Thông tư 19/2016/TT-BTNMT

Circular No. 19/2016/TT-BTNMT dated August 24, 2016, on environmental protection report

Nội dung toàn văn Circular 19/2016/TT-BTNMT environmental protection report


THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------

No: 19/2016/TT-BTNMT

Hanoi, August 24, 2016

 

CIRCULAR

ON ENVIRONMENTAL PROTECTION REPORT

Pursuant to the Law on Environment protection dated June 23, 2014;

Pursuant to the Government’s Decree No.21/2013/NĐ-CP dated March 04, 2013 defining functions, rights, obligations and organizational structure of the Ministry of Natural Resources and Environment;

Upon request by the Directors General of Vietnam Environment Administration and Department of Legal Affairs;

The Minister of Natural Resources and Environment hereby issues this Circular on environmental protection reports.

Article 1. Scope of application

1. This Circular specifies Article 134 of the Law on Environmental Protection concerning environmental protection reports.

2. Confidential environmental information on the List of State’s confidential information shall be conformable to regulations of laws on State secrecy.

Article 2. Subject of application

This Circular applies to entities concerning environmental protection reports.

Article 3. Contents of environmental protection reports by People’s Committees at all levels and Ministry of Natural Resources and Environment

1. An environmental protection report shall specify:

a) Current status, variation of components of the environment and environmental issues including  current status and changes in environmental components ; polluted and degraded areas; sources of pollution, sources of exhaust emissions; entities causing severe pollution; generation of wastes and primary environmental issues;

b) Progress and achievements in environmental protection including: State regulatory organization structure and personnel in charge of environmental protection; introduction and completion of policies and laws on environmental protection; authorities in charge of State management and environmental protection activities (implementation of measures for mitigating pollution and negative impacts on environment; actions against entities causing severe environmental pollution; waste treatment projects and environmental remediation projects; programs for nature and biodiversity conservation; dissemination and education on environment, environmental monitoring, environmental data and reports and other environmental protection activities); overall evaluation of achievements, limitations and cases; performance of State management of environmental protection as stipulated in Article 141 and 143 and other clauses of the Law on Environmental Protection and guiding documents.

c) Environmental protection orientation and measures for the immediately following year including major objectives and measures;

d) Proposals.

2. Specimens of environmental protection reports for People’s Committees at all ranks and the Ministry of Natural Resources and Environment are presented in Annex I, II, III and IV attached hereto.

Article 4. Contents of environmental protection reports by Ministries and Ministerial-Level Agencies

1. An environmental protection report shall specify:

a) General assessment of sources of pollution, environmental impacts, classification of particular wastes and main issues (if any) by sectors under the administration of Ministries and ministerial-level agencies;

b) Progress and achievements in State management and environmental protection activities including: State regulatory organization structure and personnel in charge of environmental protection; introduction of policies and laws on environmental protection; ; performance of State management of environmental protection as stipulated in clause 3 Article 142 and other articles, clauses of the Law on Environmental Protection and guiding documents;

c) Environmental protection orientation for the immediately succeeding year and proposals.

2. Specimen of environmental protection report for Ministries and ministerial-level agencies is presented in Annex V attached hereto.

Article 5. Contents of environmental protection reports by management boards of economic zones, export processing zones, hi-tech parks and industrial zones

1. An environmental protection report shall specify:

a) Current status, variation of environmental components, and environmental issues including  total land area, water surface, vegetation zones; occupancy rates; environmental quality; sources of pollution and negative impacts on the environment;

b) Progress and achievements in environmental protection including State regulatory organization structure and personnel in charge of environmental protection; performance of State management of environmental protection under regulations of laws.

c) Arising issues and proposals

2. Specimens of environmental protection reports by management boards of economic zones, export processing zones, hi-tech parks and industrial zones are presented in Annex IV attached hereto.

Article 6. Reporting regime

1. Every People’s Committee of communes shall submit an environmental protection report to the People’s Council at the same rank and People’s Committee of the district by December 15th of every year.

2. Every People’s Committee of district shall submit an environmental protection report to the People’s Council at the same rank and People’s Committee of the province by January 01 of every year.

3. Every People’s Committee of province shall submit an environmental protection report to the People’s Council at the same rank and the Vietnam Environment Administration - Ministry of Natural Resources and Environment by January 15th of every year.

4. Management boards of economic zones, export processing zones, hi-tech parks and industrial zones shall submit environmental protection reports to the People’s Committees of provinces by December 31 of every year.

5. Ministries and ministerial-level agencies shall submit environmental reports to the Vietnam Environment Administration - Ministry of Natural Resources and Environment by January 15th of every year for aggregation.

