CIRCULAR

ELABORATING SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 40/2019/ND-CP DATED MAY 13, 2019 ON AMENDMENTS TO DECREES ON GUIDELINES FOR THE LAW ON ENVIRONMENTAL PROTECTION AND PROVIDING FOR MANAGEMENT OF ENVIRONMENTAL MONITORING SERVICES

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 04, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government’s Decree No. 40/2019/ND-CP dated May 13, 2019 on amendments to Decrees on guidelines for the Law on Environmental Protection;

Pursuant to the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 on amendments and supplements to a number of Articles of Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of Articles of the Law on Products and Goods Quality;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated July 11, 2016 prescribing conditions for provision of conformity assessment services;

Pursuant to the Government’s Decree No. 38/2015/ND-CP dated April 24, 2015 on management of waste and discarded materials;

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Pursuant to the Government’s Decree No. 18/2015/ND-CP dated February 14, 2015 on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plans;

Pursuant to the Government’s Decree No. 127/2014/ND-CP dated December 31, 2014 on conditions to be satisfied by environmental monitoring service providers;

At the request of the Director General of the Vietnam Environment Administration and the Director of the Department of Legal Affairs,

The Minister of Natural Resources and Environment hereby promulgates a Circular to elaborate some Articles of the Government’s Decree No. 40/2019/ND-CP dated May 13, 2019 on amendments to Decrees on guidelines for the Law on Environmental Protection and provide for management of environmental monitoring services,

Chapter I

GENERAL

Scope 1. Scope and regulated entities

1. This Circular elaborates the Government’s Decree No. 40/2019/ND-CP dated May 13, 2019 on amendments to Decrees on guidelines for the Law on Environmental Protection (hereinafter referred to as “the Decree No. 40/2019/ND-CP”) and provides for management of environmental monitoring services.

Clause 2a Article 12 of the Decree No. 18/2015/ND-CP amended by Clause 4 Article 1 of the Decree No. 40/2019/ND-CP; Point a Clause 4 Article 14 of the Decree No. 18/2015/ND-CP amended by Clause 5 Article 1 of the Decree No. 40/2019/ND-CP; Point b Clause 4 Article 16b of the Decree No. 8/2015/ND-CP amended by Clause 9 Article 1 of the Decree No. 40/2019/ND-CP; Point b Clause 5 Article 17 of the Decree No. 18/2015/ND-CP amended by Clause 10 Article 1 of the Decree No. 40/2019/ND-CP; Point a Clause 1 Article 14b of the Decree No. 19/2015/ND-CP amended by Clause 13 Article 2 of the Decree No. 40/2019/ND-CP; Clause 4 Article 44 of the Decree No. 19/2015/ND-CP amended by Clause 23 Article 2 of the Decree No. 40/2019/ND-CP; Clause 3 Article 23 of the Decree No. 38/2015/ND-CP amended by Clause 10 Article 3 of the Decree No. 40/2019/ND-CP; Clause 10 Article 56b of the Decree No. 38/2015/ND-CP amended by Clause 30 Article 3 of the Decree No. 40/2019/ND-CP; Clause 3 Article 59 of the Decree No. 38/2015/ND-CP amended by Clause 33 Article 3 of the Decree No. 40/2019/ND-CP; Clause 2 Article 5 of the Decree No. 40/2019/ND-CP are elaborated. To be specific:

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b) Environmental improvement and remediation in mineral extraction;

c) Inspection and certification of completion of environmental protection works;

d) Eligibility requirements for environmental protection in import of scrap as production materials;

dd) Publishing of environmentally friendly products and services;

e) Criteria for selecting and appraising domestic solid waste treatment technologies;

g) Shutdown of domestic solid waste landfills;

h) Environmental quality management;

i) Management of environmental monitoring services;

k) Reporting of environmental protection.

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Article 2. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “domestic solid waste landfill” refers to an area designed and constructed to bury domestic solid waste in accordance with regulations of the Law on Environmental Protection and other relevant regulations of law.

2. “leachate” refers to wastewater generated from the collection, transport and treatment of domestic solid waste.

3. “gas from domestic solid waste landfill” refers to a mixture of gases generated from a domestic solid waste landfill due to the natural decomposition of domestic solid waste.

4. “buffer zone” refers to the area surrounding a domestic solid waste landfill and is intended for preventing and reducing negative impacts of the landfill on socio-economic activities.

5. “liner” refers to a layer of materials spread on the entire area of the bottom and surrounding walls of a domestic solid waste landfill cell in order to prevent leachate migration into the aquifer.

6. “cover layer” refers to a layer of materials covered on the entire domestic solid waste landfill during its operation and upon its shutdown so as to prevent and reduce impacts of the landfill cells on surrounding environment and external impacts on the landfill cells.

7. “gas collection system of domestic solid waste landfill” refers to a system of works and equipment serving collection of gases from a domestic solid waste landfill to prevent and reduce air pollution, fire risk and greenhouse gas emissions.

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9. “Vietnam Green Label certified product/service” refers to a product or service which is generated from raw environmentally friendly materials and materials for the purposes of ensuring environmental safety and human health and minimizing negative effects on the environment during its use and which satisfies the criteria laid down by the Ministry of Natural Resources and Environment.

10. “wastewater treatment stage” refers to part of the wastewater treatment process designed to effectively remove and reduce pollutants (pollution parameters). A wastewater treatment work includes one or more treatment stages (explained and described in the design documentation, such as composite equipment and works; or flotation - sedimentation stage, anaerobic tank, aerobic tank, anoxic tank, physicochemical tank, filter tank, disinfection tank, waste stabilization pond).

11. “treatment stage of a dust/gas treatment work” refers to part of the dust/gas treatment process designed to effectively remove and reduce pollutants (pollution parameters). A dust/gas treatment work or equipment includes one or more treatment stages (explained and described in the design documentation, such as composite equipment and works; completely built-up or synchronous treatment equipment; or equipment serving treatment of dust, SOx, NOx, adsorption equipment, absorption equipment and other treatment equipment).

Chapter II

STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT, ENVIRONMENTAL PROTECTION PLANS AND ENVIRONMENTAL IMPROVEMENT AND REMEDIATION IN MINERAL EXTRACTION

Article 3. Forms used in appraisal of strategic environmental assessment reports

1. Format and contents of a strategic environmental assessment report are provided in the Form No. 01a Appendix I hereof.

2. The decision to establish a strategic environmental assessment report appraisal council is provided in the Form No. 02a Appendix I hereof.

3. Evaluation report of a member of the strategic environmental assessment report appraisal council is provided in the Form No. 03 Appendix I hereof; an appraisal form of a member of the strategic environmental assessment report appraisal council is provided in the Form No. 07 Appendix I hereof; minutes of council meeting is provided in the Form No. 09 Appendix I hereof; a notification of appraisal results is provided in the Form No. 01b Appendix I hereof.

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1. Format and contents of an environmental impact assessment report are provided in the Form No. 04 Appendix I hereof.

2. An environmental impact assessment report approved by the council shall be appraised by using the following:

a) The decision to establish an environmental impact assessment report appraisal council which is provided in the Form No. 02a Appendix I hereof;

b) An evaluation report of a member of the environmental impact assessment report appraisal council which is provided in the Form No. 06 Appendix I hereof;

c) An appraisal form of a member of the environmental impact assessment report appraisal council which is provided in the Form No. 07 Appendix I hereof;

d) A notification of appraisal results which is provided in the Form No. 08 Appendix I hereof.

3. An environmental impact assessment report shall be appraised by sending enquiries:

a) The appraising authority or authorized standing appraising authority shall send enquiries to organizations or scientific experts/officials (hereinafter referred to as "experts") according to the Form No. 02b Appendix I hereof;

b) The enquired organizations and experts shall respond in writing within 07 working days from the date of receiving the enquiry and enclose an evaluation report specified in the Form No. 06a Appendix I hereof;

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4. A project may apply the best available techniques and the best environmental management practices if at least one of the following criteria is satisfied:

a) Criteria laid down by the Organization for Economic Co-operation and Development (OECD);

b) Criteria laid down by the European Integrated Pollution Prevention and Control Bureau (EIPPCB) affiliated to the European Commission (EC).

5. Environmental changes to projects shall be approved during their execution as follows:

a) The standing authority appraising the environmental impact assessment report shall decide the list of experts among the ones that have joined the appraisal council or enquired experts upon appraisal of the environmental impact assessment report; where necessary, send enquiries to experts with suitable qualifications. The enquiry is provided in the Form No. 02b Appendix I hereof;

b) The decision to approve adjustments to the decision to approve the environmental impact assessment report is provided in the Form No. 02c Appendix I hereof;

c) Regarding changes other than those specified in Article 15 and Clause 4 Article 16 of the Decree No. 18/2015/ND-CP amended by Clause 6 and Clause 7 Article 1 of the Decree No. 40/2019/ND-CP, the project owner shall consider and decide such changes themselves, take legal responsibility and specify them in the application for inspection/certification of completion of environmental protection works.

6. The facilities, industrial parks or projects that have been put into operation have changes not specified in the ordinal number 105 Appendix II Section I in the Appendix enclosed with the Decree No. 40/2019/ND-CP, the owners of such facilities, industrial parks or projects shall decide themselves, are not required to notify the authority approving the environmental impact assessment report but shall take legal responsibility for their decision.

Article 5. Working principles of the strategic environmental assessment report appraisal council and responsibilities of the standing appraising authority

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2. The appraisal council shall work on the principle of public discussion between council members and between the council and the authority assigned to formulate strategies and planning by holding meetings.

3. A meeting of the appraisal council shall satisfy the following conditions:

a) At least two-thirds of council members attend the meeting in person or online, among which the president or the deputy president authorized by the chair (hereinafter referred to as “the meeting chair”), secretary and at least 01 critic are required;

b) The authorized representative of the authority assigned to formulate strategies and planning attends the meeting.

4. The absent council members may provide their evaluation reports in advance, which are considered opinions of members who are present at the meeting but are not allowed to vote.

5. Delegates attending meetings of the appraisal council shall be decided by the standing appraising authority if necessary. The delegates may express their opinions in meetings, be under the direction of the meeting chair and receive remuneration as prescribed by law.

6. A consultation with the Department of Natural Resources and Environment of the province directly related to environmental issues of the strategy or planning is held in the absence of representative from the appraisal council:

a) The standing appraising authority shall send the strategic environmental assessment report to the provincial Department of Natural Resources and Environment to collect opinions;

b) The enquired provincial Department of Natural Resources and Environment shall send its opinions in writing at the request of the standing appraising authority within 05 working days from the date of receiving the enquiry. By the aforementioned deadline, if the provincial Department of Natural Resources and Environment fails to respond in writing, it deems that the provincial Department of Natural Resources and Environment has agreed and must assume responsibility for the enquired contents related to the tasks and functions of state management of environmental protection within the province;

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7. Secretary of the appraisal council must be an official of the standing appraising authority. President or deputy president and secretary of the council shall sign the minutes of meeting according to the Form No. 09 Appendix I hereof.

8. Council members and enquired authorities shall be responsible to the appraising authority and the law for their evaluation of the strategic environmental assessment report.

9. Rules for giving appraisal results:

a) Approval without any revision: if all council members participating in the meeting vote for approval without any revision;

b) Disapproval: if more than one-third of participated council members votes for disapproval;

c) Approval with revisions: other than the cases specified in Points a and b of this Clause.

10. The standing appraising authority shall submit the decision to establish a strategic environmental assessment report appraisal council; documents and notifications of appraisal results to the head of the appraising authority.

Article 6. Working principles of the environmental impact assessment report appraisal council

1. The environmental impact assessment report appraisal council (hereinafter referred to as “the appraisal council”) shall provide counseling for the head of an appraising authority; be responsible to the appraising authority and the law for its appraisal results.

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3. An official meeting of the appraisal council shall be only conducted if the following conditions are satisfied:

a) At least two-thirds of council members attend the meeting in person or online, among which the president or the deputy president authorized by the chair (hereinafter referred to as “the meeting chair”), secretary and at least 01 critic are required;

b) The authorized representative of the project owner attends the meeting;

c) The fee for appraising the environmental impact assessment report has been paid as prescribed by law.

4. The absent council members may provide their evaluation reports in advance, which are considered opinions of members who are present at the meeting but are not allowed to vote.

5. Delegates attending meetings of the appraisal council shall be decided by the standing appraising authority if necessary. The delegates may express their opinions in meetings, be under the direction of the meeting chair and receive remuneration as prescribed by law.

6. A consultation with the Department of Natural Resources and Environment of the province directly related to environmental issues of the project is held in the absence of representative from the appraisal council established by the Ministry or ministerial agency:

a) The standing appraising authority shall send the environmental impact assessment report to the provincial Department of Natural Resources and Environment;

b) The enquired provincial Department of Natural Resources and Environment shall send its opinions in writing at the request of the standing appraising authority within 05 working days from the date of receiving the enquiry. By the aforementioned deadline, if the provincial Department of Natural Resources and Environment fails to respond in writing, it deems that the provincial Department of Natural Resources and Environment has agreed and must assume responsibility for the enquired contents related to the tasks and functions of state management of environmental protection within the province;

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7. Secretary of the appraisal council must be an official of the standing appraising authority. President or deputy president and secretary of the council shall sign the minutes of meeting according to the Form No. 09 Appendix I hereof.

8. Council members and enquired authorities and experts shall be responsible to the appraising authority and the law for their evaluation of the environmental impact assessment report and tasks assigned by the council's president during the appraisal; are entitled to receive remuneration as prescribed.

9. Rules for giving appraisal results:

a) Approval without any revision: if all council members participating in the meeting vote for approval without any revision;

b) Disapproval: if more than one-third of participated council members votes for disapproval;

c) Approval with revisions: other than the cases specified in Points a and b of this Clause.

Article 7. Organizing appraisal of environmental impact assessment reports by sending enquiries to relevant organizations and experts

1. If the environmental impact assessment report is re-prepared:

a) The enquired organizations shall be the those whose representatives have joined the environmental impact assessment report appraisal council, where necessary, enquiries may be sent to other organizations related to the project to be appraised, but the total number of organizations shall not exceed 04;

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2. If the project located in an industrial park is subject to appraisal of the environmental impact assessment report by sending enquiries to relevant organizations and experts:

a) Regarding the project whose environmental impact assessment report is appraised by the Ministry or ministerial agencies, the number of enquired organizations and experts shall not exceed 07, including: provincial Department of Natural Resources and Environment, Management Boards of provincial industrial parks, some ministries concerned, some organizations and experts with suitable qualifications;

b) Regarding the project whose environmental impact assessment report is appraised by the provincial People’s Committee, the number of enquired organizations and experts shall not exceed 07, including: provincial Department of Natural Resources and Environment, Management Boards of provincial industrial parks, district-level People’s Committees, some departments concerned, organizations and experts with suitable qualifications.

3. If the project applies the best available techniques and the best environmental management practices:

a) The enquired organizations are those related to the project to be appraised, but the total number shall not exceed 04;

b) The enquired experts must have suitable qualifications and the total number shall not exceed 03.

