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Circular 17/2016/tt-Bnnptnt: Guidelines For The Management Of Environmental Protection Task Of The Ministry Of Agriculture And Rural Development

Original Language Title: Thông tư 17/2016/TT-BNNPTNT: Hướng dẫn quản lý các nhiệm vụ bảo vệ môi trường thuộc Bộ Nông nghiệp và PTNT

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CIRCULAR guide mission management and the Environmental Protection Department in the Ministry of agriculture and rural development.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on environmental protection on June 23, 2014;
Pursuant to the law on State budget on June 25, 2015;
Pursuant to Decree No. 199/2013/ND-CP on November 26, 2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
At the suggestion of the Director of the science, technology and the environment;
The Minister of agriculture and rural development issued circulars to manage the tasks of Environment Protection Department of the Ministry of agriculture and rural development.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular guides the management of environmental protection tasks using the State budget by the Ministry of agriculture and rural development management (hereinafter referred to as the task of the environment).
2. This circular apply to organizations and individuals involved in the management; the task of environmental protection are the responsibility of management of the Ministry of agriculture and rural development (hereinafter abbreviated as Sets).
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the management authority of environmental tasks is The responsibility to manage the environmental mission: science, technology and the environment; the General Directorate of forestry, aquaculture, irrigation.
2. Selection is the selection of the Organization, the individual has sufficient capacity, condition and appropriate expertise to undertake the task of the environment according to the order of the Ministry.
3. direct Communication is the organisation, qualified personal, professional and consistent conditions to perform the task of the environment according to the order of the Ministry.
Chapter II SPECIFIC PROVISIONS Category i. DETERMINE the CATEGORY of ENVIRONMENTAL TASKS article 3. The proposed base environmental mission 1. Strategies, programs, plans, schemes of environmental protection of the State and of the Ministry.
2. Ask about environmental protection practices in the field by the management.
3. The request of the party leader, State; Ministry leaders.
Article 4. The construction and approval of the list of environmental tasks 1. Organizations and individuals submitted directly or by post to propose environmental task form B1. PĐX-NVMT attached to this circular to the Ministry (through science, technology and environment) before March of the year before the year of the plan.
2. Science, technology and the environment has the responsibility: a) General category suggest the task environment of the Organization, individuals within 5 working days;
b) process of The establishment of the Advisory Council defined environmental task category within 5 working days.
Advisory Board determines the category environmental mission has 9 members. The structure of the Council include: environmental experts; members of the State administration, organization of production-doanhvà other relevant organizations or the beneficiary is expected results environmental mission.
Session of the Council must be present at least 2/3 of the members of the Council, which must be the Chair or the Vice Chair be authorized President.
The Council has the responsibility to determine the category of environmental tasks and proposed method of implementing a selection or direct interface.
c) within 5 working days from the date of the meeting results, Advisory Board, The review and approval process of the category and the method of implementation of environmental tasks in planning and responsible to the Minister about the proposed listing.
Article 5. Notice the list of environmental tasks 1. With regard to environmental tasks done in forms of selection: (science, technology and environment) publicized on the Ministry's electronic portal.
2. for the duties the environment made in the form of direct communication: (science, technology and environment) publicized on the electronic portal of the Ministry and reported in writing to the organization is The direct interface.
3. The time of publication, notification: within 5 working days from the date of listing of approved environmental mission.
Section II. SELECTION, DIRECT DELIVERY ORGANIZATIONS and INDIVIDUALS CHAIRED the TASK ENVIRONMENT article 6. Eligibility selection, direct communication 1. The organizations involved in the recruitment or registration are delivered directly chaired the task when the environment meets the following conditions: a) Having legal personality;
b) Have active functions match the areas of expertise of the mission environment.
2. Personally chaired the mission should meet the following requirements: a) the University level, there are professional and are active in the field of environment protection in the three years up to the time of filing;
b) can afford to directly implement or implementation and ensuring enough time to perform the task of presiding over the environment;
c) isn't in one of the following cases: do not join the register selection, direct delivery during 2 years if filing acceptance rating task order environment is slow compared to the end of the contract period on 30 November.
Is not involved in the recruitment registration, direct delivery during 2 years if the environmental assessment mission experience at a level "not reached" since the time of the conclusion of the Board reviews level.
Article 7. Join profile selection, direct communication 1. Join profile selection, direct delivery include: a Single sign) chaired the task environment form B2. ĐĐK-NVMT attached herewith;
b) presentation of environmental tasks form B3. TM-NVMT attached to this circular.
2. The records are sent directly or via post on the science, technology and the environment, including: one (1) set the original record (marked and signed directly) and nine (9) copies of records sets are packaged in bags are sealed and records outside the State: the name of the task; name, address of the registered host unit duties; full name of the individual presiding; full name, unit of the participants; the list of documents contained in the profile.
Article 8. Open and check to confirm the validity of the records involved selection, direct communication 1. Within 10 working days from the date of the end of the time limit for filing involved selection, direct communication, science, technology and environment to conduct open, examine and confirm the validity of the profile with the participation of representative organizations, individuals register selection , direct delivery (if needed).
2. Documents to take into consideration, as records to meet in full the provisions of article 6 and article 7 of this circular.
3. open the profile results are recorded into the minutes form B4. BBMHS-NVMT attached to this circular.
Article 9. Selection Advisory Board, direct communication 1. Ministers decided to set up the Advisory Board to a selection, direct delivery of environmental tasks.
2. the Advisory Council component selection, direct communication.
From 07 to 09 Council members include: President, Vice President, two members are trustees and other members. The members include representatives of State management bodies and related professionals have relevant expertise and knowledge of the content implementation. Individuals involved in selection, direct delivery not be Board members.
3. The method of work of the Advisory Council, delivered a direct selection) session of the Council must be present at least 2/3 of the members of the Council, which must be the Chair or the Vice President, the Commissioners review.

