Regulations on regular environmental monitoring of business entities in Vietnam
What are the current regulations on regular environmental monitoring of business entities and industrial parks in Vietnam? Please get back to me.
Regulations on regular environmental monitoring of business entities in Vietnam (Image from the Internet)
Legal grounds:
- Clause 27, Article 3 of Decree 40/2019/ND-CP takes effect from July 1, 2019.
- Article 54 of Decree 38/2015/ND-CP.
Regulations on regular environmental monitoring of business entities according to the latest regulations of current law are as follows:
- Entities required to carry out regular environmental monitoring include:
+ Entities required to carry out regular wastewater monitoring prescribed in Point a, b and c Clause 1 Article 39 hereof;
+ Entities required to carry out regular emission monitoring prescribed in Points a and b Clause 1 Article 47 hereof;
+ Entities required to determine waste sludges, solid waste containing hazardous chemicals of class I for management in accordance with regulations on management of hazardous waste;
+ Facilities causing serious environmental pollution prescribed in Clause 4 Article 33 of Decree No. 19/2015/ND-CP shall carry out monitoring of environmental pollutants. Environmental components, monitoring frequency and parameters shall be determined in the decision on penalty for administrative violation or decision on approval for EIA report or certification of registration of environment protection plan issued by competent authorities.
- Entities prescribed in Clause 1 hereof are required to prepare plans for regular environmental monitoring (hereinafter referred to as plans), and then send them to Department of Natural Resources and Environment before December 31 of the previous year for supervision; if they fall under authority to approve EIA reports of ministries, the plan shall be also sent to the Ministry of Natural Resources and Environment. The plan shall be made based on the following:
+ Regular environmental monitoring and supervision programs in the report and decision on approval for EIA report and certified environmental protection plan or equivalent documents or regular environmental monitoring and supervision programs which are adjusted in a way in consistence with performance of the project, facility or industrial park in the confirmation of completion of environment protection works, the certificate of eligibility for environment protection in import of scrap used as production materials, the license for hazardous waste treatment or other relevant certifications or adjustments;
+ Types of waste generated by waste discharge sources and points; environmental components to be monitored; regular environmental monitoring frequency and parameters.
- Regular environmental monitoring services providers shall take legal responsibility for the accuracy of environmental monitoring results.
- Responsibilities of Department of Natural Resources and Environment
+ Supervise the regular of environmental monitoring in the province; conduct surprise inspection in necessary cases;
+ Solicit certified independent appraisal units as per the law, whenever necessary, to cross-check waste samples taken by the environmental monitoring services providers. The environmental monitoring results of the independent appraisal units shall be valid for crosschecking; monitoring costs shall be covered by the state from the funding for annual environment expenditures of Department of Natural Resources and Environment; if the waste sample exceeds technical regulations on waste, the monitoring results shall be used as the basis for penalty for administrative violation in accordance with the Decree on penalties for administrative violations in environment protection;
+ Assess the environmental monitoring results. If the waste monitoring results exceed technical regulations on environment, Department of Natural Resources and Environment shall issue (the first) warning and request the entity prescribed in Clause hereof to review the operation process, environment protection works in order to make plans for adjustment, renovation, upgrade (if necessary), ensure that the waste shall be treated in conformity with technical regulations on environment before being discharged; if the self-monitoring result still exceeds technical regulations on environment, the entity shall face penalty as per the law.
- Responsibilities of entities subject to regular environmental monitoring
+ Make plans as prescribed in Clause 2 hereof and be held accountable for the accuracy of their plans;
+ Request qualified units as per the law to carry out regular environmental monitoring for their facilities or industrial parks;
+ Use industrial wastewater monitoring results to declare and pay fees for environment protection as prescribed;
+ Use regular environmental monitoring results to prepare annual environment protection reports and for other purposes as per the law.
- The Ministry of Natural Resources and Environment shall provide technical guidelines for regular environmental monitoring prescribed in this Article.
Above is the consulting content.
