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The Environmental Protection Act of 2005;

Archived from the law in 2011;

Base of Protocol 80 /2006/ND-CP August 9, 2006 by the Government of the Government on the Detailed Regulation and guidelines of some of the provisions of the Environmental Protection Act;

Base of Protocol 102 /2008/NĐ-CP September 15, 2008 of the Government on the collection, management, exploitation and use of data on resources and the environment;

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 regulates transactions, records, storage, preservation and provision of environmental data.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information provides for the delivery, income, storage, preservation and provision of environmental data.

2. This information does not adjust to the delivery, income, storage, preservation and supply of data on genetically modified organisms and environmental observational data.

3. The environmental data of the state secret catalog carried out in accordance with the laws of state secrecy.

What? 2. Subject applies

This information applies to agencies, organizations, individuals who deliver, receive, store, preserve, and provide environmental data.

Chapter II

TRANSACTIONS, ENVIRONMENTAL DATA

What? 3. Environmental Data

1. Environmental data include:

a) Results of investigation, survey, inspection, environmental testing;

b) The results of programs, projects, tasks, the topic of scientific scientific research on the environment;

c) The results of national target programs; sustainable use of resources and environmental protection;

d) The operational results of international cooperation projects on the environment;

) Report environmental status quo (country, industry, sector, local);

e) List of biodiversity conservation facilities, nature conservation areas; Catalogue of wildlife, endangered species, species being extinct in the wild, endemic species, migratory species, exotic species, invasive species, endangered species, endangered species, precious species. It is a rare priority for protection, species in the Red Book of Vietnam;

g) The overall planning for conservation of biodiversity, ecosystems (terrestrial, underwater) and biological safety;

h) A strategic environmental assessment report, environmental impact assessment, environmental protection scheme, environmental protection commitment;

i) Report on emissions, amounts of waste, pollution source, conventional waste, hazardous waste is at risk of environmental pollution; improved results, environmental recovery in mineral mining operations: environmental conditions at mines. Mineral exploitation; environmental conditions of chemical pollutants that protect the plant; project processing and environmental recovery of contaminated plant protection sites;

) Report on the situation of import of scrap as raw material, the charge of environmental protection; results of the settlement of damages, disputes, complaints, environmental denouncing, the state agency has been resolved by the state authority;

l) Report on contaminated areas, sensitivity, degradation, environmental incidents; areas at risk of environmental incidents; environmental pollution and control measures, prevention, environmental pollution reduction;

m) Catalogue of serious environmental pollution facilities; Category and situation environmental protection, economic zones, industrial zones, manufacturing zones, industrial clusters;

n) Results on the management of the watershed environment, coastal and sea; pollution of the cross-border environment;

o) Results on waste disposal, emissions, sewage, noise, vibration, and other environmental technologies;

p) The results of training and media raise awareness of the community protection community.

2. The environmental database is a set of regulatory environmental data at paragraph 1 This has been tested, evaluated, processed, integrated, and stored systematically, organized as data files on the information systems, storage devices, and storage devices. and objects such as computer hard drives, magnetic tape, CD, DVD or text, document built, updated and maintained, including:

a) The National Environment Database by the Directorate of the Environment in the Ministry of Natural Resources and Management and Management;

b) The basis of the sector environmental data due to ministries, peer agencies, government agencies to store and manage;

c) Local environmental databases by the People's Committee of the Provinces, the central city of the Central Committee (later known as the Provincial People's Committee) to store, manage.

What? 4. Environmental Data Delivery

1. Organization, individuals who perform tasks related to the area of the environment have the use of a source of environmental funding, economic career, scientific and technological careers (or derived from the state budget), in the period (03) months, since then. The completion date, completing the task responsible for delivery of one (01) of the environmental data set in paragraph 1 Article 3 This message (paper and form number) for the agency of the environmental data management under regulation at this Article 5.

2. The transaction environment data must have the source of the authority with the authority to approve or confirm the legitimacy and value of information.

What? 5. Environmental Data Management Agency

1. The Environmental Information and Environmental Information Center of the Directorate of the Environment performs the task:

a) To obtain the regulatory environment in paragraph 1 Article 4 of this information to the organization, individuals of the Ministry of Natural Resources and Environment;

b) The recognition of environmental data due to ministries, peer agencies, government facilities, Department of Natural Resources and Environment provided by provisions at paragraph 2, paragraph 3 This Article;

c) Storage, preserving and providing environmental data by regulation;

d) Help the Directorate of the Environment Guide, check on the delivery, capture, store, preserve, and provide regulatory environmental data at this Smart; build up the report, store, store, preserve, and provide environmental data due to ministries, peer agencies, databases, and more. of the Government, the Department of Natural Resources and Environment provides to serve the construction of the national environmental database;

Every year, scanning the environment data and reports the Secretary of the Environment to review, modify, complement the right.

