Thông tư 32/2015/TT-BGTVT

CIRCULAR

REGULATIONS ON ENVIRONMENTAL PROTECTION IN TRAFFIC INFRASTRUCTURE DEVELOPMENT

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

Pursuant to the Law on Construction No. 50/2014/QH13 dated June 18, 2014;

Pursuant to the Government's Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;;

Pursuant to the Government’s Decree No. 18/2015/NĐ-CP dated February 14, 2015 regulating planning for environmental protection, strategic environment assessment, environmental impact assessment and plans for environmental protection;

At the request of General Director of Department of Environment

The Minister of Transport regulates environmental protection in traffic infrastructure development.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular regulates environmental protection in traffic infrastructure development.

2. This Circular applies to agencies, organizations, and individuals in connection with traffic infrastructure development.

Article 2. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Environmental protection means activities to keep the environment healthy, clean and beautiful; to prevent and minimize negative effects on the environment, respond to environmental emergency; overcome environmental pollution and degradation, remediate and improve environment; make appropriate and effective exploitation and use of natural resources; protect biodiversity in traffic infrastructure development.

2. Environmental reports mean establishment and supply of information, figures and data about national environment components, natural resources on reserves, ecological and economic value, environmental impacts, waste matters, environmental pollution and degradation, and information during the implementation of traffic infrastructure development.

3. Project Owner means agencies and organizations responsible for executing regulations on investment and management of investment projects according to the laws on investment and construction including:

a) Agencies and organizations assigned by state administration agencies to serve as investor for traffic infrastructure investment and construction projects;

b) Investors, project management enterprises signing contracts for traffic infrastructure development projects with competent state agencies in the form of Public-Private Partnerships.

Chapter II

ENVIRONMENTAL PROTECTION UNDER STRATEGY, PLANNING AND PLANS FOR TRANSPORT DEVELOPMENT

Article 3. Strategic environment assessment

1. Agencies that preside over the construction or adjustment to the strategy, planning and plans for transport development (hereinafter referred to as Planning Agency) shall perform strategic environment assessment report (hereinafter referred to as SEA Report) as prescribed in Article 8 of the Government’s Decree No. 18/2015/NĐ-CP dated February 14, 2015 regulating planning for environmental protection, strategic environment assessment, environmental impact assessment and plans for environmental protection (hereinafter referred to as Decree No. 18/2015/NĐ-CP) at the same time with the process of construction or adjustment to the strategy, planning and plans.

2. Manner, structure and contents of SEA Report are prescribed in Appendices 1.2 and 1.3 of Circular No. 27/2015/TT-BTNMT dated May 29, 2015 of the Minister of Natural Resources and Environment on strategic environment assessment, environmental impact assessment and plans for environmental protection (hereinafter referred to as Circular No. 27/2015/TT-BTNMT).

3. The Planning Agency shall perform SEA Report by itself. Any consultant that is hired to perform SEA Report must meet requirements as set out in Article 9 of Circular No. 18/2015/NĐ-CP.

Article 4. Outline and cost estimates for establishment of SEA Report

1. The outline and cost estimates for the establishment of SEA Report according to Form as prescribed in Appendix enclosed herewith shall be submitted by the Planning Agency to competent agencies for appraisal and approval.

2. Time limit for appraisal and approval for the outline and cost estimates is no later than seven working days since receipt of the documentation as prescribed in Clause 1 of this Article. In case the documentation is unqualified for approval, within three working days since receipt of the documentation, the competent agencies must issue a written notice to the Planning Agency stating the reasons.

3. Expenses for the establishment of SEA Report come from capital sources for construction and adjustment to the strategy, planning and plans for transport development.

4. For the outline and cost estimates for the establishment of SEA Report for the strategy, planning and plans assigned to the Planning Agency by the Ministry of Transport, the Department of Environment shall organize appraisal and make submission to the Ministry for approval.

Article 5. Appraisal of SEA Report

1. The Planning Agency shall take the following responsibilities:

a) Establish SEA Report as prescribed in Article 3 of Circular No. 27/2015/TT-BTNMT and make the submission to competent agencies as prescribed in Clause 1, Article 16 of the Law on Environment Protection for appraisal;

b) Appoint competent personnel to proactively cooperate with the Appraisal Agency, participate and provide explanations in meeting sessions with SEA Report Appraising Board;

2. For SEA Report within competence of the Ministry of Transport, the Department of Environment shall serve as the standing agency in charge of appraisal as prescribed in Article 10 of Decree No. 18/2015/NĐ-CP and Chapter V of Circular No. 27/2015/TT-BTNMT.

