to operate environmental monitoring services (hereinafter collectively referred to as the Corps reviews). The Organization, functioning and responsibilities, powers of the Union reviews performed under the provisions of article 8 of this circular;
b) content reviews, check: responsible Review Group reviews, reality check at the suggested organization of the certification of the conditions prescribed in article 9, article 10, Decree No. 27/2013/NĐ-CP on 29 March 2013 of the Government and against the proposed certification record eligible activity services environmental monitoring of the Organization;
c) within the time limit of 20 working days from the date of the decision to establish the Group reviews, General Directorate of the environment is responsible for the Organization of the operations reviews, check at the recommended organization qualified certification service activities environmental monitoring;
d) results reviews, check at the recommended certification organizations must be established as a permanent body and send back the appraisal to General records. The minutes of the Union reviews at the organization is documented in the evaluation profile.
3. Organization of the session of the authority: a) General Director of the Environmental Bureau established authority serves for the evaluation service operating conditions environmental monitoring. The Organization, functioning and responsibilities, powers of the authority specified in article 9 of this circular;
b) Authority has functional consulting, helping General Director of Department of environment assessment, evaluation of service operation conditions environmental monitoring of the certification proposal organization based on the results of reviews, review on record and results evaluation, reality check in the Organization;

c) the Organization of the session of the Council of the appraisal service operating conditions environmental monitoring is performed after the test results, reviews in the Organization;
d) as soon as the decision to establish the authority, permanent agency evaluation submitted to the Organization's records suggest qualified certification service activities environmental monitoring and evaluation reports, the minutes of the Organization at the assessment Board members to research before you proceed, review the session;
DD) Council meeting evaluation results must be established as a permanent body and send back the appraisal to General records. Meeting minutes Board of evaluators is documented in the evaluation profile.
Diagram of the process performance appraising the condition of active service organization environmental monitoring serves the granting, renewal, adjust the content of the certificate is presented in Appendix 2 attached to this circular.
Diagram of the process performance appraising the condition of active service organization environmental monitoring serves the reissuance of certificates are presented in Appendix 3 attached to this circular.
Article 8. The Organization, functioning and responsibilities, powers of the Union reviews 1. The delegation includes assessment of up to 5 members, including: a union leader or Chiefs) representatives Of Department of environment;
b) The remaining members including representative ministries or Departments of natural resources and the environment are concerned, leaders or representatives of permanent evaluation agencies and professionals have expertise, experience in the field of environmental monitoring.
2. The liability of the members of the Union reviews: a) The Crew Member reviews are responsible for appraisal, exact, objective assessment of conditions of service activities environmental monitoring under the provisions of article 9, article 10, Decree No. 27/2013/NĐ-CP on 29 March 2013 of the Government;
b) research profile, materials and environment administration help make check, assessment in the Organization recommends certified eligible activity services environmental monitoring;
c) records management, documentation is provided under the provisions of the law, ensuring no loss, do not transfer information to third parties and return the entire record, this document for permanent agency evaluation after the completion of the mission; do not use test results, reviews the rules of the law of intellectual property;
d) set up the votes, checking in the organization according to the model No. 2 Appendix 1 attached to this circular and the synthesis report on the reviews, checked in at no. 3 Sample Organization Annex 1 attached herewith;
DD) participated in the meetings of permanent evaluation agency summons and the meeting of the authority; improve thereon through the thematic session in case of need;
e) is responsible before the law about objectivity, honest reviews, reviews the evaluation condition monitoring service operations environment and what the content of the work is assigned in the evaluation process.
3. The powers of the Union members rating: a) the proposed permanent agency evaluators provide sufficient material, information pertaining to the suggested organization qualified certification service activities environmental monitoring; propose the Organization of meetings and other activities to serve directly for the evaluation;
b) remuneration under current financial regime when performing their duties, was the payment of travel expenses, accommodation and other costs according to the provisions of the law by participating in the activities of the Evaluation Group.
4. responsibility and authority of the head of the delegation the delegation reviews: in addition to the responsibilities and powers of Delegation members assessed under the provisions of clause 2, paragraph 3 of this article, the head of the delegation the delegation also have assessment responsibilities and authority: a) operates all activities of the and assignment of work for members of the Union reviews in time performing the task;
b) controls the session of under the provisions of this circular and related legislation;
c) General, handles the exchange of opinions discussed at the session of the Union reviews and test results, reviews in the Organization of the reviews; signed the minutes of the meetings of and responsible for the content of the minutes of meetings;
d) in the case of the Chief crew could not join the delegation Chief, assessment must have written authorization to a member of the delegation head of the delegation and review who is authorized to have the responsibilities and powers as Head of the delegation the delegation reviews.
5. the Evaluation Group to work according to the principle of collective, public discussion, directly between the members of the Group reviews and comments on the Ballot reviews, check the operation of the service organizations in environmental monitoring.
Article 9. The Organization, functioning and responsibilities, powers of the Authority 1. Evaluation Board composed of 5 to 10 members, including: a) the President of the Council is the leaders or representatives Of the Department of the environment;
b) Vice Chairman is an expert with expertise and experience in the field of environmental monitoring;
c) 1 member of the Secretariat is the Agency Representative-Permanent evaluation;
d) The Commissioner is to represent the ministries or Departments of natural resources and the environment are concerned and experts have expertise, experience in the field of environmental monitoring, including 11 Commissioners are selected by the Commissioner of review.
2. formal meetings of the Council of the evaluation be conducted only when there is full the following conditions: a) the involvement of at least two thirds (2/3) of the members of the Council decision, which required to be Chairman or Deputy Chairman of the Council in case of absence of the Chairman and at least 1 member of review;
b) after the results of reviews, review on record and results assessment, fact check at the recommended certification organization eligible to operate environmental monitoring services.
3. The Board conducted the appraisal, assessment service operating conditions environmental monitoring of the Organization on the basis of the record, relevant documents; results of reviews, review on record and results assessment, fact check at the organization.
4. Costs for the operation of the Authority made under the provisions of the current law.
5. The responsibilities of the Commissioner: a) The members of the Board are responsible for the appraisal, exact, objective assessment of the conditions of the Organization activity services environmental monitoring and the common responsibility of the conclusions and recommendations of the Council;
b) research documents, documents related to the evaluation of the condition monitoring service activity of the Organization's environment;
c) participate in the activities before, during and after the formal meetings of the Council when required;
d) perform the task in the session of the Council a scientific way, honestly and impartially; written Ballot reviews at the official session of the Council in the form of 4 Annex 1 attached herewith;
DD) manage the documents provided under the provisions of the law, ensuring no loss, do not transfer information to third parties and to resubmit the document for permanent agency evaluation after the completion of the mission;
e) is responsible before the law about objectivity, honest reviews, reviews the evaluation condition of active organizations environmental monitoring services and the content of the work is assigned in the evaluation process.
6. The powers of the Commissioner: a) the proposed permanent agency evaluators provide sufficient material, information pertaining to the suggested organization qualified certification service activities environmental monitoring; propose the Organization of meetings and other activities to serve directly for the evaluation;
b) reserved comments and recorded in the minutes of the session of the Council if there are other comments with the conclusions of the Council;
c) remuneration under current financial mode when performing the task: writing the comment suggested record Votes certified, participate in the meetings of the Council and its activities, other work assigned during the evaluation; was the payment of travel expenses, accommodation and other costs according to the provisions of the law by participating in the activities of the Council.
7. The responsibilities and powers of the President of the Council: in addition to the responsibilities and powers of the Commissioner under the provisions of Clause 5, paragraph 6 of this Article, the President of the Council also have the following powers and responsibilities: a) controls the session of the Council under the provisions of this circular and related legislation;
b) General, handles the exchange of opinions, discussion in Council's official session, prepare comments concluded to give the Council adopted and announced the results of the evaluation of the Board;
c) Signed the minutes of the meetings of the Board and responsible for the conclusions put forward in the meeting of the Council.
8. The responsibilities and powers of the Vice President: in addition to the responsibilities and powers of the Commissioner under the provisions of Clause 5, paragraph 6 of this article, the Vice President of the Council also has responsibility and authority as President of the Council in the event of an authorization in writing by the President of the Council.
9. The responsibilities and powers of the Commissioner Secretary: in addition to the responsibilities and powers of the Commissioner under the provisions of Clause 5, paragraph 6 of this Article, Member of the Secretariat also has the following powers and responsibilities: a) report the President of the Council of the existence of records on the basis of research , review and sum up the opinions of reviewers; read the relevant report in the session of the Council, delivered a formal session of the Board, the full profile and other relevant documents for the permanent evaluation Agency;
b) offer reviews, evaluation of service operation conditions environmental monitoring for the members of the Board. Sum, tally and record-setting tally appraisal service operating conditions environmental monitoring of the institutions in the sessions of the Council in the form of 5 Annex 1 attached herewith;