4. The appraising authority or authorized standing appraising authority shall send enquiries to the organizations and experts specified in Clauses 1, 2 and 3 of this Article after the decision to approve the list of enquired organizations and experts is obtained and the project owner has paid the appraisal fee as prescribed by law.

5. Within the time limit specified in Point a Clause 4 Article 14 of the Decree No. 18/2015/ND-CP amended by Clause 5 Article 1 of the Decree No. 40/2019/ND-CP, the enquired organizations and experts shall send their written opinions to the enquiring authority. By the aforementioned deadline, the enquired organizations and experts fails to respond in writing, it deems that they have agreed and must assume responsibility for the enquired contents related to their state management tasks and functions (if any).

6. Officials and leaders of the standing appraising authority shall sign the minutes of meeting according to the Form No. 02d Appendix I hereof.

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8. After the expiry of the time limit for sending enquiries, relevant organizations and experts, and standing appraising authority shall consolidate and specify proposed results in the appraisal record, which will be submitted to the head of the appraising authority for consideration. The appraisal result is given according to the following rules:

a) Approval without any revision: if all organizations and experts vote for approval without any revision;

b) Disapproval: if more than one-third of participated organizations and experts votes for disapproval;

c) Approval with revisions: other than the cases specified in Points a and b of this Clause.

Article 8. Responsibilities of the standing authority appraising environmental impact assessment reports

A standing authority appraising environmental impact assessment reports has the responsibility to:

1. Submit the following documents to the head for appraisal:

a) The decision to establish a environmental impact assessment report appraisal council and list of organizations and experts to obtain critical opinions if necessary as prescribed in Clause 3 Article 24 of the Law on Environmental Protection; documents and notifications of appraisal results;

b) The decision to approve the list of enquired organizations and experts in case of appraisal of the environmental impact assessment report appraisal council through enquiries and list of enquired organizations and experts to obtain critical opinions if necessary as prescribed in Clause 3 Article 24 of the Law on Environmental Protection; documents and notifications of appraisal results.

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3. Where necessary, form a team to carry out site survey of the area where the project will be executed. Make a record of site survey of the area where the project will be executed according to Form No. 05 Appendix I hereof.

4. During the appraisal, follow the instructions below if it is found that the project is inappropriate to continue to carry out appraisal:

a) If the project owner violates any regulation on environmental protection, make a record of administrative violation against regulations on environmental protection and transfer the record to the competent person as prescribed by law;

b) Request the appraising authority to return the environmental impact assessment report appraisal documentation to the project owner as prescribed by law; instruct the project owner to take the next steps in environmental protection as prescribed by law.

5. Consolidate results given by the appraisal council, appraisal results by seeking opinions and critical opinions of organizations and experts where necessary and notify the head of the appraising authority of appraisal results opinions within 05 working days after the appraisal is done. The notification of appraisal results shall be proposed in one of the three cases below:

a) The environmental impact assessment report is approved without any revision thereto. In this case, the standing appraising authority shall submit it together with the decision to approve the environmental impact assessment report of the project as prescribed in Clause 11 Article 14 of the Decree No.18/2015/ND-CP amended by Clause 11 Article 14 of the Decree No. 40/2019/ND-CP;

b) The environmental impact assessment report is approved provided that revisions thereto are required and reasons therefor are clearly stated. In this case, the standing appraising authority shall submit it together with the notification of appraisal results provided in the Form No. 08 Appendix 1 hereof to the project owner for revision or explanation purpose as prescribed in Clause 10 Article 14 of the Decree No.18/2015/ND-CP amended by Clause 5 Article 1 of the Decree No. 40/2019/ND-CP;

c) The environmental impact assessment report is not approved and reasons therefor are clearly stated. In this case, the standing appraising authority shall submit it together with the notification of appraisal results provided in the Form No. 08 Appendix 1 hereof.

6. Organize review of contents of the environmental impact assessment report after the project owner has revised it or provide explanation in the case specified in Point b Clause 5 of this Article and follow the instructions below in specific cases:

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b) Submit the environmental impact assessment report of the project to the head of the appraising authority for approval if the project owner has revised it or provided explanation as requested. If the project owner has made revision or provided explanation but some revised or explained contents fail to comply with environmental protection requirements, the standing appraising authority shall submit the environmental impact assessment report of the project enclosed with additional environmental protection requirements and environmental protection works and measures if necessary to the head of the appraising authority for approval. If the approval is granted, the project owner shall:

- complete the environmental impact assessment report, organize the implementation and assume responsibility as prescribed by law;

- comply with all contents and requirements specified in the decision to approve the environmental impact assessment report when executing an investment project or construction project as prescribed in Clause 1 Article 16 of the Decree No.18/2015/ND-CP amended by Clause 7 Article 1 of the Decree No. 40/2019/ND-CP.

7. Request the head of the appraising authority to issue the decision to approve adjustments to the decision to approve the environmental impact assessment report or replace the decision to approve the environmental impact assessment report in the case specified in Clause 5 Article 4 of this Circular.

8. Publish information regarding the decision to approve the environmental impact assessment report and environmental impact assessment report on the web portal of the appraising authority.

9. Make an estimate and pay costs incurred in connection with appraisal.

Article 9. Environmental improvement and remediation in mineral extraction

1. Guidelines for environmental improvement and remediation are provided in the Form No. 01 Appendix II hereof.

2. Procedures for appraising and approving plans for environmental improvement and remediation prepared by the entities mentioned in Point b Clause 1 and Point b Clause 2 Article 5 of the Decree No. 19/2015/ND-CP amended by Clause 2 Article 2 of the Decree No. 40/2019/ND-CP are specified in the Circular No. 38/2015/TT-BTNMT dated June 30, 2015 of the Ministry of Natural Resources and Environment.

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1. Monitoring of a waste treatment work:

The sampling of wastewater samples for the purposes of measurement, analysis, assessment of capacity of each treatment stage and assessment of suitability of the entire waste treatment work shall comply with TCVN 5999:1995 (ISO 5667-10:1992) on water quality - Sampling - Guidance on sampling of waste water. Combine samples, monitoring frequency and parameters specified in the waste monitoring plan in Section 7 Form No. 09 Appendix VI Section I in the Appendix enclosed with the Decree No. 40/2019/ND-CP shall comply with the following regulations:

a) Composite samples: a composite sample collected using time-based method includes 03 single samples which are collected at 03 different times of the day (morning, noon - afternoon, afternoon - evening) or at 03 different times (beginning, middle, end) of a production shift, and then mixed together;

b) The time limit for capacity assessment carried out during the period when performance of each stage and effectiveness of the wastewater treatment work are adjusted is at least 75 days from the starting date of trial operation. Monitoring frequency and parameters:

- Wastewater monitoring shall be carried out at least once every 15 days (composite samples of input and output wastewater shall be measured, collected and analyzed at each treatment stage);

- Monitoring parameters of each treatment stage are main ones used to serve the design at each stage;

- Parameters used to monitor a wastewater treatment work are all of pollution parameters used to design the entire wastewater treatment work;

If necessary, the project owner may measure, collect and analyze additional samples of post-treated wastewater of the wastewater treatment work at this stage to carry out an assessment according to technical regulation on wastewater in order to take measures to adjust, improve or make additions to such wastewater treatment work in a more appropriate manner.

c) The time limit for effectiveness assessment during period of stable operation of the wastewater treatment work is at least 07 sequential days after the adjustment period prescribed in Point b of this Clause; if the sequential measurement, collection and analysis of samples fail to be carried out due to force majeure, they shall be measured, collected and analyzed on the next day.  Monitoring frequency and parameters:

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- The monitoring parameters shall comply with technical regulation on wastewater.

2. Monitoring of dust and gas treatment works and equipment:

The measurement and collection of dust and gas samples for the purposes of analysis and assessment of efficiency of each treatment work and equipment specified in the wastewater monitoring plan in Section 7 Form No. 09 Appendix VI Section I in the Appendix enclosed with the Decree No. 40/2019/ND-CP shall comply with the following regulations:

a) Composite samples shall be determined in one of the following cases:

- 01 composite sample shall be collected using the continuous sampling method (isokinetic sampling method and other methods in accordance with regulations on environmental monitoring techniques) to measure and analyze parameters as prescribed;

- 01 composite sample is the mean value of 03 measurement results given by rapid field measuring equipment (the measurement results are given by the real-time measuring equipment) at 03 different times of the day (morning, noon - afternoon, afternoon - evening) or at 03 different times (beginning, middle, end) of a production shift;

b) The time limit for capacity assessment carried out during the period when effectiveness of each dust and gas work or equipment is at least 75 days from the starting date of trial operation. Monitoring frequency and parameters:

- Dust and gas monitoring shall be carried out at least once every 15 days (input composite samples (if any) and output ones shall be measured, collected and analyzed);

- Monitoring parameters are main ones used to design each dust and gas treatment work or equipment;

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- Dust and gas monitoring shall be carried out at least once a day (measuring, collecting and analyzing single samples or samples collected using continuous sampling equipment before the discharge of dust and gases into the environment);

- The monitoring parameters shall comply with technical regulation on wastewater.

3. The monitoring, delimitation and classification of solid waste (including sewage sludge) that is hazardous waste or ordinary industrial sold waste shall comply with regulations on management of hazardous waste.

4. During the trial operation, the project owner/facility owner shall aggregate and assess waste monitoring data using the 03 tables provided in Section 2.1.4 Form No. 13 Appendix VI Section I in the Appendix enclosed with the Decree No. 0/2019/ND-CP and submit them to the provincial specialized environmental protection authority together with the waste sample analysis report. If the waste treatment work fails to satisfy environmental protection requirements, the project owner shall perform the tasks specified in Clause 5 Article 16b of the Decree No. 18/2015/ND-CP amended by Clause 9 Article 1 of the Decree No. 40/2019/ND-CP and comply with the following requirements:

a) Submit a notification, specifying reasons that the waste treatment work fails to satisfy the requirements and appropriate remedial measures to be taken, to the authority approving the environmental impact assessment report and provincial specialized environmental protection authority before the 30-day period of trial operation;

b) Make a plan for trial operation of waste treatment work.  Procedures and time for trial operation of a waste treatment work are the same as those for first trial operation.

5. For the project or facility that made a plan for trial operation of the waste treatment work as prescribed before the effective date of this Circular, the project owner or facility owner shall monitor waste as prescribed in Point c Clause 1, Point c Clauses 2 and 3 of this Article, except for the case where the provincial specialized environmental protection authority has sent a notification specifying results of inspection of trial operation of the waste treatment work. Contents of the waste monitoring shall be reported to the provincial environmental protection in advance.

The monitoring results mentioned in this Clause shall be included in 02 tables: result of assessment of conformity of the entire waste treatment system and result of assessment of effectiveness of the waste treatment system carried out using the automatic and continuous monitoring data (if the installation of the automatic and continuous waste system is required) in accordance with Section 2.1.4 Form No. 13 Appendix VI Section 1 in the Appendix enclosed with the Decree No. 40/2019/ND-CP and submit them to the provincial specialized environmental protection authority as the basis for notifying results of inspection of trial operation of the waste treatment work.

The project and facility are encouraged to carry out waste monitoring as prescribed in Points a and b Clause 1, Points a and b Clause 2 of this Article.

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7. Responsibilities of the provincial environmental protection in advance:

a) Assume the responsibility specified in Clause 6 Article 16b of the Decree No. 18/2015/ND-CP amended by Clause 9 Article 1 of the Decree No. 40/2019/ND-CP;

b) The completed waste treatment works specified in Point a Clause 6 Article 16b of the Decree No. 18/2015/ND-CP amended by Clause 9 Article 1 of the Decree No. 40/2019/ND-CP shall be inspected as follows:

- Inspect the documents as specified in Clause 2 Article 16b of the Decree No. 18/2015/ND-CP amended by Clause 9 Article 1 of the Decree No. 40/2019/ND-CP, including drawings of the waste treatment works in accordance with regulations on construction, which must be conformable with the technology plans or basic fundamental designs of the waste treatment works whose environmental impact assessment reports have been appraised and approved by the competent authority; records of transfer and commissioning of the waste treatment works prior to their use. Regarding composite works or completely built-up or synchronous treatment equipment, a CO/CQ is required; documents concerning installation of the automatic and continuous waste and gas monitoring system and equipment enclosed with CO/CQ of each imported equipment in accordance with regulations of law; documents concerning operation of waste treatment works of projects/facilities;

- Assign officials to carry out physical inspection (optional) of complete waste treatment works, if necessary, establish an inspectorate which shall be composed of representatives of the provincial specialized environmental protection authority and environmental monitoring unit licensed to measure, collect and analyze reference samples during trial operation of waste treatment works. The decision to assign officials to carry out physical inspection or establish an inspectorate responsible for inspection of completed waste treatment works for the trial operation purpose is issued using the Form No. 01 in the Appendix III hereof. The record of inspection of a completed waste treatment work is made using the Form No. 02 in the Appendix III hereof.

The provincial specialized environmental protection authority shall not request the project owner to provide additional documents or carry out any inspection outside the scope of this Point;

c) The provincial specialized environmental protection authority shall, according to the waste monitoring plan specified in the plan for trial operation of a waste treatment work of the project, carry out an irregular inspection at least once during the trial operation period specified in Point c Clause 1, Point c Clause 2, Clause 3 and Clause 5 of this Article in order to measure, collect and analyze waste samples (single samples shall be used) to compare them with results of monitoring of waste of the project or facility, consider and assess them as prescribed. The monitoring parameters shall comply with technical regulation on waste;

d) The provincial specialized environmental protection authority shall, according to the notification specifying results of inspection of waste treatment works, waste monitoring result given by the project owner and results of reference waste sample measurement and analysis, send a notification of results of trial operation of waste treatment works and take legal responsibility for its inspection and assessment results, which must specify its eligibility or ineligibility (specifying reason for ineligibility) for having its environmental protection works inspected and completion of environmental protection works certified. The notification given by the provincial specialized environmental protection authority is not mandatory for the project owner to implement it (the project owner may receive it or provide explanation), shall be considered as an independent opinion when the authority approving the environmental impact assessment report inspects and certifies completion of environmental protection works of the project;

dd) The costs of measurement, collection and analysis of waste samples for the purpose of comparing them with monitoring results of the project shall be covered by the local budget for environmental protection.

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1. The head of the authority appraising and approving the environmental impact assessment report of a project or facility or the authority authorized to issue the decision on inspectorate establishment according to the Form No. 03 Appendix III hereof. The inspectorate shall be composed of the chief, deputy chief if necessary, members, experts, environmental monitoring unit (if any) and secretary.

The chief of the inspectorate shall take total responsibility for inspection of completed environmental protection works of the project or facility.

2. The inspectorate member’s evaluation report on performance of environmental protection works serving the operation stage of a project or facility is prepared using the Form No. 04 Appendix III hereof.

3. The inspectorate member’s evaluation report on performance of environmental protection works serving the operation stage of a project or facility is prepared using the Form No. 05 Appendix III hereof. The inspection record shall bear signatures of inspectorate’s chief or deputy chief assigned or authorized by the chief, secretary and competent representative of the project owner/facility owner on every page or bear a stamp of the project owner or facility owner on adjoining edges of pages; signatures, full names and titles shall be put on the last page of the record at the end of the inspection.

