Circular No. 36/2009/tt-Bct: Regulations To Manage The Task Of Environmental Protection Projects, Industry And Trade

Original Language Title: Thông tư 36/2011/TT-BCT: Quy định quản lý các nhiệm vụ, Dự án bảo vệ môi trường ngành Công thương

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The CIRCULAR regulates the management of tasks, projects of environmental protection industry and trade _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 44/2010/ND-CP dated 14 December 2010 of the Government revisions, supplements article 3 of Decree 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to the law on environmental protection on November 29, 2005;
Pursuant to the law on State budget of 16 December 2002;
Pursuant to Decree No. 81/2007/ND-CP dated 23 May 2007 of the Government institutions, expert on the protection of the environment in State agencies and State enterprises;
Pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;
Minister of industry and trade regulations, duties of environmental protection projects in industrial and commercial sectors as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular building regulations plan; implementation; test results and the financial settlement of the tasks, environmental protection projects in industrial and commercial sectors.
2. This circular apply to participating institutions manage; perform the task, project environmental protection industrial and commercial sectors.
Article 2. Explain the term In this circular, the terms below are interpreted as follows: 1. The task of environmental protection projects, sectors of industry and trade: are the tasks, project uses funds environmental career management by the Ministry of industry and trade, built with the specific contents as the name , goals, content, expected product, the expense and time taken (hereafter referred to collectively as the task of the environment).
2. environmental protection plan: is the set of environmental tasks to resolve one or more issues related to environmental protection industries and trade in a defined period of time.
3. The task order: is the task of the environment proposed by the Ministry of industry and trade and a selection of agencies chaired made.
4. Environmental mission profile: include the document as presentation outline of environmental duties, contracts and other documents were established according to the form prescribed.
5. host agency: is there enough Organization legal personality and capacity are Industry or task order environment.
Article 3. The task of the environment environmental duties are derived from practical work of environmental protection are the responsibility of the Ministry of industry and trade and in accordance with circular No. 45/2010/TTLT-BTC-BTNMT on October 30, 2010 of the Ministry of Finance-Ministry of natural resources and the environment guide the management of funding environmental careers in the following: 1. implementation of programmes, projects, environmental protection projects by the Government, the Prime Minister and the authority delegated to Industry.
2. Build and maintain information systems operations, environmental database industrial and commercial sectors.
3. Propose mechanisms, environmental protection policy meet the requirements of the industrial and commercial sector.
4. building standards, technical standards, technical process on the protection of the environment with respect to the manufacturing process, the emissions in the industrial sector.
5. building standards, environmental standards for the goods and products to ensure that the requirements of environmental protection in the country as well as international economic integration.
6. construction materials, technical manual, technical-economic norms serve waste management, environmental management of industry, in the field of Industry management.
7. Supports enterprises in the industrial and commercial sector to build models of environmental management (ISO 14001) and build the program to be certified business and environmental-friendly products.
8. building plan for environmental protection of the industry, by sector of Industry management.
9. Perform environmental monitoring programs, build the report reviews the situation of industrial and commercial industry environmental impact environmental reporting, periodic thematic and irregular.
10. Activities evaluation report reviews the environment strategy, the report on environmental impact assessment under the authority of the Ministry of industry and trade. Professional activity to check the implementation of the law on the protection of the environment with regard to industrial and commercial enterprises.
12. Advocacy, dissemination, education and environmental legislation; professional training on the protection of the environment.
13. the activities of the Steering Committee, the Executive Committee, the permanent Office of environmental protection is authorized to decide; capital for the international cooperation projects on environmental protection (if any); and other activities relevant to the task of protecting the environment is the Minister of Industry for approval.
Chapter II SPECIFIC PROVISIONS section I plan to build 4. List building environmental mission 1. The construction of the category of environmental tasks must be completed before 15 May of the year preceding the year of the plan.
2. In January of every year, based on the request of management, strategy, program goals, the plan of environmental protection of the State and of the industry, the Ministry of industry and trade issued guidance documents the construction unit environmental protection plan for the next year.
For the task order, Industry would notice on the Ministry's electronic information, Bureau of safety and environmental engineering industry and the newspaper Industry to host agency selection made.
3. the proposed profile base environmental mission profiles and join a selection of missions sent on order, the Industry held preliminary scrutinizing the content of products expected, and build the environment task.
Article 5. The proposed mission profile environmental profiles and join the mission selection order 1. The proposed mission profile of environment and selection of participants records the task order was established according to the form prescribed in annex 1, annex 2 and posted on Industry (technical safety Bureau and industrial environment) before 15 April of the year preceding the year of the plan.
2. the proposed mission profile of environment and selection of participants records the task order is sent by post or submitted in person at the Bureau of safety and environmental engineering industry on time as specified. The case sent by post, on receipt of a certificate is on record in "to" of the Bureau of safety and environmental engineering industry.
3. selection of participants records the task order includes: one (1) set the original record and eight (8) copy (photocopy) the original record (marked with the Organization's and the individual's signature respectively as already specified on each form), is packed in a bag of records have to seal the outside and specify the following : a) the name of the task of the environment involved a selection;
b) your name, address, telephone of registry chaired and organized participation coordination tasks (only list organizations had confirmed participation coordination);
c) bibliography, the text contained in the profile.
Article 6. Evaluation of environmental tasks 1. The base directory of the task of the environment has been built, the Industry established the Council of evaluation presentation outline, estimating the environmental mission.
Authority of at least seven members, including: President of the Council, Commissioners are representatives from financial institutions, professionals in the field of the environment and related disciplines.
2. implementation of evaluation: a) for the proposed mission profile: Board evaluation reviews by comment form, review the suitability and urgency of the content proposed for inclusion in the environmental protection plan of the Ministry of industry and trade of the year plan;
b) with respect to the records involved selection: by Assessment Board grading forms according to the evaluation criteria and group scale prescribed in Appendix 3 attached to this circular. The environmental mission profile selected participants will be ranked from high to low down based on the number of points assessed according to the following conditions:-the record has a total average score of the reach from 70/100 points or more, in which, the average score of each group of criteria not lower 50% of the total score of the team that criteria;
-For the record has a total score equal points rating higher than that of the President (or Vice President of the Council, in case the President of the Council is absent) precedence to rank; the case of the Chairman or Deputy Chairman of the Board (the case of absence of the Chairman) for the same records, the Council will propose at the possible alternatives.
The Agency has records auditioned to be the highest ranking will be the Council proposed the Industry selected as Agency chaired the task environment.
3. Based on the evaluation results, the Board's assessment, the Ministry of industry and trade general environmental protection plan to send to the ministries concerned to consider. The General plan is completed before 10 July of the year preceding the year of the plan.
Section 2 implementation article 7. Given the task and estimating the budget 1. Base my opinion of the Ministry of natural resources and environment and the Ministry of finance, the Ministry of industry and trade to scrutinize and approve decisions of environment task in the plan. The approval was made in December of the year preceding the year of the plan.
2. Pursuant to decision of the Minister of finance regarding the delivery of income estimation, budget year from environmental career resources entrusted to Industry; Pursuant to decision of the Minister of industry and trade mission environment of years of planning, the financial leaders of The approval and delivery of environmental career spending estimates for units made under the provisions of the law on the State budget.
Article 8. Outline of presentation and approval of the contract 1. Pursuant to decision of the Minister of industry and trade mission environment, Department of environmental and safety engineering industry will switch the category environmental duties performed during the year to plan posted on the Ministry's electronic information page, and posting on the page of the Bureau of safety and environmental engineering industry and conduct approved outline presentation and signing Council duties.

2. The task of the environment was put into environmental protection plan of the year plan but not yet deployed the funds withheld results and prioritize in the next plan year.
Article 9. Reports, mid-term environmental task implementation 1. Progress made under the base contract to perform the task of the environment, the Agency chaired implementation is responsible for submitting the report the implementation of the environmental mission of safety engineering Bureau and the industrial environment according to the form prescribed in Appendix 3 attached to this circular.
2. The base results report, the Bureau of safety and environmental engineering, industrial inspection organization, reviews the implementation of the task environment. In case of need, the Bureau of safety and environmental engineering, industrial inspection organization, reviews.
3. for the mission lasted two years, after the end of a year, the Agency chaired responsible reporting last year sent the Bureau of safety and environmental engineering industry to reviews, trials and execution workload as a base funding payments made during the year.
Category 3 and deliver results article 10. Test results 1. The task of the environment when completed must be test, review the results at the Board level, the base level.
2. The Board level the base by the host agency heads decided to include a minimum of 12 members representing the agency leadership presided and experts in relevant fields.
3. level The Council because the Industry decided to include a minimum of 12 members are representatives of relevant agencies and professionals are experienced, professional level match the content, nature of the task environment.
Article 11. The organization level the base 1. The assessment results in the base level was made after the Agency chaired received suggest trials of presiding duties.
2. The Council considered the base level, rate content, the volume of the product; implementation methods, the degree of completion of the document and report the product as compared with the approved outline presentation and specific conclusions about the existence of the problem and the need to edit, Supplement.
3. The Council level assessment results of environmental tasks according to one of two levels: "Reach" or "not reached".
4. The task of the environment be assessed results done in the level "Reaches" the mission was at least 2/3 of the Council members present voting reviews "Hit" and is the basis for review, a review level.
5. The task of the environment be assessed results at a level "not reached" in the following cases: a) has less than 2/3 of the Council members present voting reviews "Reach";
b) not worth to use, duplicate results;
c) records, documents, data provided is not honest;
d) arbitrarily modify the target, content;
6. Pursuant to the conclusion of the Board level basis, within 15 days from the date of the meeting of the Council, chaired the mission is responsible for complete product profile of environmental agency filed mission.
Article 12. The level 1 organizations. The assessment of the results accomplished in the Ministry was made after authorities received the text of the proposed host agency trials attached in full to the product of the task environment.
2. level the Council conducted meeting in the presence of from 2/3 of members including at least 1 member review.
3. level The Board reviews the results of the task environment by vote, according to one of two levels: "Reach" or "not reached". The task of the environment be assessed results at a level "not reached" in case there are less than 2/3 of the Council members present voting reviews "Reach".
Article 13. Deliver products and records management 1. Pursuant to the conclusion of the Ministerial level Council, within a period of 30 days from the date of the Board meeting, the Agency chaired the complete responsibility of the product profile environmental mission filed of technical safety Bureau and the industrial environment: 2 prints and 1 soft copy on CD; product image (if available); 1 Summary report contents environmental task has completed to be posted on the media of the Ministry of industry and trade. 2. The Bureau of safety and environmental engineering industry, the Agency chaired the task is responsible for the whole management of records, documents and popular organizations, application of the results of the environmental mission into practice.
Section 4 liquidation of the contract and the settlement of funds article 14. Liquidation of the contract base environment mission report on the test results of the mission, the Bureau of safety and environmental engineering industry made the liquidation of environmental mission contract signed with host authorities within 10 days of receiving the product's full environmental mission.
Article 15. Settlement funding 1. Service Finance, in cooperation with the Bureau of safety and environmental engineering industry check settlement funding environmental career. For units not performing presiding in the estimation units directly (genus through accounts of the Bureau), the Bureau of safety and environmental engineering industry in General to the report of the Bureau of the Ministry of industry and trade appraised and approved according to the provisions of the law on the State budget.
2. until 31 December case residual cost estimating environmental mission not yet used or advance expenses not eligible for settlement, the Agency chaired the prize in writing clearly the causes and recommended transfer of funds to the following year sent the Bureau of safety and environmental engineering industry before 31 January of the following year (confirmed by the Treasury the State where the transaction unit) to the Industry suggested the Ministry of finance to consider the transfer of funding have not used up to the next year according to the prescribed regimes.
3. for the environmental mission accomplished for many years, within 30 days from the date the Ministry Council, chaired the agency responsible for establishing the funding settlement reports were used in the in and report the full cost of the mission is done.
Chapter III the TERMS of the IMPLEMENTATION of article 16. Terms of implementation 1. This circular in force from October 16, 2011.
2. the Chief of the Ministry, Chief of safety engineering and industrial environment, Director of finance and heads of agencies, the relevant base unit functions, tasks is responsible for the implementation of this circular.
3. in the implementation process if there are obstacles, agencies, units need to reflect promptly in writing about the Industry to consider and resolve.