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Sửa đổi, bổ sung một số điều của Thông tư số 08/2009/TT-BTNMT ngày 15 tháng 7 năm 2009 của Bộ trưởng Bộ Tài nguyên và Môi trường quy định quản lý và bảo vệ môi trường khu kinh tế, khu công nghệ cao, khu công nghiệp và cụm công nghiệp

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

 

 
 
  
No: 48/2011 / TT-BTNMT

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

 

 
 
  
   Hanoi, December 28, 2011

 

CIRCULAR

Amending and supplementing some articles of Circular No. 08/2009 / TT-BTNMT

July 15, 2009 of the Minister of Natural Resources and Environment management and environmental protection economic zones, high-tech zones,

industrial zones and industrial clusters

 

 
 
 
 


MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

 

Pursuant to the Law on Environmental Protection November 29, 2005;

Pursuant to Decree No. 29/2008 / ND-CP of March 14, 2008 of the Government on industrial parks, export processing zones and economic zones;

Pursuant to Decree No. 99/2003 / ND-CP of August 28, 2003 of the Government promulgating the Regulation on high technology;

Pursuant to Decree No. 80/2006 / ND-CP of August 9, 2006 of the Government on detailed regulations and guidelines for implementation of some articles of the Law on Environmental Protection;

Pursuant to Decree No. 21/2008 / ND-CP dated 28 May 02, 2008, amending and supplementing a number of articles of Decree No. 80/2006 / ND-CP of August 9, 2006 of the Government about the detailed provisions and guiding a number of articles of the Law on environmental Protection;

Pursuant to Decree No. 29/2011 / ND-CP of April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, environmental protection commitments;

Pursuant to Decree No. 25/2008 / ND-CP of March 4, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment, has been amended and supplementing Decree No. 19/2010 / ND-CP of March 5, 2010 and the Government's Decree No. 89/2010 / ND-CP of August 16, 2010 of the Government;

At the request of the Director General of Department of Environment, Department of Legislation,

RULES:

Article 1, amending and supplementing some articles of Circular No. 08/2009 / TT-BTNMT July 15, 2009 of the Minister of Natural Resources and Environment management and environmental protection economic zones, tech parks, industrial parks and industrial clusters:

1 To amend and supplement Article 4 as follows:

"Article 4 Organization directly responsible for environmental protection and economic zones, hi-tech parks, industrial parks and industrial clusters

1 Economic Zone Management Board, the Management Board tech parks, industrial parks management board, agency management industrial complex is the organization responsible for managing the environmental protection EZs, IP or IC functions and tasks of state management agencies competent to perform assigned.

2 Economic Zone Management Board, the management committee of high-tech industrial park management boards, management agencies must have industrial clusters specialized agencies and officials in charge of environmental protection under the provisions Decree No. 81/2007 / ND-CP of May 23, 2007 of the Government regulating organizations, professional division of environmental protection in state agencies and state enterprises.

3 Investors and business building infrastructure engineering EZs, IPs and ICs must have specialized division of environmental protection under the provisions of the law on environmental protection.

4. manufacturing facilities, sales and services in EZs, IPs and ICs must assign personnel to monitor the environmental effects of the facility; responsible for environmental management within the facility. "

2 To amend and supplement Clause 1 and Clause 2 of Article 5 as follows:

a) Paragraph 1 is amended and supplemented as follows: "1. Construction planning EZs, IPs and ICs must be consistent with economic development planning - the region's social, land-use planning in the provinces and cities directly under the central government, limited arable land use agriculture, non-infringement of natural protected areas, national parks, ensuring sustainable development and national security.

Encouraging reports are implementing strategic environmental assessment (SEA) for the master plan development EZ ";

b) Paragraph 2 is amended and supplemented as follows: "2. Proportion of land area is cultivated trees, gardens, lawns fence HTP, IP, CCN at least equal to 10% of the total area of the entire IP or CCN ".

3 To amend and supplement Clause 2, Clause 4, Article 6 as follows:

a) Paragraph 2 is amended and supplemented as follows: "2. When planning and design, to provide the venue for temporary storage and transfer of solid waste in EZs, IPs and ICs; must specify the host institution, transportation, solid waste and hazardous waste are often of EZs, IPs and ICs.

