Chương II Nghị định 127/2014/NĐ-CP: Điều kiện cấp giấy chứng nhận đủ điều kiện hoạt động dịch vụ quan trắc môi trường

Chapter II

REQUIREMENTS FOR ELIGIBILITY FOR ENVIRONMENTAL MONITORING SERVICE LICENSING

Article 4. Environmental monitoring service certificate

1. Environmental monitoring service certificate will be granted to an organization that carries out field/ site monitoring activities once it meets the requirements defined in Article 8 herein.

2. Environmental monitoring service certificate will be granted to an organizations that carries out environmental analyses once they meet the requirements defined in Article 9 herein.

3. An environmental monitoring service certificate will be valid for 36 months since the issuance date and may be extended multiple times, not over 36-month validity each.

Article 5. Content of the Certificate

1. An environmental monitoring service certificate contains the following key information:

a) Name of organization, address, the leader;

b) Field and scope of activities indicated in the Certificate;

c) Issuance date and validity of the Certificate;

d) Issuing authorities.

2. The template of Environmental Monitoring Service Certificate is specifically regulated by the Ministry of Natural Resources and Environment.

Article 6. Competence of related governmental authorities regarding evaluation of eligibility for environmental monitoring services; issuance, validity extension, business scope modification, re-issuance, temporary validity suspension, revocation and cancellation of an environmental monitoring service Certificate

1. The Ministry of Natural Resources and Environment is entitled to grant, extend, modify the business scope, re-issue, temporarily suspend the validity of, revoke and cancel the environmental monitoring service certificates.

2. The Ministry of Natural Resources and Environment will promulgate detailed regulations on the evaluation of eligibility for environmental monitoring services as defined in Articles 8 and 9 herein.

The Ministry of Natural Resources and Environment will promulgate detailed regulations on the evaluation of the requirments for environmental monitoring services as defined in Articles 8 and 9 herein.

Article 7. Fees and charges for environmental monitoring service licensing

1. An organization requesting for environmental monitoring service licensing shall pay the evaluation fee regarding eligibility for environmental monitoring services and an additional fee in case of being granted with an environmental monitoring service Certificate, having the Certificate extended, modified on business scope and re-issued in accordance with related laws.

2. The Ministry of Finance, taking the lead, will cooperate with the Ministry of Natural Resources and Environment to stipulate the evaluation fees regarding eligibility for environmental monitoring services and the fees for issuing, extending the validity of, modifying the business scope of and re-issuing the environmental monitoring service Certificates in accordance with related laws.

Article 8. Requirements for eligibility for environmental monitoring service Licensing with regard to site/ field monitoring

An organization eligible for environmental monitoring service Licensing in the field of site/ field monitoring shall meet the following requirements:

1. Granted with company establishment Decision or scientific and technological activity Certificate or business registration Certificate or investment Certificate issued by the competent governmental authorities, which covers environmental monitoring activities.

2. Eligible in terms of personnel for carrying out environmental monitoring activities as detailed hereunder:

a) The organization leader holds university degree or higher;

b) Adequate work force to carry out site/ field environmental monitoring activities with regard to the environmental components and monitoring parameters to be certified;

c) Assigned leader of the site/ field environmental monitoring team who holds university degree or higher and specializing in either environment, chemistry, biology, forestry, pedology, nuclear physics, radiation, geography or geology and has at least 24-month experiences in environmental monitoring;

d) The site/ field monitoring operators will be accordingly qualified at primary level, holding the primary monitoring rank on natural resources; not over 30% of whom are at primary level.

3. Eligible in terms of equipment, monitoring methodology and material facilities to carry out the site/ field environmental monitoring activities as regulated hereunder:

a) Adequate equipment, utilities and chemicals for on-site sampling, sample protection and measurement, testing, analyses of environmental monitoring parameters of the environmental components to be certified, with guaranteed precision and in accordance with the methodology regualted by the Ministry of Natural Resources and Environment;

b) Available process for equipment protection, safe use, maintenance, inspection and calibaration in accordance with the regulations of the competent governmental authorities or manufacturers;

c) Available process for sampling equipment use and/or operation, on-site sample protection and measurement, testing and/or analyses;

d) Well-equipping the workers with labor protection and safety utilities for their on-site monitoring work;

dd) Established office and adequate particular area to ensure the quality of on-site monitoring work and management of monitoring data and/or results.

Article 9. Requirents for eligibility for environmental monitoring service Licensing with regard to environmental analysis

An organization eligible for environmental monitoring service Certification in the field of environmental analysis shall meet the following regulated requirements:

1. Granted with company establishment Decision or scientific and technological activity Certificate or business registration Certificate or investment Certificate issued by the competent governmental authorities, which covers environmental monitoring activities.

2. Eligible in terms of personnel for carrying out environmental analysis activities as detailed hereunder:

a) The organization leader holds university degree or higher;

b) Adequate work force to carry out environmental analysis activities with regard to the environmental components and analysis parameters to be certified;

c) The laboratory manager holds university degree or higher, majoring in either chemistry, environment, biology, pedology, nuclear physics, radiation, geography or geology and has at least 5-year, 3-year, 2-year experiences in case of university, master degree, doctorate degree holder, respectively, in environmental analysis;

d) The leader of the environmental analysis team holds a degree at least higher than university degree, majoring in either chemistry, environment, biology, pedology, nuclear physics, radiation, geography or geology and has at least 18-month experiences in the environmental analysis fields to be certified or is capable of proficient use of at least one specialized equipment of the laboratory.

dd) The staff in charge of quality and quality control of the laboratory holds university degree or higher, majoring in either chemistry, environment, biology, pedology, nuclear physics or radiation and has at least 3-year experiences in environmental analysis;

e) The laboratory analyst, except the laboratory manager, leader of the analysis team and the staff in charge of quality and quality control are all qualified at intermediate level or higher, trained on the environmental analysis fields to be certified.

3. Eligible in terms of equipment, methodology and material facilities to carry out environmental analysis activities as detailed hereunder:

a) Adequate equipment, utilities and chemicals to carry out sample processing, environmental parameter analyses related to the environmental components to be certified, with guaranteed precision and following the analytical method as regulated by the Ministry of Natural Resources and Environment;

b) Available process for analytical equipment protection, safe use, maintenance, inspection and calibaration in accordance with the regulations of the competent governmental authorities or manufacturers;

c) Available process on the use and/or operation of all environmental analytical equipment;

d) Well-equipping the environmental analysts with labor protection and safety utilities;

dd) Available process on the protection and/or use of chemicals, measurement-based samples, standard samples and the process for analytical sample processing and/or storage in accordance with the regulations issued by the competent governmental authorities or manufacturers;

e) Established office, with adequate particular area to ensure the quality of environmental analyses and proper maintaining of laboratory ambient conditions (lighting, power source, moisture, temperature, sterilization, ventilation) in accordance with the analysis methodology regulated by the competent governmental authorities or manufacturers;

g) Available measures related to industrial hygiene, fire safety and extinguishment, and strict adherance to laboratory waste collection, management and treatment in accordance with related legal regulations.

Article 10. Modification of environmental monitoring service activities

1. In case of any modification related to the requirements stated in Article 8 and 9 herein, related organization shall notify the Ministry of Natural Resources and Environment in writing within 60 days since the modification day.

2. Within 15 working days since the receiving date of the written notification sent by related organization, the Ministry of Natural Resources and Environment will consider the case; in case the organization can no longer meet the regulated requirements, the issued Certificate will be revoked and/or cancelled as defined in Clause 2 of Article 16 herein.