Chương II Thông tư 25/2019/TT-BTNMT hướng dẫn Nghị định 40/2019/NĐ-CP dịch vụ quan trắc môi trường: Đánh giá môi trường chiến lược, đánh giá tác động môi trường, kế hoạch bảo vệ môi trường và cải tạo, phục hồi môi trường trong khai thác khoáng sản

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.

Article 4. Forms used in appraisal of environmental impact assessment reports

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;

c) The notification of appraisal results is provided in the Form No. 08 Appendix I hereof.

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

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

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;

c) Opinions of the provincial Department of Natural Resources and Environment shall be considered and discussed at council meetings.

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.

2. The appraisal council shall work on the principle of public discussion between council members and between the council and the project owner by holding official meetings and thematic meetings decided by the council's president where necessary.

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;

c) Opinions of the provincial Department of Natural Resources and Environment shall be considered and discussed at council meetings.

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;

b) The enquired experts shall be those who have joined the environmental impact assessment report appraisal council, where necessary, enquiries may be sent to other experts related to the project to be appraised, but the total number of experts shall not exceed 03.

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.

7. Enquired organizations and experts shall be responsible to the appraising authority and the law for their evaluation of the environmental impact assessment report; are entitled to receive remuneration as prescribed by law.

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.

2. Request the project owner to provide additional documents and clarify relevant contents where necessary.

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:

a) Return the application for approval for the environmental impact assessment report to the project owner if the project owner fails to revise it or provide explanation as requested;

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.

Article 10. Regulations on monitoring of waste during trial operation of waste treatment works of projects, facilities; responsibilities of provincial specialized environmental protection authorities for supervision

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:

- Wastewater monitoring shall be carried out at least once a day (01 single sample of input wastewater and at least 07 single samples of output wastewater of the wastewater treatment work shall be measured, collected and analyzed within 07 sequential days);

- 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;

c) The time limit for effectiveness assessment during period of stable operation of the dust and gas work or equipment 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:

- 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.

6. Organize the provision of environmental monitoring services, be responsible to the law and project owner/facility owner for the waste monitoring results obtained during the trial operation of the project or facility's waste treatment work.

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.

Article 11. Organizing inspection and certification of completion of environmental protection works of projects and facilities

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;

- The report on operation of environmental protection works by the project or facility must be sufficient and satisfactory as prescribed;

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;

b) The authority assigned to carry out inspection shall send a notification of inspection results within 05 days from the end of the physical inspection at the project or facility in case it is required to measure, collect and analyze additional waste samples and the notification shall cover other contents in the case specified in Point b Clause 4 of this Article.

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;

b) An environmental emergency preparedness and response plan should be in place during the operation by the owner of the project, facility or industrial park;

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.