What are monitoring activities in service of state management of environmental protection in Vietnam?

1. What are monitoring activities in service of state management of environmental protection in Vietnam?

Article 89 of Decree 08/2022/ND-CP stipulates monitoring activities in service of state management of environmental protection as follows:

1. National environmental monitoring program.

2. Local environmental monitoring programs.

3. Environmental monitoring programs of businesses required by the law on environmental protection.

4. Road motor vehicle emission monitoring services, except for inspection of technical and environmental safety under state management of the Ministry of Transport.

5. Environmental monitoring activities in service of inspection, supervision, prevention of crimes, violations against law on environmental protection and state management of other environmental protection.

6. Environmental monitoring activities serving the managerial purposes in relation to the industries and fields specified in clauses 2, 3 and 4 Article 109 of the LEP which shall comply with regulations of law applicable to such industries and fields.

2. Who entities are eligibled to be issued with certificates of eligibility to provide environmental monitoring services in Vietnam?

Article 90 of Decree 08/2022/ND-CP stipulates that entities eligible to be issued with certificates of eligibility to provide environmental monitoring services are as follows:

The certificate of eligibility to provide environmental monitoring services shall be issued to environmental monitoring service providers as prescribed, including:

1. Enterprises, which are established under the Law on Enterprises.

2. Scientific and technological organizations operating in the field of testing, which are established under the Law on Science and Technology.

3. Public service providers exercising the functions of operating in the field of environment, which are established and operate under the Government’s regulations on establishment, re-organization and dissolution of public service providers.

3. What are conditions for issuance of certificates of eligibility to provide environmental monitoring services in Vietnam?

In Clause 1, Clause 2, Article 91 of Decree 08/2022/ND-CP, stipulating conditions for issuance of certificates of eligibility to provide environmental monitoring services as follows:

1. Any organization issued with the certificate of eligibility to provide environmental monitoring services, except for the entities specified in clause 5 of this Article, shall satisfy the conditions specified in clauses 2, 3 and 4 of this Article.

2. Conditions concerning environmental monitoring capacity to be satisfied by an organization specified in clause 1 of this Article:

a) It must have an establishment decision or certificate of registration of scientific and technological activities or business registration certificate or investment certificate issued by a competent authority, which covers environmental monitoring activities;

b) It must have capacity for carrying out environmental monitoring of at least one of the environmental sample backgrounds consisting of continental surface water; wastewater; groundwater; seawater; ambient air; emissions; soil; sediment; sludge; solid waste; raw materials, fuels, materials, products, goods and equipment containing POPs. For each environmental sample background (except for emission sample) to be certified, the organization must be fully capable of carrying out both field monitoring and environmental analysis; The capacity for environmental analysis of each sample background (except for raw material, fuel, material, product, goods and equipment sample backgrounds) to be certified shall satisfy the minimum conditions set out in points c, d, dd, e and g of this clause;

c) Regarding the capacity for analysis of a sample of continental surface water or wastewater to be certified, it must be fully capable of environmental analysis of basic parameters specified in the national environmental technical regulation, including BOD₅, COD, total suspended solids (TSS), total phosphorus (TP), total nitrogen (TN);

d) Regarding the capacity for analysis of a sample of groundwater to be certified, it must be fully capable of environmental analysis of basic parameters specified in the national environmental technical regulation, including permanganate index, NH₄⁺, NO₃^-, Fe;

dd) Regarding the capacity for analysis of a sample of seawater to be certified, it must be fully capable of environmental analysis of basic parameters specified in the national environmental technical regulation, including TSS, NH₄, PO₄³-;

e) Regarding the capacity for analysis of an sample of air (ambient air or industrial emissions) to be certified, it must be fully capable of environmental analysis of basic parameters specified in the national environmental technical regulation, including SO₂, NO₂, CO, total suspended particulate (TSP);

g) Regarding the capacity for analysis of a sample of soil or sediment or sewage sludge from the water treatment system or solid waste to be certified, it must be fully capable of environmental analysis of prescribed basic parameters, including pH; metals (including: As, Cu, Zn, Pb, Ni, Cd, Cr, Hg) or organic compounds (organochlorine compounds or organophosphorus compounds).

Best Regards!