The inspection record shall be sent to project owner/facility owner; provincial specialized environmental protection authority (if the project/facility has its environmental impact assessment report appraised and approved by a Ministry or ministerial agency); head of the authority establishing the inspectorate and authority appraising and approving the environmental impact assessment report and shall be kept by the inspectorate.

4. Results of inspection of environmental protection works shall be clearly stated in the inspection record and assessed in one of the following cases:

a) It is not required to carry out monitoring of waste and waste treatment works of the project or facility that has been eligible for having completion of environmental protection works certified if the following environmental protection requirements are met:

- The notification specifying result of inspection of trial operation of waste treatment works, which is given by the provincial specialized environmental protection authority, states that the project or facility is eligible for having its environmental protection works inspected or its completion of environmental protection works certified (in which the results of monitoring of the project or facility’s waste and reference waste monitoring results comply with the technical regulation on waste);

- The environmental protection works of the project or facility must prove conformable with or better than the technology plan or fundamental design plan whose environmental impact assessment report has been appraised and approved by the competent authority;

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b) The project or facility is eligible for having its completion of environmental protection works certified but additional monitoring of waste is required when:

- The notification specifying result of inspection of trial operation of waste treatment works, which is given by the provincial specialized environmental protection authority, states that the project or facility is ineligible for having its environmental protection works inspected or its completion of environmental protection works certified (the reference waste monitoring results fail to comply with the technical regulation on waste at the time of inspection or supervision of trial operation);

- The environmental protection works of the project or facility must prove conformable with or better than the technology plan or fundamental design plan whose environmental impact assessment report has been appraised and approved by the competent authority;

- Measure, collect and analyze additional waste samples of the project or facility. The sample collection form shall be signed by representative of the inspectorate, competent representative of the project or facility and monitoring unit;

- The report on operation of performance of environmental protection works of the project or facility needs revising during the analysis of waste samples;

c) The project or facility will be ineligible for having its completion of environmental protection works certified if it fails to comply with the regulation specified in Point a or b of this Clause.

5. The post-treated waste monitoring by the inspectorate inspecting and certifying completion of environmental protection works and inspecting and confirming eligibility for environmental protection in import of scrap as production materials shall be carried out at least once (single samples shall be used) regarding the waste treatment works to be certified. It is not required to carry out waste monitoring of the work treatment works that have been inspected and certified by the competent authority. If the project or facility has multiple dust and gas treatment works which share similarities in terms of treated typical pollution parameters, treatment technology and equipment, the inspectorate shall select 01 work with the maximum capacity to carry out monitoring and assess effectiveness of such dust and gas treatment works.

6. The chief of the inspectorate and authority assigned to inspect performance of environmental protection works of the project or facility shall report inspection results to the authority approving the environmental impact assessment report and undertake the following tasks:

a) Request the authority approving the environmental impact assessment report of the project or facility to issue confirmations of completion of environmental protection works if the report on operation of environmental protection works and environmental protection works of the project or facility have satisfied the requirements set forth in Point a Clause 4 of this Article. The issuance of confirmations of completion of environmental protection works shall be done within 15 days from the receipt of the satisfactory application as specified in Clause 2 Article 28 of the Law on Environmental Protection;

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If the additional waste monitoring result satisfies the technical regulation in waste and the report on operation of environmental protection works is satisfactory, the issuance of confirmations of completion of environmental protection works shall be done within 30 days from the receipt of the satisfactory application as specified in Clause 2 Article 28 of the Law on Environmental Protection. In case these requirements are not satisfied, the authority assigned to inspect performance of environmental protection works of the project or facility shall send a notification of the return of the report on operation of environmental protection works, which specifies reasons for its failure to satisfy the requirements to the project or facility;

c) The authority assigned to carry out inspection shall send a notification of the return of the report on operation of environmental protection works in case of failure to satisfy the requirements mentioned in Point a or b Clause 4 of this Article. Contents of the notification shall clearly indicate shortcomings of the documents, environmental protection works to be rectified (if any) and responsibilities of the project owner/facility owner shall comply with Clause 5 Article 16b of the Decree No. 18/2015/ND-CP added by Clause 9 Article 1 of the Decree No. 40/2019/ND-CP;

d) The confirmations of completion of environmental protection works of the entire project or facility shall be integrated into a confirmation (if any) in case the project or facility has obtained a confirmation of completion of each environmental protection work item or confirmations of completion of environmental protection works at each stage.

7. The chief of the inspectorate and authority assigned to inspect performance of environmental protection works of the project or facility shall assign officials listed in the decision on inspectorate establishment specified in Clause 1 of this Article to carry out a physical inspection of rectification of shortcomings of environmental protection works by the project or facility within 05 days from the receipt of the project owner’s rectification report. The inspection record shall be made using the Form No. 06 Appendix III hereof.

Article 12. Regulations on environmental emergency preparedness and response works for wastewater

1. Environmental emergency preparedness and response works for wastewater (hereinafter referred to as “environmental emergency preparedness and response works”) must be solid, waterproof and resistant to wastewater leakage in accordance with design standards and regulations on construction or standards for quality of goods and products.

If the environmental emergency preparedness and response work is an emergency pond combined with stabilization pond, it must be designed so that it is at the last stage of the wastewater treatment system. In addition to having the function of environmental emergency preparedness and response for wastewater, the emergency pond combined with stabilization pond has the capacity for natural biological stabilization and treatment of pollution parameters of wastewater before its release into the environment.

2. If the owner of the project, facility or industrial park chooses to operate an environmental emergency preparedness and response work adopting the technical solutions specified in Clause 6 Article 37 of the Decree No. 38/2015/ND-CP added by Clause 19 Article 3 of the Decree No. 40/2019/ND-CP, the environmental emergency preparedness and response work shall comply with the following technical requirements for environmental protections:

a) It has the ability to contain wastewater in a manner that is appropriate to the capacity of the wastewater treatment system;

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c) The emergency pond combined with stabilization pond must have works and equipment that serve the wastewater recovery to ensure that it is not discharged into the environment if any emergency occurs. Measures should be taken to prevent wastewater recontamination that may arise during the operation of the pond system;

d) If the project, facility or industrial park has multiple wastewater treatment systems, the environmental emergency preparedness and response work may be shared by such systems provided that an appropriate design and a common environmental emergency preparedness and response plan are produced;

dd) The emergency pond must not be used in combination with rainwater regulation, harvesting or drainage works at the project, facility or industrial park.

3. In addition to the technical solutions specified in Clause 6 Article 37 of the Decree No. 38/2015/ND-CP added by Clause 19 Article 3 of the Decree No. 40/2019/ND-CP, the owner of the project, facility or industrial park shall, according to the characteristics and loading rate of the wastewater flow, recommend other technical solutions to the competent authority to operate environmental emergency preparedness and response works, ensuring that the technical requirements specified in Clause 1 of this Article 1 are satisfied and the environmental emergency preparedness and response plan is conformed to.

Chapter III

ENVIRONMENTAL PROTECTION IN IMPORT OF SCRAP AS PRODUCTION MATERIALS

Article 13. Organizing inspection and confirmation of satisfaction of eligibility requirements for environmental protection in import of scrap as production materials for projects on trial operation of wastewater treatment works

1. The inspection and confirmation of satisfaction of eligibility requirements for environmental protection in import of scrap as production materials for projects on trial operation of wastewater treatment works shall comply with Clause 4 Article 56b of the Decree No. 38/2015/ND-CP added by Clause 30 Article 3 of the Decree No. 40/2019/ND-CP.

2. The monitoring of waste during operation of waste treatment works of the project using scrap as production materials shall comply with Clauses 1, 2, 3, 4 and 5 Article 10 of this Circular.

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a) The decision to assign officials to carry out physical inspection or decision to establish an inspectorate to inspect satisfaction of eligibility requirements for environmental protection in import of scrap as production materials for projects on trial operation of wastewater treatment works, which is made using the Form No. 02 in the Appendix IV hereof;

b) The record of inspection of satisfaction of eligibility requirements for environmental protection in import of scrap as production materials for projects on trial operation of wastewater treatment works, which is made using the Form No. 03 in the Appendix IV hereof.

Article 14. Organizing inspection and confirmation of eligibility for environmental protection in import of scrap as production materials

1. The inspection and confirmation of eligibility for environmental protection in import of scrap as production materials shall comply with Clause 3 Article 56b of the Decree No. 38/2015/ND-CP added by Clause 30 Article 3 of the Decree No. 40/2019/ND-CP.

2. The monitoring of waste during the inspection and confirmation of eligibility for environmental protection in import of scrap as production materials for projects on trial operation of wastewater treatment works shall comply with Clause 5 Article 11 of this Circular.

3. Forms of documents concerning inspection and confirmation of eligibility for environmental protection in import of scrap as production materials:

a) The decision to establish an inspectorate to inspect satisfaction of eligibility requirements for environmental protection in import of scrap as production materials, which is made using the Form No. 01 in the Appendix IV hereof;

b) The evaluation report of a member of the inspectorate inspecting satisfaction of eligibility requirements for environmental protection in import of scrap as production materials, which is made using the Form No. 04 in the Appendix IV hereof;

c) The record of inspection of satisfaction of eligibility requirements for environmental protection in import of scrap as production materials shall be made using the Form No. 05 in the Appendix IV hereof;

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Article 15. Forms of documents concerning site inspection of bodies assessing conformity of imported scrap with technical regulations on environment

1. The decision to establish an inspectorate carrying out site inspection of a body assessing conformity of scrap imported as production materials with technical regulations on environment, which is made using the Form No. 07 in the Appendix IV hereof.

2. The evaluation report of a member of the inspectorate carrying out site inspection of a body assessing conformity of scrap imported as production materials with technical regulations on environment, which is made using the Form No. 08 in the Appendix IV hereof.

3. The record of site inspection of a body assessing conformity of scrap imported as production materials with technical regulations on environment, which is made using the Form No. 09 in the Appendix IV hereof.

4. The decision to certify a body assessing conformity of scrap imported as production materials with technical regulations on environment, which is made using the Form No. 10 in the Appendix IV hereof.

Article 16. Organizations carrying out site inspection of applicants for assessment of conformity of scrap imported as production materials with regulations

1. The Ministry of Natural Resources and Environment shall assess applications for designation as bodies assessing conformity of scrap imported as production materials with technical regulations in accordance with Article 18d of the Decree No. 132/2008/ND-CP amended by Clause 8 Article 1 of the Decree No. 74/2018/ND-CP.

2. A site inspection shall be carried out as follows:

a) Within 10 working days from the receipt of the satisfactory application, the Ministry of Natural Resources and Environment shall decide to establish an inspectorate;

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c) Within 10 working days from the date on which the inspectorate is established, the Ministry of Natural Resources and Environment shall organize the site inspection;

d) The results of application appraisal and inspection shall serve as the basis for the Ministry of Natural Resources and Environment to issue a decision to designate a body assessing conformity of scrap imported as production materials with technical regulations on environment.

Article 17. Accreditation of competence of bodies assessing conformity of scrap imported as production materials

1. According to the results of application appraisal and site inspection, the Ministry of Natural Resources and Environment shall consider issuing a decision to accredit the body assessing conformity of scrap imported as production materials with technical regulations.

2. If the applicant is ineligible to have its/his/her competence in assessment of conformity of scrap imported as production materials accredited, the Ministry of Natural Resources and Environment shall send a notification specifying reasons therefor to the applicant in accordance with Article 18d of the Decree No. 132/2008/ND-CP amended by Clause 8 Article 1 of the Decree No. 74/2018/ND-CP.

Chapter IV

PUBLISHING OF ENVIRONMENTALLY FRIENDLY PRODUCTS AND SERVICES; CRITERIA FOR SELECTING AND APPRAISING DOMESTIC SOLID WASTE TREATMENT TECHNOLOGIES; SHUTDOWN OF DOMESTIC SOLID WASTE LANDFILLS

Section I. PUBLISHING OF ENVIRONMENTALLY FRIENDLY PRODUCTS AND SERVICES

Article 18. Publishing of list of Vietnam green label certified environmentally friendly products and services

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Article 19. Mutual recognition of environmentally friendly products and services certification

The Ministry of Natural Resources and Environment shall sign and publish contents of the mutual recognition agreement on environmentally friendly products and services certification with domestic and foreign eco-label certification bodies.

Section II. CRITERIA FOR SELECTING AND APPRAISING DOMESTIC SOLID WASTE TREATMENT TECHNOLOGIES

Article 20. Criteria for selecting, assessing and publishing domestic solid waste treatment technologies

1. Criteria for selecting technologies for domestic solid waste treatment:

a) Regarding technology:

- Origin of the machinery, equipment and technology lines; technology diagram; priority shall be given to the technologies that have been assessed and appraised by the competent authority that they comply with standards and technical regulations on environment and satisfy to conditions in Vietnam;

- Level of mechanization and automation; ability to expand and increase the capacity;

- Advancement and preeminence of the domestic solid waste treatment technologies: the technologies shall be on the list of technologies (encouraged for transfer, restricted from transfer or banned from transfer) in accordance with regulations on technology transfer;

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- Ability to treat domestic solid waste with different properties;

- Synchronization of equipment on the technology lines for treatment of waste constituent, ability to use and replace domestic parts and accessories, local content of the technologies and equipment;

- Simplicity in operation of treatment technologies, service life and durability of technologies and equipment;

- Ability to combine with other technologies for domestic solid waste treatment: burning, composting and burial;

b) Regarding the environment and society:

- Compliance with environmental standards and technical regulations on gases and wastewater generated from the treatment of domestic solid waste;

- Saving the land used, aesthetics and perceptions of domestic solid waste treatment technologies;

- Ability to use local and domestic less-contaminating raw materials, fuels and materials;

- Preliminary processing of domestic solid waste prior to its treatment;

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- Recovery of energy during the treatment of domestic solid waste;

- Ability to reuse domestic solid waste or generate useful products after treatment;

- Impacts on environment, ecosystem and human during the operation of domestic solid waste treatment technologies and products after treatment;

- Level of environmental risks and capacity for response and remediation in case of technical errors;

- Capacity for adaptation, conformity and replication of domestic solid waste treatment technologies with local natural and socio-economic conditions;

- Capacity and level of training and participation of local laborers during the period of developing and operating domestic solid waste treatment technologies;

c) Regarding economy;

- The treatment costs must be relevant to the solvency of local governments or must not exceed the treatment costs published by the competent authority;

- Ability to sell products generated from the recycling of domestic solid waste treatment;

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- Market demand; quality standards applied to products after treatment;

- Suitability of technologies for the investment project's objectives and requirements and types of domestic solid waste to be treated;

- Suitability of costs of equipment development and installation; operation costs (expressed as m³/tonne); maintenance and repair costs.

2. Appraisal and assessment of domestic solid waste treatment technologies:

a) The Ministry of Natural Resources and Environment shall appraise and assess domestic solid waste treatment technologies encouraged to be applied in Viet Nam in accordance with regulations on science and technology and technology transfer;

b) Regarding domestic solid waste treatment projects or projects involving domestic solid waste treatment, the environmental protection authority or specialized environmental protection authority shall appraise and assess domestic solid waste treatment technologies in accordance with regulations on appraisal of technologies of investment projects, technology transfer and relevant regulations of law.

