Thông tư 32/2014/TT-BNNPTNT

CIRCULAR

DEFINING ENVIRONMENTAL MONITORING AND WARNING ACTIVITIES IN THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

Pursuant to the Government’s Decree No. 199/2013/NĐ-CP dated November 26, 2013 defining functions, duties, authorities and organizational structures of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Environment Protection dated November 29, 2005;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development has promulgated the Circular defining environmental monitoring and warnings in the agriculture and rural development sector.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular shall define environmental monitoring and warnings in the agriculture and rural development sector.

2. This Circular applies to organizations and individuals involved in environmental monitoring and warnings in the industry of agriculture and rural development.

Article 2. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Environmental monitoring means a systematic process of monitoring environmental indicators and impacts to collect information for the purpose of the assessment of current conditions, environmental quality developments and adverse effects on the environment.

2. Environmental warning means activities of early provision of information about environmental developments and proposing measures to cope with adverse environmental developments or possible risks of harmful affects on agricultural production based on the processing of information collected from environmental monitoring.

3. Adverse environmental developments and possible risks of adversity on agricultural production mean such environmental components as soil, water and air exceed permissible limit as defined in applicable National technical regulations.

4. Environmental monitoring agency means an organization that is assigned the task of environmental monitoring by the Minister of Agriculture and Rural Development.

Chapter II

SUBJECT MATTERS OF ENVIRONMENTAL MONITORING AND WARNINGS

Article 3. Monitoring site and position

1. Monitoring site comprises 08 areas as defined in Appendix I enclosed herewith.

2. Monitoring position in the monitoring site is approved by the Ministry of Agriculture and Rural Development based on real-life need for serving agricultural production and rural development.

Article 4. Environmental monitoring

1. Water environment quality in the areas of agricultural, forestry, aquatic, salt processing and production, irrigation works, tap water in rural and concentrated cattle-breeding areas.

2. Soil environment quality in agricultural, forestry, aquatic, salt production areas and concentrated cattle-breeding areas.

3. Air environment quality in concentrated cattle breeding and slaughtering areas, aquacultural, fishing port, agricultural, forestry and aquatic processing and production areas.

Article 5. Environmental monitoring indicators

1. Water environment

a) Normal environmental indicators: meteorological and hydrological factors, air temperature, atmospheric pressure, humidity, wind, wave, flow, rainfall; temperature, turbidity, suspended solids, salinity, Ph, DO, BOD₅, COD, SO₄^2-, H₂S;b) Nutrients: NO2-, NO3-, NH4+(NH3), PO43 SiO32-, total nitrogen (Ntotal), total phosphor (Ptotal);

c) Heavy metals and harmful chemicals: Cu, Pb, Zn, Cd, As, Hg, Cr3+, Cr6+, Ni, Mn and total iron (Fetotal)

d) Plant protection chemicals: Organochlorine, organic phosphorus, carbamate, pyrethroid, neonicotinoid, avermectin families, pesticides and total radioactivity a, b;

dd) Total plankton plants, harmful algae;

e) Total coliform bacteria, vibrio spp., aeromonas spp. and pathogens (virus, bacteria, fungus and parasites on aquatic organisms;

g) Organic pollutants: surfactants, fats, oils and phenol.

2. Soil environment

a) Total textures, pHKCl and pHH2O; OC%, total nitrogen, phosphor and potassium, CEC, bio-available phosphorus; hydrolyzed nitrogen, total dissolved salt, salinity, EC; Ca, Mg, Na, Fe, exchangeable K; Cu, Zn, Pb, Cd, Hg, As, total Cr, residues of plant protection drug; total microorganisms;

b) Sedimentary depositional environment: OC%, total and bio-available nitrogen, phosphor, potassium, sulfur; demand for oxygen, heavy metals and some pathogens.

3. Air environment

a) Meteorological and climatic indicators: wind direction, speed, wind, temperature, humidity, pressure, and sun radiation;

b) Environmental indicators: CH4, CH3SH, NH3, H2S, total suspended particulates, PM10, Pb, SO2, NO2, CO, O3 particulates. Position, quantity and frequency of annual monitoring of environmental indicators are determined based on actual monitoring results (accumulative) and level of priority on each area of the agriculture and rural development sector.

Article 6. Environmental sample collection, storage and analytical methods

Environmental sample collection, storage and analytical methods shall be carried out in accordance with the following circulars:

1. Circular No. 28/2011/TT-BTNMT dated August 01, 2011 of the Ministry of Natural Resources and Environment defining technical process of air monitoring.

2. Circular No. 29/2011/TT-BTNMT dated August 01, 2011 of the Ministry of Natural Resources and Environment defining technical process of continental surface water monitoring.

3. Circular No. 30/2011/TT-BTNMT dated August 01, 2011 of the Ministry of Natural Resources and Environment defining technical process of underground water monitoring.

4. Circular No. 31/2011/TT-BTNMT dated August 01, 2011 of the Ministry of Natural Resources and Environment defining technical process of seawater monitoring (including seabed sediments and ocean wildlife).

