The DECISION of the MINISTER of BỘKHOA LEARNING, technology and the ENVIRONMENT on environmental protection regulation côngnghiệp the MINISTER of science, CÔNGNGHỆ and the ENVIRONMENT Environmental Protection Act base on 27 December 1993;
The base directive no. 36/CT-TW on 25 June 1998 by the Ministry of Chínhtrị on strengthening environmental protection in the era of industrialization, modernization of the country;
Pursuant to Decree No. 175/CP dated 18 October 1994 phủvề their Own law enforcement Guide to environmental protection;
Pursuant to Decree No. 22/CP on May 22, 1993 of the Government of vềnhiệm service, powers and organization of the Ministry of science, technology and the environment;
Pursuant to Decree No. 36/CP dated 24 April 1997 of vềban Government regulations of industrial zones, export processing zones, high-tech zones;
At the suggestion of Director of Department of the environment, the decision: 1. the attached to this decision the environmental protection regulations.
Article 2 this decision has the effect after 15 days from the date of signing.
Article 3.-State management agencies on the protection of the environment; the management of côngnghiệp area, the infrastructure development corporation industrial parks, export processing zones, the high côngnghệ; the production base, business activity in the industrial vàdoanh industrial enterprises and related agencies responsible for competition hànhQuyết this./.
REGULATION of ENVIRONMENTAL PROTECTION INDUSTRIAL AREA (attached to địnhsố Resolution 62/2002/QD-BVHTT on 9/8/2002 of the Minister of science, technology and environment) chapter I GENERAL PROVISIONS article 1 BUT. this regulation regulates the uniform management of environmental protection industrial parks, export processing zones and high-tech khucông (hereinafter referred to as the industrial zone) in order to protect the environment quarters and around the industry.
Article 2 this Regulation applies to all organizations and individuals who Vietnam or nướcngoài when performing the deployment activities related to côngnghiệp in Vietnam to prevent and mitigate the negative impact on the environment, public health caused by the industrial zone.
Article 3 of this regulation, of the term "industrial", "chếxuất", "high-tech Zone, the industrial zone management board" cấptỉnh "," the company developed industrial infrastructure, "In the industrial park" is understood as defined in regulation côngnghiệp, export-processing Zones, hi-tech zone (attached to Decree No. 36/Cp on 24 April 1997 the Government issued regulation of industrial khuchế, export and high-tech zones). Other related terms are understood to thốngnhất as follows: 1. the environmental protection industrial area is the activity aimed at keeping the environment quarters and surrounding industrial parks are clean, improve the environment, prevent, remedy the adverse consequences caused by the operation of the industrial khucông caused to the environment;
2. industrial infrastructure including roads, water supply, cấpđiện, communications, public works, drainage and nướcthải focus handling, yards, depots, yards, trees, fences and lýchất solid waste disposal area (if available), the system of prevention and rescue incidents;
3. environmental monitoring is the observation of activities, sampling, measurement and analysis of cácthông of environmental norms, in order to determine the status of the environment in different từngthời and compare them to the Vietnamese environment standards;
4. other terms: environment, environment, waste, contaminants, pollution, degradation of environmental incidents, môitrường, environmental standards, environmental impact assessment, ecosystems, biological diversity is understood as similar in article 1 and article 2 củaLuật of environmental protection. The term "hazardous waste" is meant to theoquy defined in regulations of hazardous waste management attached to decision số155/1999/QD-TTg dated 16 July 1999 by the Prime Minister.
4. The organization of the management and operation of environmental protection industrial parks are tuânthủ the law on the protection of the environment of Vietnam covers from ánđến at project review stage of construction and during the operation of the côngnghiệp.
5. industrial management in collaboration with the provincial Department of science, technology and Môitrường pursuant to this regulation and the other legal texts on environmental bảovệ drafting and the provincial people's Committee/city of Central ươngtrực in the regulation issued specific guidelines on the protection of the environment in the industrial chocác the scope of his management implementation to ensure the antoàn of the environment inside and around industrial areas.
CHAPTER II the PROJECT REVIEW STAGE of INVESTMENT in the CONSTRUCTION of CÔNGNGHIỆP article 6.