3. Publishing of domestic solid waste treatment technologies:

a) After the appraisal is done, the technologies that have satisfied environmental protection requirements in accordance with regulations on technology transfer and the completion of environmental protection works have been confirmed in accordance with regulations of law shall be included in a list;

b) After issuing confirmations of completion of environmental protection works to domestic solid waste treatment projects, the authority inspecting and confirming completion of environmental protection works shall submit a report on assessment of domestic solid waste treatment technologies used for such projects to the Ministry of Natural Resources and Environment;

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Section III. PROCEDURES FOR SHUTDOWN OF DOMESTIC SOLID WASTE LANDFILLS

Article 21. Procedures for shutdown of domestic solid waste landfills

1. A sanitary domestic solid waste landfill shall be shut down in the following cases:

a) The domestic solid waste landfill has reached its capacity approved by the competent authority;

b) The domestic solid waste landfill owner fails to keep operating the domestic solid waste landfill and fails to transfer the domestic solid waste landfill;

c) The domestic solid waste landfill is shut down at the request of the competent authority.

2. 10 working days before the shutdown of the landfill, its owner shall send a notification of the date of shutdown to the provincial specialized environmental protection authority.

3. Procedures for shutdown of a domestic solid waste landfill:

a) The domestic solid waste landfill must have a topsoil covered with clay or HDPE plastic or equivalent material of over 30%, ensuring that it maintains standard humidity and is carefully compacted with a thickness greater than or equal to 60cm. The slope from the foot to the top of the landfill is between 3% and 5%, ensuring proper drainage, no landslide and subsidence. The following activities should be carried out:

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- Cover the soil layer with a thickness of 20 to 30 cm;

- Grow grass and green trees;

b) If the domestic solid waste landfill has multiple cells, it is required to close each cell according to the procedures specified in Point a of this Clause;

c) Within 6 months from the date of shutdown of the domestic solid waste landfill, its owner shall submit a report on the status of the domestic solid waste landfill to the authority approving environmental impact assessment reports. The report shall contain at least:

- Operation, effectiveness and capacity of all works in the domestic solid waste landfill, including waterproofing system of the domestic solid waste landfill, leachate collection and treatment system, surface water and groundwater management system, gas collection system, groundwater quality monitoring system and other environmental protection works in accordance with applicable regulations (if any);

- Results of monitoring of quality of wastewater, groundwater and gases from the domestic solid waste landfill;

- Environmental remediation, improvement of landscape of the domestic solid waste landfill and pollution control measures for the coming years;

- Topographic map of the domestic solid waste landfill, which is drawn after its shutdown;

- The shutdown of the domestic solid waste landfill will be certified completed if environmental components generated from the landfill shutdown satisfy the technical regulation on environment;

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Article 22. Reuse of domestic solid waste landfills

1. Upon formulating planning for use and design of a domestic solid waste landfill, it is required to consider the possibility of reusing the domestic solid waste landfill after its shutdown.

2. In order to reuse the domestic solid waste landfill, its owner shall carry out survey and assessment of relevant environmental factors. If results thereof are satisfactory, the domestic solid waste landfill can be reused.

3. Pending the reuse of the domestic solid waste landfill, its owner shall keep treating leachate and gases in accordance with regulations.

4. After the shutdown of the domestic solid waste landfill, its owner shall:

a) monitor environmental changes at monitoring stations;

b) re-draw the topographic map of the domestic solid waste landfill;

c) submit sufficient reports on operation of the domestic solid waste landfill and propose pollution control measures for the coming years.

5. Domestic solid waste landfill transfer procedures shall be followed so that competent authorities and units may keep managing and re-using it.

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Chapter V

ENVIRONMENTAL QUALITY MANAGEMENT

Section 1. MONITORING, ASSESSMENT AND ANNOUNCEMENT OF SURFACE WATER AND AIR QUALITY STATUS

Article 23. Monitoring, assessment and announcement of inland surface water quality status

1. River, lake and channel water quality monitoring points shall maintain their representativeness so that water quality status and changes are assessed according to Clause 1 Article 12 of the Decree No. 19/2015/ND-CP amended by Clause 9 Article 2 of the Decree No. 40/2019/ND-CP.

2. River, lake and channel water quality monitoring results shall be used to calculate water quality indicators at each monitoring points under the technical guidance of the Vietnam Environment Administration.

3. The Ministry of Natural Resources and Environment shall take charge of executing the national environmental monitoring program with respect to inter-provincial rivers and lakes.

4. People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s committees”) shall take charge of executing local environmental monitoring programs with respect to rivers, lakes, ponds and channels within their provinces, except for the case specified in Clause 3 of this Article.

5. Water quality indicators shall be posted on web portals of competent authorities set forth in Clauses 3 and 4 of this Article.

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1. Urban areas of class II of higher, densely populated areas, areas with industrial parks, trade villages, areas with varied gas sources or large emission sources shall undergo air quality parameters monitoring in accordance with technical regulations on air quality at representative monitoring points for the purposes of assessment of air quality status and changes.

2. Air quality monitoring results shall be used to calculate water quality indicators in the areas mentioned in Clause 1 of this Article under the technical guidance of the Vietnam Environment Administration.

3. The Ministry of Natural Resources and Environment shall carry out air quality monitoring and assessment according to the national environmental monitoring program.

4. Provincial People’s Committees shall take charge of carrying out air quality monitoring and assessment in the areas mentioned in Clause 1 of this Article within their provinces according to the local environmental monitoring program.

5. Air quality indicators shall be posted on web portals of competent authorities set forth in Clauses 3 and 4 of this Article.

Section 2. INVESTIGATION, ASSESSMENT AND WARNING OF ENVIRONMENTAL QUALITY, DETERMINATION OF DEGREE, SCOPE AND CAUSES OF CONTAMINATION AND SOIL IMPROVEMENT AND REMEDIATION

Article 25. Preliminary site investigation and assessment

1. The purpose of a preliminary investigation or assessment is to investigate or assess the site to determine if potential residual contaminants are present at concentrations exceeding the technical regulations on environment and to determine causes of contamination.

2. The scope of work will include the following elements:

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b) A site reconnaissance;

c) Collection and analysis of samples for the purpose of determining residual contaminants, residual contamination sources and preliminary assessment of contamination level;

d) Preparation of a preliminary investigation and assessment.

3. The procedure for preliminary site investigation and assessment is provided in the Form No. 01 Appendix V hereof.

4. According to the preliminary investigation and assessment results, perform the following activities:

a) If it is found that a contaminant is present at concentrations exceeding the technical regulations on environment, publish the information thereon and carry out detailed site investigation or assessment as prescribed in Article 26 of this Circular;

b) If no contaminant is present at concentrations exceeding the technical regulations on environment, announce that the site is not contaminated.

5. Responsibilities for preliminary site investigation and assessment:

a) The Ministry of Natural Resources and Environment shall carry out preliminary investigation and assessment of the sites specified in Clause 1 Article 14 of the Decree No. 19/2015/ND-CP amended by Clause 11 Article 2 of the Decree No. 40/2019/ND-CP, which are contaminated within multiple provinces;

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Article 26. Detailed site investigation and assessment

1. The purpose of a detailed investigation or assessment is to determine residual contaminants; residual contamination sources; level and scope of contamination; classification of contaminated sites.

2. The scope of work will include the following elements:

a) Preparation of a detailed plan for site survey;

b) Detailed investigation, survey and collection of samples on the site; analysis, assessment and determination of residual contaminants, level and scope of contamination;

c) Mapping of the contaminated site (contaminants, level and scope of contamination);

d) Preparation of a report on detailed site investigation or assessment.

3. The procedure for detailed site investigation and assessment is provided in the Form No. 02 Appendix V hereof.

4. Detailed site investigation and assessment results may serve as the basis for determining responsibilities for environmental improvement and remediation at the contaminated site; classify contamination level of the contaminated site.

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a) The Ministry of Natural Resources and Environment shall carry out detailed investigation and assessment of the sites that have undergone preliminary site investigation and assessment within its jurisdiction but contaminating factors fail to be found;

b) Provincial People’s Committees shall carry out detailed site investigation and assessment of the sites that have undergone preliminary investigation and assessment within their jurisdiction but contaminating factors fail to be found;

c) Any organization or individual that is confirmed as the one that causes contamination shall carry out detailed site investigation and assessment as prescribed in Clause 2 of this Article.

Article 27. Classification of contaminated sites

1. Contaminated sites shall be classified into 03 following levels:

a) Total weighted point < 50: low-level environmental contamination and chemical and pesticide residual-contamination.

b) 50 ≤ total weighted point ≤ 75: Medium-level environmental contamination and chemical and pesticide residual-contamination.

c) Total weighted point > 75: High-level extremely severe environmental contamination and chemical and pesticide residual-contamination.

2. The point-based assessment shall be carried out according to the Form No. 03 Appendix V hereof.

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1. Results of contaminated site classification shall serve as the basis for environmental decontamination, improvement and remediation of the sites where soil contaminating factors are not determined. To be specific:

a) Regarding the low-level contaminated sites specified in Point a Clause 1 Article 27 hereof, control the contaminated sites as prescribed in Article 29 hereof;

b) Regarding the medium-level contaminated sites specified in Point b Clause 1 Article 27 hereof, control the contaminated sites as prescribed in Article 29 hereof; prepare and implement the plan for environmental decontamination, improvement and remediation of these sites according to Article 30 of this Circular within the budget;

c) Regarding the high-level contaminated sites specified in Point c Clause 1 Article 27 hereof, immediately carry out environmental decontamination, improvement and remediation as prescribed in Article 30 hereof.

2. Regarding the sites where soil contaminating entities have been determined, they shall carry out environmental decontamination, improvement and remediation as prescribed in Article 30 hereof.

3. The environmental decontamination, improvement and remediation shall conform to the land use planning approved by the competent authority.

Article 29. Control of contaminated sites

1. The control of a soil contaminated site will include the following elements:

a) Issuance of announcements and warnings and reiteration of contaminated sites;

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c) Dissemination of information and raising of awareness or relevant entities and communities in the vicinity of the contaminated site;

d) Periodic monitoring of environmental quality on the contaminated site and its vicinity; publishing of information about environmental quality.

2. Provincial People’s Committees shall control contaminated sites within their provinces.

Article 30. Environmental decontamination, improvement and remediation

1. The environmental decontamination, improvement and remediation of contaminated sites shall be based on the environmental decontamination, improvement and remediation plan.

2. The plan shall contain the following main contents:

a) General information about the contaminated site;

b) Results of investigation and assessment of the level of risk of the contaminated site.

c) Decontamination methods (whether in-situ decontamination or ex-situ decontamination that involves transport of contaminants to a designated decontamination facility);

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dd) Control and supervision during and after decontamination;

e) Decontamination plan implementation roadmap and schedule.

Detailed contents of the environmental decontamination, improvement and remediation plan are provided in the Form No. 04 Appendix V hereof.

2. Responsibility for preparing the decontamination plan: the owner of the environmental decontamination, improvement and remediation project shall prepare a decontamination plan. To be specific:

a) Regarding the project within the jurisdiction of the state to carry out dissemination, the project owner shall set up and submit the project for approval in accordance with the Law on State Budget. If such project is funded by the central government budget, the project approving authority shall submit the project dossier to the Ministry of Natural Resources and Environment to obtain opinions prior to the approval;

b) Regarding the project the jurisdiction of an organization or individual to carry out dissemination, the organization or individual shall submit the decontamination plan to the Ministry of Natural Resources and Environment or provincial People's Committee within its jurisdiction to carry out preliminary investigation and assessment as prescribed in Clause 5 Article 25 hereof.

Article 31. Responsibilities of the Ministry of Natural Resources and Environment

1. Carry out investigation and assessment, consolidate and publish the list of contaminated sites within its jurisdiction; develop, update and operate information and database systems for contaminated systems nationwide.

2. Develop and issue technical guidelines for environmental improvement and remediation of each type of contaminated site.

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Article 32. Responsibilities of provincial People's Committees

1. Compile, update and report the list of sites contaminated with chemicals during the war; sites with industrial parks, production plants, chemical depots, agrochemicals, waste landfills and craft villages which have been closed or relocated; the toxic mineral mining area which has terminated extraction; local agricultural production areas that use a lot of chemicals to the Ministry of Natural Resources and Environment.

2. According to results of preliminary and detailed site investigation and assessment, provincial People’s Committees shall update information about contaminated sites to the information and database systems of the Ministry of Natural Resources and Environment.

Article 33. Responsibilities of organizations and individuals causing environmental contamination

1. Any organization or individual that is confirmed as the one that causes environmental contamination shall carry out detailed site investigation and assessment, prepare an environmental decontamination, improvement and remediation plan and submit it to the Ministry of Natural Resources and Environment or provincial People’s Committee for consideration and supervision purpose.

2. The environmental decontamination, improvement and remediation shall be carried out according to the plan specified in Clause 1 of this Article and results shall be reported to the Ministry of Natural Resources and Environment or provincial People’s Committee.

Chapter VI

MANAGEMENT OF ENVIRONMENTAL MONITORING SERVICES; REPORTING OF ENVIRONMENTAL PROTECTION

Article 34. Registration of environmental testing services

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2. Applicants for registration of testing services in conformity with environment sector and certification of eligibility for provision of environmental monitoring services may choose to follow administrative procedures for issuance of the certificate of registration of testing services in conformity with environment sector and certificate of eligibility for provision of environmental monitoring services in accordance with regulations on single-window system promulgated by the Minister of Natural Resources and Environment.

Article 35. Responsibilities of providers of environmental monitoring services after the certificate is obtained

1. Every provider of environmental monitoring services shall prepare physical or electronic documents about environmental monitoring services it provides to serve the inspection work.

Documents concerning environmental monitoring services include chemicals logbook; test reports; records of environmental monitoring equipment, laboratory sample transfer records or system, records of quality assurance and control in environmental monitoring and data management in accordance with regulations of the Circular No. 24/2017/TT-BTNMT dated September 01, 2017 of the Ministry of Natural Resources and Environment, liquidation minutes and other methods of contracting with customers in accordance with the civil law and other relevant documents.

2. Upon providing environmental monitoring services, if the provider signs service contracts with customers, such contracts shall bear the provider’s unique signs and the date of the contract shall be clearly stated. The signs shall contain ordinal numbers indicating the date on which the first contract is signed and the date on which the last contract is signed in chronological order in a calendar year.

3. Results shall be returned to customers via test reports bearing the signature and seal of the competent authority. The test reports shall be prepared using a unique form, containing at least:

- Name of the provider;

- Names of customers;

- Number of the Vimcerts;

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- Signs of the reports: The signs shall contain ordinal numbers indicating the date on which the first report is delivered and the date on which the last report is delivered in chronological order in a calendar year.  The provider may add more sign codes to serve its classification and internal management with but must adhere to the numbering principles.

- Analysis results: parameters, methods used, measurement results, regulations, standards or technical specifications used for reference purpose (if any)

- In case the provider hires another provider to monitor the parameters that the former is not allowed to monitor, it is required to specify name of the provider in charge and enclose the analysis report given by such provider.