6. The Ministry of Natural Resources and Environment shall submit an aggregate environmental protection report to the Government, National Assembly by January 31 of every year.

7. The figures and information included in environmental protection reports specified from clauses 1 through 6 of this Article are those gathered and calculated from 1st of January to December 31 of every year.

Article 7. Options of reporting

1. Environmental protection reports must be made in accordance with Circular No.01/2011/TT-BNV January 19, 2011 by the Ministry of Home Affairs.

2. The People’s Committees of provinces, Ministries and ministerial-level agencies shall submit environmental protection reports to the Vietnam Environment Administration – Ministry of Natural Resources and Environment by one of the following methods:

a) A copy signed and sealed, by post;

b) An electric copy in pdf or word form submitted to[email protected] h or via environmental protection reporting system of the Vietnam Environment Administration (if any).

Article 8. Funding for environmental protection preparation

Costs of research, collection, aggregation and preparation of environmental protection reports; costs of development and maintenance of environmental reporting systems of central and local authorities shall be funded from environmental protection budgets under regulations of laws.

Article 9. Effect

1. This Circular enters into force from October 10, 2016.

2. Clause 1 Article 37 Circular No.27/2015/TT-BTNMT on strategic environment assessment, environmental impact assessment and environmental protection plans dated May 29, 2015 by the Minister of Natural Resources and Environment; clause 4 Article 14 Circular No.35/2015/TT-BTNMT on environmental protection in economic zones, industrial zones, export-processing zones, hi-tech parks dated June 30, 2015 by the Minister of Natural Resources and Environment shall expire from the effective date of this Circular.

Article 10. Implementation

1. The Director of the Vietnam Environment Administration shall give instructions, conduct inspection, supervision of implementation of this Circular.

2. Ministries, ministerial-level agencies, Governmental agencies, People’s Committees at all levels, and relevant entities shall be responsible for the implementation of this Circular.

3. Any issue arising in connection to implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment./.

 

 

PP. MINISTER
DEPUTY MINISTER




Vo Tuan Nhan

 

ANNEX II

DISTRICT-LEVEL ENVIRONMENTAL PROTECTION REPORT
(Issued together with the Circular No.19/2016/TT-BTNMT dated August 24, 2016 by the Minister of Natural Resources and Environment)

ENVIRONMENTAL PROTECTION REPORT [YEAR]

District:….

Province:…

 

Address:.............................

 

 

Tel:

Fax

Email”

I. General introduction

General information on natural conditions and socio-economic status of the district (no more than 02 pages).

II. Environmental protection report

1. Current status, components, and environmental issues

a) Current status, components of the environment

Land-use current status and variation in land area; forest cover, the area of protected forests, specialized forests and mangrove forests; bird parks, bird sanctuaries, ecological parks, heritage trees, plant varieties,  precious animals, etc.

Severity of surface water pollution, pesticide and chemical residual contamination, reduction in forest area due to clearance, fire and repurposing, repurposed farm land, etc.

b) Sources of pollution (scope, severity of pollution and negative impacts on the environment), urban complexes and residential areas, industrial clusters; projects for extracting minerals and building materials; commerce and services, trade villages, farms and household farms;

c) Waster generation (volume and characteristics)

Hazardous wastes, domestic solid wastes; non-hazardous industrial wastes; scraps

d) Main environmental problems

Most important and pressing environmental issues (5 -7 issues) such as polluted, degraded areas, sources of pollution, negative impacts on the environment and wastes.

2.  Progress and achievements in environmental protection:

a) Structures and sources of environmental organizations;

b) Introduction of guiding documents, regulations and conventions on environmental protection;

c) Implementation of regulations of laws on environmental protection, inspection of administrative procedures concerning environmental protection; fulfillment of State management of environmental protection as stipulated in clause 2 Article 143, other provisions, clause of the Law on Environmental Protection and other guiding documents;

d) Environmental protection activities (domestic solid waste and wastewater collection and treatment; remediation of residue-contaminated areas and other activities within the district);

dd) Overall evaluation of achievements, limitations and causes.

3. Orientation and solutions

a) Primary duties

b) Principal solutions

III. Proposals

IV. Environmental figures

Figures about environmental information specified in tabled 1 and 2 attached hereto are required.

 

 

[Location and date]
President of the People’s Committee
(Sign and seal)

 

Table 1. Required indicators for district-level environmental report

No.