5. Circular No. 32/2011/TT-BTNMT dated August 01, 2011 of the Ministry of Natural Resources and Environment defining technical process of storm water monitoring.

6. Circular No. 33/2011/TT-BTNMT dated August 01, 2011 of the Ministry of Natural Resources and Environment defining technical process of soil monitoring.

Article 7. Work out, report and provide environmental monitoring information

1. Environmental monitoring Agency

a) Collect, work out and process monitoring data according to the assigned plan; receive and assess materials from organizations, individuals on environmental monitoring situations within its management scope;

b) Report results of environmental monitoring and warning (in writing or in the form of electronic file) periodically or on request to the Ministry of Agriculture and Rural Development (the Department of Science, Technology and Environment); make notification to the Services of Agriculture and Rural Development, relevant general departments, departments affiliated to the Ministry of Agriculture and Rural Development and production facilities where environmental monitoring activities take place;

c) Establish and store monitoring database in the form of accumulation. Report results of environmental monitoring according to the content prescribed in Forms 01 and 02 of Appendix II enclosed herewith.

2. Relevant general departments, departments affiliated to the Ministry of Agriculture and Rural Development, the Services of Agriculture and Rural Development within their management shall receive and work out results of monitoring from relevant organizations, individuals; provide information about the environment assigned; carry out report regularly or at the request of the Ministry.

3. Department of Science, Technology and Environment:

a) Receive, work out and process environmental database and results of monitoring (periodically or on request) from relevant monitoring agencies, general departments and departments affiliated to the Ministry of Agriculture and Rural Development, the Services of Agriculture and Rural Development and other relevant organizations, individuals;

b) Report environmental monitoring and warning activities periodically or on request in the agriculture and rural development sector to the Ministry of Agriculture and Rural Development.

4. Relevant agencies, organizations and individuals shall provide environmental information to monitoring agencies, general departments and departments affiliated to the Ministry of Agriculture and Rural Development, the Services of Agriculture and Rural Development, the Department of Science, Technology and Environment right after each stage of investigation and research in the form of exchange of information

Article 8. Environmental warnings

1. Upon finding signs of adverse environmental developments or possible risks of harmful effects on agricultural production in a locality (central - affiliated provinces and cities), an environmental monitoring agency shall:

a) Report to the Department of Science, Technology and Environment, general departments and departments affiliated to the Ministry of Agriculture and Rural Development for coordination;

b) Make notification to the Services of Agriculture and Rural Development who then shall submit proposal to provincial-level People’s Committee for issuing early warning and directives to production facilities.

2. Upon finding signs of adverse environmental developments or possible risks of harmful effects on agricultural production in at least two localities, environmental monitoring agencies or relevant organizations, individuals shall:

a) Report to the Department of Science, Technology and Environment, general departments and departments affiliated to the Ministry of Agriculture and Rural Development for issuing early warning and direction to local authorities;

b) Make notification to the Services of Agriculture and Rural Development for coordination;

Chapter III

IMPLEMENTATION AND EXECUTION PROVISIONS

Article 9. Department of Science, Technology and Environment:

1. As a central contact for the Ministry of Agriculture and Rural Development on management of environmental monitoring and warning activities in the agriculture and rural development sector, the Department of Science, Technology and Environment shall be responsible for guiding, inspecting and supervising the implementation of this Circular.

2. Making submission of long-term, annual program and plan of environmental monitoring and warning tasks in the agriculture and rural development sector to the Minister of Agriculture and Rural Development for approval.

3. Organizing management of database system of environmental monitoring and warnings in the agriculture and rural development sector.

Article 10. General departments, departments affiliated to the Ministry of Agriculture and Rural Development ;

1. Be responsible for executing the duties as prescribed in Clause 2, Article 7 and Clauses 1, 2 of Article 8 hereof.

2. Collaborate with the Department of Science, Technology and Environment on constructing a long-term, annual plan of environmental monitoring and warning duties in the agriculture and rural development sector.

3. Provide and manage information and data of environmental monitoring and warning as assigned.

Article 11. Environmental monitoring agency

1. Directly implement the requirements of environmental monitoring and warnings in the industry of agriculture and rural development as stipulated in this Circular.

2. Report results of environmental monitoring according to the provisions set out in Appendix II enclosed herewith.

Article 12. The Services of Agriculture and Rural Development

1. Be responsible for executing the duties as prescribed in Articles 7 and 8 hereof.

2. Provide and manage information and data of environmental monitoring and warning as assigned.

Article 13. Relevant organizations and individuals

1. Participate provision of information about environmental situation as defined in this Circular.

2. Collaborate with environmental monitoring agencies, general departments, departments affiliated to the Ministry of Agriculture and Rural Development, the Services of Agriculture and Rural Development on implementing the requirements defined hereof.

Article 14. Effect

1. This Circular comes into force since October 29, 2014.

2. If any difficulty arises during the implementation of this Circular, relevant organizations and individuals should make early report to the Ministry of Agriculture and Rural Development (the Department of Science, Technology and Environment) for consideration, amendment and supplementation as appropriate./.