What are regulations on certificates of eligibility to provide environmental monitoring services in Vietnam?

1. What are regulations on certificates of eligibility to provide environmental monitoring services in Vietnam? 

Article 92 of Decree 08/2022/ND-CP stipulates certificates of eligibility to provide environmental monitoring services as follows:

1. The certificate of eligibility to provide environmental monitoring services shall be issued to the organizations which satisfy the conditions set out in clauses 2, 3 and 4 Article 91 of this Decree; the organizations responsible for in-field monitoring, measuring and testing emissions from motorcycles and mopeds which satisfy the conditions set out in clause 5 Article 91 of this Decree, except for the vehicle registries issued with the certificate of eligibility for vehicle inspection in accordance with relevant regulations of law.

2. MONRE shall issue and adjust the certificate of eligibility to provide environmental monitoring services prescribed in clause 1 of this Article.

3. The certificate of eligibility to provide environmental monitoring services serve as a substitute for the certificate of registration of testing in the field of environmental monitoring under MONRE’s management in accordance with the Government’s regulations on conditions for provision of conformity assessment services.

4. The certificate of eligibility to provide environmental monitoring services shall be valid for 36 months from the date of issue, may be extended repeatedly and each extension lasts for no more than 36 months.

5. In case of adjusting the certificate, the effective period of the adjusted certificate is the same as that of the issued certificate.

6. A certificate of eligibility to provide environmental monitoring services mainly contains the following contents:

a) Name and address of the organization;

b) Field or scope to be covered by the certificate;

c) Date of issue and effective period of the certificate;

d) Issuing authority.

7. Form of the certificate of eligibility to provide environmental monitoring services is provided in the Appendix XXIV enclosed herewith.

2. What are procedures for issuing certificates of eligibility to provide environmental monitoring services in Vietnam?

Article 93 of Decree 08/2022/ND-CP stipulates procedures for issuing certificates of eligibility to provide environmental monitoring services as follows:

1. The procedures for issuing a certificate of eligibility to provide environmental monitoring services shall apply to the providers applying for the certificate for the first time or the providers applying for re-issuance of the certificate.

2. 01 application for issuance of the certificate of eligibility to provide environmental monitoring services shall be prepared and include:

a) An application form, which is made using the form in the Appendix XXV enclosed herewith;

b) 01 provider’s profile, which is made using the form in the XXVI enclosed herewith.

3. Procedures for issuing the certificate of eligibility to provide environmental monitoring services are as follows:

a) The applicant shall submit the application specified in clause 2 of this Article in person, by post or electronically through the online public service system;

b) Within 03 days from the receipt of a sufficient and valid application, the issuing authority shall send a notification of appraisal fee to the applicant. The application shall pay appraisal fees and send a document evidencing its payment (a receipt or another document) to the issuing authority. The duration of fee payment by the applicant shall exclude the duration of appraisal by the issuing authority. If the application is not sufficient or valid, the issuing authority shall return the application to the applicant and request it to supplement the application as prescribed;

c) Within 45 days from the receipt of the appraisal fee, the issuing authority shall carry out an appraisal and issue the certificate of eligibility to provide environmental monitoring services to the applicant (excluding the duration of supplementing the application). The appraisal of environmental monitoring conditions in service of issuance of the certificate of eligibility to provide environmental monitoring services shall be carried out by an appraisal council prescribed in clause 4 of this Article on the basis of the application assessment result; result of assessment and site inspection of the applicant and result of the appraisal council meeting.

For the road motor vehicle emission measuring service provider, as the case may be, the issuing authority may decide to carry out a direct or online inspection.

In case of failure to issue the certificate of eligibility to provide environmental monitoring services, the issuing authority shall send a written notification specifying the reasons therefor to the applicant.

4. The appraisal council shall be composed of at least 05 member including 01 Chair; 01 Deputy Chair where necessary; 01 secretary and other members who are experts with expertise and experience in environmental monitoring. Every member of the appraisal council shall consider applications, carry out site inspections; make remarks and assessment report on the contents to be certified and take legal responsibility for their remarks and assessment.

5. MONRE shall elaborate on the appraisal of environmental monitoring conditions in service of issuance of certificates of eligibility to provide environmental monitoring services prescribed in clauses 3 and 4 of this Article.

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

In Article 94 of Decree 08/2022/ND-CP stipulating procedures for adjusting certificates of eligibility to provide environmental monitoring services as follows:

1. Procedures for adjusting a certificate of eligibility to provide environmental monitoring services shall apply to providers whose certificates remain effective for at least 06 months.

2. Any environmental monitoring service provider that wishes to change its field or scope of field monitoring and environmental analysis specified in the issued certificate shall follow procedures for adjusting the certificate of eligibility to provide environmental monitoring services.

3. 01 application for adjustment of the certificate of eligibility to provide environmental monitoring services shall be prepared and include:

a) An application form, which is made using the form in the Appendix XXVII enclosed herewith;

b) 01 provider’s profile, which is made using the form in the XXVI enclosed herewith.

4. Procedures for adjusting the certificate of eligibility to provide environmental monitoring services:

a) The applicant shall submit the application specified in clause 2 of this Article in person, by post or electronically through the online public service system;

b) Within 03 days from the receipt of a sufficient and valid application, the issuing authority shall send a notification of appraisal fees to the applicant. The application shall pay appraisal fees and send a document evidencing its payment (a receipt or another document) to the issuing authority. The duration of fee payment by the applicant shall exclude the duration of appraisal by the issuing authority. If the application is not sufficient or valid, the issuing authority shall return the application to the applicant and request it to supplement the application as prescribed;

c) Within 30 days from the receipt of the appraisal fee, the issuing authority shall carry out an appraisal and adjust the certificate of eligibility to provide environmental monitoring services (excluding the duration of supplementing the application). The appraisal of environmental monitoring conditions in service of adjustment of the certificate of eligibility to provide environmental monitoring services shall be carried out by an appraisal council prescribed in clause 5 of this Article on the basis of the application assessment result; result of assessment and site inspection of the applicant and result of the appraisal council meeting.

In case of rejection of the application for adjustment of the certificate of eligibility to provide environmental monitoring services, the issuing authority shall send a written notification specifying the reasons therefor to the applicant.

5. The appraisal council shall comply with the regulations enshrined in clause 4 Article 93 of this Decree.

6. MONRE shall promulgate forms of the application form and provider’s profile prescribed in clause 3 of this Article; elaborate on the appraisal of environmental monitoring conditions in service of adjustment of certificates of eligibility to provide environmental monitoring services prescribed in clause 4 of this Article.

Best Regards!