In the case of all manufacturing establishments, business and services in EZs, IPs and ICs are required to have a contract with the host institution, transportation and disposal of solid waste and normal waste harm need not allocate temporary storage locations and transfer of solid waste in EZs, IPs and ICs.

The production base of business and services in EZs, IPs and ICs must allocate temporary storage location at the solid waste facility before being transported for processing ";

b) Paragraph 4 is amended and supplemented as follows: "4. IP or CCN must have wastewater treatment plants focus. Wastewater treatment plants concentrate can be divided into multiple units (modules), but make sure to handle all the water discharged achieve environmental technical regulations in force. Investors of the wastewater treatment plant design focus must install automatic monitoring system, continuous flow of waste water parameters: pH, COD, TSS and some other parameters specific in the effluent of HTP, IP, CCN's decision requested approval of environmental impact assessment, before being discharged into the receiving water. The automatic monitoring stations to ensure technical requirements of connecting to an automatic data transfer, continuity of the state management agency for environmental agencies require. For automatic observation stations available but did not meet the technical requirements of connecting to an automatic data transfer, it must continuously adjust plans to meet this regulation. "

  4 To amend and supplement Article 7 as follows:

"Article 7 Responsibilities of investment in construction and infrastructure business and economic zones, hi-tech parks, industrial parks, industrial clusters

To formulate the report on environmental impact assessment (EIA) or Environmental protection schemes under the provisions of Decree No. 29/2011 / ND-CP of April 18, 2011 Government Regulation on assessment environmental strategy, environmental impact assessment, environmental commitment. "

5 To amend and supplement Clause 3 of Article 9 as follows:

"3. Regarding solid waste management: to implement the content as prescribed in paragraph 3 of Article 1 of this Circular and the provisions of the law on solid waste management. "

6 To amend and supplement Clause 1, Article 10 as follows:

"1. Coordinate with state management agencies on environmental protection conduct and supervise the implementation of the contents of the report on environmental impact assessment, the environmental protection commitments approved, certified in the construction phase of the project. "

7 To amend and supplement Clause 1, Article 12 as follows:

"1. Just consider receiving investment projects in branches has been described in the report on environmental impact assessment of construction projects and business and technical infrastructure IP or muscle ICs state regulators have approved jurisdiction. For projects not on the lines described in the report on environmental impact assessment, the Board of Management of IP or CCN must consult with the State agency has approved the assessment report dynamic environment for HTP, IP, CCN before receiving investment projects ".

8 amend and supplement Article 13 as follows:

"Article 13: Conditions for the production projects, business and investment services in economic zones, hi-tech parks, industrial parks and industrial clusters are put into operation

1 Having defined the basis of receiving, shipping and handling solid waste and hazardous waste are often of EZs, IPs and ICs specified in paragraph 3 of Article 1 of this Circular and the provisions law on solid waste management.

2 The output of the project wastewater production, business and service has been directly connected to the wastewater collection system for wastewater treatment plant focus of EZs, IPs and ICs; except where the production facilities business services in EZs, IPs and ICs has its own wastewater treatment plant to achieve environmental technical regulations prior to the current wastewater treatment plant focus of EZ , IP or CCN and built to meet the conditions specified in Article 45 of Decree No. 88/2007 / ND-CP of May 28, 2007 of the Government on urban sewerage and industrial parks.

3 The project has produced a full installation and commissioning of test equipment wastewater treatment, air pollution control, noise abatement and apply environmental protection measures such as committed in the press assessment of environmental impacts or environmental commitments and the authorities competent to examine and certify the completion of environmental remediation projects. "

9 To amend and supplement Clause 1, Clause 4 and Clause 5 of Article 14 as follows:

a) Paragraph 1 is amended and supplemented as follows: "1. Prepare and submit to the competent authority approval of environmental impact assessment (EIA) or confirm commitments for environmental protection under the provisions of Decree No. 29/2011 / ND-CP of April 18, 2011 Government regulation on strategic environmental assessment, environmental impact assessment, environmental commitment ";

