What are regulations on appraisal of conditions for environmental monitoring services in Vietnam?
What are regulations on appraisal of conditions for environmental monitoring services in Vietnam? What are duties and entitlements of the appraising agency in Vietnam?
What are regulations on appraisal of conditions for environmental monitoring services in Vietnam?
Pursuant to Article 49 of the Circular 02/2022/TT-BTNMT stipulating appraisal of conditions for environmental monitoring services in Vietnam as follows:
- Consideration about application for certification of eligibility for environmental monitoring services of an organization:
+ After receiving the appraisal fee, the agency granting certificate shall consider and assess the organization’s according to conditions specified in Article 91 of the Decree No. 08/2022/ND-CP;
+ The agency granting certificate shall send the application to the members of the appraisal council for study and consideration before actually inspecting and assessing at the organization.
- The appraisal of conditions for environmental monitoring services shall be carried out through an appraisal council that is established by the head of the agency granting certificate of eligibility for environmental monitoring services according to regulations of Form No. 01 Appendix IV issued together with this Circular.
The appraisal council shall be responsible for assessment and appraisal of conditions for environmental monitoring services of the organization requesting for certification according to the results of assessment and consideration about application and the results of actual assessment and inspection at the organization.
- Actual assessment and inspection in the organization:
+ Contents of assessment and inspection: The appraisal council shall be responsible for actually assessing and inspecting at the organization requesting for the certification of conditions specified in Article 91 of Decree No. 08/2022/ND- CP and compare with the application for certification for environmental monitoring services;
+ The results of the assessment and inspection at the organization requesting for certification shall be made a record and sent to the appraising agency for summarizing. The record of the appraisal council after the assessment and re-inspection shall be the documents in the appraisal dossier.
- The meeting of the appraisal council shall be conducted after having the results of the actual inspection and assessment of organization and the agency granting certificate receives all the corrected, amended and completed dossiers of the organization according to requirements in assessment and inspection records at the organization.
- The head of the appraising agency shall submit to the Minister of Natural Resources and Environment for granting and adjusting the certificate of conditions for environmental monitoring services for the organization requesting certification according to the appraisal results In case of ineligibility for certification, the head of the appraising agency shall be responsible for implementation according to regulations of Point c, Clause 3, Article 93 or Point c, Clause 4, Article 94 of Decree No. 08/2022/ND-CP.
What are duties and entitlements of the appraising agency in Vietnam?
Pursuant to Article 50 of the Circular 02/2022/TT-BTNMT stipulating duties and entitlements of the appraising agency in Vietnam as follows:
- The appraising agency shall appraise the conditions for environmental monitoring services and submit to the Minister of Natural Resources and Environment for consideration, decision on granting and adjusting the contents of the certificate of the organization that is eligible for environmental monitoring services.
- Review, evaluate and process application and regarding documents that are sent by organizations requesting for certification of eligibility for environmental monitoring services.
- Research and assess application of organizations requesting for certification of eligibility for environmental monitoring services; organize the collection of opinions on the assessment, comment on the application and make the report on the assessment of the application.
- Establish an council for the purpose of appraisal of conditions for environmental monitoring services of the organization requesting for certification of eligibility for environmental monitoring services.
- Prepare, provide documents and facilitate research on relevant records and documents on the appraisal of conditions for environmental monitoring services for members of the appraisal council
- Prepare necessary conditions for inspection and assessment at the organization and official meeting of the appraisal council
- Receive the record of actual inspection and assessment at the organization of the appraisal council, the appraisal results of the appraisal council and carry out necessary procedures to submit to the Minister of Natural Resources and Environment for decision on granting and adjusting the content of the certificate of eligibility for environmental monitoring services.
- Keep records and documents on the process of appraisal of the conditions for environmental monitoring services of the organization.
- Monitor, summarize and report information on environmental monitoring services of organizations that have been granted certificates of eligibility for environmental monitoring services to competent authorities
- Continuously make, post and update the list of organizations that are eligible for environmental monitoring services on the website of the Ministry of Natural Resources and Environment and the appraising agency.
- Perform other tasks regarding appraisal, issuance and adjustment of the content of the certificate of eligibility for environmental monitoring services.
Best regards!