b) Chairman chaired the session of the Council. In case of absence of the Chairman, the Vice Chairman of the Council chaired the session.
c) documents, the selection board meeting directly: the vote registration review selection, delivered directly to environmental tasks form B5. PNX-NVMT votes, reviews the registration profile selection, delivered directly to environmental tasks form B6. PĐG-NVMT, selection board meeting minutes, delivered directly to environmental tasks under model B7. BBH-NVMT and tally form B7a. BBKP-NVMT attached to this circular.
d) selection board, direct delivery reviews profile presentation score 100. The Organization, the individual is proposed assemblies chaired the task environment is organization, personal records are rated with the highest average points total and have a total score of these criteria must reach a minimum of 70/100, in which no objective criteria would be too 1/3 of the Board members are present for no points (0 points).
 
The Board discussed unity recommendations: the need for additional, modified presentation in the task environment; the main products with the technical-economic norms respectively to reach; funding for the implementation of the task environment; the points to note to the Organization, the individual presiding made perfect records.
Article 10. Notice of organization, presentation complete personal Service of science, technology and environment general meeting results of the recruitment Advisory Council, delivered directly and inform organizations and individuals, chaired the perfect demonstration of environmental tasks. During 10 working days from the date of the notice, the Organization, the individual presiding over the mission is responsible for sending the demonstration task completion on the environment (science, technology and environment) to make the appraisal the content, funding.
Article 11. Content evaluation, approval and funding of environmental tasks 1. Science, technology and the Environment Ministers decided to establish the authority of the content, the cost of the environment. Evaluation Board composed of representatives of the science, technology and environment, Financial Services, representative selection Advisory Council, delivered direct. The Chairman of the authority is the head of the science, technology and the environment, the Vice Chairman of the Authority's Financial Services leader. Authority created a content evaluation, environmental cost under model B8. BBTĐ-NVMT attached to this circular.
2. On the basis of the results of the Board evaluation content and funding, science, technology and the Environment Ministers approved the list and cost of performing the task environment (including: environmental task name; organization and individual host; target; expected results; duration; total cost and annual expenditure).
3. Organize and personally chaired the environmental mission is responsible for the perfect presentation of environmental duties within 30 days (from the date of the decision to approve the list and funding environmental missions) and send the authorities the task of the environment for approval.
4. The governing body environmental mission coordinated with the related unit approved demonstration environment task: a) science, technology and the environment and approved financial presentation by Ministry of environment Task Manager directly;
b) The General Department for approval of demonstration environment task is assigned.
c) Agency chaired the environmental approval task demonstration every year on the basis of demonstration of environmental task has been approved.
Article 12. The contract made the task of the environment 1. With regard to the Organization, not the individual unit in estimation and Ministry: governing body environmental mission coordinated with the relevant unit contracted environmental missions under model B9. The GOOD-NVMT attached to this circular.
2. for the Organization, the individual is the unit of estimation in and directly: not signed, making the task of the environment pursuant to the decision of approval categories and cost environment.
Section III. The REPORT, examining, evaluating TESTING article 13. The report, check, adjust the implementation task of the environment 1. Six month or extraordinary individuals, organizations, chaired the environmental mission report in writing the implementation task of the environment sent on mission management agency environment. Periodic reports form the implementation task of the environment form B10. BCĐK-NVMT attached to this circular.
2. Mission administration environment, in collaboration with the unit involved, the expert advice (if needed) the organization periodically check the implementation of the environmental mission at least once every year, not to mention unscheduled inspections. Sample documents examine periodically the implementation task of the environment under model B11. BBKT-NVMT attached to this circular.
For the tasks assigned by the General Department of environmental management, inspection group ingredients must be representative of the science, technology and the environment.
3. When there is additional content, change the task environment, organization of environmental duties must have written the agency reports environmental task management to consider The content approval process adjustments. The organization chaired the task only made the adjustment proposal content when the Ministry agreed in writing.
Article 14. Reviews, test results of environmental tasks 1. Self assessment results of environmental mission organization mission environment reviews the results of environmental tasks before submission reviews, trials for the Unit Manager and the responsible Minister on the results of self-assessment.
Self assessment results are aggregated and reported under model B12. BCTĐG-NVMT attached to this circular.
2. Reviews trials a) environmental mission after completion of assessed level.
b) with respect to the task of the environment in which the product is issued as the report serve to build the legal text, the national technical standards and criteria, service activities for the management of the environmental state of the (inspection, testing, conferences seminars, training, training, advocacy), the Organization of the Council not collecting, but organizations must report the results of products attached to the deployment task to confirm the Administration completed. Writing samples to confirm the completion of environmental tasks are prescribed form B13. XNCV-NVMT attached to this circular.
3. Profile reviews level Sets include: a) The suggested testing of environmental tasks;
b) report self-assessment results the task environment;
c) annual report (under model B14. BCTK-NVMT);
d) The product of the mission.
4. The number, the time limit for filing and the time trials held chaired the environmental mission filed 10 record (1 original and 10 copies) to the governing body the task of the environment within 30 days of the end of the time limit for performing environmental duties by decision approved the list and funding environmental mission , or text adjust extension (if any).
Time level Sets are completed in a maximum period of 30 days from the day the mission Agency of the environment received a valid profile.
5. The Council reviews, level Sets

