Chương II Thông tư 43/2015/TT-BTNMT hiện trạng môi trường bộ chỉ thị môi trường quản lý số liệu quan trắc môi trường: Báo cáo hiện trạng môi trường và bộ chỉ thị môi trường

Chapter II

STATE OF THE ENVIRONMENT REPORT AND SET OF ENVIRONMENTAL INDICATORS

Section 1. STATE OF THE ENVIRONMENT REPORT

Article 4. Responsibilities and time for preparation for state of the environment report

1. The Vietnam Environment Administration shall assist the Ministry of Natural Resources and Environment in preparing report on national state of the environment and thematic report on national environment as prescribed in Clause 1 Article 137 of the Law on Environmental Protection 2014. The report shall be prepared and approved ahead of May of the preceeding year.

2. The Department of Natural Resources and Environment of central-affiliated provinces and cities (below collectively referred to as the “Department of Natural Resources and Environment”) shall assist People’s Committees of central-affiliated provinces and cities (below collectively referred to as “Provincial-level People’s Committee”) in preparing report on local state of the environment and thematic report on local environment as prescribed in Clause 2 Article 137 of the Law on Environmental Protection 2014. The report shall be prepared and approved ahead of October of the year in which it is prepared.

Article 5. Methods of preparation for state of the environment report

1. The state of the environment report is prepared according to the model Driving force - Pressure - State - Impact - Response (the DPSIR model).

2. The set of environmental indicators set forth in Section 2 of this Chapter shall be used to collect information and data.

Article 6. The sources of information for preparation of state of the environment report

1. The environmental information from the report on national state of the environment, thematic report on national environment and report on local state of the environment, thematic report on local environment that are all approved.

2. Information from the Statistical Yearbook of the country, ministries and local governments.

3. Results of the environmental monitoring programs.

4. Information from ministries, departments, and relevant entities.

5. Information from other sources: results of scientific research programs or scientific research projects at state, ministerial and provincial levels that are all accepted.

6. Information from the programs on surveys and additional investigations on thematic environmental issues for the provision of data for the preparation for state of the environment report.

Article 7. Assessments in state of the environment report

1. Assessment of the achievement of environmental targets and environmental objectives in the national socio-economic development plan, for the national state of the environment report, the socio-economic development plan of the provinces and cities, for the local state of the environment report.

2. Assessment of environmental quality in areas, regions, provinces and cities for the national state of the environment report, assessment of environmental quality in districts and communes for the local state of the environment report.

3. Assessment of environmental quality during the year and reporting periods.

4. Assessment of environmental parameters in comparison with environmental technical standards or environmental standards.

5. The assessment prescribed in Clauses 1, 2, 3 and Clause 4 of this Article is carried out to analyze and classify environmental issues, thereby determining the national or local environmental issues of concern.

Article 8. Format and contents of state of the environment report

1. Format and contents of a state of the environment report must comply with the Appendix I enclosed with this Circular.

2. Format and contents of a thematic report on environment must comply with the Appendix II enclosed with this Circular.

During the reporting process, based on the current situation, irrelevant contents shall be applied or eliminated; the order shall be retained or changed but ensure full contents set forth in Article 138 of the Law on Environmental Protection 2014.

Article 9: The order of preparation for state of the environment report

1. Propose, submit the theme of the thematic report on environment for approval.

2. Make an outline of the report.

3. Collect, summarize and handle information and data.

4. Draw up a draft of the report.

5. Consult with relevant entities about the draft of report.

6. Submit and approve the report.

7. Provide and publish the report.

The order of preparation for state of the environment report must comply with regulations set forth in Articles 10, 11, 12, and Article 13 of this Circular.

Article 10. Proposal and approval for the theme of thematic report on environment for approval.

1. Based on the burning environmental issues and the State management on environment, the Vietnam Environment Administration shall propose and submit the Ministry of Natural Resources and Environment for approval for the theme of thematic report on national environment before the year in which the report is prepared.