Việcxem reviews options industrial placements are based on the master plan of đượcduyệt town/city in which that industry area and need to cácđiều conditions, environmental factors, to ensure the feasibility of environmental protection and ứngcứu incidents.
Article 7. Planning and technical industrial design must meet the following requirements: 1. industrial clusters are logical areas, ensuring the optimal contrast táclẫn of each other as well as minimize the ill effects to the surrounding environment;
2. Ensure the drainage network with separate sewer network côngnghiệp of the base members of the industrial park, the clues and nướcthải activities;
3. waste water treatment station trungvới technical design authority approval, ensuring the whole of the industrial waste lượngnước in giaiđoạn operation was handled reached the environmental standards allow before flushing waste into receiving sources respectively;
4. Have the hubs and/or temporary lưutrữ of industrial solid waste, hazardous waste with the kỹthuật design was approved by the authority;
5. incident response system environment (both on the media, technical and human resources), make sure the ready response when incidents occur in industrial areas;
6. the land set aside for the purpose of planting protective khôngthấp environment than the minimum level according to the current construction standards and must be reasonably phânbố along with the type of cultivar is suitable;
7. reserve area to open the rộngvà/or construction of additional treatment in the thảitập water treatment systems of industrial wastewater standards when throttled hơndo safety protection demands the quality of the water environment of the source receiver.
Article 8. Infrastructure Development Corporation industrial parks have the task of establishing assessment report tácđộng the environment for industrial investment project by the provisions hiệnhành the Ministry of science, technology and Environment trườngxem review.
Article 9. Case of cónhu bridge of groundwater extraction and/or surface water in place to provide for xuấtvà products in the industry, infrastructure development company phảilập industrial mining projects the Agency statutory review functions. The chấpthuận of the Agency allows the exploitation is grounds for the Ministry of science, technology and Environment trườngxem comment approval assessment report on the environmental impact of the industrial zone.
10. within 60 days of receiving the full profile assessment recommendation Báocáo the environmental impact assessment of investment projects in the construction industry, the Ministry of science, technology and Environment trườngsẽ to conduct evaluation and grant approval decision report reviews work of độngmôi school for the project if it deems eligible.
CHAPTER III STAGE Of CONSTRUCTION Of INDUSTRIAL INFRASTRUCTURE
Article 11. Infrastructure Development Corporation industrial parks are only allowed to proceed xâydựng construction works industrial infrastructure after the project was granted quyếtđịnh approval of the report on environmental impact assessment.
Article 12. Infrastructure Development Corporation industrial parks have the task done right the biệnpháp environmental protection during the construction of infrastructure in urban côngnghiệp have committed to in the report of environmental impact assessment has been phêchuẩn.
13. Pipe during the construction and operation of infrastructure, industrial zones, the owner and the contractor must submit to the inspection, testing and monitoring certain irregular kỳhoặc of the State administration of environmental protection, if vi phạmcác current rules shall be dealt with according to law.
CHAPTER IV REVIEW of the INVESTMENT PROJECT on article 14. INDUSTRIAL investment projects in industrial zones has not been granted the approval resolution cáođánh Press reviews environmental impact is viewed as a separate project in việcthực is currently responsible for environmental protection and the environmental procedures as environmental Bảovệ Law and Decree No. 175/CP of the Government Regulation.
Article 15 investment projects in industrial zones have been granted approval decision Report cáođánh reviews the environmental impacts should conduct registration of standard trườngcùng lips with the commitment to ensure environmental standards throughout the gianhoạt of the project the State administration of environmental protection theoquy in the current plan period for investment.
Article 16.-investment projects in the industrial area are consistent with the industry posting kýtrong report reviews the environmental impact has been the Ministry of science, technology vàMôi market approval.
Chapter V OPERATIONAL PHASE of an INDUSTRIAL article 17. Industrial parks are only formally put into operation when there are enough articles kiệnđảm environmental protection: 1. Has the detailed planning of industrial cluster subdivision;
2. There were electric and water supply system ensures the needs of use according to each đoạnphát period;
3. Has completed construction of drainage networks and sewerage;
4. waste water treatment station has concentrated waste discharge standards dealt vàonguồn receiving respectively;
5. Has locations and facilities required for Central chuyểnvà/or temporary storage of solid industrial waste, hazardous waste with điềukiện to ensure hygienic and safe for the environment;
6. Has the facilities and personnel available for the rescue of environmental issues.
Article 18. Department of science, technology and environment of the province/city in Central ươngcó industrial area according to the mission, their powers are responsible for reviewing, testing ensuring the conditions stated in article 17 of this regulation. In high mix of industrial zones located in the management of more than 1 province/thànhphố centrally, the Department of science, technology and the environment liênquan is responsible for coordinating the implementation of this task.
