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Circular 12/ttlt-Btnmt-Bnv: Guide The Implementation Of A Number Of Articles Of Decree No. 81/2007/nd-Cp Dated 23 May 2007 Of The Government Institutions, Expert On The Protection Of The ...

Original Language Title: Thông tư liên tịch 12/2007/TTLT-BTNMT-BNV: Hướng dẫn thực hiện một số điều của Nghị định số 81/2007/NĐ-CP ngày 23 tháng 5 năm 2007 của Chính phủ quy định tổ chức, bộ phận chuyên môn về bảo vệ ...

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CIRCULAR guide perform a number of articles of 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. 91/2002/ND-CP dated 11 November 2002 of the Government functions duties, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 45/2003/ND-CP dated 9 May 2003 by the Government on the functions, duties, powers and organizational structure of the Ministry of the Interior;
Point c of the base item 2 article 6, and art. 1 article 11 of Decree 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;
Ministry of natural resources and environment, the Ministry of Interior guideline the following contents: i. SCOPE 1. The duties, powers, organizational structure, staffing of the environmental protection Bureau in the Department of natural resources and the environment, the central cities.
2. Organization and activities of the business units operate in the field of environmental protection.
II. Duties, Powers, ORGANIZATION And STAFFING Of The DEPARTMENT Of ENVIRONMENTAL PROTECTION 1. The duties and powers of the environmental protection Bureau of environment protection functions specified in point a of paragraph 2 article 6 of Decree 81/2007/ND-CP dated 23 May 2007 from the Government, have the specific powers, duties: 1.1. Chairing or participating in building the legal text, program, plan, project, project on the protection of the environment as assigned by the Director of the Department; implementation of the legal text, program, plan, project, project-related functions, the Mission has been authorized, issued, approval;
1.2. for staff Director to lead the Organization, individuals perform the standard rules on technical standards, environmental activities in manufacturing, trading and services;
1.3. the Director advised the Chairman of the provincial people's Committee, the central city in the Organization of the evaluation of the environmental assessment report and the evaluation strategy, approved the report on environmental impact assessment in accordance with the law; help Director examined the implementation of the content of the report reviews the environmental impacts after the approval and implementation of investment projects;
1.4. Investigation statistics, effluents, emissions and waste type on the province, central cities; the Director of Department of registration records, code-level management of hazardous waste in accordance with the law; check the implementation of the registered content of practice waste management; do clues in cooperation with the relevant professional bodies and units of the Department overseeing the Organization, individuals importing scrap as raw materials production;
1.5. Help Director detection and petitioning the Agency to have the authority to handle environmental pollution causing establishments; the Director of the Department for confirmation of the base cause serious environmental pollution has completed the disposal of environmental pollution thoroughly according to the recommendations of the base there;
1.6. Rating, warning and forecasting environmental risk on the province, central cities; investigate, detect and identify contaminated areas of the environment, the report and recommendations to the Director of the Department of preventive measures, pollution, degradation and restoration of the environment;
1.7. Do clue to coordinate or participate with agencies concerned in solving the sectoral environmental issues, the province and the conservation, sustainable exploitation of natural resources, biodiversity, as assigned by the Director of the Department;
1.8. Assist Director of construction monitoring program environment, organizations make environmental monitoring under the programme content has been approved by or by order of the Organization, the individual; construction of the current state of the environment reporting and planning environmental monitoring network in the province, central cities; tracking, check for the technical operation of the network of local environmental monitoring;
1.9. The organization performs the tasks of science and technology, chaired or participated in-country projects and international cooperation in the field of environmental protection as assigned by the Director of the Department;
1.10. The Director advised the Department guidance on the management of the environment for environmental and Resource Room of the district, County, town, and city in the province and local officials – build communes, wards and towns; advocacy, education, common law on the protection of the environment as assigned by the Director of the Department;
1.11. track, check the observance of the provisions of the law on the protection of the environment in the province, central cities; cooperation with the inspection of the implementation of the inspection, detection of the violation of the law on the protection of local environment and recommend Director handled by the authority; Join resolve complaints, accusations, disputes about the environment as assigned by the Director of the Department;
1.12. Managing finance, property, organization and public servants in the Department according to the hierarchy of people's committees of provinces and cities under central, Director of the Department of law and regulation;
1.13. Perform other duties assigned by the Director.
2. Organization of Bureau for environmental protection 2.1. Leaders of the Bureau: the Bureau of environmental protection has the Bureau Chief; help the Bureau Chief there from 01 to 02 Deputy Bureau Chief. The appointment, dismissal, resignation of Chief, Deputy Bureau Chief of Bureau follow hierarchy of people's committees of provinces and cities under central.
2.2. Structure of the Bureau: based on the volume of work, nature and characteristics of State management of environmental protection at local and administrative payroll number was delivered, the provincial people's Committee, the central cities decide the specific organizational structure of Environment Protection Bureau are as follows : a) for branch has volume of work should the layout of the regular administrative officials from 10 to 15 people can establish no more than 2 of the following rooms:-General and environmental impact assessment;
-Pollution Control Room.
b) for branch has volume of work should the layout of the administrative officer to work regularly on 15 people then might formed 3 rooms:-General;
-Appraisal and environmental impact assessment;
-Pollution Control Room.
c) Not established directly under the room in the branch has volume of work needed to layout of the administrative officer to work frequently under 10 people.
The Bureau did not have the room, the Director of Bureau directly assigned and steering, check the administrative officer in the Bureau performs the tasks of the State administration of environmental protection.
d) Bureau can have the units subordinated to the following:-environmental monitoring centre: is business units serve state management of environmental protection, because the State budget guarantees the whole or part of the cost of regular activities. Each headquarters established an environmental monitoring center affiliated to the environmental protection agency, in accordance with the conditions established in clause 1.2, section 1 of part III of this circular.
The case established the Centre for observation and environment monitoring missions to the field in function of the Department then can this center or Department directly under the protection of the environment.
-Application Center for environmental technology development or other business units perform public services on the protection of the environment is the unit itself ensuring funding operations.
DD) for the Bureau does not have environmental monitoring centre (or centre of observation and environment) can establish environmental monitoring Stations. Chief Bureau of labor is contracted to perform the task of observing and analyzing the environment by funding the environmental protection industry.
Observation environment are leads the equivalent level in the room directly under the Bureau, have no legal personality, the seal and the account.
2.3. duties, powers and organization of the environmental protection agency by the provincial people's Committee Chairman, the central cities of decision; The Director of the Department of natural resources and environment regulations, duties and functions of the Organization, business units (if any) directly under the proposal of Bureau Chief.
3. Protection of the environment 3.1. Administration of payroll Bureau include: Bureau Chief, Deputy Chief and Bureau officials and public servants working in the room (or parts) of the professional branch.
3.2. The Payroll Bureau's career includes officers, employees working in the unit directly under the Bureau. The case of missing officers, according to staffing, the Bureau of labor contract signed by funding the environmental protection industry.
3.3. the administrative staffing and staffing of career because the Director decided to allocate in the total payroll of the targets was the Chairman of the provincial people's Committee, the city of centrally allocated under the current rules. Particularly for business units to self insure funds operate regularly, Director of plan approval unit.
III. ORGANIZATION And ACTIVITIES Of The BUSINESS UNITS OPERATE In The FIELD Of ENVIRONMENTAL PROTECTION 1. Business units serve state management of environmental protection