3. Agencies and units affiliated to the Ministry of Transport must appoint experts that meet requirements as prescribed in Article 19 of Circular No. 27/2015/TT-BTNMT to join the SEA Report Appraising Board at the request of Department of Environment.

Article 6. Completion of SEA Report

1. The Planning Agency must study and receive comments on appraisal of SEA Report, integrate results of implementation of SEA Report into the draft strategy, planning and plans. Within a maximum of 15 working days since receipt of written notifications about appraisal results, the documentation of SEA Report as prescribed in Clause 1, Article 5 of Circular No. 27/2015/TT-BTNMT must be sent to the Appraisal Agency.

2. Results of the appraisal of SEA Report shall serve as the basis for competent agencies to examine and grant approval for the strategy, planning and plans for transport development.

Chapter III

ENVIRONMENTAL PROTECTION IN INVESTMENT AND CONSTRUCTION OF TRAFFIC INFRASTRUCTURE

Section 1: Project Preparation Phase

Article 7. Environmental impact assessment and environmental protection plan

1. Project Owner must perform environmental impact assessment report (hereinafter referred to as EIA Report) as prescribed in Article 12 of 18/2015/NĐ-CP or register environmental protection plan (hereinafter referred to as the Environmental Protection Plan)

2. Manner, structure and contents of EIA Report as prescribed in Appendices 2.2 and 2.3 of Circular No. 27/2015/TT-BTNMT;

3. Manner, structure and contents of the Environmental Protection Plan as prescribed in Appendices 5.4, 5.5 and 5.6 of Circular No. 27/2015/TT-BTNMT;

4. Project Owner shall perform EIA Report by itself. Any consultant that is hired to perform EIA Report must meet requirements as set out in Article 13 of Circular No. 18/2015/NĐ-CP.

Article 8. Outline and cost estimates for establishment of EIA Report, Environmental Protection Plan

1. The outline and cost estimates for the establishment of EIA Report, Environmental Protection Plan according to Form as prescribed in Appendix 2 enclosed herewith shall be submitted by Project Owner to competent agencies for appraisal and approval.

2. Expenses for the establishment of EIA Report, Environmental Protection Plan come from project capital.

Article 9. Appraisal and approval for outline and cost estimates for establishment of EIA Report, Environmental Protection Plan

1. Time limit for appraisal and approval for outline and cost estimates for establishment of EIA Report, Environmental Protection Plan is prescribed as follows:

a) No more than 10 working days since receipt of the documentation as prescribed in Clause 1, Article 8 with respect to projects as defined in Points 1, 2, Appendix III of Decree No. 18/2015/NĐ-CP;

b) No more than 07 working days since receipt of the documentation as prescribed in Clause 1, Article 8 with respect to projects not defined in Points 1, 2, Appendix III of Decree No. 18/2015/NĐ-CP;

In case the documentation is unqualified for approval, within three working days since receipt of the documentation, the competent agencies must issue a written notice to Project Owner stating the reasons.

2. For the outline and cost estimates for the establishment of EIA Report, Environmental Protection Plan for the projects assigned by the Ministry of Transport to Project Owner for carrying out project preparations, the Department of Environment shall organize appraisal and make submission to the Ministry for approval.

Article 10. Appraisal and approval for EIA Report, Environmental Protection Plan

1. Project Owner shall take the following responsibilities:

a) Establish EIA Report as prescribed in Article 6 of Circular No. 27/2015/TT-BTNMT and make the submission to competent agencies as prescribed in Clause 1, Article 14 of Decree No. 18/2015/NĐ-CP for appraisal, approval or establish registration documents for Environmental Protection Plan as prescribed in Article 33 of Circular No. 27/2015/TT-BTNMT and make the submission to competent agencies as prescribed in Article 32 of Circular No. 27/2015/TT-BTNMT for confirmations;

b) Pay fees for the appraisal of EIA Report according to Circular No. 218/2010/TT-BTC dated December 29, 2010 of the Ministry of Finance;

c) Appoint competent personnel to proactively cooperate with the Appraisal Agency, participate and provide explanations in meeting sessions with EIA Report Appraising Board;

2. For EIA Report within competence of the Ministry of Transport, the Department of Environment shall serve as the standing agency in charge of appraisal as prescribed in Clauses 2, 3, 4, 5, Article 14 of Decree No. 18/2015/NĐ-CP Article 8 and Chapter V of Circular No. 27/2015/TT-BTNMT.

