Thông tư 42/2020/TT-BCT

CIRCULAR

DECLARATION, MANAGEMENT AND USE OF ENVIRONMENT DATABASE IN INDUSTRY AND TRADE SECTORS

Pursuant to Law on Environmental Protection No. 55/2014/QH13 dated June 23, 2014;

Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 73/2017/ND-CP dated June 14, 2017 of the Government on collection, management, extraction and use of natural resource and environment information;

At request of the Director General of Industrial Safety Techniques and Environment Agency;

Minister of Industry and Commerce promulgates Circular on declaration, management and use of environment database in industry and trade sectors.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes declaration, management and use of environment database in industry and trade sectors.

Article 2. Regulated entities

1. Business entities (hereinafter referred to as “enterprises”) within sectors subject to state management of Ministry of Industry and Trade having scale and capacity specified under Annex I attached to this Circular.

2. Supervisory agencies of environment database.

3. Other relevant organizations and individuals.

4. Enterprises that are not specified under Clause 1 of this Article and are encouraged to declare, manage and use environment database in industry and trade sectors. 

Article 3. Term interpretation

In this Circular, terms below are construed as follows:

1. “environment databases in industry and trade sectors” (hereinafter referred to as “environment databases”) refer to environment databases subject to state management of Ministry of Industry and Trade developed, managed, operated by Ministry of Industry and Trade on website http://moitruongcongthuong.vn.

2. “declaration of environment databases” refers to provision, update and digitalization of environment databases into environment database systems of industry and trade sectors. Entities specified under Article 2 of this Circular shall be granted access to environment databases for declaration, management and use.

3. “management of environment databases” refers to activities taken to guarantee safe and stable operation of environment databases on website and other activities taken to assist organizations and individuals in implementing this Circular.

4. “use of environment databases” refers to extraction of environment data from environment databases by organizations and individuals to serve management and report on environmental protection.

Chapter II

DECLARATION, MANAGEMENT AND USE OF ENVIRONMENT DATABASE

Article 4. Registration for login accounts of environment databases

1. Application for login accounts

a) Enterprises specified under Clause 1 and Clause 4 Article 2 shall apply for issuance of login accounts as follows:

- In case enterprises are members of groups and corporations in industry and trade sectors (hereinafter referred to as “groups and corporations”), the enterprises shall request groups and corporations to consolidate lists of login accounts requested for issuance.

- In case enterprises are not members of groups or corporations: Enterprises shall request Departments of Industry and Trade of provinces and central-affiliated cities (hereinafter referred to as “Departments of Industry and Trade”) where head offices of the enterprises are based in to consolidate lists of login accounts requested for issuance.

b) Groups and corporations shall review, guide and consolidate lists of member enterprises and send to Industrial Safety Techniques and Environment Agency to request issuance of login accounts for the enterprises. 

c) Departments of Industry and Trade shall review, guide and consolidate lists of enterprises under their management (except for enterprises under Point b Clause 1 of this Article) and send to Industrial Safety Techniques and Environment Agency to request issuance of login accounts.

d) Form for application for issuance of login accounts is specified under Annex II attached to this Circular.

2. Issuance of login accounts

Industrial Safety Techniques and Environment Agency shall establish login accounts for applicants according to written application of Departments of Industry and Trade, groups and corporations; Inform Departments of Industry and Trade, groups and corporations about list of created login accounts.

3. Departments of Industry and Trade, groups, corporations and enterprises shall conform to Clause 1 of this Article in case of: Changes to number of accounts managed by the enterprises; Termination of login accounts due to cessation of operation or reduction in scale or capacity below value specified under Annex I; Registration for additional login accounts.  

4. Organizations and individuals specified under Clause 3 Article 2 of this Article that wish to utilize environment databases shall submit application to Industrial Safety Techniques and Environment Agency to consider issuance of log in accounts.

Article 5. Declaration of environment databases

1. After receiving login accounts, enterprises shall log onto http://moitruongcongthuong.vn and declare environment information specified under Annex III attached to this Circular on a yearly basis.