Article 19. In the course of industrial development, the investment pace of the planned ánvào industrial park, the company developed industrial infrastructure must forward the tụchoàn system of the infrastructure, especially the environmental infrastructure trườngvà must complete the entire this system when the industrial park was 70% of an tíchđất planning to be tapped and used.
Article 20. Each project please invest in industrial parks are only allowed officially entered the độngkhi processor and/or storage of wastes was built dựnghoàn adjust and meet the requirements of environmental protection according to the votes determined the nhậnBản register of environmental standards is the State agency about the confirmation field vệmôi.
Article 21. All industrial enterprises have activities of air pollutants must take control measures hiệncác and local processing right at the Vietnamese standard for effluents with industrial emissions before emission into the environment.
Article 22. Industrial Cácdoanh industrial activity caused the noise exceeds the chophép limit in the manufacture must take measures against noise stipulated standards.
Article 23. industrial enterprises have had wastewater concentration of the pollutants exceeds the củaCông company developed industrial infrastructure regulations to implement the disposal lýcục the standard of its wastewater permit before discharge into the lướithoát network of industrial waste water; wastewater treatment is prohibited by diluting or pháppha to seep into the ground.
Infrastructure development companies. industry specific regulations about waste lượngnước standards are allowed to discharge into the sewer network of industrial parks.
24. What company developed industrial infrastructure is responsible for collecting the entire nướcthải from industrial enterprises into the sewer network, lead tớitrạm waste water processing of industrial and process of reaching the goal before chuẩncho emissions outside the industrial zone.
Companies. develop industrial infrastructure is responsible for collecting and processing the entire nướcmưa flow overflow within the industrial area into the drainage network củakhu industry to avoid the phenomenon of attenuated and must handle chuẩncho gained permission before discharged outside industrial environment.
Article 25. Companies. develop industrial infrastructure is responsible for coordination with units cóchức organizational skills made collecting, transporting and processing the new trườngtất secure both the entire solid waste discharged from industrial enterprises. Việcphân type, solid waste temporary storage in each area the main nghiệpdo business enterprises in industrial zones follow the rules thểcủa industrial tools.
Article 26. Việcxử solid waste management of the industrial zone can progresses right inside hàngrào (if qualified industrial zone and be approved by the quanchức) or outside the fences of industrial zones through tráchnhiệm contracts between the company developed industrial infrastructure with the chuyêntrách Agency for solid waste disposal.
Article 27. Cácloại hazardous waste generated in the industrial zones to be collectors, lưutrữ, transport and handle engineering and ensured in accordance with the provisions of the current phápluật.
Article 28. industrial enterprises have products, storing and shipping the chấtphóng radiation, ionizing radiation sources, toxic substances, explosive substances phảituân according to the current rules of Vietnam.
Article 29. Việcxuất import of raw materials, toxic chemicals, microbial strains of cácdoanh industrial enterprises must comply with the current rules.
30. industrial enterprises have a responsibility to contribute funding for The infrastructure development typhát industrial investment building, collecting and disposal of waste lýchất in the contract agreement.
Article 31. When environmental problems occur, the company developed the infrastructure nghiệpcó in collaboration with the responsible management of provincial industrial triểnkhai urgently measures to rescue remedy and to immediately report to the committees/dântỉnh of the central cities aims to human movement phươngtiện, to quickly resolve the consequences in place and emergency notification to the competent cơquan to support, with the resolution.
32. The company developed industrial infrastructure is responsible for observation of lượngmôi substances inside the school and the area around the industrial park in the correct chươngtrình environmental monitoring that the company developed industrial infrastructure has camkết in the report environmental impact assessment about the location, frequency and the chỉtiêu need monitoring; 6 month recurring reports of environmental monitoring results trườnggửi Department of science, technology and the environment.