A record or system should be in place to manage test reports delivered to customers, containing at least: signs of the reports (including their ordinal numbers); date of delivery of the reports and names of customers.

4. If a provider carries out environmental monitoring itself to serve its researches and carries out monitoring for internal supervision purpose without signing contracts and delivering test reports to a second party, it is not required to comply with the regulations laid down in Clauses 1, 2 and 3 of this Article.

Article 36. Management of environmental monitoring services provided by secondary monitoring units

The management of environmental monitoring services provided by monitoring units shall comply with Article 35 hereof. Sample transfer records shall be included in the documentation of environmental monitoring service providers and secondary monitoring units.

Article 37. Reporting of environmental protection

1. Owners of projects and production, trading and services establishments, except for the entities specified in Clause 2 of this Article shall:

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b) archive documents related to the report to serve the comparison by competent authorities upon inspection;

c) submit annual environmental protection report (the reporting report begins from 01 January to 31 December inclusive) to competent authorities before January 01 of the next year. The first report shall be submitted before January 31, 2021.

d) submit the report to:

- the authority that has approved and certified the environmental impact assessment reports, environmental protection programs, environmental protection plans or equivalent environmental documents of the projects or establishments;

- Departments of Natural Resources and Environment (of the provinces where the projects and production, trading and services establishments are available);

2. Investors in construction and trading of technical infrastructures of industrial parks shall comply with reporting regulations in accordance with regulations on environmental protection in industrial parks.

Chapter VII

IMPLEMENTATION

Article 38. Transitional clauses

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2. Any mineral extraction facility that has its environmental impact assessment report approved or environmental protection plan certified but fails to have an environmental improvement and remediation plan which is an integral part of the environmental impact assessment report or environmental protection plan, the authority approving the environmental improvement and remediation plan shall consider granting approval at the request of the project owner or facility owner as prescribed in Point b Clause 3 Article 7 of the Decree No. 19/2015/ND-CP amended by Clause 4 Article 2 of the Decree No. 40/2019/ND-CP.

Article 39. Responsibility for implementation

1. Ministries, ministerial agencies, Governmental agencies; People’s Committees at all levels shall direct the implementation of this Circular.

2. Provincial Departments of Natural Resources and Environment shall assist provincial People’s Committees in implementing this Circular within their provinces.

Article 40. Effect

1. This Circular comes into force from February 15, 2020.

2. This Circular repeals Point a Clause 2 Article 12, Clause 2 Article 18, Clause 2 Article 21, Article 25 and Article 26 of the Circular No. 31/2016/TT-BTNMT dated October 14, 2016 of the Minister of Natural Resources and Environment; Appendix 3 of the Circular No. 38/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment;

3. The Circular No. 26/2015/TT-BTNMT dated May 28, 2015, Circular No. 27/2015/TT-BTNMT dated May 29, 2015, Circular No. 41/2015/TT-BTNMT dated September 09, 2015 and Circular No. 30/2016/TT-BTNMT dated October 12, 2016 of the Minister of Natural Resources and Environment are null and void from the effective date of this Circular.

4. Regulations on periodic reporting by production, trading and services establishments (including reports periodic environmental monitoring, automatic and continuous monitoring, domestic solid waste management, ordinary industrial solid waste management, hazardous waste management, imported scrap management, results of environmental monitoring and remediation in mineral extraction) which were specified in previous documents shall be implemented in accordance with this Circular from its effective date.

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6. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Natural Resources and Environment for consideration./.

PP. THE MINISTER
THE DEPUTY MINISTER




Vo Tuan Nhan

Form No. 04

Format and contents of an environmental impact assessment report

Superior authority of the project owner

(1)

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REPORT

ON ENVIRONMENTAL IMPACT ASSESSMENT

of the project (2)

PROJECT OWNER (*)
(signature, full name and seal)

CONSULTANCY (if any) (*)
(signature, full name and seal)

Place name (**),… (specify the month) … (specify the year)

Note:

(1) Name of the superior authority;

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TABLE OF CONTENTS

List of abbreviations

List of tables and pictures

INTRODUCTION

1. Origin of the project

General information about the project, specifying its type (new project, project on scale expansion, capacity increase or change of technology or other type).

1.2. Authority or organization that has the power to approve investment guidelines (regarding a project subject to approval for its investment guidelines), feasibility study report, economic and technical report, investment project or relevant document.

1.3. Relationship between the project and other projects and development planning approved by a competent authority.

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2. Legal bases and techniques for EIA:

2.1. Enumerate legal documents, technical environmental regulations, standards and guidance and techniques which serve as the basis for EIA.

2.2. Fully enumerate legal documents, decisions or written opinions of competent authorities on the project.

2.3. Enumerate documents and data prepared by the project owner itself and used during the EIA process.

3. Organize EIA: make a summary of organization of EIA and preparation of EIA report by the project owner and consultancy (if any) enclosed with a list (containing signatures) of participants in EIA.

4. EIA methods: fully enumerate the methods used and indicate the contents to which a method is applied during the EIA process.

Chapter 1

BRIEF DESCRIPTION OF THE PROJECT

1. Summary of the project

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- Name of the project (investment project or construction investment project).

- Name and contact address of the project owner, methods of contact with the project owner; legal representative of the project owner; project execution schedule.

- Geographical location (coordinates in accordance with prevailing regulations, boundary, etc.) of the project. Describe natural and socio - economic impacts and other impacts of the project. Current management and use of land by the project.

- Objectives; scale; capacity; technology and type of the project.

1.2. Work items of the project

Enumerate quantities and scale of work items of the project in full and in detail, including the 3 following types:

- Main work items: main product production lines and main construction items of the project.

- Auxiliary work items of the project.

- Items of waste treatment works and environmental protection works: rainwater collection and drainage works; wastewater collection and drainage works; wastewater (domestic water, industrial water, etc.) treatment works; dust and emission treatment works; solid waste storage and treatment works; works serving environmental emergency prevention and response with respect to wastewater and emissions; works serving oil spill, fire and explosion response; works serving assurance of hydrological regime stability and minimum flow and ecological conservation (regarding a project affecting hydrology and ecology) and other environmental protection works.

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- Provide a detailed and specific description of current management and use of land of the area where the project is executed; conformity of the project location with regulations of law and relevant development planning.

1.3. Raw materials, fuels, materials and chemicals used for the project; sources of supply of electricity and water, and products of the project

Enumerate types of raw materials, fuels, materials and chemicals used; sources of supply of electricity and water, and products of the project. If the project uses imported scrap as raw production materials, clarify the demand and capacity for using scrap; ratio and volume of used scrap imported and purchased domestically, proposed volume of imported scrap when the project is put into operation according to the project's design capacity.

1.4. Production and operation technologies

Provide a detailed and specific description of the project’s production and operation technologies which are likely to adversely affect the environment, specify the bases for selecting such technologies with an illustrative diagram enclosed.

1.5. Construction methods

Provide a detailed and specific description of the methods and technologies for construction of work items which are likely to adversely affect the environment and specify the bases for selecting such methods and technologies.

1.6. Progress, total investment, project management and execution.

2. Summary of environmental issues

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2.2. Volume and nature of types of wastes generated from the project (if any):

- Volume and nature of wastewater and zones potentially affected by wastewater.

- Volume and nature of dust and emissions and zones potentially affected by dust and emissions.

- Volume and nature of normal industrial solid wastes.

- Volume and nature of hazardous wastes.

- Volume and nature of other wastes.

2.3. Other environmental impacts (if any):

- Narrowing space, transforming structure, functions and values of scenic landscape and natural landscape.

- Narrowing area, changing structure, functions and ecological services of natural ecosystems (wildlife sanctuaries, natural heritage sites, biodiversity corridors, high-biodiversity wilderness areas, important wetlands, natural forest ecosystems, coral reef ecosystems, seagrasses, aquatic life, etc.).

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- Other environmental impacts.

2.4. Works and measures for environmental protection:

- Wastewater collection and treatment systems: fully specify each wastewater treatment work item (drainage system inside and outside the project; system for collection and treatment of domestic and industrial wastewater, pipe cleaning and other special wastewater (if any), including: quantity, scale, capacity, operation technology and process; receiving water, standards and technical regulations with coefficients applicable to each source of wastewater, purposes of reusing treated wastewater (if any); automatic and continuous wastewater monitoring equipment coming with monitoring and surveillance cameras (if any).

- Dust and emission collection and treatment systems: fully specify each dust and emission treatment work (pipeline system, equipment for collecting and treating dust and emissions; synchronous equipment and technologies for treatment of dust and emissions; composite equipment or other treatment equipment), including: types, quantity, scale, capacity, operation technology and process; technological level (new, advanced, environmentally friendly); origin of technology (foreign or domestic); receiving water, standards and technical regulations with coefficients applicable to each emission source and area; purpose of reusing treated clean gas (if any); automatic and continuous emission monitoring equipment coming with monitoring and surveillance cameras (if any).

- Works and measures for collection, storage, management and treatment of normal industrial solid wastes: fully specify items of works for storage of normal industrial solid wastes and their basic technical specifications. Regarding works for treatment of normal industrial solid wastes, sufficiently specify the following information: quantity, scale, capacity, operation technology and process; plan to collect, store and treat normal industrial solid wastes or transfer them to a licensed entity for treatment (if any).

- Works and measures for collection, storage, management and treatment of hazardous wastes: fully specify items of works for storage of hazardous wastes and their basic technical specifications. Regarding works for treatment of hazardous wastes, sufficiently specify the following information: quantity, scale, capacity, operation technology and process; plan to collect, store and treat hazardous wastes or transfer them to a licensed entity for treatment (if any).

- Works and measures for collection, storage, management and treatment of other wastes (if any): fully specify items of works for storage of other wastes and their basic technical specifications. Regarding works for waste treatment, sufficiently specify the following information: quantity, scale, capacity and operation technology and process; plan to collect, store and treat wastes or transfer them to a licensed entity for treatment (if any).

- Measures for reducing noise, vibration and other types of pollution, fully specify items of works and measures for reducing noise, vibration and other types of pollution and their basic technical specifications. Regarding other works and measures for reducing noise, vibration and other types of pollution, sufficiently specify the following information: quantity, scale, methods and process for operation; standards and technical regulations applicable to each source of pollution (if any).

- Environmental improvement and remediation (regarding a mining project): specify main information about the environmental improvement and remediation scheme; list and volume of items undergoing environmental improvement and remediation; plan for environmental improvement and remediation; budget for environmental improvement and remediation (specify the deposits upon each deposit payment).

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- Works and measures for environmental emergency prevention and response: specify the environmental emergency prevention and response plan (for dust and emissions; wastewater; other hazardous substances) applicable to the project. If works for environmental emergency prevention and response are required, sufficiently specify the following information: quantity, scale, capacity and operation technology and process and technical requirements applicable to the works (if any).

- Other environmental protection measures (if any).

2.5. List of main environmental protection works of the project: clearly specify main environmental protection works of the project.

2.6. Environmental management and monitoring program of the project: specify monitoring contents, requirements, mechanism, frequency and parameters corresponding to each phase of the project.

2.7. Commitment by the project owner: (the project owner shall commit to truthfulness and accuracy of data; information about the project and environmental issues stated in the EIA report).

Chapter 2

NATURAL AND SOCIO - ECONOMIC CONDITIONS AND STATE OF THE ENVIRONMENT OF THE AREA WHERE THE PROJECT IS EXECUTED

2.1. Natural and socio - economic conditions (not compulsory for an investment project in the industrial park having followed environment-related procedures)

- Aggregate data (specify the sources of data used) on natural conditions of the area where the project is executed (hereinafter referred to as “the project area”), including geographical and geological data; climate and meteorological data; hydrographic and oceanographic data over at least the last 03 years.

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2.2. State of environmental quality and biological resources in the area potentially affected by the project

2.2.1. Data on environmental characteristics and biological resources

Aggregate collected data (specify the sources of data used) on the state of the environment and biological resources in the project area, clarifying the quality of environmental components likely to be directly affected by the project such as the air environment directly receiving the project's emissions, surface water, seawater, underground water and soil environment in the project's wastewater receiving area; data and information on terrestrial biodiversity that may be affected by the project; the distance from the project to the nearest ecologically sensitive areas; area of types of ​​forests (if any); the list and status of wild plant and animal species, including endangered, precious and rare priority protected species, endemic species in the area that may be affected by the project; data and information on marine biodiversity and coastal wetlands that may be affected by the project (data on biological resources is not mandatory for a project in the industrial park having followed environment-related procedures).

2.2.2. State of such environmental components as soil, water, air, etc.

Final results of measurement, sample analysis and assessment of the state of the environment in the project's wastewater receiving area shall be obtained through at least 03 surveys. The measurement, sample collection and analysis shall comply with technical procedures for environmental monitoring. Consolidate results to assess the conformity of the location selected for project execution with socio - economic characteristics of the project area; assess the state of environmental components in the project area prior to construction.

For a radiation-related project, for the purposes of this section, it is necessary to specify results of radiation monitoring, state assessment and preliminary analysis of causes. If the project’s wastewater is connected to the industrial park’s centralized wastewater collection and treatment system, the assessment of state of surface water and sediment is not required. The assessment of state of ambient air is only mandatory for a project that generates dust and emissions causing environmental pollution or project that uses the mathematical model of the spread of pollutants (if any).

2.2.3. State of biological resources

State of biodiversity and biological resources in the project area and area affected by the project (not mandatory for a project in the industrial park having followed environment-related procedures), including:

- Data and information on terrestrial biodiversity that may be affected by the project such as habitats, ecologically sensitive areas (inland wetlands, wildlife sanctuaries, biosphere reserves, world natural heritage sites inside and in the vicinity of the project area); the distance from the project to the nearest ecologically sensitive areas; area of types of forests (if any); the list and status of wild plant and animal species, including endangered, precious and rare priority protected species, and endemic species in the area that may be affected by the project (if any);

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Chapter 3

ASSESSMENT AND FORECASTING OF ENVIRONMENTAL IMPACTS OF THE PROJECT AND PROPOSED MEASURES AND WORKS FOR ENVIRONMENTAL PROTECTION AND ENVIRONMENTAL EMERGENCY RESPONSE

General principles:

- The assessment of environmental impacts of the project shall be carried out by stages of project execution and upon operation of the project (trial operation and commercial operation) and specified for each source of impact and each affected object. Proposed measures and works for environmental protection shall adhere to the environmental protection requirements relevant to each assessed object.

- Regarding a project on expansion of scale, increase in capacity or change of technology of a facility or industrial park that is operating, it is required to conduct general assessment of environmental impacts on the old facility or industrial park and of the scale expansion, capacity increase or technology change project.

3.1. Impact assessment and proposed environmental protection measures and works during stage of construction

3.1.1. Impact assessment and forecasting

The assessment and forecasting of environmental impacts during this stage shall focus on:

- Assessment of impacts on landscape and ecosystems;

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- Assessment of environmental impacts of land clearance;

- Extraction of building materials for the project (if covered by the project);

- Transport of building materials, machinery and equipment;

- Construction of work items of the project or activities aimed at executing the project (for the project that does not have construction works);

- Cleaning of pipes, manufacturing equipment and environmental protection works of the project (using chemicals, clean water, vapor, etc.).

