Decree 27/2013/nd-Cp: Rules Terms Of Active Service Organization Environmental Monitoring

Original Language Title: Nghị định 27/2013/NĐ-CP: Quy định điều kiện của tổ chức hoạt động dịch vụ quan trắc môi trường

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THE GOVERNMENT.
Number: 27 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 29, 2013

DECREE

Q The condition of the t socket Environmental monitoring service.

____________________

The Law base. Nest Ch. I'm On December 25, 200. 1 ()

The Law base. B The environment is on the 29th. Ah! - 11 n What? 2005;

The Law base. D It's 29 days. Ah! 11 in 2005;

The Law base. I It was on June 14, 2005.

The Law base. K orchis and technology on June 09, 2000;

Follow. Okay. the Minister of Natural Resources and Environment ()

Ch I'm The government issued a decree to stipulate the conditions of the environmental monitoring operation. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree specifies the conditions of environmental monitoring activities; records and procedures, extension, regulation of content, repetition, temporary suspension of the effect, recovery, and cancellation of the Certificate of Environmental Observing Services.

What? 2. Subject applies

This decree applies to environmental management agencies, organizing environmental observational services (later known as t) to the environmental and environmental concerns. socket ) on the territory of the Socialist Republic of Vietnam.

What? 3. Explain the term

In this decree, the terms below are understood as follows:

1. Environmental monitoring activities include observational activities at the scene and environmental analysis activities.

2. The observational activity at the scene includes sampling, measurement, testing, and analysis of the parameters immediately at the scene or sample preservation and sample transport of the sample to analyze the information. Stain. At the lab.

3. Environmental analysis activities include sample processing operations and analysis of the parameters in the laboratory and analysis of the environment. .

4. Environmental monitoring services organizations include:

a) Business founded by Business Law;

b) Organizations of scientific and technological activities established under the Law of Science and technology;

c) The environmental career organization is established and operates under the Digital Protocol. 55 /2012/NĐ-CP June 28, 2012 of the Government Regulation of the establishment, reorganization, dissolution of the public career unit.

What? 4. prohibited behaviors

1. Environmental observational service when there is no qualified certificate of environmental observational service or when the certificate has been issued is no longer valid.

2. Cleaning, forgery, borrowing, leasing, and exchange certificates of environmental monitoring activity.

3. The operation is not true, the area according to the certificate received.

Chapter II

THE LICENSE LEVEL CONDITION IS ELIGIBLE FOR ENVIRONMENTAL MONITORING OPERATION.

What? 5. The certificate is eligible for environmental monitoring activity.

1. The certification certificate for environmental monitoring activity is granted to the organization to perform observational activities at the scene when it meets regulatory conditions at Article 9 of this Decree.

2. The certificate of sufficient environmental monitoring activity is granted to the organization that performs the analysis of the certification environment in response to the operation. Come on The conditions stipulated at Article 10 of this decree.

3. The certification certificate for environmental observational activity has a valid deadline of 36 months from the date of grade and may be renewed several times, each of which is not over 36 months.

What? 6. Content Certificate Content

1. What? All A certificate of environmental monitoring activity. Oh. m the following main content:

a) The name of the organization, the address, the head of the organization;

b) Sector, scope granted;

c) The date and effect of the certificate;

d) Certificate authority.

2. The Ministry of Natural Resources and Environment specifies the certificate.

What? 7. The authority of the state agency in th Move. The provision of environmental monitoring activities; level, extension, content adjustment, reorder, temporary suspension of effect, recovery, and cancellation of the Certificate of Qualified Certification of Environmental Observational Services

1. The Ministry of Natural Resources and Environment has jurisdiction, extension, content adjustment, reorder, temporary suspension of effect, recovery, and cancellation of the Certificate of Environmental Eligitic Services.

2. The Ministry of Natural Resources and Environment details the appraisal of the environmental observational service conditions under regulation at Article 9 and Travel. Okay. This is the 10 Decree.