Code

Indicators

Unit

Remarks

 

I

Current status, components of the environment

 

 

 

1

Land

 

 

1

1.1

Area of natural land

ha

Aggregated

2

1.2

Area of agricultural land, cropland

ha

Aggregated

3

1.3

Area of forests

ha

Aggregated

4

1.4

Area of vacant land

ha

Aggregated

5

1.6

Area  and rate of agricultural land reduced due to repurposing or desertification

ha, %

Aggregated

 

2

Water

 

 

6

2.1

Area of water surface, wetland (lakes, lagoons, reaches, streams, springs, rivers…)

ha

Aggregated

7

2.2

Area of water surface in urban complexes and residential areas (ponds, lakes, rivers, ditches)

ha

Aggregated

 

4

Biodiversity

 

 

8

4.1

Forest area

ha

Aggregated

9

4.2

Area of protected areas and specialized forests

ha

Aggregated

10

4.3

Mangrove forests area

ha

Aggregated

 

II

Sources of pollution

 

 

 

1

Urban complexes and residential areas

 

 

11

1.1

Quantity and area of urban complexes ( from class 1 to class 5)

Quantity, ha

Aggregated

12

1.2

Quantity and area of residential areas

Quantity, ha

Gathered

13

1.3

Total volume of municipal domestic wastewater

m3/day

Gathered

14

1.4

Total volume of domestic wastewater generated from rural residential areas

m3/day

Aggregated

15

1.5

Total volume of  municipal domestic solid wastes

Tonne/day

Gathered

16

1.6

Total volume of domestic solid waste generated from rural residential areas

Tonne/day

Aggregated

17

1.7

Quantity of households farming livestock , cattle

Household

Aggregated

 

2

Industry

 

 

18

2.3

Quantity and area of industrial clusters

Cluster, ha

Gathered

19

2.12

Quantity industrial facilities outside industrial zones, industrial clusters

Facility

Gathered

20

2.13

Total volume of industrial wastewater

m3/day

Gathered

21

2.14

Total volume of non-hazardous industrial solid wastes

Tonnes/day

Gathered

 

3

Extraction of minerals, building materials and hydropower

 

 

22

3.4

Total area of agricultural land repurposed for extraction of minerals, building materials and hydropower

ha

Aggregated

23

3.5

Total area of protected forests, specialized forest reduced for extraction of minerals, building materials and hydropower works

ha

Aggregated

 

4

Traffic infrastructures

 

 

24

4.4

Quantity and total area of stations, ports, terminals

Quantity, ha

Gathered

25

4.5

Total volume of fuel, petrol and oil sold and their business facilities

Facility , tonne

Gathered

 

5

Construction

 

 

26

5.1

Number of municipal infrastructures in progress

Works

Gathered

 

6

Commerce, services, tourism

 

 

27

6.1

Quantity of hotels

unit

Gathered

28

6.2

Quantity of reserved rooms

room

Gathered

29

6.3

Quantity of restaurants obtaining business certificates and their customers

Restaurant, customer/year

Aggregated

30

6.4

Quantity of shopping malls, centralized service complexes

Shopping mall, complex

Gathered

31

6.5

Quantity of public markets

Market

Aggregated

32

6.6

Quantity and area of public recreational centers and their visitors

Recreational center,visistor /year

Gathered

 

7

Medicine

 

 

33

7.1

Quantity of medical facilities

Facility

Gathered

34

7.2

Total quantity of sickbeds

Sickbed

Gathered

35

7.3

Total volume of medical wastewater

m3/day

Gathered

36

7.4

Total volume of non-hazardous medical solid wastes

Tonne/day

Gathered

37

7.5

Total volume of hazardous medical solid wastes

Tonne/day

Gathered

 

8

Agriculture

 

 

38

8.1

Total area of farmland

ha

Aggregated

39

8.2

Total food production

tonne

Aggregated

40

8.3

Total volume of used fertilizers

tonne

Aggregated

41

8.4

Total volume of pesticide used

tonne

Aggregated

42

8.5

Total agricultural by-product (straw,  ash, husk, peel

tonne

Aggregated

43

8.6

Quantity of centralized cattle farms

Farm

Aggregated

44

8.7

Quantity of centralized livestock farms

Farm

Aggregated

45

8.8

Total quantity of cattle

Thousand cattle

Aggregated

46

8.9

Total quantity of livestock

Thousand livestock

Aggregated

47

8.10

Total area of pastures

ha

Aggregated

48

8.11

Total volume of husbandry wastewater

m3/day

Gathered

49

8.12

Total volume of husbandry solid wastes

Tonne/day

Gathered

50

8.13

Total water surface and production of aquaculture

Ha, tonne

Aggregated

51

8.14

Total volume of veterinary medicine used

tonne

Gathered

52

8.15

Total volume of aquatic animal medicine used

tonne

Gathered

53

8.16

Total volume of aquatic feed used

tonne

Gathered

 