3. Agencies and units affiliated to the Ministry of Transport must appoint experts that meet requirements as prescribed in Article 19 of Circular No. 27/2015/TT-BTNMT to join the EIA Report Appraising Board at the request of the Department of Environment.

Article 11. Completion of EIA Report, Environmental Protection Plan

1. Project Owner must study and receive comments on appraisal of EIA Report, complete EIA Report and send the documentation as prescribed in Clause 1, Article 9 of Circular No. 27/2015/TT-BTNMT to the Appraisal Agency within 15 working days since receipt of notifications about appraisal results.

2. Based on contents of EIA Report or Environmental Protection Plan, Project Owner shall determine and arrange expenses for environmental protection task from total project investment capital, and in case of need, make adjustments to the investment project to ensure integration of the project’s environmental protection measures and works.

3. Project Owner must send one certified true copy of the approval decision for EIA Report or one certified true copy of written confirmations on the coming project’s Environmental Protection Plan to:

a) Vietnam Road Administration or Bureaus responsible for state administration on traffic infrastructure investment projects governed by the Ministry of Transport

b) The Services of Transport concerning traffic infrastructure investment projects governed by localities.

4. For projects with EIA Report being approved by the Ministry of Natural Resources and Environment, Project Owner must send one certified true copy of the approval decision for EIA Report to the Ministry of Transport.

5. Project Owner must carry out re-establishment of EIA Report as prescribed in Clause 1, Article 15 of Decision No. 18/2015/NĐ-CP; re-registration of Environmental Protection Plan as prescribed in Clause 2, Article 35 of Circular No. 27/2015/TT-BTNMT.

6. The Approval Decision for EIA Report serves as the basis for competent authorities to carry out the duties as prescribed in Points a, b, d and dd, Clause 2, Article 25 of the Law on Environment Protection. Written confirmations on Environment Protection Plan serve as the basis for Project Owner to develop the implementation of the project.

Section 2: Project Implementation Phase

Article 12. Project Owner

1. Project Owner must put commitments to environment protection, waste treatment measures and negative impact minimizing methods as described in approved or confirmed EIA Report or Environmental Protection Plan in the bidding documents and contracts with construction contractors.

2. Project Owner must be responsible for organizing and managing the task of environmental protection in construction activities and perform the followings:

a) Establish and grant approval for the project’s environmental management plan according to Form as prescribed in Appendices 2.9 and 2.10 enclosed with Circular No. 27/2015/TT-BTNMT and submit an official dispatch according to Form as prescribed in Appendix 2.11 enclosed with Circular No. 27/2015/TT-BTNMT to People’s Committees of communes where consultation is provided during the implementation of EIA Report for publication of the project's environmental protection plan before starting the construction;

b) Instruct, disseminate and propagate information of environmental management plan, waste treatment measures and methods to minimize negative impact on environment of the bid package to personnel of the contractor.

c) Supervise and speed up the implementation of measures to manage, collect and treat waste (especially hazardous waste), measures to minimize dust, noise and vibration, and measures to respond to the environment, guarantee traffic safety during the construction; on a weekly basis, conduct the assessment of compliance with regulations on environment by the contractor, keep written record of assessment according to Form as prescribed in Appendix 3 hereof;

d) On a regular basis, organize environmental monitoring, compilation, assessment and establishment of reports on compliance with the project’s regulations on environment according to the construction progress and make submission to environment agencies affiliated to People’s committees of provinces and the agency that grants approval for EIA Report;

dd) In case activities of construction are brought to a halt due to occurrence of environmental emergencies, perform remedial measures and make immediate report to the agency that grants approval decision and People’s Committees of communes, or People’s committees of districts or the Service of Natural Resources and Environment where the project is implemented;

e) Make explanatory reports to the agency that grants approval for EIA Report on changes to scale, capacity and technology of the project resulting in the increase in negative impacts on the environment but not at the extent to which EIA Report must be re-established. Such changes are allowed to be implemented only after a written approval is issued.

g) Keep records of environmental protection of the project; cooperate and supply relevant information to environmental protection authorities for inspection and investigation;

h) Handle violations of environmental protection committed by the construction contractor as prescribed in the bid package under terms and conditions of the signed contract.

