Chương VI Thông tư 25/2019/TT-BTNMT hướng dẫn Nghị định 40/2019/NĐ-CP dịch vụ quan trắc môi trường: Quản lý hoạt động dịch vụ quan trắc môi trường; báo cáo công tác bảo vệ môi trường

Chapter VI

MANAGEMENT OF ENVIRONMENTAL MONITORING SERVICES; REPORTING OF ENVIRONMENTAL PROTECTION

Article 34. Registration of environmental testing services

1. The testing services registration prescribed in Clause 1 Article 4 of the Government’s Decree No. 36/2017/ND-CP dated July 11, 2016 shall comply with the Government’s Decree No. 127/2014/ND-CP dated December 31, 2014.

2. Applicants for registration of testing services in conformity with environment sector and certification of eligibility for provision of environmental monitoring services may choose to follow administrative procedures for issuance of the certificate of registration of testing services in conformity with environment sector and certificate of eligibility for provision of environmental monitoring services in accordance with regulations on single-window system promulgated by the Minister of Natural Resources and Environment.

Article 35. Responsibilities of providers of environmental monitoring services after the certificate is obtained

1. Every provider of environmental monitoring services shall prepare physical or electronic documents about environmental monitoring services it provides to serve the inspection work.

Documents concerning environmental monitoring services include chemicals logbook; test reports; records of environmental monitoring equipment, laboratory sample transfer records or system, records of quality assurance and control in environmental monitoring and data management in accordance with regulations of the Circular No. 24/2017/TT-BTNMT dated September 01, 2017 of the Ministry of Natural Resources and Environment, liquidation minutes and other methods of contracting with customers in accordance with the civil law and other relevant documents.

2. Upon providing environmental monitoring services, if the provider signs service contracts with customers, such contracts shall bear the provider’s unique signs and the date of the contract shall be clearly stated. The signs shall contain ordinal numbers indicating the date on which the first contract is signed and the date on which the last contract is signed in chronological order in a calendar year.

3. Results shall be returned to customers via test reports bearing the signature and seal of the competent authority. The test reports shall be prepared using a unique form, containing at least:

- Name of the provider;

- Names of customers;

- Number of the Vimcerts;

- Date of delivery of the test report;

- Signs of the reports: The signs shall contain ordinal numbers indicating the date on which the first report is delivered and the date on which the last report is delivered in chronological order in a calendar year.  The provider may add more sign codes to serve its classification and internal management with but must adhere to the numbering principles.

- Analysis results: parameters, methods used, measurement results, regulations, standards or technical specifications used for reference purpose (if any)

- In case the provider hires another provider to monitor the parameters that the former is not allowed to monitor, it is required to specify name of the provider in charge and enclose the analysis report given by such provider.

A record or system should be in place to manage test reports delivered to customers, containing at least: signs of the reports (including their ordinal numbers); date of delivery of the reports and names of customers.

4. If a provider carries out environmental monitoring itself to serve its researches and carries out monitoring for internal supervision purpose without signing contracts and delivering test reports to a second party, it is not required to comply with the regulations laid down in Clauses 1, 2 and 3 of this Article.

Article 36. Management of environmental monitoring services provided by secondary monitoring units

The management of environmental monitoring services provided by monitoring units shall comply with Article 35 hereof. Sample transfer records shall be included in the documentation of environmental monitoring service providers and secondary monitoring units.

Article 37. Reporting of environmental protection

1. Owners of projects and production, trading and services establishments, except for the entities specified in Clause 2 of this Article shall:

a) prepare an environmental protection report according to Appendix VI hereof;

b) archive documents related to the report to serve the comparison by competent authorities upon inspection;

c) submit annual environmental protection report (the reporting report begins from 01 January to 31 December inclusive) to competent authorities before January 01 of the next year. The first report shall be submitted before January 31, 2021.

d) submit the report to:

- the authority that has approved and certified the environmental impact assessment reports, environmental protection programs, environmental protection plans or equivalent environmental documents of the projects or establishments;

- Departments of Natural Resources and Environment (of the provinces where the projects and production, trading and services establishments are available);

2. Investors in construction and trading of technical infrastructures of industrial parks shall comply with reporting regulations in accordance with regulations on environmental protection in industrial parks.