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Circular 76/2009/tt-Bnnptnt: Guidelines For The Management Of Environmental Protection Task Of The Ministry Of Agriculture And Rural Development.

Original Language Title: Thông tư 76/2009/TT-BNNPTNT: Hướng dẫn quản lý các nhiệm vụ bảo vệ môi trường thuộc Bộ Nông nghiệp và Phát triển nông thôn

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Pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development, and Decree No. 75/2009/ND-CP dated September 10, 2009 by the Government about amending article 3 of Decree 1/2008/ND-CP dated 9 January 2008 by the Government;

Pursuant to the law on environmental protection in 2005;

Base circular No. 114/2006/TTLT-BTC-DIVISION on December 29, 2006 of Ministry of finance, Ministry of natural resources and the environment guide the management of funding environmental career;

Base circular No. 44/2007/TTLT-BTC-SCIENCE and TECHNOLOGY, July 5, 2007 of the Ministry of finance, the Ministry of science and technology of building norms and cost estimation for the subject of science and technology projects that use the State budget;

Base circular No. 01/2008/TTLT-BTC-BTNMT October 4, 2008 of Ministry of natural resources and environment, the Ministry of finance estimating guide environmental protection work in funding environmental career;

The Ministry of agriculture and rural development guidelines to manage the tasks of environmental protection Ministry as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular instruction content management tasks include: environment protection process of self-determination; planning; building outline and overall budget estimates and annual; a selection of individual organizations; outline assessment and estimation; signing the contract; implementation; check, monitoring; test results and the liquidation of the contract. The other content not specified in this circular is applicable according to the current text.

2. This circular applies to all organizations and individuals performing tasks of environment protection in funding environmental career due to the Ministry of agriculture and rural development management. Other funding sources used for environmental activities but does not yet have a private guide applies herewith.

Article 2. General principles 1. Must comply with the current rules.

2. The task of environmental protection are derived from practical requirements, consistent with the Mission of the industry, ensure consistency and not duplicate.

3. The authorities, institutions and individuals to host is responsible for performing the duties assigned.

Article 3. Explain the term In this circular, the terms below are interpreted as follows: 1. agricultural, rural environment is the environment in the areas of agriculture, forestry, irrigation, fisheries, rural industry and matches.

2. The task of environmental protection of the Ministry of agriculture and rural development, including the programs, projects and other activities of the Department are related to the work of agricultural, rural environment; hereinafter referred to collectively as the mission environment.

3. The program is the set of project objectives, the content clearly aimed to solve one or a number of specific issues related to agriculture, rural environment within a defined period of time.

4. Choose task is determining the priority, name, objectives and expected results are achieved.

5. Selection of the Organization, the individual presiding over the Mission's evaluation process the registration records the task was approved, in order to identify the individual and organization chaired by the current rules.

6. Testing the Mission's evaluation process, recognizing the results compared to the approved outline and liquidated the contract signed.

Article 4. The content in the mission environment 1. Census, survey, monitoring, alerting, and reporting, evaluation projects, environmental projects a) investigation, surveys, reviews the current state of the environment, strategic environmental assessment, environmental impact assessment, environmental performance forecasts and disease in agriculture;

b) investigation, statistics, reviews of waste, pollution, degradation and environmental issues;

c) operation of the monitoring system and the analysis of environmental agencies, units of the Ministry of agriculture and rural development management; construction and implementation of the program of environmental monitoring;

d) investigating, researching, applying scientific and technological advances, the technology on the protection of the environment; strategy, planning, plan, policy mechanisms, standards, technical-economic norms, technical process on the protection of the environment;

DD) periodic environmental statements and irregular;

e) appraise the environmental assessment report strategy and the report on environmental impact assessment;

g) building capacity alerts, prediction, prevention and response to natural disasters, environmental issues, including support equipment and the operation of the rescue environment issues;

h) build and project appraisal, environmental protection project.

2. Waste management a) classification, collection, transport, processing, recycling, landfill of hazardous waste;

b) handles the base cause serious environmental pollution.

3. The conservation of biological diversity a) control foreign organisms and genetically modified organisms;

b) activities related to the protection of the animals, plants, micro-organisms and rare risk of extinction; exploitation and use of agricultural biodiversity has not been mentioned in other tasks.

4. Build the application model for environmental technology and environmental management model.

5. Combating desertification and degradation of environmental quality.

6. Application of cleaner production, eco-labels and standards of ISO 14001.

7. Build and maintain information systems, environmental database (including the collection, processing and exchange of information); the warning information system for community environment.

8. Advocacy, dissemination, education and environmental legislation; professional training on the protection of the environment.

9. professional activities, inspectors checked the implementation of the law on the protection of the environment.

10. the activities of the Steering Committee, the Executive Committee, a permanent Office on the protection of the environment, for the international cooperation projects on the protection of the environment.

11. Awards to organizations, individual achievements in environmental protection, rural agriculture.

12. Other activities relevant to environmental tasks.

Article 5. Classification of environmental tasks according to the level of management 1. State level a) independence;

b) of the national target program;

c) target program;

d) project.

