Chapter II
ENVIRONMENTAL COMPONENTS AND NATURAL HERITAGE PROTECTION
Section 1. WATER PROTECTION
Article 4. Assessment of carrying capacity of surface water environment
1. The assessment of the carrying capacity of surface water environment of rivers and lakes shall comply with regulations of Circular No. 76/2017/TT-BTNMT dated December 29, 2017 of the Minister of Natural Resources and Environment on assessment of the capacity for wastewater receiving and carrying capacity of water sources of rivers and lakes (hereinafter referred to as “Circular No. 76/2017/TT-BTNMT”) and Article 82 of this Circular.
2. The carrying capacity of the surface water environment is the capacity for receiving wastewater and carrying of water sources of rivers and lakes according to regulations of Circular No. 76/2017/TT-BTNMT.
Article 5. Groundwater protection
1. The groundwater protection in the process of survey and extraction shall be comply with regulations of Circular No. 75/2017/TT-BTNMT dated December 29, 2017 of the Minister of Natural Resources and Environment on groundwater protection in drilling, digging, surveying and extracting groundwater.
2. The monitoring and supervision of groundwater quality in the extraction process shall comply with regulations of Article 13 of the Circular No. 17/2021/TT-BTNMT dated October 14, 2021 of the Minister of Natural Resources and Environment on supervision of extraction and use of water resources.
3. The agencies, organizations, community, households and individuals that pollute the groundwater environment shall be responsible for the implementation of measures for management, treatment of wastewater, solid waste and other environmental protection measures for preventing pollutants from dispersing into the groundwater environment according to regulations on management and treatment of wastewater, solid waste and relevant laws.
Section 2. SOIL PROTECTION
Article 6. Principles and criteria for identification and classification of soil pollution areas
1. The soil pollution area shall be classified according to criteria of source of residual contamination, possibility of spread of residual contamination and affected subjects.
2. The pollution level identification shall be subject to the total score for assessment of the criteria specified in Clause 3 of this Article.
3. The criteria for identification of pollution level of a soil pollution area and calculation of the score for the assessment of the criteria of the a soil pollution area shall comply with regulations of Form No. 01, Appendix I issued together with this Circular.
4. The soil environmental pollution area shall be classified according to one of the following three levels:
a) Pollution level: The total score for assessment of the criteria specified in Clause 3 of this Article shall be less than 40 points
b) Serious pollution level: The total score for assessment of the criteria specified in Clause 3 of this Article shall be from 40 points to 75 points.
c) Extremely serious pollution level: The total score for assessment of the criteria specified in Clause 3 of this Article shall be more than 76 points.
Article 7. Investigation and preliminary assessment of the quality of the soil environment; detailed investigation and assessment of soil pollution area
1. The agencies, organizations, community, households and individuals that use land of the areas specified in Clause 1, Article 12 of Decree No. 08/2022/ND-CP shall be responsible for making of reports on investigation and preliminary assessment of the quality of the soil environment; detailed investigation and assessment of soil environmental pollution areas, measures for treatment, improvement and remediation of the soil environment according to regulations of Forms No. 02, Form No. 03 and Forms No. 05 Appendix I issued together with this Circular.
2. Before December 25 every year, the People's Committee of province, the Ministry of National Defense and the Ministry of Public Security shall summarize and send a list of existing polluted areas or polluted areas without identifiable perpetrators according to regulations of Form No. 04, Appendix I issued with this Circular to the Ministry of Natural Resources and Environment
Section 3. NATURAL HERITAGE PROTECTION
Article 8. Written request form for appraisal, report on establishment project and investigation and assessment of natural heritage
1. A written request for appraisal of project on establishment of another natural heritage specified in Point c, Clause 1, Article 20 of the Law on Environmental Protection shall be comply with regulations of Form No. 06, Appendix I issued together with this Circular.
2. A report of project on establishment of another natural heritage specified in Point c, Clause 1, Article 20 of the Law on Environmental Protection shall comply with regulations of Form No. 07, Appendix I issued together with this Circular.
3. The report on result of survey and assessment of natural heritage shall be comply with regulations of Form No. 08, Appendix II issued with this Circular.
Article 9. Development and approval for regulations and plans for environmental management and protection of natural heritage
1. Development and approval for regulations and plans for management and protection of natural heritage environmental (hereinafter referred to as “regulations” and “plans”) shall be carried out as follows:
a) The agency that is assigned to manage the natural heritage shall be responsible for the development of draft of regulations and plans according to the form specified in Clauses 2 and 3 of this Article and opinion collection from relevant agencies and organizations;
b) The agency that is assigned to manage the natural heritage shall study, absorb and explain comments and suggestions, complete the draft of regulations, plans and submit them to the People's Committee of province for consideration and promulgation.
Application for promulgation of regulations and plans shall contain a report and a draft of decision on promulgation of regulations and plans; a synthetic report, explanation, acceptance and completion of draft of regulations and plans; written comments of relevant agencies and organizations;
c) In case, the natural heritage is located in at least 02 provinces or the sea area without administrative management responsibility of the People's Committee of province, the draft of regulations and the plans shall be sent to the People's Committee of the province with the boundary of the area of the natural heritage, relevant ministries and ministerial authorities for the purpose of opinion collection; completed and submitted to the Ministry of Natural Resources and Environment for appraisal and approval;
d) The natural heritage that was managed according to regulations, plans and measures before the effective date of this Circular shall comply with regulations of Point a, Clause 6, Article 21 of Decree No. 08/2022/ND- CP. The management regulations, plans and measures shall be submitted to competent authorities for approval within 06 months.
2. The contents of regulations on management and protection of natural heritage shall comply with regulations of Form No. 09, Appendix I issued together with this Circular.
3. The contents of the plans for management and protection of the natural heritage shall comply with regulations of Form No. 10, Appendix I issued together with this Circular. The duration of the plans for the natural heritage protection and management shall be 5 years.
4. The agency that is assigned to manage the natural heritage shall be responsible for implementing regulations and plans after those are approved by competent authorities; annually reporting the regulations and plans on the results of the implementation of the regulations and plans in the report on the management of natural heritage to the agency competent for approval; updating the implementation results on the national biodiversity database.
Tìm kiếm
Thông tư 02/2022/TT-BTNMT (Bản Word)
Thông tư 02/2022/TT-BTNMT (Bản Pdf)