b) Paragraph 4 is amended and supplemented as follows: "4. Must sign a written agreement or contract with the investor economics and business building infrastructure engineering EZs, IPs and ICs on the conditions for connecting the base wastewater collection system of wastewater treatment plant effluent concentration; except for the base case has its own wastewater treatment plant as defined in paragraph 2 of Article 13 of Circular No. 08/2009 / TT-BTNMT July 15, 2009, as amended and supplemented in paragraph 8 of Article 1 this Circular ";

c) Paragraph 5 is amended and supplemented as follows: "5. To connect the output of the sewerage system in the wastewater collection system to the wastewater treatment plant to focus all under the supervision of the construction business and technical infrastructure EZs, IPs and ICs, unless the facility has its own wastewater treatment plant as defined in paragraph 2 of Article 13 of Circular No. 08/2009 / TT-BTNMT July 15, 2009, as amended and supplemented by Clause 8 of Article 1 of this Circular. "

10 To amend and supplement Article 15 as follows:

"Article 15: Responsibilities of the construction business and technical infrastructure and economic zones, hi-tech parks, industrial parks and industrial clusters

1 Monitoring activities discharge monitoring of production facilities, sales and services in wastewater treatment plants concentrated in accordance with the signed contract.

2 Make sure the waste water treatment works, the work of collecting, sorting, temporary storage and disposal of solid waste EZs, IPs and ICs meet the requirements of environmental protection.

3 Take care to ensure development reaches green coverage rate in IP or CCN prescribed at Point b, Clause 2, Article 1 of this Circular. "


11 To amend and supplement Article 17 as follows:

"Article 17: Protection of the environment in economic zones, hi-tech parks, industrial parks and industrial clusters

1 All activities drainage of EZs, IPs and ICs must comply with the provisions of Decree No. 88/2007 / ND-CP of May 28, 2007 of the Government on urban drainage and industrial parks.

2 The discharge of wastewater into the receiving water must comply with the provisions of the law on environmental protection, water resources, water exploitation and protection of irrigation works. It is strictly prohibited to dilute effluent after passing through wastewater treatment systems.

3 of waste water production facilities, business services must be pre-treated to achieve the agreed conditions with investors and business building infrastructure before connected to the collection system waste water treatment plants, effluent concentration, except for the base case production, business and service has its own wastewater treatment plant, as defined in paragraph 2 of Article 13 of Circular No. 08/2009 / TT-BTNMT July 15, 2009, as amended and supplemented in paragraph 8 of Article 1 of this Circular. Domestic wastewater from the manufacturing facility, business services and other organizations and individuals in the IP or CCN after primary treatment (in septic tanks, ...) should be followed in handling wastewater treatment plant focus of HTP, IP, IC or at the station's own wastewater treatment facility.

4 Blocks all waterway transport ballast water discharge untreated achieve technical regulations applicable environmental and waste waters into rivers, streams and coastal EZ, HTP or IP and ICs.

5 manufacturing facilities, sales and services in EZs, IPs and ICs must pay a fee for environmental protection according to the current regulations. "

12 To amend and supplement Article 18 as follows:

"Article 18: Management of solid waste and hazardous waste generated in the economy, high-tech zones, industrial parks and industrial clusters

1 All production facilities, sales and services in EZs, IPs and ICs to implement collection and sorting of solid waste common, medical waste and hazardous waste in accordance with the provisions of law.

2 Solid waste of EZs, IPs and ICs must be collected and classified 100% own a non-hazardous waste (solid waste normally), medical waste and hazardous waste.

3 The collection, sorting, transport and disposal of hazardous solid wastes from health care activities must comply with the provisions of Decision No. 43/2007 / QD-BYT November 30, 2007 by the Minister Ministry of Health issued regulations for medical waste management.

4 The collection, sorting, transport and disposal of hazardous waste from production activities, the business must comply with the provisions of Decree No. 59/2007 / ND-CP of April 9, 2007 by Government solid waste Management Circular No. 12/2011 / TT-BTNMT April 14, 2011 of the Ministry of Natural Resources and Environment regulations for hazardous waste management.

5 sludge wastewater treatment plant and sewer network of EZs, IPs and ICs must be collected and transported by special vehicles brought to a centralized processing facility waste to treated up to specifications current environment. Where the sludge does not contain substances exceeding the prescribed concentration in environmental technical regulations applicable to hazardous waste thresholds are treated as ordinary solid waste or reusable.