2. Based on the burning environmental issues and the State management on local environment, the Department of Natural Resources and Environment shall propose and submit the Provincial-level People’s Committee the decision on preparation for thematic report on local environment before the year in which the report is prepared.

Article 11. Consultation with relevant entities about the draft of report

1. Based on the current situation, the Vietnam Environment Administration and the Department of Natural Resources and Environment may select one or more of the following consultations:

a) Meeting of the Experts Group;

b) Seminar for consultation between relevant entities;

c) Written request for opinions

2. The written request for opinions set forth in Point c Clause 1 of this Article is made as follows:

a) The draft of national state of the environment report submitted to ministries, local governments and relevant entities for request for opinions;

b) The draft of local state of the environment report submitted to departments, boards and relevant entities at local governments for request for opinions.

Article 12. Report submission and approval

1. The Vietnam Environment Administration shall submit the Ministry of Natural Resources and Environment the approval for report on national state of the environment and thematic report on national environment.

2. The Department of Natural Resources and Environment shall submit the Provincial-level People’s Committee the approval for report on local state of the environment and thematic report on local environment.

Article 13. Provision and publication of the report

1. Provision of state of the environment report

a) The approved report on national state of the environment and thematic report on national environment shall be submitted to authorities of the National Assembly and Government, regulatory authorities, and relevant organizations and individuals;

b) The approved report on local state of the environment and thematic report on local environment shall be submitted to the People's Council at the same level, the Ministry of Natural Resources and Environment, relevant departments, boards, organizations and individuals.

2. Publication of state of the environment report:

a) The report on national state of the environment and thematic report on national environment shall be published on the portal of the Ministry of Natural Resources and Environment;

b) The report on local state of the environment and thematic report on local environment shall be published on the portal of the Provincial-level People’s Committee.

Section 2. ENVIRONMENTAL INDICATORS

Article 14: The set of environmental indicators

1. The set of national environmental indicators consists of 36 environmental indicators, 93 secondary indicators divided into 05 groups: driving force indicator group, pressure indicator group, state indicator group, impact indicator group and response indicator group.

2. The set of national environmental indicators is prescribed in the Appendix III enclosed with this Circular.

3. The set of local environmental indicators is developed and issued by the Provincial-People’s Committee based on the national environmental indicators.

Article 15. Development of the set of environmental indicators

1. The Vietnam Environment Administration shall assist the Ministry of Natural Resources and Environment in developing the set of national environmental indicators as prescribed in Clause 2 Article 132 of the Law on Environmental Protection 2014. Every 05 (five) years, the Vietnam Environment Administration shall review and submit them to the Ministry of Natural Resources and Environment for consideration and amendments.

2. The Department of Natural Resources and Environment shall assist the Provincial-level People’s Committee in developing the set of local environmental indicators as prescribed in Clause 3 Article 132 of the Law on Environmental Protection 2014 to make sure that the number of indicators reaches at least 75% of that of the national environmental indicators and full 05 (five) components of the DPSIR model.

Article 16. Update on the information and data of the set of environmental indicators

1. Information and data of each environmental indicator shall be managed by the environmental indicator card prescribed in the Appendix IV enclosed with this Circular.

2. The information and data of the set of environmental indicators shall be updated from the sources set forth in Article 6 of this Circular.

3. Annually, the agencies assigned to manage the set of environmental indicators shall update information and data to the set of environmental indicators.

Article 17: Managament of the set of environmental indicators

1. The agencies developing the set of environmental indicators described in Clause 1, Clause 2, Article 15 of this Circular shall be responsible for recording and reporting the set of environmental indicators in accordance with applicable law.

2. The Vietnam Environment Administration shall establish and submit a database of the set of national environmental indicators to the Ministry of Natural Resources and Environment; give guidance to the Department of Natural Resources and Environment on the establishment of the set of local environmental indicators.

Article 18: Use of the set of environmental indicators

1. The set of environmental indicators shall be used to track and assess the progress of environmental quality; aid in the preparation of report on national and report on local state of the environment.

2. The set of environmental indicators shall be used to assess the implementation of environmental targets described in the national and local socio-economic development plans.