Requirements:

- For each impact: determine its degree to forecast, assess and reduce main and peculiar impacts of the type and location of the project.

- For impact sources related to waste: concretize the volume, concentration and values of all waste parameters specific to the project and compare them with prevailing standards and technical regulations, concretize the spatial-temporal variations of wastes generated.

- For impact sources not related to wastes: specify the sources of impact and affected objects.

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- Regarding wastewater: specify the scale, capacity and technology of the domestic and industrial wastewater collection and treatment work (if any):

+ Each construction contractor’s domestic wastewater collection and treatment work, which must satisfy environmental technical regulations.

+ Works for collection and treatment of types of liquid wastes such as waste chemicals and chemicals used for pipe cleaning, which must satisfy environmental technical regulations.

- Regarding domestic wastes, construction wastes, normal industrial solid wastes and hazardous wastes: specify the scale, location and measures for environmental protection of the area where wastes are temporarily stored.

- Regarding dusts and emissions: works and measures for reducing dust and emissions during construction, which must satisfy environmental technical regulations.

- Regarding noise and vibration: works and measures for reducing noise and vibration.

- Regarding erosion, sedimentation and stormwater runoff (if any): specify the scale, location and measures for prevention of erosion and sedimentation, and control of stormwater runoff.

- Regarding impacts on biological resources (if any).

- Other environmental protection measures (if any).

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3.2.1. Impact assessment and forecasting

The impact assessment during this stage shall focus on 02 stages of trial operation and commercial operation. To be specific:

- Assess and forecast impacts of sources of wastes (solid wastes, hazardous wastes, dust, emissions, industrial wastewater, domestic wastewater, other types of solid wastes, noise, vibration, etc.). Each impact shall be concretized in terms of volume and values of all waste parameters specific to the project and compare them with prevailing standards and technical regulations. The spatial-temporal variations of wastes generated shall be also concretized.

- Assess and forecast impact sources not related to wastes: specify the sources of impact and affected objects;

- For a project on investment in the industrial park, assess impacts of wastes generated from the project on the current collection and treatment of wastewater in the industrial park; assess the receiving and treating capacity of the current wastewater treatment works of the industrial park with respect to the maximum volume of wastewater generated from the project.

3.2.2. Proposed environmental protection measures and works

General requirements: according to the results of impact assessment mentioned in 3.2.1 above, the project owner shall, according to each type of waste generated (with the volume and concentration of typical pollution parameters), propose appropriate treatment equipment and technologies (by enumerating and comparing them with the existing equipment and technologies) in accordance with environmental protection requirements.

a) Regarding wastewater treatment works (including works serving treatment of domestic and industrial wastewater and other types of liquid wastes):

- A detailed description of scale, capacity and operation process of, and chemicals and catalysts used by each wastewater treatment work;

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- Proposed location of and specifications for installation of automatic and continuous wastewater monitoring equipment (if the installation is mandatory).

b) Regarding dust and emission treatment works:

- A detailed description of scale, capacity and operation process of, chemicals and catalysts used by each dust and emission treatment work;

- Basic parameters of each item of and whole of the dust and emission treatment work, enclosed with a draft design drawing (see details in Appendix 2 of the report).

- Proposed location of and specifications for installation of automatic and continuous emission monitoring equipment (if the installation is mandatory).

c) Regarding works for storage and treatment of solid wastes (including domestic wastes, normal industrial solid wastes and hazardous wastes):

- A detailed description of scale, capacity and operation process of, and chemicals and catalysts used by each work serving waste management and treatment;

- Basic parameters of each item of and whole of the work serving waste management and treatment, enclosed with a draft design drawing (see details in Appendix 2 of the report).

d) Works for environmental emergency prevention and response with respect to wastewater and emissions (if the installation is mandatory):

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- Basic parameters of each item of and whole of the work for environmental emergency prevention and response, enclosed with a draft design drawing (see details in Appendix 2 of the report).

dd) Works for maintaining minimum flow regarding a hydropower or reservoir project.

e) Other works and measures for environmental protection and environmental emergency prevention and response (if any).

3.3. Operation of environmental protection works and implementation of environmental protection measures

- List of environmental protection works and measures of the project.

- Plan for construct and install environmental protection works, waste treatment equipment and automatic and continuous wastewater monitoring equipment.

- Plan to organize implementation of other environmental protection measures.

- Summary of estimate of budget for each environmental protection work and measures.

- Organizational machinery for management and operation of environmental protection works.

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Comment on the comprehensiveness and reliability of the results of assessment and forecasts of environmental impacts that may be created during the project execution.

For insufficiently reliable issues, objective and subjective reasons must be clearly stated (such as lack of information and data; outdated figures and data; self-created data and figures that are insufficiently accurate and reliable; insufficient or limited reliability of the assessment method; limited expertise of environmental assessment practitioners; other reasons).

Chapter 4

ENVIRONMENTAL IMPROVEMENT AND REMEDIATION PLANS

(Mandatory for mining projects only)

4.1. Selection of environmental improvement and remediation plans

- Depending on each type of mineral mining, impacts of mining on the environment and surrounding residential community, geological structure, mineral compositions and environmental quality of the area and post-mining land use planning (if any), every organization and individual must develop at least 02 feasible environmental improvement and remediation plans.

- Each environmental improvement and remediation plan shall contain the following contents:

+ Determining time and contents of partial performance of the environmental improvement and remediation work (during the mining process) for the work items of mines (auxiliary works, mine dumps, etc.) and mining areas (if the mining is carried out adopting the successive method, it is possible to perform the environmental improvement and remediation work for the area whose reserves are fully extracted);

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+ Describing measures, works, volume and budget for environmental improvement and remediation; making a mined area restoration map and presenting environmental renovation and remediation works;

- Assessing impacts on the environment, stability and safety of environmental improvement and remediation works (including impacts related to wastes and impacts not related to wastes such as landscape, ecology, subsidence, subsidence, landslide, waterproofing, groundwater lowering, cracks, environmental emergencies, etc.) and proposing measures for reducing such impacts.- Calculating “soil properties recovery indices” for the selected plans. On the basis of assessing and comparing “soil properties recovery indices”, advantages and disadvantages of the plans, select an optimal environmental improvement and remediation plan.

4.2. Contents of environmental improvement and remediation plan

Based on the selected environmental improvement and remediation plan, formulate contents, list and quantity of environmental improvement and remediation work items. To be specific:

- Design and calculate volume of tasks of main works for the purposes of environmental improvement and remediation.

- Design and calculate volume of work for the purposes of environmental improvement and remediation in a manner that fulfills the objectives and suits actual conditions.

- Design works for environmental emergency prevention and response for each stage during the process of environmental improvement and remediation.

- Draw up a table of environmental improvement and remediation works; volume of work performed by each stage and throughout the process of environmental improvement and remediation.

- Draw up a statistical table of equipment, machinery, materials, land and trees used during the process of environmental improvement and remediation by each stage and throughout the process of environmental improvement and remediation.

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- Organizational chart for environmental improvement and remediation.

- Schedule for environmental improvement and remediation and plan to supervise quality of works.

- Plan to organize assessment of environmental improvement and remediation for inspecting and confirming completion of contents of the environmental improvement and remediation plan.

- Measures for management and protection of environmental improvement and remediation works after inspection and confirmation.

Tabulate the schedule for environmental improvement and remediation using the form below:

No.

Name of work

Quantity/unit

Unit price

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Starting date

Ending date

Note

I

Mining area

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1

Improving mine bank, mine bottom, pit bank and pit bottom in zone A

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Grow tress in zone A

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4.4. Estimated budget for environmental improvement and remediation

a) Estimated costs of environmental improvement and remediation

Tabulate costs and schedule for operation of environmental improvement and remediation; quantity; unit price of each work item by each stage and total costs of environmental improvement and remediation on the basis of the latest norms and unit prices published by the local authority or corresponding ministries or market prices if the local authority has not published norms and unit prices.

b) Calculation of deposits and time of deposit payment:

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c) Deposit-receiving unit:

The organization and individual shall select a unit or organization to which they pay deposits for environmental improvement and remediation as prescribed by law.

Chapter 5

ENVIRONMENTAL MANAGEMENT AND MONITORING PROGRAM

5.1. Environmental management program of the project owner

 An environmental management program shall be established on the basis of the results obtained in Chapters 1 and 3 in the table below:

Stages of the project

Activities

Environmental impacts

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Budget for operation of environmental protection works and implementation of environmental protection measures

Starting date and ending date

Responsibility for implementation

Responsibility for supervision

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Construction

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5.2. Environmental monitoring program of the project owner

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- Carry out monitoring of wastewater and emissions: monitor the discharge and typical characteristics of sources of wastewater and emissions before and after treatment at least every 03 months; monitoring locations should be clearly described.

- Carry out monitoring of solid wastes: monitor the volume of solid wastes generated; identify and classify solid wastes generated for managerial purpose as prescribed, etc.

- Carry out automatic and continuous monitoring of wastewater and emissions and transmit data directly to the local Department of Natural Resources and Environment (in the case where the installation is mandatory).

- Carry out monitoring of the ambient environment: only applicable to the project’s activities that generate radioactive substances or several peculiar types at the request of the approving authority at least every 06 months; monitoring locations should be selected to ensure representativeness and clearly described.

- Carry out monitoring of other environmental issues (if the project may exert impacts): landslide, subsidence, erosion, sedimentation; change in surface water and underground water level, saltwater intrusion, alum intrusion, endangered and precious priority protected species in order to monitor spatial and temporal changes in such issues at least every 06 months.

Chapter 6

CONSULTATION RESULTS

I. COMMUNITY CONSULTATION

6.1. Summary of the community consultation process:

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6.1.1. Make a summary of the process of consultation with the commune-level People’s Committee and affected organizations: clearly describe the process of the community consultation that has been held and specify the number and date of issue of the requests for consultation sent by the project owner to the People’s Committee of the commune where the project is executed and affected organizations; number and date of issue of the written responses of the People’s Committee of the commune where the project is executed and affected organizations. If written responses of the affected commune-level People's Committee and affected organizations are not received, it is required to prove that requests for consultation have been sent to them but no written responses are received.

6.1.2. Make a summary of the process of consultation with the affected community: specify the cooperation between the project owner and the People’s Committee of the commune where the project is executed in presiding over the consultation with the affected community, and specify information about the participants in the consultation.

6.2. Community consultation results

6.2.1. Opinions of the commune-level People’s Committee and affected organizations: specify opinions of the commune-level People’s Committee and affected organizations about contents of the EIA report and attached propositions (if any).

6.2.2. Opinions of the representative of the affected community: briefly state the opinions about the contents of the EIA report presented by the project owner at the consultation; propositions of the residential community.

6.2.3. Responses and commitment of the project owner to the above propositions and requests of organizations and residential community: specify the accepted propositions and the project owner’s explanation for non-accepted propositions and requests of organizations and residential community; commitment of the project owner to the accepted propositions.

Note: Copies of requests for consultation and written responses of consulted organizations, copies of meeting minutes of consultation meetings with the affected community shall be attached to the Appendix of the EIA report.

II. CONSULTATION WITH EXPERTS AND SCIENTISTS (for projects specified in the Appendix IIa):

Clearly describe the process of consultation with scientists and experts in the operating field of the project and environmental experts through conferences and seminars; opinions of each scientist and expert; project owner’s responses and commitments to opinions of scientists and experts at the conferences and seminars.

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III. CONSULTATION WITH PROFESSIONAL ORGANIZATION ABOUT THE MODEL’S ACCURACY:

Describe the process of consultation with a professional organization about the model’s accuracy; opinions of the professional organization; responses and commitment of the project owner to such opinions.

The consultation with a professional organization about the model’s accuracy applicable to projects posing a risk of sedimentation, erosion or saltwater intrusion whose investment guidelines are decided by the National Assembly or the Prime Minister; projects that involve sea dumping of dredged materials with a total volume of at least 5,000,000 m³; projects that discharges at least 10,000 m³/24 hours of industrial wastewater (except where the wastewater is connected to the centralized wastewater treatment system and wastewater produced by the aquaculture projects) or at least 200,000 m³/hour of emissions.

CONCLUSION, PROPOSITIONS AND COMMITMENT

1. Conclusion: The project owner shall assert that the issues have been identified and the following has been assessed: the degree and scale of the determined impacts, peculiar environmental impacts to which special attention is paid during the project execution, especially main environmental impacts (presented in Chapter 1); the feasibility of measures to reduce adverse impacts, prevent and respond to environmental emergencies and risks; specify the adverse impacts to which reduction measures fail to be applied to since they are beyond the project owner's capacity and reasons therefor.  Specify the impacts that have yet to be forecasted and reasons therefor.

2. Propositions: propositions expressed to relevant authorities for handling of issues that are beyond the project owner’s capacity

3. Commitment to environmental protection: (the project owner shall undertake to implement measures and plans and provide resources for address the environmental issues mentioned in the EIA report; and take total responsibility for the preparation and implementation of the EIA report and all contents of the approval decision of the competent authority).

BIBLIOGRAPHY

(Only list the references used to make the EIA report)

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Attached to the Appendix I of the EIA report are the following documents: copies of legal documents related to the project; environmental background analysis reports; copies of documents relating to community consultation; copies of documents relating to consultation through workshops and (if any); copies of written comments of relevant professional organizations on the model’s accuracy (if any); pictures related to the project area (if any).

For a mining project, the following drawings are required: map showing location of mining area (1/5,000 or 1/10,000 scale); topographic map with (or without) the mine site's outcrop (1/1,000 or 1/2000 scale); map showing completion of every mining stage; map of general layout of mine (1/2,000 or 1/5000 scale) showing all work items and technical networks; map showing completion of mining (1/2,000 or 1/5000 scale); map of current state of the mine (1/2,000 or 1/5000 scale) showing all work items and technical networks; map showing the location of the area undergoing environmental improvement and remediation (1/5,000 or 1/10,000 scale); map showing environmental improvement and remediation by stages and years; mined area restoration map (1/1,000 or 1/2000 scale).

APPENDIX II

Attached to the Appendix II of the EIA report are conceptual design drawings or shop drawings of waste treatment works (for projects only requiring one-step design); environmental improvement and remediation works (if any).

Note:

- Depending on each specific project, additional contents may be included in or unnecessary contents not related to the environmental protection work may be removed from an EIA report but it is required to include the main contents and satisfy the requirements of the above EIA report.

- All citations should indicate the source.

APPENDIX V

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PROCEDURES FOR PRELIMINARY INVESTIGATION AND ASSESSMENT OF POTENTIALLY CONTAMINATED SITES

The preliminary investigation and assessment of a potentially contaminated site (hereinafter referred to as “site”) shall be carried out following the steps below:

1. Review documents relating to the site

a) Sources of information

- Current and past site owner(s) and user(s);

- Internet, archives of newspapers and other media;

- Archived documents;

- Reports related to the site.

b) Collected information

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+ Information about the site location: address; geographical location; height above sea level; boundaries, etc.;

+ Information about topographic, geological and hydrological conditions;

+ Information about climate conditions;

+ Information relating to the use of land at the site;

- General overview of socio - economic development activities that have been taking place at the site;

- Information relating to the historical uses of the site;

+ Information about the site owner;

+ Operating time;

- Maps of the site (cadastre map, map showing current use of land, socio-economic development planning, etc...);

...