What? 8. Charge and l The cost of the proposal fee is recommended for all environmental observational services.

1. The organization suggests that sufficient environmental monitoring activities are required to submit an environmental monitoring operation fee and must submit a fee in the case of being granted, renew, adjust the content, and grant the Certificate of sufficient certification. conditional environmental monitoring activity under the rule of law.

2. Minister of Finance, Coordination v Oh. i The Ministry of Natural Resources and Environment regulates the condition of environmental monitoring activities and c-fee All p, renew, adjust the content and grant the Certificate of Eligitic Certificate of Environmental Observational Services by law.

What? 9. The Level of Certificate of Certificate of Certificate of Environmental Observation Services in the field of observation at the scene

The organization granted a sufficient certification of the environmental observational service in the field of observation at the scene that there must be enough of the following conditions:

1. There is a decision to establish or certificate of scientific or technological activity or a certificate of business registration or certificate of investment by the state governing body of the state granted environmental authority.

2. There is sufficient condition for the manpower to carry out the operation. to The following is the following regulation:

a) The head of the organization must have a degree from college onwards;

b) There are sufficient number of cadres to perform observational activity at the scene according to environmental components and observational parameters recommended;

c) There must be a direct person in charge of the observation team at the scene of a university level that goes back to one of the majors in the environment, chemistry, biology, forestry, ecology, nuclear physics, radiation, geography, geology and has a minimum of 24 months of experience. It ' s in the field of environmental monitoring;

d ) The officer making observations at the minimum field must have a preliminary level corresponding to the environmental resource hierarchy. In it, the number of cadres with a preliminary level accounted for no more than 30% of the observed staff at the scene.

3. There is sufficient condition for the equipment and facilities to perform observational activities at the scene according to the following regulation:

a) There are equipment, tools, and chemicals to perform sampling, sample preservation and measurement, testing and analysis at the scene of environmental components, environmental observational parameters recommended by the Ministry of Finance regulations. The Environment and the Environment;

b) There is a process of preservation, safe use, maintenance and control, the standard equipment calibration of the state agency with the authority or regulation of the manufacturer;

c) There is a process of use, operating all of the equipment taken and preserved, measured, testing and analysis at the scene;

d) Fully equipped with the protection and safety of the staff when carrying out the observation mission at the scene;

There is a working-and-sufficient facility to ensure the quality of the observational work at the scene and the management of the data, the results of the matter.

What? 10. Paper Level Conditions Come on Receive sufficient environmental monitoring activities in the field of environmental analysis.

The organization is granted a sufficient certification of environmental observational services in the field of environmental analysis to have sufficient conditions under the following regulations:

1. There is a decision to establish or certificate of scientific or technological activity or a certificate of business registration or certificate of investment by the state governing body of the state granted environmental authority.

2. There is sufficient human resources to perform environmental analysis under the following regulation:

a) The head of the organization must have a degree from college onwards;

b) There are sufficient number of trained cadres to perform tasks within the scope of the environment analysis offering certification;

c) The laboratory manager must have a higher degree of higher education with one of the majors in chemistry, the environment, biology, ecology, nuclear physics, radiation, geography, geology and must have a minimum of 5 years of experience for the case of a degree. university, 03 years of experience with school h p has a Master degree, 2 years of experience for school h p has a PhD in the field of environmental analysis;

d ) The leader of the minimum environmental analysis team must have a higher level of higher education with one of the majors in chemistry, environment, biology, turkey, nuclear physics, radiation and has a minimum of 18 months of experience in the field of environmental analysis. The certificate is or is capable of using the minimum proficiency of a specialized device of the laboratory;

The quality assurance officer quality and control of the laboratory quality must have a higher degree of undergraduate degree to one of the majors in chemistry, environment, biology, ecology, nuclear physics, radiation and must have a minimum of 03 years of experience in the field. v Environmental analysis;

e) Lab cadres, minus torpedoes. Yeah. Laboratory management, analytics chief and quality assurance officer and quality control, have a higher level of management, training in the area of environmental analysis offer certification.