Article 13. Construction contractor

1. The construction contractor must comply with the laws on environmental protection, standards and technical regulations on environment and satisfy requirements for environmental protection under the contract signed with Project Owner.

2. During the construction of traffic infrastructure, the construction contract must perform the following basis duties:

a) Organize the implementation of the project’s environmental management plan, waste treatment measures and measures to minimize negative impacts on environment as prescribed in the bid package.

b) Regularly supervise and speed up personnel and staff to comply with requirements for environmental protection as prescribed in the bid package during the construction; enhance awareness of environmental protection among employees;

c) Collect, store, transport, treat or dump solid waste (sludge, excavated earth, soil, dredged gravel, scraps...) according to positions, methods and quantity as prescribed;

d) Collect and store domestic waste, sign a contract with local service units for transport and treatment;

dd) Collect and store hazardous waste and sign a contract with a licensed hazardous waste management unit for transport and treatment;

e) Arrange temporary WCs, waste collection and storage equipment, and wastewater treatment plants on the site, site offices and workers’ shelter areas.

g) Implement measures to reduce dust, noise and vibration, measures of water drainage and local anti-flooding; organize the implementation of plans for emergency responses, ensure traffic safety throughout the construction;

h) Conduct extraction of mineral to be used as building materials, use natural resources of water; discharge wastewater to the sources as prescribed in the law on minerals and natural resources of water; organize and manage industrial explosives and construction blasting according to the law on industrial explosives

i) Manage and maintain technical conditions of transport vehicles and construction equipment and machinery according to regulations on technical safety quality and environmental protection; comply with regulations on vehicular weight; build shelters, prevent leakage or scattering that may cause environment pollution during transport of raw materials and waste.

k) Revert the environment to its original state, conduct the cleanup of the site, rivers or canals after the bid package is completed;

l) Cooperate and supply relevant information to environmental protection authorities for inspection and investigation;

3. The construction contractor is encouraged to:

a) Apply ISO 14000 in the task of environmental management;

b) Apply measures to exploit and use building materials in an appropriate, effective way and in ecological balance;

c) Re-use or recycle waste for useful purposes; take full advantage of construction scraps in combination with research findings or new technologies to create useful products in accordance with regulations, ensure environmental safety and hygiene;

d) Establish environment protection funds as prescribed in Clause 1, Article 149 of the Law on Environment Protection.

Article 14. Environmental Consultant

1. Environmental consultant must obtain certificates of satisfaction of requirements for environmental monitoring activities (hereinafter referred to as the Certificate) as prescribed in the Government’s Decree No. 127/2014/NĐ-CP dated December 31, 2014; contents of the Certificate must conform with activities of environmental monitoring throughout the construction.

2. Environmental consultant must comply with technical processes in environmental monitoring, technical regulations on environment and be responsible to Project Owner and the law for information and figures it has established during the implementation of environmental monitoring.

Section 3: PHASE OF COMPLETION AND PUTTING THE PROJECT INTO OPERATION

Article 15. Reports on completion of environmental protection task

1. Owners of projects that have waste treatment works must carry out trial operation of the waste treatment work as prescribed in Clause 4, Article 10 of Circular No. 27/2015/TT-BTNMT and Clause 4, Article 16 of Circular No. 18/2015/NĐ-CP.

2. Project owners as entities as prescribed Column 4, Appendix II enclosed with Circular No. 18/2015/NĐ-CP must carry out the establishment of reports on the implementation of environmental protection works serving the operation phase as prescribed in Clause 2, Article 12 of Circular No. 27/2015/TT-BTNMT and make submission to the agency that grants approval for EIA Report for inspection and confirmations before putting the project into official operation.

3. Activities of inspection and confirmation on environmental protection works serving the operation phase are prescribed in Article 17 of Decree No. 18/2015/NĐ-CP and Chapter IV of Circular No. 27/2015/TT-BTNMT.

4. For projects with EIA Report being approved by the Ministry of Transport, the Department of Environment shall carry out inspection of environmental protection works and make submission to the Ministry for confirmations

Chapter IV

INSPECTION AND REPORTS

Article 16. Annual environmental reports

1. Annual environmental reports for each project according to Form as prescribed in Appendix 4 enclosed herewith must be established and sent by Project Owner before December 01 of the following year to:

a) Vietnam Road Administration or Bureaus affiliated to the Ministry of Transport responsible for state administration on traffic infrastructure investment projects governed by the Ministry of Transport;

b) The Services of Transport concerning traffic infrastructure investment projects governed by localities;

2. Vietnam Road Administration and Bureaus affiliated to the Ministry of Transport shall make compilation and send annual reports on environmental protection of traffic infrastructure investment projects within their competence to the Ministry of Transport before December 10.