2. Annual declaration of environment databases must be completed before January 31 of the following year.

Article 6. Management of environment databases

1. Management of environment databases consists of:

a) Maintaining internet connection, storing data on servers, guaranteeing information safety, security and stable operation of environment database systems on websites;

b) Issuing login accounts and distributing use right to organizations and individuals;

c) Developing, upgrading systems, maintaining, operating and sharing data among environment databases;

d) Expediting and directing declaration of environment databases by enterprises;

dd) Guiding, examining and assessing environment data declared by enterprises;

e) Submitting reports on results of managing environment databases;

g) Other relevant management activities.

2. Expenditure on developing, maintaining and developing environment databases:

Expenditure on developing, upgrading systems, maintaining, operating and sharing data within environment databases shall be guaranteed by state budget and mobilized from other legal funding sources.

Article 7. Use of environment databases

Distribution of use right of environment databases shall be implemented as follows:

1. Industrial Safety Techniques and Environment Agency may use all data and information in environment database systems;

2. Departments of Industry and Trade may use data and information in environment database systems declared by enterprises within administrative divisions;

3. Groups and corporations may use data and information in environment database systems declared by member enterprises;

4. Enterprises may use data and information in environment databases declared by the enterprises;

5. Organizations and individuals specified under Clause 3 Article 2 of this Circular may use environment data decided by Industrial Safety Techniques and Environment Agency.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of enterprises

1. Registering with database supervisory agencies to issue anew, add, revise and terminate accounts for declaring environment databases.

2. Periodically performing database declaration with adequate contents, before deadline and being legally responsible for accuracy and truthfulness of data declared by the enterprises.

3. Securing information of issued accounts to prevent unauthorized access to environment databases.

4. Completion of responsibilities of enterprises according to this Circular shall serve as the basis to enable competent agencies to consider commendation and take actions against violations as per the law.

Article 9. Responsibilities of supervisory agencies of environment databases

Supervisory agencies of environment databases include: Industrial Safety Techniques and Environment Agency; Vietnam E-commerce and Digital Economy Agency; Departments of Industry and Trade, groups and corporations.

1. Responsibilities of Departments of Industry and Trade, groups and corporations

a) Consolidating list of login accounts requested for issuance of enterprises and submitting to Industrial Safety Techniques and Environment Agency.

b) Guiding, inspecting, supervising and expediting account registration and declaration of environment databases of enterprises under their management.

c) Securing account information and declared environment data of Departments of Industry and Trade, groups, corporations and enterprises under their management

2. Responsibilities of Industrial Safety Techniques and Environment Agency

a) Creating login accounts and distributing use right to entities under their management;

b) Guiding, inspecting, supervising and expediting declaration, management and use of Departments of Industry and Trade, groups, corporations and enterprises;

c) Providing environment information and data in environment database systems at request of competent agencies;

d) Managing environment databases according to Clause 1 Article 6 of this Circular.

3. Responsibilities of Vietnam E-commerce and Digital Economy Agency

Cooperating with Industrial Safety Techniques and Environment Agency in maintaining internet connection, storing data on servers, guaranteeing information safety, security and stable operation of environment database systems on websites.   

Article 10. Responsibilities of other organizations and individuals

Other organizations and individuals are responsible for using environment information and data within authorized scope, protecting information and login accounts.

Article 11. Entry into force

1. This Circular comes into force from April 1, 2021 and replaces Circular No. 22/2013/TT-BCT dated October 14, 2013 of Ministry of Industry and Trade on declaration, management and use of environment databases in industry and trade sectors.

2. Annul Clause 1 Article 14 Circular No. 42/2019/TT-BCT dated December 18, 2019 of Minister of Industry and Trade on amendment to periodic reporting regime in Circulars issued or jointly issued by Minister of Industry and Trade.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

ANNEX I

LIST OF SUBJECTS FOR DECLARATION OF ENVIRONMENT DATABASES IN INDUSTRY AND TRADE SECTORS
(Attached to Circular No. 42/2020/TT-BCT dated November 30, 2020 of Ministry of Industry and Trade)