3. There is sufficient condition on the equipment and facilities facilities that perform environmental analysis by the following regulations:

a) There's equipment, tools and motherfuckers. a Sufficient to perform the analysis of the environmental parameters of the environmental components recommended by the certification of accuracy according to regulatory analysis by the Ministry of Natural Resources and Environment;

b) There is a process of preservation, safe use, maintenance and control, calibrated device calibration according to the regulation of the state authority with the authority or regulation of the manufacturer;

c) There is a process of use, which operates all environmental analysis devices;

d) There are full protection and safety vehicles for the task of performing an analysis of the environment;

There is a process of preservation, chemical use, standards, standard patterns, and processing, analysis of the analysis by the regulation of the state authority with the authority or regulation of the manufacturer;

e) There is a working office, which is sufficiently dense to ensure the quality of the environmental analysis and must ensure good maintenance of the laboratory environment (in light, power, humidity, temperature, sterness, ventilation) at the request of a permit. analysis due to the state agency with the regulatory authority or the requirements of the manufacturer;

g) There are measures to ensure industrial hygiene, fire safety, firefighting, and strict adhering of collection, handling laboratory waste according to the law of the law. l -Yeah.

What? 11. Changing the conditions of environmental monitoring service

1. When there's any change. socket The organization must inform the Ministry of Natural Resources and Environment for 60 days, since the change.

2. In the 15-day period of work, since the date of the organization ' s announcement text, the Ministry of Natural Resources and the Environment is in charge of consideration, the organization case no longer meets the sufficient regulatory conditions, revoking the issued certificate. specified at the Article 2 Article 17 of this decree.

Chapter III

LEVEL, EXTENSION, CONTENT ADJUSTMENT, REORDER, SUSPENSION OF RECALL AND CANCELLATION

THE CERTIFICATE IS ELIGIBLE FOR ENVIRONMENTAL MONITORING OPERATION.

What? 12. Paper Level Come on Receive sufficient service conditions v Environmental monitoring.

1. The organization wants to participate in an environmental monitoring service that has to be the procedure for issuing a Certificate of Certificate of Environmental Observational Certificate.

2. The filing of a Certificate of Certificate of Certificate of Environmental Observational Services is set up to 2 sets, each of which includes:

a) 1 major text offering the certification of a Certificate of Certificate of Environmental Observing Services by Regulation at M There. Number one, women. l All of them - with this decree;

b) 01 map of the organization ' s capacity by regulation at M' s There. Number 2, the Appendix issued by this decree.

3. The procedure for issuing a Certificate of Environmental Monitoring activity:

a) The organization recommends granting a certificate to submit a prescribed file at paragraph 2 This Article directly or via the postal route to the Ministry of Natural Resources and Environment;

b) In the 3-day period of work, since the date of the filing and the provision of regulatory conditions for environmental monitoring, the Ministry of Natural Resources and the Environment sends a document to the organization that suggests a postal certification in the case of a full profile. That's enough. Case case is incomplete and valid l Gordo, the Ministry of Natural Resources and Environment have the responsibility to inform the organization and to complete the profile;

c) In the 45-day period of work, since the date has a document reception, the Ministry of Natural Resources and Environment has a responsibility for appraisal, granting the Certificate of Environmental Observation Services to the t. socket A certificate of certification. The appraisal content includes consideration on the profile and evaluation, actual examination at the t. socket function;

d) School. p does not grant sufficient Certificate of Certificate in Environmental Observation Services, Ministry of Natural Resources and Environment is responsible for notification by v ... What? n ' s for the organization that suggests and specify the reason;

The filing recommended that the environmental observational service is valid only in the time of zero. 6 Months, Okay. from the date of the text reception. If it's more than six months, socket When the offer is granted, renew, adjust the content, reissue the Certificate of Identification to set up a new profile.