2. The ministries, peer agencies, the government directly assigned the unit to head the industry environmental data management and have the notification text sent to the Directorate of the Environment to know, co-ordinate execution. The lead body performs the following tasks:

a) To collect the regulatory environment data in paragraph 1 Article 4 This is for the organization, the individual of the ministry, the peer-to-peer agency, the government agency.

b) The organization of storage, preservation, use, supply of environmental data in the field, the management sector;

c) The annual flag sends a report on the acquisition, storage, preservation, and provision of environmental data due to its unit management for the Ministry of Natural Resources and Environment (through the Directorate of the Environment) to serve the construction of the national environmental database;

d) Guide, check the implementation of regulatory content at points a, b, c paragraph 2 This.

3. The Department of Natural Resources and Environment is the responsible agency that helps the Provincial People ' s Commission perform the task:

a) To obtain the local environmental data specified in paragraph 1 Article 4 This article for the organization, the individual of the Provincial People's Committee.

b) The organization of storage, preservation, use, supply of local environmental data;

c) The annual flag sends a report on the acquisition, storage, preservation and provision of environmental data provided by the local environment for the Ministry of Natural Resources and Environment (through the Environmental Directorate) to serve the construction of the national environmental database;

d) Guide, check the implementation of regulatory content at points a, b, c paragraph 3 This.

What? 6. Revenue of Environmental Data

1. Organization, individuals who deliver environmental data (later known as the delivery party) send an environmental data delivery message to the regulatory environment management body specified in this Article 5 (later called by the recipient).

2. After receiving an announcement of the delivery of the environment data, the party receives detailed plans for the reception of the information environment data to the delivery party, the plan includes the content: time, location, method of communication, storage, and more. equipment and means of reception and other content involved.

3. The side of the filing of the filing of the environmental data sent by the recipient. Profile:

a) The type of transaction environment data is the document itself (which has an official confirmed source) and is the final product of the project, the mission, the subject matter;

b) A (01) Summary report on the environmental data delivered by the prescribed pattern at Annex 1 This Information;

c) A (01) A copy of the experimental record obtained by the authority of the competent authority (if any).

d) A (01) Table of Environmental Data List of environmental data filed under the prescribed form at Appendix 02.

4. The recipient of the portfolio control check, the data volume and the receipt of the receipt of the environmental data in accordance with the specified pattern at Annex 03 This is transferred to the transaction.

5. The recipient of the conduct of the conduct of the transaction environment data and the comment on the inspection of the environmental data test provided by the specified pattern at Appendix 04. Desktop data test content:

a) The full calculation, the validity of the transaction data according to the results has been obtained by a competent authority, approved, published, or recognized, through;

b) Check the consistency of the data in the form of printed document on paper with the data in the electronic form;

c) The test of the form, the scale of the types of data delivered.

Where the transaction data is not required by the specified requirement, the exchange notes that examine the required environment data must specify the correct, complete, repair requirements. The case is not uniform between the delivery party and the receiving party, the agency that appeals to the environment data is responsible for reporting the authorities to review, resolve.

6. In the maximum (10) ten days of work, since the date of the environmental data capture, the side of the environmental data receivship completes the inspection in accordance with the regulation test content at paragraph 5 This and granting the Certificate of Environmental Data to the Environment. organization, the individual has delivered the data. The case does not issue a certificate, the agency records the data that has the text to answer and specify the reason. The Certificate of the Certificate of Environmental Data on the prescribed form at Annex 05 This Information.

What? 7. The organization ' s responsibility and powers, the individual hand over environmental data.

1. Organization, individuals deliver environmental data issued by the Certificate of Environmental Data. The certificate of delivery of the environment data is valued to determine whether the task completion is related to the area of the environment using the specified budget source at 1 Article 4.

2. The timely announcement for the environmental data management agency about the flaws of the delivered data.

Chapter III

STORE, PRESERVE, AND PROVIDE ENVIRONMENTAL DATA

What? 8. Storage Principles,

1. The storage, the preservation of the environmental data implementation pursues to the regulation of the law on storage, technical processes, economic norms-the techniques of regulatory environmental materials at the Digital Information Act. 42 /2011/TT-BTNMT December 12, 2011, by the Minister of Natural Resources and the Environment of the Environment and Economic Process and Economic Process-the engineering of environmental materials.

2. The repository must have the full set of equipment, which is required by the Ministry of Internal Affairs regulation of the dedicated repository.

3. Storage, the preservation must meet the requirements: full, raw, safe, easy to search for use.

4. Do not fail the environmental data in the storage process and implement contrary to the provisions of the law.

What? 9. The responsibility of the environmental data management agency

1. Annual periodic examination, quantity statistics, data quality stored, stored.

2. Classification of data on usage value, data quality; damaged data must be promptly discovered to have a recovery plan.

3. Every year the agency reports the authority over the retention, the preservation of the environmental data.

What? 10. retention period, data preservation

1. The retention period, the preservation of the data is established for each type of data according to the regulation of the existing law on storage and Digital. 11 /2013/TT-BTNMT 28 May 2013 by the Minister of Natural Resources and the Environment for the time of filing for filing, resource and environmental resources.

2. The Environmental Data Management Agency is responsible for statistical data of all kinds of data using a review authority, deciding on the cancellation of the data.

What? 11. Provide environmental data

1. The Environmental Data Management Agency is responsible for providing and validation of the data that has provided the right purpose.

2. The provision of the current implementation of the environmental data at Chapter IV Digital News 07 /2009/TT-BTNMT July 10, 2009 by the Secretary of the Ministry of Natural Resources and the Environment Regulation enforce certain provisions of the Digital Protocol. 102 /2008/NĐ-CP September 15, 2008 of the Government on the collection, management, exploitation and use of data on resources and the environment.

3. The Environmental Data Management Agency is entitled to refuse requests for data supply if it is not done correctly with the regulation of this Information and other laws that are relevant.

4. The forms provide environmental data: on the Internet, electronic pages are regulated by the data governing body, through the proposed text or by a contract form under the rule of law.

5. The sequence provides the environment data through the recommended text:

a) The organization, the individual with the need to exploit and use environmental data (referred to as the offering) sends the text of the offer to provide environmental data to the environmental data management agency (a call to the supply side). The document recommended by the specified template at Annex 06 This Information;

b) The side provides and process the offer text. The case of the text offer is correct, the party provides the instructions on the recommendation to carry out the investigation, the detailed data selection;

c) The proposed case provides the environmental data of the organization, the valid individual, the supplier that performs the provision of the data to the recommended party. The supplier prepares the environment data to hand over the offer, the deadline provides the data provided by the parties. The case refused, the supply side must have a written answer stating the reason;

d) During the extraction and use of uncopied environmental data, transfer to the third party, unless the case already has a clause in the contract or in the agreement text with the data supply side.

6. The provision of environmental data between the agency and the organization, the individual has the need to copy, replicate the environmental data implemented by the regulation of the Civil Code by the form of a service contract.

What? 12. Cost of supply, exploitation and use of environmental data

1. The provision of, exploitation and use of environmental data is implemented by the state budget capital or derived from the state budget to serve the direct requirements of the Party and State leadership, not to perform financial obligations.

2. Organization, individuals with the need to exploit and use environmental data not under the prescribed cases at paragraph 1 This is responsible for the implementation of the financial obligations under the rules of the existing law.

What? 13. Environmental Data catalog published

1. Every year, the Environment Directorate updates and sets up a portfolio of environmental data to be announced, the Minister of Natural Resources and Environment approved and implemented on the electronic information page of the Ministry of Natural Resources and Environment and Environmental Directorate.

2. Ministry, peer-to-peer agency, the government agency to publish the Public Environmental Data Catalogue, the Provincial People's Committee announced the Local Environmental Data Catalogue.

3. The ministries, peer agencies, government agencies and the Provincial People ' s Committee are responsible for the Environmental Data Catalogue that he announced.

Chapter IV

THE ORGANIZATION.

What? 14. Effect of execution

It has been in effect since December 15, 2013.

What? 15.

1. The Chief Directorate General of the Environment is responsible for guidance, inspection, tracking, and the administration of this information.

2. The ministries, peer agencies, government agencies, the People's Committee of the Provinces, the Central City, and the organizations, the individual are responsible for this practice.

3. In the course of execution, if there is difficulty, the entanging of the agencies, organizations, individuals reflects in time to the Ministry of Natural Resources and the Environment to review, resolve ./.