Chương 2 Nghị định 27/2013/NĐ-CP: Điều kiện cấp giấy chứng nhận đủ điều kiện hoạt động dịch vụ quan trắc môi trường

Chapter 2.

CONDITION FOR GRANTING CERTIFICATE OF ELIGIBILITY FOR ENVIRONMENTAL SURVEY SERVICE ACTIVITY

Article 5. Certificate of eligibility for environmental survey service activity

1. The Certificate of eligibility for environmental survey service activity is granted to the organizations performing the field survey activity when they meet the conditions specified in Article 9 of this Decree.

2. The Certificate of eligibility for environmental survey service activity is granted to the organization performing the environmental survey service activity when they meet the conditions specified in Article 10 of this Decree.

3. The Certificate of eligibility for environmental survey service activity is valid for 36 months from the granting date and may be renewed several times, each extension not exceeding 36 months.

Article 6. Content of Certificate

1. The Certificate of eligibility for environmental survey service activity has the following main contents:

a) Name of organization, address and the head of the organization;

b) Areas and scope of certificate;

c) Issue date and validity of Certificate;

d) Agency granting Certificate.

2. The Ministry of Natural Resources and Environment shall specify the form of Certificate.

Article 7. Competence of the state agency in appraisal of conditions for environmental survey service activity; granting, renewal and modification of content, re-granting, suspension of validity, revocation and cancellation of the Certificate of eligibility for environmental survey service activity

1. The Ministry of Natural Resources and Environment has the competence to grant, renew, modify contents, re-grant, suspend validity, revoke, and cancel the Certificate of eligibility for environmental survey service activity;

2. The Ministry of Natural Resources and Environment stipulates in detail the appraisal of environmental survey service activity as specified in Article 9 and 10 of this Decree.

Article 8. Fee and charge to certify the eligibility for environmental survey service activity;

1. Organization requesting the certification of eligibility for environmental survey service activity shall pay fee for appraising the conditions for environmental survey service activity and pay charge in case of granting, renewal, modification of content and re-granting of Certificate as prescribed by law.

2. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Natural Resources and Environment to stipulate the fee for appraisal of conditions for environmental survey service activity and charge for granting, renewal, modification of contents and re-granting of certificate of eligibility for environmental survey service activity as prescribed by law.

Article 9. Conditions for granting Certificate of eligibility for environmental survey service activity in the area of field survey.

Organization granted with Certificate of eligibility for environmental survey service activity in the area of field survey must meet the following conditions:

1. Having decision on establishment or Certificate of technology and science operation or Certificate of business registration or Certificate of investment granted by the competent state management agencies in which there is environmental survey activity.

2. Have qualified personnel to perform the field survey activity in accordance with the following provisions:

a) The head of organization must have university degree or higher;

b) Having adequate number of officials performing the field survey activity according to the environmental components and surveying parameters proposed for certification;

c) There must be a person directly responsible for field monitoring team with university degree or higher with one of the speciality of environment, chemistry, biology, forestry, pedology, nuclear physics, radiation, geography, geology with a minimum of 24 month experience in the field of environmental surveying;

d) Official performing the field survey must have at least elementary level corresponding to the primary scale of surveyor of environmental resources. The number of official with primary level does not account for no more than 30% of surveying staff at the field.

3. Having sufficient equipment and material facilities to perform the field survey activity in accordance with the following regulations:

a) Having the equipment, tools and chemicals sufficient to carry out the sampling, sample preservation and measurement, testing and analysis at the field of environmental components, environmental surveying parameters proposed for certification by proper method specified by the Ministry of Natural Resources and Environment;

b) There is a process of preservation, safe use, maintenance and testing, calibration of equipment as prescribed by the competent state agencies or specified by manufacturers.

c) Having process of use and operation of all equipment of sample taking and preservation, measurement, testing and analysis at the field;

d) Fully equipped with means of protection and labor safety for official upon performance of field survey.

e) Having head office with sufficient area for the assurance of quality of field survey and management of data and result of survey.

Article 10. Conditions for granting Certificate of eligibility for environmental survey service activity in the area of environmental analysis

The organization granted with Certificate of eligibility for environmental survey service activity must meet the following prescribed conditions:

1. Having decision on establishment or Certificate of technology and science operation or Certificate of business registration or Certificate of investment granted by the competent state management agencies in which there is environmental survey activity.

2. Have qualified personnel to perform the environmental analysis activity in accordance with the following provisions:

a) The head of organization must have university degree or higher;

b) Having adequate number of appropriately trained officials performing the tasks within the scope of the environmental analysis proposed for certification;

c) The laboratory manager must have a university degree or higher with one of speciality of environment, chemistry, biology, forestry, pedology, nuclear physics, radiation, geography, geology with a minimum of 5-year experience for university degree, 3-year experience for master degree and 2-year experience for doctoral degree in the field of environmental analysis;

d) The leader of environmental analysis team must have university degree or higher with one of speciality of environment, chemistry, biology, forestry, pedology, nuclear physics, radiation with a minimum of 18-month experience in the area of environmental analysis proposed for certification or be able to use a minimum intensive equipment of the lab fluently;

e) The official in charge of quality assurance and control of lab quality must have university degree or higher with with one of speciality of environment, chemistry, biology, forestry, pedology, nuclear physics, radiation with a minimum of 3-year experience in the area of environmental analysis

g) The lab official, excluding the lab manager, leader of analysis team, official in charge of quality assurance and control of lab quality must have intermediate level or higher and are trained in the area of environmental analysis proposed for certification.

3. Having sufficient equipment and material facilities to perform the environmental analysis activity in accordance with the following regulations:

a) Having the equipment, tools and chemicals sufficient to analyze environmental parameters of environmental components proposed for certification of precision by method of analysis specified by the Ministry of Natural Resources and Environment;

b) Having preservation processes, safe use, maintenance and inspection, calibration of analytical equipment as prescribed by the competent State agencies or specified by the manufacturer;

c) Having process of use and operation of all environmental analysis equipment;

d) Fully equipped with means of protection and labor safety for official upon environmental analysis.

e) Having process of preservation, chemical use, measurement standards, standard sample and processing and analyzed sample storage in accordance with the competent state agencies or specified by the manufacturer;

g) Having head office with sufficient area to ensure the quality of environmental analysis and to ensure the good maintenance of laboratory environmental conditions (light, power, humidity, temperature, sterilization, ventilation mode) on the requirement of the analysis stipulated by competent state agencies or required by the manufacturer;

h) Having measures to ensure industrial hygiene, fire prevention and fighting and safety and strict adherence to the collection, laboratory waste disposal in accordance with law.

Article 11. Change of condition for environmental survey service activity

1. When there is any change relating to the conditions specified in Article 9 and Article 10 of this Decree, the organization must notify in writing to the Ministry of Natural Resources and Environment within 60 days from the time of change.

2. Within 15 working days after receiving the written notice of organization, the Ministry of Natural Resources and Environment shall consider. In case the organization no longer meets the conditions as prescribed, the granted Certificate shall be revoked or cancelled as prescribed in Clause 2, Article 17 of this Decree.