What? 13. Renewal of the Certificate of Qualified Environmental Monitoring Service

1. The organization wants to renew the Certificate of Environmental Monitoring activity that must file a extension offer before Gi ' s consent. All The certificate has expired at least 3 months.

2. The profile recommended to renew the Certificate of Qualified Certificate of Environmental observational services set up to 2 sets, each of which includes:

a) 01 main text offering to renew the Certificate of Qualified Certificate of Service activity to Environment in M There. U number 3, Appendix issued with this decree;

b) 01 map of the organization ' s capacity by regulation at M' s There. U number 2, Appendix issued with this decree;

3. The procedure to renew the Certificate of Environmental Monitoring Activity:

a) The organization offers to renew the Certificate of Deposing Records in paragraph 2 This Article directly or via the postal route to the Ministry of Natural Resources and Environment;

b) In the 3-day period of work, since the date of the filing and the provision of regulatory conditions for environmental monitoring, the Ministry of Natural Resources and the Environment sends a document to the organization that suggests a postal certification in the case of a full profile. That's enough. The case case is incomplete and valid, the Ministry of Natural Resources and Environment has the responsibility to inform and complete the profile;

c) For a 30-day period of work since the date of the document receiving the case, the Ministry of Natural Resources and Environment has a responsibility for appraisal, extension of the Certificate of Qualified Certificate of Environmental Observational Services. Content Move. The format includes consideration on the profile and evaluation, actual examination at the organization;

d) The case does not accept the extension of the Certificate of qualified Certificate of Environmental Observational Services, the Ministry of Natural Resources and Environment has a written responsibility for t. socket The subject of a certificate of recognition and clarity of reason.

What? 14. Edit Paper Content Come on Receive sufficient environmental conditions for environmental monitoring.

1. The environmental monitoring service organization wants to change the field, the scope of observation at the scene and environmental analysis compared to the certificate content that has been granted or when the organization is merged, merged if there is a need to continue operating in the field. Environmental monitoring services must manually adjust the Content Certificate content. i Environmental monitoring service.

The certificate of sufficient environmental monitoring activity is not regulated in the case of an hour. Certificate is available. Oh. It's time for six months.

2. The profile recommends regulating the Content Certificate of Environmental Monitoring operation being set up to 2 sets, each of which includes:

a) 1 major text that offers to adjust the content of the Certificate Certificate in accordance with the regulation of the environmental observational service at the M There. Number 4, Appendix issued with this decree;

b) 01 map of the organization ' s capacity by regulation at M' s There. U number 2, Appendix issued with this decree;

3. The procedure to regulate the Certificate of Environmental Monitoring Activity:

a) The organization recommends regulating the contents of the Certificate in accordance with provisions at paragraph 2 This Article directly or via the postal route to the Ministry of Natural Resources and Environment;

b) During the 3-day period of work, since the date of the filing and the provision of the condition of the conditions of environmental monitoring services, the Ministry of Natural Resources and the Environment sent the document to the organization recommitfully regulating the content of the postal certificate. in case of the full profile by regulation. The case case is incomplete and valid, the Ministry of Natural Resources and Environment has the responsibility to inform and complete the profile;

c) For a 30-day period of work, since the date of the document's reception, the Ministry of Natural Resources and Environment has a responsibility for appraisal, regulating the contents of the Certificate of Environmental Monitoring activities to the organization that offers to adjust the content. Content Move. The format includes consideration on the profile and evaluation, actual examination at the organization;

d) The case does not accept the regulation of the Content Certificate certification, the Ministry of Natural Resources, and the Environment, which has a written responsibility for the organization to know and specify the reason.

What? 15. Level l Certificate of environmental monitoring services.

1. The certificate of sufficient environmental monitoring activity is considered, reissued in the following circumstances:

a) The certificate has been issued.

b) The certificate is unusable.