CHAPTER VI STATE MANAGEMENT of ENVIRONMENTAL PROTECTION with CÔNGNGHIỆP article 33. Ministry of science, technology and Environment trườngcó responsible for unifying the State management of environmental protection for the khucông industry on the territory of Vietnam; organizing, directing and inspect the hiệncác environmental protection activities of the industrial zone.
Trongphạm function, duty and authority, Ministry of science, technology and the Environment trườnggiao Environmental Bureau direct State management of environmental protection côngnghiệp, including the following: 1. Organize the evaluation Report cáođánh reviews the environmental impact of investment projects in the construction industry vàBáo environmental impact assessment report for the project into the côngnghiệp not have decided to approve the report of environmental impact assessment theophân assessment level in Decree No. 175/CP of October 18, 1994 by the Government and nhữngquy defined in the circular 490/1998/TT-BVHTT on April 29, 1998 of the Ministry of Khoahọc, technology and the environment of the Guide and evaluation tácđộng evaluation report for environmental investment projects and other related regulations;
2. Organization of the evaluation of the project to build sewage treatment plant concentrate, hubs, and hazardous waste landfills of the côngnghiệp;
3. Proposed adjusting the waste standard permit for industrial;
4. The organization directing the construction of báocáo annual status Vietnam industrial environment;
5. Directs, organizes the activity check, control, inspection of khucông industrial environment, resolving complaints, accusations related to môitrường protection of industrial zones and the decision to sanction the violation of environmental protection Quychế in the scope of the authority;
6. Do manage, provide technical support, information technology vàquản processing industrial environment;
7. Propose the reward the industrial implementation of môitrường protection;
8. In collaboration with the competent authorities: Xâydựng overall planning industrial development within the country phùhợp with the strategy of economic development-social and environmental protection;
Banhành preferential investment policies for environmental protection industrial parks;
Xemxét the priority occupations calling for investment in industrial parks.
34. The Department of science, technology and environment, responsible to the provincial people's Committee, the central cities of the tácquản on the environmental protection industry, at the same time bear the direct BộKhoa chỉđạo school, Côngnghệ and professional environment, macro policies, conducted nộidung state management of environmental protection industrial parks as the following: 1. Directing and inspect the implementation of the regulation on environmental protection côngnghiệp stated in this regulation and the provisions of other laws on the protection of môitrường;
2. Organization of the review of the level of votes xácnhận A sign of environmental standards and evaluation tácđộng evaluation report for the environmental investment projects in industrial parks by cấpthẩm defined in Decree No. 175/CP of the Government and the provisions of tưsố Pine 490/1998/TT-BVHTT of the Khoahọc , Technology and the environment;
3. Monitor the implementation of environmental protection measures of triểnhạ industrial floors and industrial enterprises in the period of xâydựng industrial zone infrastructure and throughout the operational phase of the khucông businesses;
4. In collaboration with the Central and local bodies performing inspection, kiểmsoát, Inspector of the industrial environment, handle the Quychế violations of environmental protection industrial area within the assigned powers;
5. Reception and settle the disputes, complaints and accusations about environmental protection industrial trườngkhu in the jurisdiction are delivered or shipped to the quancó authority to handle.
6. Propose the rewarded the audience had many achievements in the task of environmental protection hiệntrách and the effort in the struggle to protect the industrial trườngkhu.
Article 35.-level industrial zone management committee the responsibility to: 1. Set the forecast of the environmental industry, build phòngchống plans and measures to resolve the province's people's Committee/thànhphố centrally approved;
2. Cooperation with the Department of science, technology and the built environment and issued the vănbản guide the collection, transportation, solid waste, dangerous waste hạicho in industrial zones management;
3. Steer, guide and urge the industrial zone in its management rights to the UK to perform environmental protection industrial parks.
36. The company developed industrial infrastructure has the task of monitoring, testing, giámsát the implementation of the responsibility to protect the environment of the business côngnghiệp area and timely reports to management-level industrial tỉnhvà Environment Department of science, technology and the environment about the violation of industrial cácdoanh industrial area to handle.
Article 37. The people's Committee in Central phốtrực province was affected in terms of the environment due to the operation of the côngnghiệp zone in other localities, have the right and the responsibility to the consider chứcnăng agencies to solve the environmental pollution problem discovered was on his local pollution problems that were identified or cókhả is due to the influence of the local industrial zone the other.