2. Order a) regularly;

b);

c) under the program;

d) project;

sudden);

e) international cooperation, collaboration with local and other tasks by Ministry do clue or host management.

3. Level a) due to The hierarchy;

b) other tasks because the basis is the clue.

Article 6. Determining the environmental mission 1. Based on the strategy, program goals, the plan of environmental protection of the State and of the Ministry.

2. Based on the requirements of environmental protection practices in these areas by the Ministry of agriculture and rural development management.

Chapter II DEFINED the RECRUITMENT, ORGANIZATION and INDIVIDUALS PERFORMING TASKS article 7. Identify the task 1. Jurisdiction to determine the task a) State level Ministry of agriculture and rural development proposed base of organizations, individuals and the Department's direction, in considering and proposing tasks with competent agencies.

b) the Ministry of science and technology in service of the environment determines the list of tasks the Ministry approval. In case of need, the Minister of agriculture and rural development to directly determine the mission.

c) grassroots heads of subdivisions, The proposed list of tasks. The Ministry of agriculture and rural development of authorized Director of science technology and environment review approved.

d)-international cooperation for the management by the mission: Ministry of agriculture and rural development in collaboration with partners to determine the list of tasks;

-For the task by the Organization, direct personal collaboration: collaboration with unit heads partners determine the tasks and reports.

DD) in partnership with other organizations, local-for the task by the management: the Ministry of agriculture and rural development in collaboration with local identification task list;

-For the task due to direct cooperation organizations: heads of unit in collaboration with local organizations, defines the tasks and reports.

2. determine the sequence of tasks: a) for mission and Ministry management suggestions: step 1. Proposed mission Before 30 January each year, the Ministry of agriculture and rural development proposed guidelines and priority oriented tasks (if any) for the individual organization to sign the mission;

Step 2. Define the mission the science technology and environment:-proposed list of gathered the organizations/individuals;

-Establish the scientific and technological Council or invited independent consultants Organization reviews, the selection of the proposals;

-The Ministry for approval.

Step 3. Notice the list of tasks the science technology and Environment category announcements and instructions to prepare the registration dossiers chaired by the Task Manager on the mass media (for the bidding task list) and reported directly to the Agency, the Organization of the Ministry (for the list of tasks is The direct communication).

b) for the base set of tasks delegated to the heads of units follow the authority specified in article 7, paragraph 1, section c, d, e and the order of the provisions of article 7, paragraph 2, section a of this circular.

Article 8. A selection of individual organization chaired the task 1. A selection of forms) directly: are applicable to the particular task match the functions and capacities of the Organization, the individual presiding;

b) bidding: apply for the remaining tasks.

2. Conditions of participation selected chaired the task a) organizations have legal personality, active function is suitable, qualified manpower, equipment and facilities;

b registered individuals) chaired the task must have qualified from the engineer or equivalent and above, suitable qualified and have at least 3 years of experience in the field of registration.

3. The profile selection: a Single sign) chaired the task (Schedule 1);

b) demonstration mission overall environmental protection (2);

c) summarizes the activities of the organization registered host (Schedule 3);

d) curriculum vitae of the individual presiding and other officers involved (Schedule 4);


e) text confirming participation coordination organization (5).

The record features 11 a (1 original marked red and 10 a photo) is packed, sealed, outside there paste the list of individuals involved in the task, submit to the Service of science, technology and the environment for the mission due to logical or submitted to the basis for the mission due to facilities management.

4. Selection of individual organization chaired the task a) against the Ministry-Ministry of agriculture and Rural Development Council from 7-11 or invite members from 3-5 consultants selected independent organizations, individuals perform;

-The Council or independent consultant reviews and reviews of records according to the instructions in Schedule 6 and 7.

-Within 15 working days since the results of consultant, the science technology and environment announced in writing to the successful organization of the individual, the result of selection and the need to modify the content, improve.

b) for grassroots tasks the Ministry delegated to heads of subdivisions selected organizations, individuals chaired the task in the correct order, the procedure specified in article 8, paragraph 4, section a of this circular, the results reported to the Ministry.

5. outline evaluation, estimation and contracted a) against the Ministry-in 15 working days from when notification of selection results, organizations and individuals to host the perfect outline according to suggestions of the Board submitted to the science technology and environment to organize the evaluation;

-In 15 working days from receipt of complete records, the science technology and Environment coordinated with Financial Services evaluation outline and overall estimation; the evaluation content and funding annually by the Organization and the implementation guide;

-Within 10 working days after the evaluation, organization and individual finishing process outline the science technology and environment and the Financial Services approved before July 30, 10.

-Within 10 days after the appraisal, organizations and individuals have a duty to improve the outline process of science technology and Environment approved and signed the task (Schedule 11).

b) for grassroots mission: heads of units are authorized to recruit individual organization chaired the task of evaluation organizations, approve and sign the contract to perform the task in the correct order, the procedure specified in article 8, paragraph 5, section a, of this circular, reported the results of The previous October.

Chapter III MANAGEMENT of DUTIES article 9. Check the task 1. The science technology and environment, in cooperation with the relevant units of organization check periodically the implementation of the tasks of managing at least once every year, not to mention unscheduled checks when necessary. The report and the minutes test (sample attached in Schedule 12) is required in the document profile reviews results annually and the mission.

2. Organization check each year at least 2 times the implementation of tasks and reporting on The following regulations.

3. content check: progress, products, funding and issues arise.

Article 10. Reviews the results of missions including annual reviews, mid-term evaluation and evaluation trials.

1. Annual review: are made each year. The authorization for the organization established the Board reviews the results. The report and the minutes as required documents serves the annual test and finish the mission.

2. mid-term evaluation (for large scale tasks, time from 3 years upwards): science, technology and the Environment Council or organization invites expert counsel reviews the results between States. The report and the minutes as additional documents in the record collecting mission ends.

3. Reviews trials: a. grassroots task: be conducted within 30 days from the end of the duration. Heads of organizations established the Council made.

b. The supply mission: made according to two levels, and grassroots levels. Rating level within 25 working days from the end of the implementation period; reviews of the Ministry after the level basis of 25 working days.

Reviews by the grassroots organization heads established the Council made. Reviews of the Ministry by the science technology and Environment Council made after the record level departments and the suggested order of evaluation organizations. Reviews and reviews of the members of the Council attached the Schedule 13 and 14.

The report and the minutes reviews (16) is a required document in the record collecting mission ends.

Article 11. Liquidation of the contract 1. The mission assessed the "reach" new considered liquidated contracts. The mission is rated "not reached" will be dealt with according to the provisions of article 16, paragraph 1, category d, e and e of this circular.

2. Within 15 working days since the results of reviews experiences collecting, organizing and personally chaired the task complete and filed records of science, technology and environment (for the tasks the Ministry) and submitted to the host unit (for grassroots tasks) to liquidate contracts.

Liquidation records include: a) general duty and voice-overs annually (a copy);

b) periodic inspections thereon, annually;

c) minutes of the annual test;

d) The product of the mission;

DD) level reviews thereon;

e) level assessment thereon (for the tasks the Ministry);

g) additional justification and modify the profile according to the conclusions of the Council;

3. Within 15 working days from receipt of valid records, the science technology and Environment coordinated with related units conducting liquidation of the contract according to the current rules for the task of the Ministry; Unit heads chaired proceed liquidate the contract for grassroots tasks (17) and report the results of the science, technology and the environment.

Article 12. Funds selection, screening, assessment and selection of funds, checks, reviews and trials by the organizer retrieved from funding environmental career equivalent to 1-2% of the total cost of environmental careers. The case made by the organizations, the funding was retrieved from funds management.

Chapter IV REPORTING MODE, DELIVER products, ANNOUNCED RESULTS MANAGEMENT and article 13. Report mode chaired the mission is responsible for the submission of the previous periodic report on July 15, the annual report before 31 December, annual report and other reports (when required) on Service of science, technology and environment (for the tasks the Ministry) and host (for grassroots tasks).

Article 14. The transfer of property in the period of 30 days after the liquidation proceedings, chaired the task of conducting the transfer of property under current rules.

Article 15. Management and recognition 1. Managing for results: a report of the tasks the Ministry (including the Print Edition and CD) are stored at the Service of science, technology and the environment, Centre for Informatics and statistics and the Agency chaired; for grassroots mission reports are stored in the body.

2. Recognize the results: after the Mission has completed the liquidation procedure, the transfer of property and submit the results, the science technology and environment and the unit heads chaired the certification recognized the results of the mission.

Chapter V HANDLE VIOLATION of article 16. Processed in violation of the Organization, the individual does not complete the task, or violation of the provisions of this circular will be handled as follows: 1. With regard to presides and the individual concerned a) Not be chairing the next mission within 1 year if the submission of periodic reports slow April 3 in 2 States constantly or report a slow test 3 months;

b) Not be chairing the next mission within 2 years if not submit periodic reports of two States continuously or filing reports slow test 6 months;

c) suspend chaired the task if in breach of financial management or arbitrarily modify the objective, content, time and place;

d) to remove the funding to complete the content stated in the contract for the mission was evaluated trials "not reached" due to the volume of work unfinished. Time to complete because the Council reviews trials the decision;

DD) not being presided over the task within 3 next year and must repay the expenditure under the current financial regulations in cases not reached due to the breach of the provision of records and documents, data, dishonest, false financial management regulation;         

e) serious violations will be dealt with according to law.

2. for organizations: a) the heads of the organization chaired the task according to the degree of the violation may be subject to disciplinary form of reprimand if units have personally presided over the suspension or violation of the law;

b) organizations have suspended or individuals breaking the law won't be chairing the task in the first round next year.

Chapter VI ORGANIZATION of the IMPLEMENTATION of article 17. The responsibilities of the unit in The 1. The science technology and environment Guide, check the make this circular.

2. Financial cooperation with the science, technology and environment guides make the content related to finance.

3. The service function, specialized agency, the Office of the Ministry and other relevant units, according to the function, the task of coordination with the science, technology and the environment implementation of this circular.

In the process, if any problem arises, the obstacles, The report (through science, technology and environment) to supplement and amendments.

Article 18. Effective enforcement of this circular are enforceable after 45 days from the date of signing./.