1.1. Environmental Monitoring Centre (or center field monitoring and analysis of environmental monitoring and information centre on environmental monitoring center resources and environment) Regulations this circular is business units have legal personality, the seal and the account, due to competent State agencies established in the Department (or Directorate) of the Ministry of natural resources and the environment , ministries, ministerial-level agencies that function related to the responsibility to protect the environment or in the environmental protection agency, the Department of natural resources and the environment, the central cities to serve state management. The business units are engaged to provide the services on the protection of the environment in accordance with the law.
The environmental monitoring unit of State-owned enterprises, universities, research institutes or other public career organization functions to the organization providing the services environmental monitoring is not the business units serve state management of environmental protection under the provisions of this circular.
1.2. environmental monitoring centre specified in section 1 of part III of this circular was established, active when there is enough of the following conditions: a) Department (or Directorate) of the Ministry of natural resources and environment ministries, ministerial-level agencies that function related to the responsibility to protect the environment or the Department of natural resources and the environment were building project , the Authority decided to establish environmental monitoring center to serve directly for the environmental management of the Agency; 
b) Have workplace and ensure the conditions make observation and analysis of the environment;
c) Have qualified laboratory analysis of the basic environmental parameters; There are from 3 officers analyze samples in the laboratory, in which at least 12 officers analyze academic specialisation model fit;
d) have adequate equipment, instruments and chemical sampling, sample preservation, fast meter the scene and fit standard shipping and must reach the required accuracy as defined for the components of the environment (air, water and soil); There is enough monitoring force members, including at least 3 Member monitoring academic specialization in accordance with the task of monitoring, analysis and synthesis of data;
DD) has the power to ensure the implementation of processes, rules, technical standards and quality assurance/quality control (QA/QC) of environmental monitoring; There are officers who are dedicated to the technical management and quality management.
1.3. Center for environmental monitoring are self-reliance, self responsible for performing the duties, organisation, staffing and finances under the provisions of the law.
2. Business units perform public services on the protection of the environment 2.1. The business units operating in the industry, the field can participate in the provision of certain public services on the protection of the environment for the Organization, the individual matching functions, tasks, conditions, professional capabilities and the provisions of the law (hereinafter referred to as business units perform public services on the protection of the environment) , including: a) The Institute, the Center for scientific research and technological development, consulting and technology transfer;
b) information center-resources for science, technology, resources and the environment;
c) the unit (tv station, Center) observation, meteorological, hydrological forecasting;
d) monitoring centres and environmental analysis;
DD) laboratories in key business units;
e) The geological Union;
g) The management of natural protected areas, national parks;
h) The Conservation Centre and the development of genetic resources, animal breeds, rare plants;
I) The Center for clean water and sanitation, rural municipality;
k) The business units to other public functions to provide public services on the protection of the environment.
2.2. The functions, duties, powers and organization of the business units perform public services on the protection of the environment as defined in section 2 of part III of this circular performed as defined in the normative legal specialization and the decision of the Agency the competent units.
2.3. The public service mission of environmental protection are self-reliance is responsible under the provisions of the law; Vietnam environmental protection fund and the environmental protection fund of the Ministry of industry, local priorities, credit, financing for the implementation of the public service on the protection of the environment.
2.4. Encouraging public service career unit performs the tasks of environmental protection proceed with technical help, provides free information for organizations, individuals, community residents to oversee the review, social monitoring for the program, project, activity content projects related to environmental factors and protection sustainable development. 
IV. IMPLEMENTATION 1. Chairman of the provincial people's Committee, central cities are responsible for directing the Department of natural resources and the environment in collaboration with the Department of the interior construction of the project established for environmental protection on the basis of the reorganized security environment (or expert on the protection of the environment) and the business units serving the State or managed service providers the existing environmental protection Department under the guidance of this circular.
2. This circular have effect after 15 days from the date The report. In the process, if there are difficulties and obstacles, the proposal reflects on local Ministry of natural resources and environment and the Ministry of the Interior to study the resolution.