6 All production facilities, sales and services of hazardous waste must fulfill their responsibilities for hazardous waste management under the provisions of Circular No. 12/2011 / TT-BTNMT 14 months 4, 2011 of the Ministry of Natural Resources and Environment regulations on hazardous waste management.

7 production facilities, sales and services in EZs, IPs and ICs must pay a fee for environmental protection for solid waste under the provisions of Decree No. 174/2007 / ND-CP dated 29 May 11, 2007 of the Government on environmental protection charges for solid waste. "

13 To amend and supplement Clause 1 and Clause 2 of Article 21 as follows:

a) Paragraph 1 is amended and supplemented as follows: "1. Economic Zone Management Board, IP or CCN Management Agency is responsible for regularly inspect and perform annual aggregate information from investors and business building infrastructure for environmental reporting school for EZs, IPs and ICs and sent to the VEA, Department of Natural Resources and Environment reporting form in Appendix 1 attached herewith and take responsibility before law for the information, data in the report ";

b) Paragraph 2 is amended and supplemented as follows: "2. Investors and business building infrastructure is responsible for the technical implementation of environmental monitoring as prescribed in the EIA report, environmental protection projects have been approved. The monitoring must be done by qualified units engaged in environmental monitoring and compliance monitoring procedures specified in the current text. Report on environmental monitoring results submitted to the Management Board EZs, IPs and ICs Management Agency, Department of Natural Resources and Environment reporting form in Appendix 2 to this Circular. "

14 To amend and supplement Clause 2 of Article 27 as follows:

"2. To chair and coordinate with the EZ, HTP, IP and IC-Managing Agencies shall inspect and certify the results of the test run for the waste treatment works project construction investment and economic technical infrastructure EZs and ICs and waste treatment facilities of construction projects in EZs, IPs and ICs under delegated authority before the project officially put into operation ".

15th amend and supplement Clauses 1, 3, 4 and 7, Article 28 as follows:

a) Paragraph 1 is amended and supplemented as follows: "1. Guide, inspect all construction investment and business infrastructure, production facilities, business services and functional areas in the EZ, the production facilities, sales and services in the HTP , IPs under management of the implementation of the provisions of Circular No. 08/2009 / TT-BTNMT July 15, 2009, as amended and supplemented by this Circular ";

b) Paragraph 3 is amended and supplemented as follows: "3. Represented in the Council's evaluation of the EIA report projects invested in EZs, IPs and ICs ";

c) Section 4 is amended and supplemented as follows: "4. Coordinate with state agencies manage environmental inspect and certify the results of the test run waste treatment facilities of construction investment projects and business infrastructure EZ, HTP or IP and the construction of the waste treatment projects in EZs, IPs before going into official operation ";

d) Paragraph 7 is amended and supplemented as follows: "7. To receive and resolve environmental disputes between production facilities and business services in the EZ, HTP, IP; chair and coordinate with authorities to resolve environmental disputes between production facilities and business services in EZs, IPs and outsiders; receiving proposals and coordinate with state management agencies in addressing environmental complaints and denunciations about the environment in EZs, IPs ".

16 Amendment and supplement Clause 3, Article 32 as follows:

"3. Police agencies to prevent environmental crimes involved, coordinate the implementation of the inspection and examination of environmental protection EZs, IPs and ICs under the provisions of the Joint Circular No. 02/2009 / TTLT -BCA-BTNMT 06 May 02, 2009 of the Ministry of Public Security and the Ministry of Natural Resources and environment guiding relations coordinate prevention, anti-crime and violations of the law on environmental protection ".

Article 2 Amendment phrase "national technical regulations on the environment," defined in Clause 5, Article 6 and paragraph 1 of Article 16 of Circular No. 08/2009 / TT-BTNMT July 15, 2009 by the Minister Ministry of Natural Resources and environment management and environmental protection economic zones, hi-tech parks, industrial parks and clusters nghiepbang phrase "technical regulations current environment."

  Article 3: Organization of implementation

1 This Circular takes effect on 15 January 02 2012.

2 In the course of implementation, if any problems arise, organizations and individuals to the Ministry of Natural Resources and Environment for review and processing. /.