...

...

2. Conduct preliminary survey on the site

a) Interview parties related to the site in order to gather information about the site and verify results of the document review. Interviewees include site owner(s) and manager(s); persons who used to work at the site; people living close to the site; experienced researchers in the site.

b) Conduct a quick survey on the site following the steps below:

- Interview parties related to the site in order to verify and add information gathered from the document review;

- Preliminarily determine potential sources of contamination;

- Preliminarily determine potential pathways for contamination: spreading through air, surface run-off, surface water, groundwater, physical contact with the contamination and uptake in the ecosystem, food web and human body;

- Preliminarily determine potential receptors for contamination: humans, animals (including cattle and poultry), fish and other aquatic organisms, vegetation and ecosystem.

c) Photograph the contaminated site;

d) Include illustrations of investigated information in the site map.

...

...

...

- Collect representative samples at 5 (five) different locations or more to analyze and determine concentration of residual contaminants in the Appendix 1 of this Circular to determine main residual contaminants. Samples shall be collected in accordance with prevailing regulations;

- Based on actual situation, select typical pollution parameters of the site to conduct an analysis.

4. Make a preliminary investigation and assessment report

A preliminary investigation and assessment report shall contain the abovementioned tasks.

Form No. 02

PROCEDURES FOR DETAILED INVESTIGATION AND ASSESSMENT OF RESIDUE-CONTAMINATED SITES

1. Preparation of detailed site survey plan:

According to the preliminary investigation and assessment, prepare a detailed site survey plan.

...

...

...

a) Plans for collecting missed information;

b) Plans for sampling and analyzing residual contaminants at the site to determine detailed information on type, extent and level of contamination;

c) Assigning personnel to conduct site survey, date of survey, necessary equipment and relevant parties.

2. Detailed site survey and investigation

a) Search for necessary information:

Conduct interviews, collect documents from relevant agencies, consolidate documents, questionnaires and statistics for necessary information.

b) Detailed survey on sources of contamination and pathways for contamination at the site

- According to the site survey plan, monitor, do stocktaking, measure, drill and take samples at locations where are supposed to contain sources of contamination and pathways for contamination to determine the extent and level of contamination. The number of samples taken for analysis at each location shall conform to prevailing regulations of law;

- In special cases where the initial plan needs to be changed, consult specialists/scientists and adjust the survey plan to suit actual conditions. Reasons for such adjustment or change shall be recorded in the investigation report;

...

...

...

- Identify causes for contamination (e.g, natural processes, human activities, environmental emergencies, etc.).

3. Draft a contaminated site layout map

A contaminated site layout map shall be drafted according results of the detailed investigation and assessment. The layout map shall completely show sources of contamination, pathways for contamination and receptors.

Draft the contaminated site layout map:

a) Determine the scale based on the actual size of the site. A site layout map shall be drawn at a large scale. Where it is deemed necessary to provide a more detailed description of receptors at the site but the selected scale does not allow such description, it is required to show it in other maps at a larger scale and noted in the site layout map.

b) Draw at least a cross-section of the site to illustrate receptors at the contaminated site, sources of contamination and pathways for contamination by depth;

c) Exactly present all sources of contamination, pathways for contamination (dimensions, toxicity and contaminants) and receptors (humans, fauna, flora, and ecosystem) determined through the survey and investigation in the layout map and cross-section;

d) Put a question mark where the survey result is questionable;

dd) Specify survey information (name of surveying organization/individual, date of survey) at the bottom right corner of the layout map;

...

...

...

4. Make a detailed investigation and assessment report

In addition to contents of the preliminary investigation and assessment report, the detailed investigation and assessment report shall include the abovementioned tasks.

Form No. 03

LIST AND OF RESIDUAL CONTAMINANTS AND ITS TOXICITY

No.

Contaminants/chemicals

Toxicity

No.

...

...

...

Toxicity

I

Heavy metal

14

Pretilachlor

TB - Medium

1

Arsenic (As)

...

...

...

15

Simazine

TB - Medium

2

Cadmium (Cd)

C - High

16

Trichlorfon

C - High

...

...

...

Lead (Pb)

C - High

17

Captan

C - High

4

Chrome (Cr)

TB - Medium

18

...

...

...

TB - Medium

5

Copper (Cu)

T - Low

19

Chlordimeform

TB - Medium

6

Zinc (Zn)

...

...

...

20

Isobenzen

C - High

II

Agrochemicals

21

Isodrin

C - High

...

...

...

Paration

C - High

22

Methamidophos

C - High

2

Benthiocarb

TB - Medium

23

...

...

...

C - High

3

Cypermethrin

C - High

24

Methyl Parathion

C - High

4

Cartap

...

...

...

25

SodiumPentachlorophenate monohydrate

C - High

5

Dalapon

C - High

26

Parathion Ethyl

C - High

...

...

...

Diazinon

TB - Medium

27

Pentachlorophenol

C - High

7

Dimethoate

C - High

28

...

...

...

C - High

8

Fenobucarb

TB - Medium

29

Polychlorocamphene

C - High

9

Fenoxaprop - ethyl

...

...

...

III

Persistent organic pollutants (POPs)

10

Fenvalerate

TB - Medium

1

Agrochemicals (POPs)

C - High

...

...

...

Isoprothiolane

TB - Medium

2

PCB

C - High

12

Metolachlor

TB - Medium

3

...

...

...

C - High

13

MPCA

C - High

4

Furan

C - High

WEIGHTED POINTS OF RESIDUAL CONTAMINATION INDICATORS

...

...

...

Elements

Weighted point

1. Toxicity of residual contaminants (N₁)

High (C)

24

Medium (TB)

16

Low (T)

4

...

...

...

50 times or more

24

From 10 - 50 times

16

From 1 - 10 times

8

3. Volume of contaminated soil exceeding intervention values specified in technical regulations (N₃)

Greater than 1000 m³

16

...

...

...

8

Less than 100 m³

4

4. Number of residual contamination parameters whose content exceeds intervention values specified in technical regulations (N₄)

5 parameters or more

16

2 - 4 parameters

10

Only one parameter

...

...

...

5. Area of the contaminated site (N₅)

1 ha or more

20

0.1 - 1 ha

8

Less than 0.1 ha

4

* Maximum point is 100.

...

...

...

DETAILED CONTENTS OF ENVIRONMENTAL IMPROVEMENT AND REMEDIATION PLAN

Chapter I. GENERAL INFORMATION:

1. Legal bases:

Specify legal documents and environmental technical regulations.

2. General information:

2.1. Introduction of the environmental improvement and remediation plan (name, location, etc.)

2.2. Introduction of main participants:

Specify name, main representatives/contact persons, telephone number and emails of investors, supervisory authority, executing organization, cooperating units, consultancies and beneficiaries, etc.

Chapter II. CURRENT STATUS OF THE CONTAMINATED SITE

...

...

...

1. Basic information of the contaminated site’s locality

Specify general information on natural and socio-economic conditions as follows:

1.1. Natural conditions

Briefly specify the following contents: topographic, geological and hydrological characteristics; soil properties in the contaminated site (including chemical and physical properties, main soil morphology and horizon); climate, weather; hydrological characteristics, especially characteristics of main surface runoff and aquifers.

1.2. Socio-economic conditions

Briefly specify the following contents: local population, especially number of households and people living in vicinity of the contaminated site; current use of land and land use planning, sanitary conditions, people’s health, and impacts of the contaminated site on community health;

2. Information about the contaminated site

2.1. Location: Specify address, geographical location, geographical coordinates, height above sea level, boundaries, current owner(s) and their main contact persons.

2.2. History: Specify date of operation, date of closure, activities conducted at the site; issues and complaints in relation to the activities of the contaminated site.

...

...

...

2.4. Maps and photos: Sketch maps; photos (panoramic images, photos of boundaries and main receptors, etc.).

3. Extent and level of contamination

3.1. Investigations and surveys:

Specify finished surveys:

a) Preliminary investigation and survey results (refer to Appendix 2 enclosed with this Circular);

b) Detailed investigation and survey results (refer to Annex 3 enclosed with this Circular);

c) Additional survey and assessment for zoning the contaminated area with high level of risk.

3.2. Zoning: Specify sources of contamination; extent of the contaminated site and sources of contamination (in both area and depth).

3.3. Environmental monitoring and analyzing results

...

...

...

Present analytical results (soil, bottom sediment, surface water and groundwater) in tables and compare them with prevailing environmental technical regulations and standards.

3.4. Contaminated site layout map

The layout map shall present the current contamination status of the contaminated site by specifying sources of residual contamination, pathways for contamination and receptors. The layout map shall present the floor plan and topographic longitudinal profiles.

3.5. Classification of level of contamination of the contaminated site: Give a description of methods for classification of level of contamination according 03 levels: high, medium and low.

Refer to Appendix 4 enclosed with this Circular for details.

3.6. Assessment of impacts of the contaminated site based on 3 factors: human health, environment, ecosystems and possibility of spreading contamination.

Chapter III. TECHNICAL ALTERNATIVES

1. Technical solutions

Different technical solutions for environmental improvement and remediation shall be applied to each receptor at the contaminated site. Technical solutions may be divided into the stages below:

...

...

...

- Inform receptors of status of the contaminated site;

- Isolate, seal and closed contaminated housing to prevent contact with contaminants;

- Restrict or prohibit use of soil and groundwater, or temporarily move receptors away from the contaminated site;

- Move receptors away from the contaminated site.

b) Measures for decontaminating sources of contamination and preventing spread of contamination:

- Conduct on-site decontamination, or unload or transport sources of contaminants to treatment facilities;

- Isolate sources of contamination and contaminated sites in the vicinity;

- Pump and treat groundwater (if any);

- Implement measures for isolating the sites where soil/bottom sediment is contaminated or measures for improving/remediating such sites;

...

...

...

c) Control measures after decontamination:

- Publicize, give and reiterate warnings of contaminated sites.

- Zone and isolate contaminated sites to prevent their impacts and contaminants from being released into ambient environment;

- Organize communication activities, raise awareness of related entities and communities in the vicinity of the contaminated sites to proactively prevent impacts of contamination;

- Periodically monitor the ambient environment quality and make environment quality information publicly available.

2. Comparison of technical alternatives

Tabulate technical alternatives to formulate and select an optimum technical solution for environmental improvement and remediation of the contaminated sites. A technical solution shall be determined according to the following criteria:

a) Degree of mitigation of risks;

b) The reliability of proposed techniques and/or technologies (impact on soil, groundwater and air during and after implementation of the plan, its efficiency, etc.);

...

...

...

d) Implementation duration;

dd) The feasibility in terms of techniques and technologies;

e) Other impacts if the technical alternative is implemented.

Select an optimum alternative (or a combination of multiple alternatives according to the receptors and seriousness of contamination) according to the abovementioned criteria.

Chapter IV. DESCRIPTION OF SELECTED TECHNICAL SOLUTION

1. Contents and decontamination plan:

1.1. Contents

Specify work items and workload according to specific projects, including:

a) Prevention, decontamination or removal sources of contamination;

...

...

...

c) Protection of receptors.

1.2. Decontamination plan

The decontamination plan shall depend on work items and environmental improvement and remediation methods, and shall include:

- Duration and schedule for execution of work items or selected technical solutions;

- Specify workload of each work items or technical solutions;

- Specify necessary equipment and workers;

- Assign units and personnel to manage and supervise execution of work items.

2. Environmental protection measures during environmental improvement and remediation

Identify negative impacts on the environment (soil, air, water, etc.) during the implementation of the plan from the stage of land clearance to stage of post-decontamination supervision and management.

...

...

...

CHAPTER V. CONTROL AND SUPERVISION DURING AND AFTER DECONTAMINATION

1. Decontamination supervision

Present technical quality control plan and methods during the implementation of the plan.

Identify environment impacts and occupational risks and propose mitigation measures.

2. Post-decontamination control

Control risks and manage works for environmental remediation if impacts of residual contaminants on health and environment have yet to be completely eliminated. To be specific:

a) Reiterate warnings of the contaminated site;

b) Disseminate information and raise awareness of related entities and communities in the vicinity of the contaminated site;

c) Maintain construction works for environmental improvement and remediation;

...

...

...

APPENDIX

Photos of the contaminated site: provide adequate photos, maps and detailed drawings which present sources of contamination, receptors and ambient environment. A consolidated record of opinions of affected residential communities.

APPENDIX VI

ENVIRONMENTAL PROTECTION REPORT

Part 1. Results of operation of works, environmental protection measures

1. Regarding environmental protection works in relation to wastewater

Wastewater treatment

- List of wastewater treatment works, including changes, if any;

...

...

...

- Results of operation of wastewater treatment system, connection of the wastewater treatment system to that of the industrial park or industrial cluster (with regard to facilities located in the industrial park or industrial cluster); based on monitoring results, analyzing effectiveness of the wastewater treatment system, parameters (if any) that exceed permissible limits specified in the regulation and remedial measures.

1.2. Wastewater monitoring results

- Consolidation of monitoring results obtained in each monitoring period (periodic monitoring, automatic and continuous monitoring);

1.2.1. Periodic wastewater monitoring

- Date of monitoring:

- Monitoring frequency: (specified in the environmental impact assessment report or environmental protection plan or equivalent).

- Monitoring locations, quantity of samples monitored:

Table 1. Locations of monitoring points

No.

...

...

...

Monitoring point number

Date of monitoring

Sampling location

Description of monitoring point

Longitude

Latitude

1

Area 1

...

...

...

Date/month/year

-

Monitoring point 1

106°08.4 65’

21°12.88 1’

E.g., at the sewer prior to discharge

...

...

...

Monitoring point 2

…

...

...

...

2

Area 2

...

...

...

-

Monitoring point 1

-

Monitoring point 2

...

...

...

…

...

...

...

- Monitoring parameters:

Table 2. List of monitoring parameters

No.

Composition of environment to be monitored

QCVN applied

1

Parameter ...

E.g., QCVN 40 column A; Kq = 1.1; Kf = 0.9

...

...

...

Parameter ...

- Assessment of monitoring results:

1) Assessing monitoring data and results obtained in each area, making a comparison according to the approved QCVN mentioned in the environmental impact assessment report or environmental protection plan or equivalent.

2) Making a list of monitoring points which have parameters that exceed permissible limits specified in the regulation and unusual issues, if any.

3) Tabulating results of each composition monitored.  The monitoring and analysis report certified by a monitoring unit shall be retained to serve the inspection and comparison when necessary.

Table 3. Monitoring results

No.

...

...

...

Sample number

Parameter group

Parameter group

Parameter

Parameter

Parameter

Parameter

Measurement unit

Measurement unit

...

...

...

Measurement unit

1

Point 1

Sample 01

Sample 02

...

...

...

…..

2

...

...

...

Sample 01

Sample 02

...

...

...

….

Value determined according to applicable QCVN/TCVN

...

