Chương III Thông tư 31/2016/TT-BTNMT: Bảo vệ môi trường làng nghề

Chapter III

ENVIRONMENTAL PROTECTION FOR TRADE VILLAGES

Article 12. Environmental protection requirements for trade villages

1. A trade village must have its own environmental protection plan prepared by using the sample given in the Appendix 2 hereto and approved by the district-level People’s Committee.

2. Establishments operating within trade villages shall be obliged to:

a) obtain a state regulatory authority’s approval of their environmental impact statements or confirmation of their environmental protection plans, or submit their reports on environmental protection solutions as prescribed by Article 17 hereof (except for those referred to in sections 1, 2, 3, 4, 6, 7, 9, 10, 11 of Appendix IV to the Government’s Decree No. 18/2015/ND-CP dated February 14, 2015 on environmental protection scheme, strategic environment assessment, environmental impact assessment and environmental protection plan, hereinafter referred to as Decree No. 18/2015/ND-CP), or equivalent dossiers;

b) Implement methods for collection and treatment of wastewater (in the absence of the centralized treatment method) and emissions in conformity with relevant technical regulations; sort solid wastes and transfer them to licensed collection establishments in accordance with laws and regulations.

3. A trade village must construct environmental protection infrastructure, including the following facilities:

a) Wastewater or stormwater collection system ensuring that it has sufficient capacity to meet water drainage demands in the trade village and prevents any wastewater blockage, stagnation and inundation;

b) The centralized wastewater treatment system (if any) having sufficient capacity to guarantee that total volume of outflow of effluent before being discharged into the receiving source must be treated in conformity with relevant environmental technical regulations; 

c) The solid waste consolidation point that conforms to hygiene standards, and the solid waste treatment area that meets regulations on solid waste management, or agrees with the plan to transport solid wastes to the solid waste management area located away from the trade village.  

4. The trade village must establish an environmental protection self-management organization meeting the following requirements:

a) Have the establishment decision and operational rules adopted by the communal-level People's Committee;

b) Be well-equipped and provided with a full amount of personal protective equipment.

5. The trade village must meet environmental protection requirements referred to in Clause 1, 2, 3 and 4 of this Article to qualify for trade village accreditation.

6. In the event that there is any trade village recognized as accredited trade village before the entry into force of this Circular but failing to meet environmental protection requirements set out in Clause 1, 2, 3 and 4 of this Article, the provincial-level People’s Committee shall direct its subordinate competent authorities to conduct improvements thereto.

Article 13. Evaluation and classification of trade villages by levels of environmental pollution

1. The provincial-level People’s Committee shall take on the burden of evaluating and classifying trade villages within its jurisdiction by levels of environmental pollution according to criteria for evaluation and classification stipulated in the Appendix 3 hereto.

2. Evaluation and classification of trade villages by levels of environmental pollution shall be performed on a biannual basis.

3. The list of trade villages evaluated and classified by levels of environmental pollution must be disseminated through local communication means or media.

Article 14. Measures for administration of trade villages causing environmental pollution and those causing serious environmental pollution

1. The communal-level People’s Committee shall adapt, submit to the district-level People’s Committee for its approval of, and conduct implementation of, the environmental protection plan of a trade village to reduce environmental pollution caused by that trade village.

2. Any establishment that does not belong in the list of trades and industries eligible for incentive policies within a trade village shall be required to observe regulations applicable to it as laid down in Chapter IV hereof, or must be completely relocated to an industrial zone or cluster, or animal farming concentrations outside of the residential area; change their existing trades to others; terminate their production.     

3. Forming new establishments that pose high risks of causing environmental pollution shall be prohibited and subject to specific regulations laid down in the Appendix 4 hereto. 

Article 15. Responsibilities for making arrangements for implementation of plans for environmental protection for trade villages

1. Responsibilities of the communal-level People’s Committee:

a) Fulfill environmental protection requirements set out in contents of the approved plan for environmental protection of a trade village;

b) In case of environmental emergencies or incidents caused by any establishment, impose suspension of its operations, implement measures to limit the extent and degree of impact, and make mitigation efforts; instantly notify the district- and provincial-level People’s Committee and relevant authorities. 

2. Responsibilities of the district-level People’s Committee:

a) Allocate the funds in the authorized budget for implementation of environmental protection tasks in trade villages within its jurisdiction as stipulated by laws and regulations;

b) Expedite, guide and examine compliance with environmental protection requirements set out in the approved plan for environmental protection in a trade village;

c) Receive and handle environmental protection recommendations from environment-related institutional or individual entities throughout trade villages’ operations in accordance with laws and regulations.

Article 16. Responsibilities of environmental protection self-management organization of a trade village

The communal-level People’s Committee shall guide the environmental protection self-management organization to perform the following tasks:

1. Manage, operate, overhaul and improve environmental protection infrastructure facilities of the trade village as assigned by the communal-level People’s Committee.

2. Post up regulations, oversee and promote compliance with hygiene requirements in public places.

3. Participate in formulation and undertake implementation of the plan for environmental protection in the trade village, village conventions and regulations on environmental protection activities; make communicative and propaganda efforts in dissuading the public from eliminating unsound customs and habits which are unhygienic and harm environment. 

4. Get involved in inspecting compliance of establishments operating within the trade village with environmental protection regulations as assigned by the communal-level People’s Committee.

5. Promptly report to the communal-level People’s Committee if it has discovered any indicator of environmental pollution, environmental incidents or violation against laws and regulations on environmental protection for trade villages.

6. Submit an annual review report to the communal-level People’s Committee on its general operations, collection, transportation and treatment of wastes under its delegated authority before the 15^th day of October, or an ad-hoc report upon request. The sample report is provided in the Appendix 5 hereto.

Article 17. Responsibilities of establishments operating within a trade village

1. Owners of establishments operating within the trade village that belong in the list of trades and industries qualifying for incentive policies, as defined in the Appendix I to the Decree No. 19/2015/ND-CP, shall assume the following responsibilities: 

a) Prepare an evaluation report on environmental protection according to the sample report given in the Appendix 6 hereto as stipulated by Clause 1 Article 16 of the Decree No. 19/2015/ND-CP, and submit it to the communal-level People’s Committee for its inspection and supervision;

b) Perform environmental protection tasks according to the environmental protection plan, or prepare a report on environmental protection approaches or equivalent dossiers, procedures.

2. Establishments operating within the trade village that belong in the list of trades and industries qualifying for incentive policies, as defined in the Appendix I to the Decree No. 19/2015/ND-CP, must comply with provisions of the Chapter IV hereof and relevant environmental protection regulations.