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.
Article 24. Monitoring, assessment and announcement of air quality status
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:
a) Consolidation and review of documents concerning the potentially contaminated site;
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;
b) Provincial People’s Committees 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 provinces, except for the case specified in Point a of this Clause;
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.
5. Responsibilities for detailed site investigation and assessment:
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.
Article 28. Rules for management of contaminated sites
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;
b) Restriction of activities on the site for the purposes of preventing contaminants from spreading and directly impacting the environment and public health;
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);
d) Decontamination techniques and technology solutions for mitigation or removal of residual contaminants from the contaminated site; comparison of technical alternatives and analysis for the purpose of selecting an optimum solution;
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.
3. Organize the environmental decontamination, improvement and remediation in accordance with regulations of law.
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.
Tìm kiếm
Thông tư 25/2019/TT-BTNMT hướng dẫn Nghị định 40/2019/NĐ-CP dịch vụ quan trắc môi trường (Bản Pdf)
Thông tư 25/2019/TT-BTNMT hướng dẫn Nghị định 40/2019/NĐ-CP dịch vụ quan trắc môi trường (Bản Word)