The Minister decided to form the Council of trials "reviews the environmental mission. The composition of the Council reviews, level Sets as defined in paragraph 2, article 9 of this circular.
6. the working methods of the Council reviews, collecting a) session of the Council must be present at least 2/3 of the members of the Council, which must be the Chair or the Vice President, the Commissioners and the Secretariat.
b) Chairman chaired the session of the Council. In case of absence of the Chairman, the Vice Chairman of the Council chaired the session.
c) documents The level assessment include: comment votes results environmentally mission form B15. PNXNT-NVMT, votes collecting reviews of environmental tasks under model B16. PĐGNT-NVMT Board meeting minutes, collecting environmental mission under model B17. BBNT-NVMT and tally the environmental mission test according BBKP B17a form.-NVMT attached to this circular.
d) Board reviews level the Ministry reviews the results of environmental tasks according to one of two levels of "Reach" or "not reached".
Article 15. Liquidation of the contract and confirmed complete tasks 1. With regard to environmental tasks the Council reviews level the Ministry reviews the level of "Hit", during the 30 days, chaired the task must complete task profile according to the opinions of the Council, submitted the agency manages the task environment and the Center for Informatics and statistics of the Ministry. A record includes: annual report and summary of the results of the task environment, the product of the Mission (a paper and electronic versions).
2. Mission administration environment hosted, in cooperation with the relevant units in the liquidation of contract or confirmation of completion of the task environment. Implementation modalities such as the following: a) for environmental duties, contract management agency of missions under liquidation environment model B18. TLHĐ-NVMT attached to this circular.
b) for environmental tasks not contracted, the Governing Body confirmed the environmental task completion form B13. XNCV-NVMT attached to this circular.
Chapter III IMPLEMENTATION article 16. The responsibilities of the unit in The 1. Science, technology and environment, chaired the Guide, check the implementation of this circular.
2. The General Department, Bureau, Office, Service and related units, according to the function, the task of coordination with the science, technology and the environment implementation of this circular.
Article 17. The proposed transitional rules and environmental mission profile was mission agency receiving environment before the date this circular have the effect was further considered resolved as specified in circular No. 55/2013/TT-BNNPTNT December 2013 of the Ministry of agriculture and rural development guidelines to manage the tasks of environmental protection of the Ministry of agriculture industry and rural development.
Article 18. Effect 1. This circular effect since August 10, 2016. This circular replaces circular No. 55/2013/TT-BNNPTNT December 2013 of the Ministry of agriculture and rural development guidelines to manage the tasks of Environment Protection Department of the Ministry of agriculture and rural development.
2. The duty to protect the environment using other funding sources not yet have guidelines, then consider using the appropriate content specified in this circular.
3. in the implementation process if there are obstacles, the Agency, reflecting the unit promptly in writing to the Ministry of agriculture and rural development (through science, technology and environment) to consider and resolve.