2. The proposed filing of the Certificate of Environmental Eligitic Certificate of Environmental Qualified Certification:

a) The case case recommended that it be eligible for environmental observational activity that the organization sent to the Ministry of Natural Resources and the Environment (for a period of 6 months, since the date of the document reception), the organization set up and sent 01. The text offers to reissue the Certificate of Qualified Certificate of Environmental Observing Services at the M ... There. Number 5, The appendix issued with this decree; the copy of the certificate of the issued certificate (if any);

b) The case of the filing recommended that sufficient environmental monitoring activity the organization sent to the Ministry of Natural Resources and Environment (6 months, since the date of the filing of the document), the organization recommended the certification of 2 sets of records, Every single one of these files: 01 map itself. What? n The proposal to grant the Certificate of Qualified Certificate of Environmental Observational Services at M There. Number 5, the Appendix issued under this decree; 01 the organizational capacity itself of the organization by regulation at M' s. There. Number 2, the Appendix issued with this decree; the copy of the certificate is issued (if any).

3. The procedure to re-grant the Certificate of Environmental Monitoring Services:

a) The organization recommends granting the Certificate of Identification by regulation at paragraph 2 This Article directly or via the postal route to the Ministry of Natural Resources and Environment;

b) During the 5-day period of work, since the date of the adoption of a proposal to grant the organization's certificate of regulation at Point 2 This and the charges go away. Okay. The operation of the operation. It's c environment, Ministry of Natural Resources and Environment is responsible for appraisal, granting the Certificate of Environmental Eligitic certification for the organization recommended certification. Content Move. Define Oh. The review is on the h Oh. Of course. socket function;

c) During the 5-day period of work, since the filing of the organization ' s profile at Point 2 This Article and the fee appraisal of environmental observational services, the Ministry of Natural Resources and the Environment sent the ti. What? A certificate for the organization recommended by the postal service in the case of the full profile is specified. School. p profile is incomplete and valid, the Ministry of Natural Resources and Environment has the responsibility to inform and complete the profile. In the 20-day period of work, since the date of the document reception, the Ministry of Natural Resources and Environment to There is a responsibility for appraisal, granting the Certificate of Qualified Certificate Services for the certification organization;

d) In the absence of a fully qualified certificate of environmental observational services, the Ministry of Natural Resources and Environment has a written responsibility for the organization to recommend the certification and specify the reason;

In case of the loss of the certificate, socket The certificate was granted to the Certificate of Environmental Observation Certificate, but later found the certificate, the organization responsible for filing a refinding certificate for the Ministry of Natural Resources and Environment.

What? 16. temporarily suspend the validity of the Certificate

G. i In the following cases, the environment is suspended in the following circumstances:

1. The organization participated in non-scope environmental observational activity, the field is granted certification;

2. The organization uses the Certificate of Identification Without Proper Purpose;

3. The organization does not implement the certification regulations;

4. The organization does not implement the right and full of technical regulations on the process, environmental observational method provided by the Ministry of Natural Resources and Environment; not maintaining the program. What? Guaranteed. All The amount in the view. It's The environment.

What? 17. recall, revoking the Certificate of qualified certificate of environmental observational service.

The certificate is eligible for an environmental monitoring service that is revoked, canceled in the following cases:

1. The organization was banned from operation, declared bankrupt, dissolved, divided, separated;

2. The organization no longer meets enough one of the regulatory conditions at Article 9 and Article 10 this decree;

3. The organization does not perform the right commitment to compliance with the technical regulation of environmental observations and does not implement, maintaining the guarantee program. All The amount of environmental observations.

Chapter IV

EXECUTION CLAUSE

What? 18. Effect of execution

This decree has been in effect since 5 June 2013.

What? 19.

1. The Ministry of Natural Resources and Environment has the responsibility of guiding, organizing and examining the implementation of this Protocol; addressing the entanglement of the organization implementing the Protocol by jurisdiction.

2. Minister, Chief of the Ministry of Foreign Affairs, Head of Government of the Government, Chairman Brew The people of the people and the relevant organizations are responsible for this decree. ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung