CIRCULAR rules on hand, collect, store, preserve and deliver environmental data _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on environmental protection in 2005;
Pursuant to the law archive in 2011;
Pursuant to Decree No. 80/2006/ND-CP on August 9th 2006 nărn of the Government on the detailed rules and instructions for the implementation of some articles of the law on environmental protection;
Pursuant to Decree 102/2008/ND-CP dated 15 September 2008 by the Government on the collection, management, exploitation and use of the data on resources and the environment;
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;
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 regulating the hand, collect, store, preserve and deliver environmental data.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular provisions on hand, collect, store, preserve and deliver environmental data.
2. This circular is not adjusted to the hand, collect, store, preserve and provide data with respect to genetically modified organisms and environmental monitoring data.
3. environmental data belonging to the category of State secrets made according to the provisions of the law on State secrets.
Article 2. The object that applies to this circular apply to agencies, organizations, individuals deliver, collect, store, preserve and deliver environmental data.
Chapter II REPORTS, COLLECT ENVIRONMENTAL DATA, article 3. Environmental data 1. Environmental data including: a) the results of the investigation, survey, inspection, environmental inspections;
b) results of the program, project, task, research science and technology on the environment;
c) results of the national target program; sustainable use of natural resources and environmental protection;
d) results of operations of the international cooperation project on the environment;
DD) report on environmental levels (country, sector, industry, local);
e) list the basis of conservation of biological diversity, the natural protected areas; Directory of wild species, threatened species extinct, extinct in the wild species, endemic species, migratory species, foreign species, invasive alien species, endangered species, and rare is the first priority, the protection of the species in the Red data book Vietnam;
g) reported overall planning for biodiversity conservation, ecological systems (on land, under water) and biosafety;
h) assessment report on the environment strategy, environmental impact assessment, environmental protection project, committed to protecting the environment;
I) report on the amount of waste, effluents, pollution sources, regular waste, hazardous waste risk polluting the environment; results improving, restoring the environment in mining activities: the current state of the environment in the exploitation of mineral deposits; the current state of the environment the point of chemical pollution and plant protection exists save; the project process and environmental recovery points of chemical pollution and plant protection exists save;
k) report on the situation of imported wastes as raw materials production, environmental protection charges filed; the results solve disputes, damages, complaints, accusations about the environment has been the State Agency has jurisdiction;
l) reports about the contaminated area, sensitivity, depression, environmental problems; the area at risk of environmental problems; map environmental pollution and control measures, prevention, mitigation of environmental pollution;
m) category on the basis of serious environmental polluters; The category and the environmental protection situation in villages, economic zones, industrial zones, export processing zones, industrial clusters;
n) results of environmental management in coastal, River and sea; cross-border environmental pollution;
o) results of waste, waste water, waste gas, noise, vibration and other environmental technologies;
p) results on training and the media community awareness of environmental protection.
2. environmental database is a collection of environmental data specified in clause 1 of this article have been tested, evaluated, processed, and stored in a systematic way, organized in the form of data files stored on the computer system, storage devices and other objects such as computer hard drives , tape, CD, DVD or text, the document is built, updated and maintained, including: a) database of environment by the National Directorate for the environment of the Ministry of natural resources and the environment hosting and management;
b) environmental database by sector ministries, ministerial agencies, government bodies and archive management;
c) database on the local environment caused by people's committees of provinces and cities under central (hereafter referred to collectively as the provincial people's Committee), storage management.
Article 4. Deliver data of the environment 1. The Organization, individuals performing tasks related to the field of the environment are using budget environmental career, a career in economics, science and technology careers (or is derived from the State budget), within the time limit (3) months from the date of testing, complete the mission is responsible for submitting a communication (1) environmental data sets specified in clause 1 of article 3 Information investment (paper and digital formats) for the management of environmental data according to the provisions of article 5 of this circular.
2. environmental data reports are derived are the competent bodies to approve or confirm the legitimacy and value of information.
Article 5. Agency for environmental data management 1. Information and documentation centre of the Environment Department of the General Directorate of the environment task: a) collect environmental data specified in clause 1 4 of this circular for organizations, individuals in the Ministry of natural resources and the environment;
b) environmental data collected by ministries, ministerial agencies, Government-affiliated agency, the Department of natural resources and the environment provided as prescribed in clause 2, paragraph 3 of this article;
c) archive, preserve and provide environmental data according to the regulations;
d) help the environment Administration Guide, test of hand, collect, store, preserve and deliver environmental data specified in this circular; build the report of receipt, storage, preservation and environmental data provided by ministries, ministerial agencies, government agencies, the Department of natural resources and the environment provided to serve the construction of the database of the national environment;
DD) annually, reviewing environmental data and the report Of the Bureau of the Minister of the environment to consider, amend, Supplement to match.
2. Ministries, ministerial agencies, part Government work units that manage the data and industry environment has written notice sent to the General Directorate for environment, coordination of implementation. Focal agencies perform the following tasks: a) collect environmental data sectors specified in clause 1 article 4 this circular with regard to organizations, individual Ministry, ministerial-level agencies, Government-affiliated bodies;
b) hosted archive, preserve, use, provide environmental data in the field, management;
c) periodically and annually submit reports on the work of collecting, storage, preservation and environmental data provided by his unit manager for the Ministry of natural resources and the environment (through the General Department of environment) to serve the construction of the database of the national environment;
d) instructions, check the implementation of content regulation in the points a, b, c paragraph 2 of this Article.
3. The Department of natural resources and the environment are the agencies responsible for helping the provincial people's Committee to implement the task: a) collect local environmental data specified in clause 1 article 4 this circular with regard to organizations, individuals in the provincial people's Committee;
b) hosted archive, preserve, use, provide data on local environment;
c) periodically and annually submit a report on the work to collect, store, preserve and provide data on local environment Manager for the Ministry of natural resources and the environment (through the General Department of environment) to serve the construction of the database of the national environment;
d) instructions, check the implementation of content regulation in the points a, b, c paragraph 3 of this article.
Article 6. Acquisition of environmental data 1. Individual organizations deliver environmental data (hereinafter referred to as the party delivered) send notice of the environmental data reports to the governing bodies of the environmental data specified in article 5 of this circular (hereinafter referred to as the party of receipt).
2. after receiving the notice delivered environmental data, on the acquisition of detailed planning for the reception of environmental data reported to the hand, the plan includes the following content: time, location, method of delivery, storage maintenance, equipment and facilities and other related content.
3. the party delivered to profile environmental data reports send collectors party. The records include: a) The filed environment data types is a primary material (sourced to official confirmation) and is the final product of the project, task, topic;
b) A (01) summary report on the environmental data delivered under the form prescribed in annex 1 of this circular;
c) One (1) copy the profile test as specified by the competent authority (if any).
d) A (01) statistical Panel data directory under environment form prescribed in annex 2 to this circular.
4. the party receiving the check for control category, data volume and set the receipt delivered environmental data according to the form prescribed in annex 3 to this circular number switch to the reports.
5. the party conducting acquisition test data environment record Votes and comments submitted test data filed under environment stipulated in annex 4 of this circular. Content of the test data environment deliver: a) check the adequacy of the data, delivered according to competent agencies, approved, published or recognized, through;
b) check the uniformity of the data in the form of documents printed on paper with data in electronic format;
c) check on the specified form, the type of data file.
The event data reports not yet satisfactory according to the rules, the votes recorded comments test data environment delivered must specify the requirements for repair, completion. The case of inconsistency between the parties filed and side delivery receipt, acquisition agency responsible for environmental data reports the Agency has the authority to consider and resolve.
6. within a maximum of ten (10) working days from the date of acquisition of environmental data, environmental data acquisition party completed the check according to the content of the test prescribed in clause 5 of this certificate level and deliver environmental data for the Organization, the individual has to deliver the data. The case of not granting the confirmation, the Agency collects the data and answer in writing stating the reason. Certificate templates provide environmental data according to the form prescribed in annex 5 of this circular.
Article 7. The responsibility and authority of the Organization, the individual environmental data reports 1. Individual organizations deliver environmental data are confirmed reports of environmental data. Certificate delivered valuable environmental data to determine the completion of tasks related to the field of the environment using funds prescribed in article 4 paragraph 1 of this circular.
2. timely notice for environmental data management about the flaws of the data were delivered.
Chapter III ARCHIVE, PRESERVE and PROVIDE ENVIRONMENTAL DATA article 8. The storage, conservation guidelines 1. The storage, preservation of environmental data carried out according to provisions of law on archive, process engineering, technical-economic norms about environmental data specified in circular No. 42/2009/TT-BTNMT on December 12, 2012 of the Minister of natural resources and environment regulations on technical processes and technical-economic norms about environmental data.
2. The archive must have adequate equipment and facilities required by the regulations of the Ministry of the Interior about the archive.
3. Archive preservation, must meet the requirements: the full, original, safe, easy to use lookups.
4. do not make environmental data losses during storage and made contrary to the provisions of the law.
Article 9. The Agency's responsibility to manage the environmental data 1. Periodically check the statistics, annual quantity, the quality of the data to be stored, preserved.
2. Classification of data on use value, the quality of the data; damaged data must be timely detected to plan the restoration.
3. Each year the competent authority report on the retention, preservation of environmental data.
Article 10. Retention period, preserving data 1. Retention period, preserving the data defined for each type of data under the provisions of the current law on Archives and circular No. 11/2013/TT-BTNMT dated 28 may 2013 of the Minister of natural resources and the environment stipulates the duration of preservation of records, specialized resource materials and the environment.
2. data management agency responsible for environment statistics most data types the values using the competent authority consideration, decide to cancel the data.
Article 11. Provide environmental data 1. Authorities responsible for environmental data provided and confirm the data has provided the correct purpose of use.
2. The supply of environmental data carried out according to the provisions in chapter IV circular No. 7/2009/TT-BTNMT on July 10, 2009 by the Minister of natural resources and environment, detailing the implementation of a number of articles of Decree No. 102/2008/ND-CP dated 15 September 2008 by the Government about the gathering , management, exploitation and use of the data on resources and the environment.
3. Management of environmental data is entitled to refuse to provide data requirements if not done properly with the provisions of this circular and the provisions of other relevant laws.
4. The forms provide data environment: on the Internet, electronic page data management agency regulations, through the suggested text or by the form of the contract under the provisions of the law.
5. The order provides environmental data through the suggested text: a) organizations, individuals in need of extraction and use of environmental data (referred to as the Parties recommended) send a written proposal to provide environmental data for environmental data management (supply side). Suggested text according to the form prescribed in annex 6 of this circular;
b) provides Parties receiving and processing the text proposed. The case of the text proposed regulations, on the supply side of the instructions suggest making the lookup, select detailed data;
c) cases suggest environmental data provided by organizations, individuals, provided the parties do provide data to the proposal. Parties provide environmental data prepared to hand over to the suggestions, the time limit provided data by the parties to the agreement. The case of rejection, the party must provide a reply in writing stating the reason;
d) During the extraction process and the use of environmental data is not copied, transferred to third parties, unless there was provision in the contract or in the agreement with the data provider.
6. provision of environmental data between data management bodies and organizations, individuals wishing to copy, duplicate the environmental data carried out according to the provisions of the civil code by contract form of service.
Article 12. The funding provided, the extraction and use of environmental data 1. The offer is, exploited and use of environmental data is done using State budget funds or are derived from the State budget to service the requirements of the party leadership and the State shall not carry financial obligations.
2. organizations and individuals in need of extraction and use of environmental data not in the cases specified in paragraph 1 of this article are responsible for financial obligations made under the provisions of the current law.
Article 13. Published data list the environment 1. Every year, the General Department of the environment update and set the environmental data catalogue publication, the Minister of natural resources and the environment for approval and implementation of publication on the website of the Ministry of natural resources and the environment and Of the Environmental Bureau.
2. Ministries, ministerial agencies, government agencies announced the environmental data catalogue, the provincial people's Committee announced the category local environmental data.
3. The ministries, ministerial agencies, government agencies and the provincial people's Committee responsible for environmental data catalogue that I announced.
Chapter IV IMPLEMENTATION article 14. Effective enforcement of this circular effect since December 15, 2013.
Article 15. Responsibility 1. General Director of the Department of environment is responsible for guiding, inspecting, tracking, urging the implementation of this circular.
2. Ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central and individual organizations concerned is responsible for the implementation of this circular.
3. in the implementation process, if there are difficulties, obstacles and suggest that the agencies, organizations, personal reflections in time about the Ministry of natural resources and environment to consider, resolve./.