CHAPTER VII ENVIRONMENTAL REPORT MODE article 38. industrial enterprises in operation if the change of scale, technology xuấthoặc technology of waste must report to the Department of science, technology and Môitrường, management of provincial industrial zone, the company khucông industrial infrastructure development where themselves directly to be considered , comments and additional sungvề testing environment.
Article 39. industrial enterprises have a responsibility to report periodically on their campus school trạngmôi currently for management of provincial industrial and Khoahọc Facility, technology and the environment, and the legal responsibility of liệubáo statements. The time limit is six months report.
Article 40. Infrastructure Development Corporation industrial parks is responsible for the periodic report mỗinăm about the current state of the environment, the implementation of môitrường protection and the reception situation and activities of the investment project on his côngnghiệp area with brief description of business lines scale capacity, tổnglượng and concentration of the type of waste, waste treatment measures for Khoahọc Facility, technology and environment and the management of province-level industrial zone.
CHAPTER VIII INSPECTION REGIMES, ENVIRONMENTAL INSPECTOR CÔNGNGHIỆP AREAS Article 41. State Management Agency about the vệmôi field in the scope of their responsibility and authority to perform polygraph, periodic or irregular inspection for production activities, the company conscientiously developed industrial infrastructure and the business côngnghiệp area.
Article 42.-level industrial zone management committee the responsibility to coordinate with môitrường Inspector of the Ministry of science, technology and Environment trườngvà, or of the Department of science, technology and environment, perform inspection in the field tramôi in the local industrial zone.
Article 43. infrastructure development companies and industrial enterprises the nghiệpcó responsibility to create favorable conditions, provide sufficient information, your liệucần for the check, the Inspector of the work environment.
Article 44. environmental inspection results are sent to the object being inspected to làmcơ Department for the remedy of the violation (if any), and also sent to cáccơ State administration of environment protection, local authorities to do the cơsở track, direction resolution.
Article 45. infrastructure development companies and industrial enterprises the active nghiệpcó violate regulations of environmental protection industrial parks are nghiêmchỉnh to fulfill the requirement of the Inspector within the time specified.
CHAPTER IX REWARDED and HANDLE CASES of VIOLATING the REGULATIONS on ENVIRONMENTAL PROTECTION INDUSTRIAL-article 46. When there are problems detected by the field nhiễmmôi box industrial activity caused, the State administration of environmental bảovệ will coordinate with the management of the provincial industrial and cáccơ agencies conducting the investigation determined the polluting object the environment.
Article 47. infrastructure development companies and industrial enterprises nghiệpvi parks violates regulations of environment protection sanctioned industrial bảovệ administrative environment according to Decree No. 26/CP dated 26/4/1996 of the Government and the legal vănbản of the State of Vietnam.
Article 48. Infrastructure Development Corporation industrial parks, industrial enterprises cốtình hinders the work of monitoring, testing, inspection of the environment will be lậpbiên a submitted to the provincial people's Committee/city/or centrally vàBộ of science and technology, trườngđể has decided to handle.
Article 49.-designated deadline the company developed industrial infrastructure and the industrial zones in violation of environmental protection regulations make the love cầutrong the minutes maximum sanction is 3 months. If the expiry of 3 months that this đơnvị is still not fully implemented the requirements in the minutes were trướcsẽ times sanctions established thereon authority recommended decision to suspend the unAmerican activities violated environmental protection regulations until full implementation and đúngtheo requirements of the Corps of inspectors.
Article 50. organizations and individuals have the right to khiếunại, to report to the State Agency on environment protection and the quanliên about the violation of environmental protection regulations. The Agency received a complaint, tốcáo has the responsibility to consider and resolve as prescribed by law.
Article 51. Organizations and individuals active in the industrial zone trongcông good achievements in environmental protection will be the proposal rewards in corresponding levels according the current rewards độkhen invention.
CHAPTER X TERMS Enacted 52. this regulation grass effect after 15 days from the date of signing. All trướcđây regulations contrary to these rules are repealed.
Article 53. The people's Committee of Central trựcthuộc city, the function body, the State administration of môitrường protection, management of provincial industrial zone, the company khucông industrial infrastructure development, industrial enterprises are responsible for implementing Rules./chếnày.