3. The Services of Transport shall make compilation and send annual reports on environmental protection of traffic infrastructure investment projects within local management to the Ministry of Transport before December 10.

4. The Department of Environment shall compile and make annual reports on environmental protection for the Transport Sector on the basis of annual reports submitted by agencies as prescribed in Clauses 2 and 3 of this Article.

Article 17. Inspection of environmental protection task

1. Plan for inspection of environmental protection task as follows:

a) The plan must be annually established and publicly notified to relevant agencies, units and project owners;

b) Inspection shall be conducted on compliance with regulations on environmental protection and contents as approved in the project’s AIR Report, Environmental Protection Plan throughout the construction;

c) Inspection must be notified in writing to Project Owner at least five days in advance.

2. The Department of Environment, Vietnam Road Administration and Bureaus affiliated to the Ministry of Transport shall coordinate establishment and implementation of the plan for inspection of environmental protection task with respect to traffic infrastructure investment projects centrally governed.

3. The Services of Transport shall carry out the establishment and implementation of the plan for inspection of environmental protection task with respect to traffic infrastructure investment projects locally governed.

4. In addition to provisions set out in Clause 2 of this Article, as requested, the Department of Environment shall carry out irregular inspection of environmental protection task with respect to traffic infrastructure investment projects within competence of the Ministry of Transport.

Chapter V

IMPLEMENTATION

Article 18. Responsibilities of General Department, Bureaus, Corporations, companies affiliated to the Ministry of Transport

1. Strictly comply with regulations on environmental protection and provisions set out hereof;

2. Have divisions, part-time or full-time personnel in environmental protection

3. Organize appraisal and approval for outline and cost estimates for the establishment of EIA Report and Environmental Protection Plan of traffic infrastructure investment projects within competence;

4. Propagate and instruct affiliated agencies and units and groups of officials, civil servants and employees within management to execute regulations on environmental protection and provisions set out hereof.

Article 19. Responsibilities of advisory agencies affiliated to the Ministry of Transport

1. The Department of Environment shall take the following responsibilities:

a) Instruct and deploy the task of environmental protection in traffic infrastructure development as prescribed hereof;

b) Make annual reports to the Ministry on the task of environmental protection of the Transport Sector;

c) Preside over establishment and submission of the plan for inspection of environmental protection task to the Ministry for approval and carry out the inspection of compliance with regulations on environmental protection and provisions set out hereof.

2. The Department of Planning and Investment shall make proposals to the Ministry for financing the task of environmental protection, make adjustments to the strategy, planning and plans for transport development and traffic infrastructure investment projects.

3. Organization and Personnel Department shall preside over and cooperate with the Department of Environment in making proposals to the Ministry for making decisions on commendations to agencies, organizations, and individuals for achievements in the implementation of environmental protection task according to the Law on Environmental Protection and provisions set out hereof.

4. Ministry Offices, Ministry Inspectorate, and Departments affiliated to the Ministry within functions and responsibility shall be responsible for cooperating with Department of Environment in organizing the execution of regulations on environmental protection and provisions set out hereof.

Article 20. Responsibilities of local authorities

1. People’s committees of central-affiliated cities and provinces within management shall perform the exercise of this Circular in the establishment and adjustment of the planning and plans for transport development in localities and in traffic infrastructure investment projects.

2. The Services of Transport shall comply strictly with regulations on environmental protection and provisions set out hereof; be proactive in grasping environmental developments at the construction site in the administrative division; coordinate with the Ministry of Transport’s Inspectorate in conducting inspection of environmental protection task in the administrative division.

Article 21. Effect

This Circular takes effect since September 10, 2015 and supersedes the Minister of Transport's Circular No. 09/2010/TT-BGTVT dated April 06, 2010 regulating environmental protection in traffic infrastructure development and Circular No. 13/2012/TT-BGTVT dated April 24, 2012 amending and supplementing a number of articles of Circular No. 09/2010/TT-BGTVT

Article 22. Implementary provisions

Chief of the Ministry Office, Chief Inspector, Director General of Vietnam Road Administration, directors-general of specialized bureaus, heads of agencies, directors of the Services of Transport and relevant organizations and individuals shall be responsible for executing this Circular./.