9

Trade villages

 

 

54

9.1

Total quantity of trade village specialized in metal production and recycling and total output

 Trade village, tonne

Aggregated

55

9.2

Total quantity of  trade village specialized in plastic production and recycling and total output

 Trade village, tonne

Aggregated

56

9.3

Total quantity of trade village specialized in paper production and recycling and total output

 Trade village, tonne

Aggregated

57

9.4

Total quantity of trade villages specialized in agricultural product and food processing and total output

 Trade village, tonne

Aggregated

58

9.5

Total quantity of  trade villages specialized in tanning product production and total output

 Trade village, tonne

Aggregated

59

9.6

Total quantity of trade villages specialized in textile and dyeing and total output

 Trade village, tonne

Aggregated

60

9.7

Total quantity of trade villages specialized in arts and crafts and total output

 Trade village, tonne

Aggregated

61

9.8

Total quantity of trade villages specialized in production of ceramics and building materials  and total output

 Trade village, tonne

Aggregated

62

9.9

Total quantity of  other types of trade villages specialized and their total output

 Trade village, tonne

Aggregated

63

9.10

Total volume of wastewater generated from trade villages

m3/day

Aggregated

64

9.11

Total volume of solid wastes generated from trade villages

Tonne/day

Aggregated

65

9.12

Total volume of hazardous solid wastes generated from trade villages

Tonne/day

Aggregated

 

10

Centralized solid waste treatment facilities and land fills

 

 

66

10.1

Quantity of centralized solid waste treatment facilities and landfills

Facility, landfill

Aggregated

67

10.2

Total volume of solid wastes transported to landfills

Tonne/day

Gathered

 

III

Progress and achievements in environmental protection

 

 

 

1

Introduction of legislative documents, guiding documents and others

 

 

68

1.1

Quantity of Resolutions, directives on environmental protection issued by Communist Party Organizations

Document

Gathered, Aggregated

69

1.2

Quantity of Resolutions on environmental protection  issued by the People’s Council

Document

Gathered, Aggregated

70

1.3

Quantity of environmental protection strategies, plans, planning and programs

Unit

Gathered, Aggregated

71

1.4

Quantity of regulations on environmental protection issued by the People’s Committee

Regulations 

Gathered, Aggregated

72

1.6

Quantity of conventions and regulations on community environment protection

Convention, regulation 

Gathered, Aggregated

 

2

Implementation of measures, mechanism for  State management of environmental protection

 

 

73

2.1

Quantity of projects whose environmental protection plan (environmental protection commitment, certificate of fulfillment of environmental standards) is accepted

Project

Gathered

74

2.2

Quantities and percentage of businesses whose general environmental protection plan is approved

facility , %

Gathered

 

3

Control and reduction of sources of pollution

 

 

 

3.1

Urban complexes and residential areas

 

 

75

3.1.1

Quantity and percentage of urban complexes (from class 1 to class 5 ) having centralized wastewater treatment systems

Urban complex, %

Gathered

76

3.1.2

Quantity and percentage of rural residential areas having centralized wastewater treatment systems

Residential area, %

Gathered

77

3.1.3

Percentage of treated municipal domestic wastewater meeting environmental standards

%

Gathered

78

3.1.4

Percentage of treated rural domestic wastewater meeting environmental standards

%

Gathered

79

3.1.5

Percentage of municipal households sorting out wastes

%

Gathered

80

3.1.6

Percentage of public recreational centers sorting out wastes

%

Gathered

81

3.1.7

Percentage of rural households sorting out wastes

%

Gathered

82

3.1.8

Percentage of rural households having standard hygienic works

%

Gathered

83

3.1.9

Quantity and percentage of public markets  where their solid wastes are collected

Public market, %

Aggregated

 

3.2

Industry

 

 

84

3.2.4

Percentage of industrial clusters having connection to centralized wastewater collection and treatment systems

%

Gathered

85

3.2.5

Percentage of industrial clusters having industrial solid waste landfills

%

Gathered

 

3.4

Traffic infrastructures

 

 

86

3.4.3

Quantity and percentage of stations, ports and terminals where solid wastes are collected

unit, %

Gathered

87

3.4.4

Quantity and percentage of stations, ports an terminals having overflow, wastewater collection and treatment system

unit, %

Gathered

 

3.6

Agriculture

 

 

88

3.6.1

Percentage of cattle farms having biogas systems

%

Gathered

89

3.6.2

Percentage of households that operate in husbandry having biogas

%

Gathered

 

