Chương III Thông tư 43/2015/TT-BTNMT hiện trạng môi trường bộ chỉ thị môi trường quản lý số liệu quan trắc môi trường: Quản lý số liệu quan trắc môi trường

Chapter III

ENVIRONMENTAL MONITORING DATA MANAGEMENT

Article 19. Environmental monitoring data

1. The environmental monitoring data includes:

a) Periodical environmental monitoring result and continuous environmental monitoring result of the environmental monitoring program set forth in Clause 2 of this Article;

b) A report on result of environmental monitoring includes: a periodical report on result of environmental monitoring and annual general report (for periodical monitoring); monthly, quarterly and yearly reports on result of environmental monitoring (for continuous monitoring). Reports on monitoring result must include the implementation result of QA/QC in environmental monitoring.

2. The environmental monitoring programs:

a) The national environmental monitoring program includes environmental monitoring programs at inter-provincial river and lake basins; key economic zones; trans-border and geographically distinct zones.

b) The provincial environmental monitoring program includes monitoring programs on environmental components in the area;

c) The environmental monitoring program of industrial parks, export processing zones, high-tech zones, industrial clusters, trade villages and production, trading and service establishments includes monitoring programs on emissions and environmental components in accordance with the law.

Article 20. Mangament of environmental monitoring data

1. The Vietnam Environment Administration shall assist the Ministry of Natural Resources and Environment in managing the national environmental monitoring data as prescribed in Clause 1 Article 127 of the Law on Environmental Protection 2014.

2. The Department of Natural Resources and Environment shall assist the Provincial-level People’s Committee in managing the local environmental monitoring data as prescribed in Clause 2 Article 127 of the Law on Environmental Protection 2014.

3. Industrial parks, export processing zones, high-tech zones, industrial clusters, and production, trading and service establishments shall manage the environmental monitoring data as prescribed in Clause 3 Article 127 of the Law on Environmental Protection 2014.

Article 21. Reporting of environmental monitoring data

1. The entities affiliated to the Ministry of Natural Resources and Environment, entities affiliated to the network of national environmental monitoring assigned expenses from the State budget to run environmental monitoring programs shall be responsible for sending the Vietnam Environment Administration the relevant data on environmental monitoring prescribed in Clause 1 Article 19 of this Circular to summarize and submit a report to the Ministry of Natural Resources and Environment.

2. The Department of Natural Resources and Environment shall report the environmental monitoring data prescribed in Clause 1 Article 19 of this Circular to the Ministry of Natural Resources and Environment.

3. Investors constructing and trading in technical infrastructure of economic zones, industrial parks, export processing zones and hi-tech parks shall submit a report according to regulations on environmental protection in economic zones, industrial parks, export processing zones and hi-tech parks.

4. The production, trading and service establishments which are not prescribed in Clause 3 of this Article shall submit a report to the authorities that have the power to appraise and give approval for environmental impact assessment reports or certify environmental protection plans.

5. Agencies, entities and organizations prescribed in Clauses 1, 2, 3 and Clause 4 of this Article shall be responsible for monitoring and ensuring the quality, accuracy and reliability of the environmental monitoring data.

6. The report on environmental monitoring data prescribed in Clause 1, Clause 2, Clause 4 of this Article shall be made according to the forms and frequency prescribed in Article 22, Article 23 of this Circular.

Article 22. Forms of the report on environmental monitoring data

1. Forms of the environmental monitoring data

a) Format of environmental monitoring data: data set forth in Clause 1, Article 19 of this Circular is stored in a computer file in word format (.doc or .docx) for environment monitoring reports; excel file format (.xls or .xlsx) for periodic monitoring results; text file for automatic continuous monitoring results; and is printed on paper (except for automatic continuous monitoring results);

b) The form of a periodic and annual report on monitoring results shall comply the Table A1, Table A2, the form of a report on automatic continuous air monitoring result shall comply with Table A3, Table A4, the form of a report on automatic continuous water monitoring result shall comply with Table A5, Table A6 of Apppendix V enclosed with this Circular;

c) The periodic monitoring result is saved in excel file format (.xls hoặc .xlsx), standard Unicode format; result of automatic continuous monitoring (including monitoring results and calibration results) is saved as text files in ASCII format (Vietnamese without diacritics).

2. Submission and receipt of environmental monitoring data:

a) Monitoring reports and results shall be bound into volumes bearing the signature and stamp of the reporting agency and 01 copy shall be submitted to a receiving agency described in Clauses 1, 2, 3 and Clause 4, Article 21 of this Circular. Report files shall be sent via e-mail or portal of the receiving agency;

b) The receiving ageny shall confirm the receipt of report in writing and submit it to the reporting agencies. The written document shall act as a basis for determination of fulfillment of environmental monitoring tasks.

Article 23. Reporting frequency of environmental monitoring data

1. For the entities running the national environmental monitoring programs, the reporting frequency is as follows:

a) Submit results and reports on periodic environmental monitoring at least 30 days after the last day of monitoring;

b) Submit results and reports on a monthly and quarterly basis ahead of the 15^th of the preceeding month;

c) Submit an annual general report on periodic environmental monitoring result and automatic continuous environmental monitoring result before March 15 of the preceeding year.

d) Continuously submit automatic monitoring results in real time.

2. For the Department of Natural Resources and Environment, the reporting frequency is as follows:

a) Submit an annual general report on periodic environmental monitoring result and automatic continuous environmental monitoring result before March 31 of the preceeding year.

b) Continuously submit (24/24 hours) automatic continuous monitoring results online to the Ministry of Natural Resources and Environment. The monitoring results submitted to Ministry of Natural Resources and Environment shall meet the demand for provision and use of information and reach at least 80% of expected monitoring results of the monitoring programs.

3. For industrial parks, export processing zones, hi-tech parks, industrial clusters, trade villages, and production, trading and service establishments:

a) The environmental monitoring data of conomic zones, industrial parks, export processing zones and hi-tech parks shall be reported according to regulations on environmental protection in economic zones, industrial parks, export processing zones and hi-tech parks as prescribed.

b) The production, trading and service establishments prescribed in Clause 4 Article 21 of this Circular shall submit a report on periodic monitoring results at least 30 days after the last day of monitoring; the production, trading and service establishments prescribed in Clause 3 Article 39 of the Government’s Decree No. 38/2015/ND-CP dated April 24, 2015 on management of waste and discarded materials shall continuously submit automatic continuous monitoring results in real time to the Department of Natural Resources and Environment of the local governments.

Article 24. Recording and publication of environmental monitoring data

1. The agencies assigned to manage environmental monitoring data set forth in Article 20 of this Circular shall be responsible for recording in accordance with applicable law.

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

3. Annually, the Vietnam Environment Administration shall update and publish list of national environmental monitoring data on the portal of the Ministry of Natural Resources and Environment and Vietnam Environment Administration.

4. Annually, the Department of Natural Resources and Environment shall update and publish list of local environmental monitoring data on the portal of the Provincial-level People’s Committee and the Department of Natural Resources and Environment.