...

...

Assessment of each monitoring area; parameters that exceed permissible limits and excess levels specified in the approved QCVN mentioned in the environmental impact assessment report or environmental protection plan or equivalent.

1.2.2. Automatic and continuous monitoring of wastewater

a) General information about the automatic and continuous wastewater monitoring system

- Location where the station is installed (coordinates and map of the location).

- Description of characteristics of monitored waste sources

- Frequency of data acquisition

- List of monitoring parameters, value of parameters determined according to QCVN to make a comparison with actual monitoring values.

- Information about calibration and verification of equipment: date and frequency of calibration and verification.

b) Status of the station

...

...

...

- Periods of time over which the automatic and continuous monitoring system is suspended

- Levels of adequacy of monitoring results

Table 4. Monitoring data

Parameters

Parameter 1

Parameter 2

Parameter 3

...

...

...

...

...

Monitoring values obtained

...

...

...

Error/unusual monitoring values

Ratio of data obtained in comparison with designed values (%)

...

...

...

Ratio of error/unusual values compared with values obtained (%)

...

...

...

- Designed monitoring value: e.g., if the data acquisition frequency is 5 minutes/time, the designed values obtained in 1 hour and 1 day is 60/5=12 values and 12x24= 288 values respectively.

- Monitoring values obtained: values actually obtained.

- Error/unusual values: values obtained during monitoring equipment error/damage period.

Table 5. Incidents occurring at stations and remedial measures

Name of incident

Date

Causes and remedial measures taken

Incident 1

...

...

...

Incident 2

...

...

...

- Calculating 1-hour monitoring values (regarding parameters with the data acquisition frequency of less than 1 hour).

- Comparing 1-hour monitoring values with those specified in QCVN (regarding parameters specified in QCVN).

- Enumerating days on which the 1-hour mean value exceeds the limit specified in QCVN.

- Providing explanation for unusual increase in monitoring values.

- Aggregating 1-hour mean values that exceed the limits specified in QCVN (according to each parameter)

Table 6. 1-hour values exceeding limits specified in QCVN

Parameters

Number of days on which the 1-hour mean value exceeds limit specified in QCVN

1-hour mean value exceeding limit specified in QCVN

...

...

...

Parameter 1

Parameter 2

...

...

...

…

Note: The ratio of 1-hour mean value exceeding the limit specified in QCVN equals 1-hour mean value divided by (:) total 1-hour mean value obtained.

d) Conclusion:

- Assessment of levels of adequacy of data obtained

...

...

...

2. Regarding environmental protection works in relation to gases

2.1. Gas treatment

- List of gas treatment works, including changes, if any;

- Total flow of gas generated;

- Results of operation of the gas treatment system: based on monitoring results, analyzing effectiveness of the gas treatment system, parameters (if any) that exceed permissible limits specified in the regulation and remedial measures.

2.2. Gas monitoring results

- Consolidation of monitoring results obtained from each monitoring (periodic monitoring, automatic and continuous monitoring);

2.2.1. Periodic gas monitoring

- Date of monitoring:

...

...

...

- Monitoring locations, quantity of samples monitored:

Table 1. Locations of monitoring points

No.

Name of monitoring point

Monitoring point number

Date of monitoring

Sampling location

Description of monitoring point

Longitude

...

...

...

1

Area 1

Point 1

Date/month/year

-

Monitoring point 1

...

...

...

106°08.4 65’

21°12.88 1’

E.g. at the stack… of the factory

-

Monitoring point 2

...

...

...

…

2

Area 2

...

...

...

-

Monitoring point 1

...

...

...

-

Monitoring point 2

…

...

...

...

- Monitoring parameters:

Table 2. List of monitoring parameters

No.

Composition of environment to be monitored

...

...

...

1

Parameter ...

E.g., QCVN 51:2017/BTNMT column A2; Kp = 1; Kv = 0.6

2

Parameter ...

- Assessment of monitoring results:

1) Assessment of monitoring data and results obtained in each area, making a comparison according to the approved QCVN mentioned in the environmental impact assessment report or environmental protection plan or equivalent.

...

...

...

3) Tabulating results of each composition monitored. The monitoring and analysis report certified by a monitoring unit shall be retained to serve the inspection and comparison when necessary.

Table 3. Monitoring results

No.

Monitoring point number

Sample number

Parameter group

Parameter group

Parameters

Parameters

...

...

...

Parameters

Measurement unit

Measurement unit

Measurement unit

Measurement unit

1

Point 1

Sample 01

...

...

...

Sample 02

…

...

...

...

2

Point 2

Sample 01

...

...

...

….

...

...

...

- Conclusion:

Assessment of each monitoring area; parameters that exceed permissible limits and excess levels specified in the approved QCVN mentioned in the environmental impact assessment report or environmental protection plan or equivalent.

2.2.2. Automatic and continuous monitoring of gases

a) General information about the automatic and continuous gas monitoring system

- Location where the station is installed (coordinates and map of the location).

- Description of characteristics of monitored waste sources

...

...

...

- List of monitoring parameters, value of parameters determined according to QCVN to make a comparison with actual value.

- Information about calibration and verification of equipment: date and frequency of calibration and verification.

b) Status of the station

- Breakdowns of the automatic and continuous monitoring system, causes thereof and remedial actions

- Periods of time over which the automatic and continuous monitoring system is suspended

- Levels of adequacy of monitoring results

Table 4. Monitoring data

Parameters

Parameter 1

...

...

...

Parameter 3

...

...

Designed monitoring values

...

...

...

Error/unusual monitoring values

...

...

...

Ratio of data obtained in comparison with designed values (%)

Ratio of error/unusual values compared with values obtained (%)

...

...

...

Note:

- Designed monitoring values: e.g., if the data acquisition frequency is 5 minutes/time, the designed values obtained in 1 hour and 1 day is 60/5=12 values and 12x24= 288 values respectively.

- Monitoring values obtained: values actually obtained.

- Error/unusual values: values obtained during monitoring equipment error/damage period.

Table 5. Incidents occurring at stations and remedial measures

Name of incident

...

...

...

Causes and remedial measures taken

Incident 1

Incident 2

...

...

...

c) Assessment of monitoring results

- Calculating 1-hour monitoring values (regarding parameters with the data acquisition frequency of less than 1 hour).

- Comparing 1-hour monitoring values with those specified in QCVN (regarding parameters specified in QCVN).

...

...

...

- Providing explanation for unusual increase in monitoring values.

- Aggregating 1-hour mean values that exceed the limits specified in QCVN (according to each parameter)

Table 6. 1-hour values exceeding limits specified in QCVN

Parameters

Number of days on which the 1-hour mean value exceeds limit specified in QCVN

1-hour mean value exceeding limit specified in QCVN

Ratio of 1-hour mean value exceeding limit specified in QCVN (%)

Parameter 1

...

...

...

Parameter 2

...

...

...

Note: The ratio of 1-hour mean value exceeding the limit specified in QCVN equals 1-hour mean value divided by (:) total 1-hour mean value obtained.

d) Conclusion:

- Assessment of levels of adequacy of data obtained

- Parameters that exceed permissible limits; excess time compared with that in corresponding QCVN on gases corresponding to each business line.

3. Regarding management of solid waste

Making a list of waste generated (if more than one facility generates domestic solid wastes and ordinary industrial solid wastes, each facility shall make a specific list)

...

...

...

No.

Domestic solid wastes

Quantity (kg)

Organizations/Individuals receiving domestic solid wastes

Note

1

...

...

...

3

Total quantity

Ordinary industrial solid wastes (including those generated regularly and irregularly):

No.

Ordinary industrial solid wastes

Quantity (kg)

...

...

...

Note

1

Directly used as materials for production

2

To be treated

...

...

...

3

Hazardous wastes (including those generated regularly and irregularly):

Name of waste

Hazardous waste code

...

...

...

Treatment method ⁽ⁱ⁾

Organizations/Individuals receiving hazardous wastes

Note

(names of hazardous wastes and hazardous waste management method codes)

E.g., For re-use; export; co-processing, etc.

...

...

...

Total quantity

...

...

...

⁽ⁱ⁾ Specify code of the treatment method applied to each hazardous waste: TC (Tận thu/tái chế) (“Recovery/Recycling”); TH (Trung hòa) (“Neutralization”); PT (Phân tách/chiết/lọc/kết tủa) (“Separation/extraction/filtration/precipitation”); OH (Oxy hóa) (“Oxidation”); SH (Sinh học) (“Biology”); ĐX (Đồng xử lý) (“Co-processing”); TĐ (Thiêu đốt) (“Incineration”); HR (Hóa rắn) (“Solidification”); CL (Cô lập/đóng kén) (“Isolation/Clamping”); C (Chôn lấp) (“Burial”); TR (Tẩy rửa) (“Cleaning”); SC (Sơ chế) (“Preliminary processing”); Other (specify name of the method).

a1) Imported hazardous wastes (if any):

Name of waste

Hazardous waste code

Basel code

Quantity (kg)

Cross-border transport company

Foreign treatment facility

...

...

...

(name and address)

(name and address)

Total quantity

...

...

...

a²) Hazardous wastes that are self-reused, preliminarily processed, recycled, treated or co-processed, energy recovery from hazardous wastes within the facility producing hazardous wastes (if any):

Name of waste

Hazardous waste code

Quantity (kg)

Method for self-reuse, preliminary processing, recycling, treatment or co-processing of hazardous wastes or energy recovery from hazardous wastes

...

...

...

Total quantity

- Hazardous waste management plan for the next reporting period (except for the case where the waste source owner has operated for less than 01 year):

- Results of monitoring of sewage sludges and solid wastes containing 1-star hazardous hazardous constituents (if any)

4. Results of remedial actions taken as requested by the inspecting authority and competent authority (if any)

Part 2. Collection, transport and treatment of domestic solid wastes, ordinary industrial solid wastes, hazardous wastes¹

...

...

...

A. General

- Quantity of domestic solid wastes collected and transported:

- Information about facilities producing domestic solid wastes that transfer domestic solid wastes:

No.

Name of facility

Quantity (kg)

Note

1

...

...

...

2

Total quantity

...

...

...

No.

Name of owner of domestic solid waste treatment facility

Quantity (kg)

Note

1

2

...

...

...

Total quantity

B. Regarding ordinary industrial solid wastes

- Quantity of ordinary industrial solid wastes collected and transported:………………...

- Information about organizations transferring ordinary industrial solid wastes:………….

...

...

...

Name of organization

Quantity (kg)

Note

1

2

...

...

...

Total quantity

...

...

...

No.

Name of owner of ordinary industrial solid waste treatment facility

Quantity (kg)

Note

1

2

...

...

...

Total quantity

...

...

...

2. Regarding owners of treatment facilities

2.1 List of treated wastes

A. Regarding domestic solid wastes

Quantity of treated domestic solid wastes

Name of waste

Quantity (kg)

Treatment method

Note

...

...

...

(specify corresponding treatment facilities if there is more than one facility; or for export, reuse, etc.; or untreated)

Total

Information about waste source owners, owners of domestic solid waste collection/transport establishments

No.

Name of waste source owner/Owner of domestic solid waste collection/transport establishment

...

...

...

Note

1

..

Total quantity

...

...

...

Quantity of ordinary industrial solid wastes to be managed:

No.

Ordinary industrial solid wastes

Quantity (kg)

Treatment method

Note

1

Directly used as materials for production

...

...

...

Transferred to an appropriate production establishment

2

Preliminarily processed as production materials or co-processed

Classified, preliminarily processed, reused, treated, etc.

3

To be treated………

...

...

...

Burned, incinerated

Information about collected ordinary industrial solid waste source owners:

No.

Name of waste source owner

Quantity (kg)

Note

1

...

...

...

Total quantity

Information about ordinary industrial solid waste collection/transport establishment owners that transfer ordinary industrial solid wastes (if any):

No.

Name of owner

Quantity (kg)

Note

...

...

...

Total quantity

Results of supervision of treatment and assessment of effectiveness in treatment of ordinary industrial solid wastes and other issues (environmental pollution control and environmental protection; emergency preparedness and response; occupational safety and health protection; periodic training):

C. Regarding hazardous wastes

...

...

...

Name of waste

Hazardous waste code

Quantity (kg)

Treatment method ⁽ⁱ⁾

Note

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Total quantity

⁽ⁱ⁾ Except for the case where the owner of the hazardous waste transport establishment prepares the report, specify code of the treatment method applied to each hazardous waste: TC (Tận thu/tái chế) (“Recovery/Recycling”); TH (Trung hòa) (“Neutralization”); PT (Phân tách/chiết/lọc/kết tủa) (“Separation/extraction/filtration/precipitation”); OH (Oxy hóa) (“Oxidation”); SH (Sinh học) (“Biology”); ĐX (Đồng xử lý) (“Co-processing”); TĐ (Thiêu đốt) (“Incineration”); HR (Hóa rắn) (“Solidification”); CL (Cô lập/đóng kén) (“Isolation/Clamping”); C (Chôn lấp) (“Burial”); SC (Sơ chế) (“Preliminary processing”); Other (specify name of the method).

C2. Information about waste source owners that transfer hazardous wastes:

Name of waste source owner

Hazardous waste management method code

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Note

Total quantity

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Name of hazardous waste treatment facility owner

Hazardous waste management method code

Quantity (kg)

Note

Total quantity

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C4. Information about hazardous waste treatment facility owners or hazardous waste treatment facility owners that receive hazardous wastes for treatment:

Name of hazardous waste treatment facility owner

Hazardous waste management method code

Quantity (kg)

Note

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Total quantity

2.2. Reporting of supervision of treatment and assessment of effectiveness in treatment of domestic solid wastes, ordinary industrial solid wastes and hazardous wastes;

2.3. Reporting of environmental pollution control and environmental protection; emergency preparedness and response; occupational safety and health protection; periodic training;

Part 3. Management of imported scraps²

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1. Import and use of scraps imported during the year

Shipments of imported scraps

Date of import

Quantity of scraps imported

Border checkpoint of import

Bonds on scraps

Refund/use of bonds

1. Scraps…

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Shipment 1

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Total

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Used

2. Scraps…

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2. Imported scrap warehouses/storage areas: in addition to the use and management of imported scrap warehouses/storage areas, it is required to report changes and adjustments.

3. Production and recycling of scraps.

4. Assessment certificate of quality of shipments granted customs clearance in case of exemption from inspection (except for the contents mentioned in specific sections)

Part 4. Environmental improvement and remediation upon mineral mining³

- Environmental improvement and remediation items constructed during the reporting period;

- Environmental improvement and remediation items completed during the reporting period;

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1 Only applicable to owners of domestic solid waste/ordinary industrial solid waste/hazardous waste collection/transport/treatment establishments

2 Only applicable to establishments that use imported scraps as production materials

3 Only applicable to organizations and individuals mining minerals

Thông tư 25/2019/TT-BTNMT hướng dẫn Nghị định 40/2019/NĐ-CP sửa đổi nghị định hướng dẫn Luật bảo vệ môi trường và quy định quản lý hoạt động dịch vụ quan trắc môi trường do Bộ trưởng Bộ Tài nguyên và Môi trường ban hành