 

Recipients:

- ONA;

- Office of the President;

- Office of the Government;

- The ministries, ministerial-level agencies, agencies attached to the Government;

- The central offices of the unions;

- People's Committees of provinces and cities directly under the Central Government;

- Department of Natural Resources and Environment of the Province,

central cities;

- The Management Board of industrial zones, HTP;

- Inspection Department legal documents - Ministry of Justice;

- Gazette, VGP;

- Units of the Ministry of Natural Resources and Environment; Website of the Ministry;

- Note: VT, IDU, PC. P.300.

KT. MINISTERS

VICE

 

 

 

 


Bui Cach Tuyen

 

 

Appendix 1

SAMPLE REPORT ENVIRONMENTAL MANAGEMENT

(Issued together with Circular No. 48/2011 / TT-BTNMT December 28, 2011 of the Ministry of Natural Resources and Environment, amending and supplementing a number of articles of Circular No. 08/2009 / TT-BTNMT 15 months 7, 2009, the Minister of Natural Resources and environment management and environmental protection economic zones, hi-tech parks, industrial parks and industrial complexes)

 

 

PEOPLE'S COMMITTEE ...

MANAGEMENT NAME EZ / HTP / IZ OR MANAGEMENT AGENCY ICs

 

 

 

 

 

 

ENVIRONMENTAL MANAGEMENT REPORT

EZ / IZ / EPZ / CCN

 

 

 

 

LEAD AGENCY

(Signature, name and seal)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May ....., ..... years

 

 

I. GENERAL INFORMATION

- Name of the Management Board EZ / HTP / IPs or ICs Management Agency:

- Address:

- Representative:

- Phone: Fax: E-mail:

- The activity in the EZ / HTP / IPs / ICs (based on data in Figure 1a).

II. ENVIRONMENTAL STATUS IN EZ / HTP / IPs / ICs

- Assessment of the environmental status of air, noise in the EZ / HTP / IPs / ICs and compared to standards, technical regulations current environment. Assessment of changes compared to (the) previous year, expressed as the comparison chart.

- Assessment of the environmental status of the land in the EZ / HTP / IPs / ICs and compared to standards, technical regulations current environment. Assessment of changes compared to (the) previous year, expressed as the comparison chart.

- Evaluation of water environment in the EZ / HTP / IPs / ICs in quality, the total amount of waste (estimated in the reporting year) and comparison with standards, technical regulations current environment. Assessment of changes compared to (the) previous year, expressed as the comparison chart.

- Evaluation of the total amount of solid waste (industrial solid waste, hazardous waste, sewage sludge, ...) incurred in the EZ / HTP / IPs / ICs, including collection, transportation, treatment management (including contracts with outside entities). Assessment of changes compared to (the) previous year, expressed as the comparison chart.

- A number of other related issues.

III. OPERATING ENVIRONMENT PROTECTION IN EZ / HTP / IPs / ICs

- Status of compliance and implementation of legislation in environmental protection activities (laws, decrees and circulars, ...). Results of the inspection, environmental inspection in the EZ / HTP / IPs / ICs.

- Evaluation of the operation of the waste treatment facilities and environmental protection measures in the other EZ / HTP / IPs / ICs (Specify the quantity and size of the project activity, comparisons with the status of waste generation and disposal needs).

- Implementation of the provisions on monitoring, information and reporting the results of environmental monitoring in the EZ / HTP / IPs / ICs.

IV. CONCLUSIONS - RECOMMENDATIONS

- General assessment of the environmental quality of the EZ / HTP / IPs / ICs.

- General assessment of compliance with environmental regulations in the EZ / HTP / IPs / ICs.

- Evaluation of the difficulties and problems in environmental protection activities in the EZ / HTP / IPs / ICs and suggestions and recommendations (if any) with the state agency.

APPENDIX V.

- List of EZs, IPs and ICs according to Figure 1a local.

- The table represents the results of the analysis, monitoring parameters for each component in the EZ environment / HTP / IPs / ICs.

- The results of the inspection and examination.

 

 

Figure 1a. List EZ / HTP / IPs / ICs

 

TT

Name EZ / HTP / IPs / ICs

Year of Establishment

location

Area (ha)

The occupancy rate (%)

Type of primary production

The total amount of solid waste (tons / year)

The total volume of wastewater (m3 / year)

Status wastewater treatment system

 

 

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