3.7

Trade villages

 

 

90

3.7.1

Quantity of prioritized trade villages

Trade village

Gathered

91

3.7.2

Quantity and percentage of trade villages having infrastructures for waste collection, classification and storage in accordance with environmental standards

Trade village, %

Gathered

92

3.7.3

Quantity and percentage of trade villages whose environmental protection plan is approved 

Trade village, %

Gathered

 

4

Waste management

 

 

93

4.1

Quantity and percentage of municipal domestic solid waste collected

Tonne, %

Gathered

94

4.4

Quantity and percentage of rural domestic solid waste collected

Tonne, %

Gathered

95

4.7

Quantity, percentage of communes  having waste collection teams/cooperatives/personnel

Commune, %

Gathered

96

4.18

Total volume and percentage of husbandry wastewater used for biogas

m3/day, %

Gathered

97

4.19

Total volume and percentage of  treated husbandry wastewater meeting environmental standards

m3/day, %

Gathered

98

4.20

Quantity and percentage of husbandry solid wastes collected, used

Tonne, %

Gathered

99

4.21

Quantity and percentage of wastewater from trade villages collected and treated to meet the environmental standards

m3/day, %

Aggregated

100

4.22

Quantity and percentage of solid waste from trade villages collected and treated to meet the environmental standards

Tonne, %

Aggregated

101

4.23

Quantity and percentage of hazardous waste from trade villages collected and treated to meet the environmental standards

Tonne, %

Aggregated

102

4.28

Quantity of medical waste incinerators

unit

Gathered

103

4.30

Quantity of domestic solid waste incinerators

unit

Gathered

104

5

Environmental remediation

 

 

105

5.1

Population and percentage of municipal population provided with clean water

person %

Gathered

106

5.2

Population and  percentage of rural population provided with clean water

Person, %

Gathered

107

5.3

Total area and percentage of vegetation zone in urban complexes, residential areas

ha, %

Gathered

108

5.5

Area and percentage of arid land due to desertification renovated

ha, %

Aggregated

109

5.6

Quantity and percentage of polluted lakes, lagoons, canals, ditches, rivers in urban and residential areas renovated

Quantity, %

Gathered

 

6

Nature and biodiversity conservation

 

 

110

6.1

Total area and percentage of specialized forests and protected areas out of forest area

ha, %

Gathered

111

6.5

Quantity and area of  recognized and protected bird sanctuaries, ecological parks, ecological landscapes

Unit , ha

Aggregated

112

6.9

Area of substitute forest for implementation of projects

ha

Gathered

113

6.12

Quantity of recognized heritage trees

tree

Aggregated

114

6.13

Quantity of precious plant and animal varieties

variety

Aggregated

 

IV

Environmental protection resources

 

 

 

1

Human resources

 

 

115

1.1

Quantity of environmental organizations

unit

Gathered

116

1.3

Quantity of officials in charge of State management of environmental protection

person

Gathered, Aggregated

117

1.4

Quantity of officials attending training in environmental protection

person

Gathered

 

2

Sources of finance

 

 

118

2.1

Total amount of funding for environmental protection and  its percentage  compared to the state environmental protection budget

Million dong,
%

Gathered, Aggregated

119

2.2

Total amount of environmental protection budget and its percentage compared to that of the State budget


%

Gathered

120

2.13

Total amount of funding for domestic waste collection and treatment

Million dong

Gathered

121

2.16

Total funding for dissemination and education about environmental protection

Million dong

Gathered

Notes:

1. Aggregated herein refers to information which is aggregated from reports by local authorities of communes.

2. Gathered herein refers to information which is collected or provided by relevant entities.

3. Gathered, Aggregated herein refers to figures which are aggregated from reports by local authorities of communes and are collected within the district.

4. From the second year of report onwards, only figures which are varied in comparison to that in the immediately preceding year are reported.

 

Table 2. Environmental indicators required for environmental reports by administrative authorities

Reporting authority: [Name of district]:

(To….[date])

No.

Code

Indicators

Unit

Affiliates

Total

Remarks

[name of commune]

[name of commune]

[name of commune]

 

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

 

I

CURRENT STATUS, COMPONENTS OF THE ENVIRONMENT

 

1

Land

 

 

 

 

 

 

1

1.1

Area of natural land

ha

 

 

 

 

 

2

1.2

Area of agricultural land, cropland

ha

 

 

 

 

 

3

1.3

Area of forests

ha

 

 

 

 

 

4

1.4

Area of vacant land

ha

 

 

 

 

 

...

...

......

....

 

 

 

 

 

 


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