c) Record the minutes of the session of the Council in an adequate way, honestly. Set up and complete the form Board meeting minutes of 6 Annex 1 attached herewith; sign and submit the minutes of the meeting of the Council to preside the meeting consider, sign;
d) perform other duties serving for the operation of the Council at the request of the President of the Council and permanent evaluation Agency;
DD) where not to attend the session of the Board, Member of the secretariat reported the President of the Council to send a Committee of the Council of the Secretary of the session.
Article 10. Participants join the meeting serves the evaluation condition of active service organization environmental monitoring 1. The composition of Deputies participated in these meetings serve the evaluation condition of active service organization environmental monitoring due to the permanent agency evaluators selected and invited to participate.
2. Delegates are statements of opinion in meetings, subject to the authority of the person who chaired the session, entitled remuneration as prescribed by law. Delegates did not vote in the session.
Article 11. The decision to certify eligible activity services environmental monitoring 1. Evaluation results based, General Director of the Bureau of the Minister of the environment and environmental resources review, issued certificates attached to the certificate of eligibility service activities environmental monitoring for suggested organization certification.
2. The certificate must specify the field and scope of the operation be certified eligible activity services environmental monitoring as specified in Form 1 in Appendix 1 attached to this circular.
3. in case of non-eligible certification, General Director of Department of environment signed written notice and stating the reason to send the suggested organization certified according to the procedures specified in paragraph 3 of article 12, 13, 14 and 15 of Decree 27/2013/ND-CP of March 2013.
Article 12. How to calculate the validity period certification 1. The case of the first certification and renewal of certificates, the certificate validity period is 36 months from the date of signing the certification decision.
2. in case of adjustment of content and level certificate, the validity period of the certification decision to adjust the content and level of certificates is unchanged with the certificate was issued.
Chapter III the TERMS of the IMPLEMENTATION of article 13. Effective enforcement of this circular effect since May 20, 2014.
Article 14. Responsibility 1. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the levels and the organization concerned is responsible for the implementation of this circular.
2. General Directorate of the environment is responsible for guiding implementation of this circular; the Organization reviews, checking once a year or unscheduled inspections when required, ensuring all activities of the Organization activity services environmental monitoring is performed in accordance with the regulations.
3. certification proposal organization eligible to operate environmental monitoring services are responsible for the correct and full implementation of the rules on certification; provide full information and create conditions for the test Group, reviews the reality in organizations.
4. During the implementation of this circular, if there are difficulties and obstacles, the proposal reflects comments by text send The resources and environment to consider, resolve./.


 



DEPUTY MINISTER signature (signed) Bui How Online