Circular No. 02/2018/TT-BXD dated February 06, 2018 of the Ministry of Construction providing for environmental protection in construction and reporting thereof

THE MINISTRY OF CONSTRUCTION

Circular No. 02/2018/TT-BXD datedFebruary 06, 2018 of the Ministry of Construction providing for environmental protection in construction and reporting thereof

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Government s Decree No. 19/2015/ND-CP dated February 14, 2015 detailing the implementation of a number of articles of the Law on environmental protection;

Pursuant to the Government’s Decree No. 81/2017/ND-CP dated July 17, 2017 defining Functions, Tasks, Powers and Organizational Structure of Ministry of Construction;

At the request of the Director of the Science - Technology and Environment Department,

Minister of Construction promulgates a Circular providing for environmental protection in construction and reporting thereof.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1. This Circular provides for responsibility for environmental protection of project owners and building contractors during the implementation of construction works and reporting thereof.

2. This Circular applies to authorities, local and foreign organizations and individuals involved in execution of construction works and environmental protection in construction.

Article 2. Interpretation of terms

For the purpose of this Circular, the terms below are construed as follows:

1."Reporting on environmental protection” refers to the preparation and provision of information, figures and data about sources of waste, impacts of waste on the environment, waste management and environmental protection during the execution of construction works and operation of manufacturers in construction field.

2.“Project owner” is the main investor of the construction project as defined in the law on construction.

3.“Manufacturers in construction field” means manufacturers of building materials, facilities exploiting minerals used as building materials and manufacturers of building mechanical products that operate in provinces or central-affiliated cities.

Chapter II

ENVIRONMENTAL PROTECTION IN CONSTRUCTION

Article 3. Project owner’s responsibility for environmental protection during execution of construction works

1.Formulate the environmental protection and management plan based on the environmental management program specified in the environmental impact assessment report approved by a competent authority or the environmental protection plan certified by the competent authority in accordance with regulations of the Government’s Decree No. 18/2015/ND-CP dated February 14, 2015 on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan, the Circular No. 27/2015/TT-BTNMT dated May 29, 2015 by the Ministry of Natural Resources and Environment on strategic environmental assessment, environmental impact assessment and environmental protection plan before commencing the construction works.

2.Arrange environmental staff as prescribed by the Law on environmental protection to inspect the contractor’s implementation of the environmental protection and management plan, and regulations on environmental protection during the execution of construction works.

3.Based on environmental protection measures included in the environmental impact assessment report or the environmental protection plan approved or certified by a competent authority, allocate enough funding for implementing the environmental protection and management plan during the execution of construction works.

4.Inspect the contractor’s compliance with regulations on environmental protection during the execution of construction works.

5.Suspend the execution works and request the contractor to take corrective actions to ensure the satisfaction of environmental protection requirements when detecting any serious violations against regulations on environmental protection in construction or risks of serious environmental emergencies.

6.Cooperate with contractor to handle and remedy any environmental pollution events or emergencies; promptly report and cooperate with competent authority to respond to environmental pollution events, environmental emergencies and other problems.

Article 4. Responsibility of building contractor

1.Implement the environmental protection and management plan, and regulations on environmental protection during the execution of construction works.

2.Arrange environmental staff as prescribed by the Law on environmental protection to implement environmental protection measures included in the environmental impact assessment report or the environmental protection plan of the construction project.

3.Formulate and implement internal rules and regulations on environmental protection during the execution of construction works.

4.Establish and request the project owner to approve environmental protection measures and solutions in construction field.

5.Organize training activities and disseminate internal rules/regulations on environmental protection and environmental protection measures to officials, workers and relevant individuals at the construction site.

6.Suspend construction works when finding out any risks of serious environmental emergencies or pollution events, and take corrective actions so as to the satisfaction of environmental protection requirements in construction.

7.Comply with other regulations of the law on environmental protection.

Chapter III

REPORTING REGIME ON ENVIRONMENTAL PROTECTION

Article 5. Reporting regime on environmental protection by manufacturers in construction field

Manufacturers in construction field shall:

1.Prepare annual reports on environmental protection using the form stated in the Appendix 1 enclosed herewith, and send them to the Provincial Department of Construction by December 31 of the current year.

2.Update and keep data of reports on environmental protection in the software for online management of construction environmental data at http://dulieumoitruong.xaydung.gov.vn/.

Article 6. Reporting on environmental protection by Provincial Departments of Construction

Provincial Departments of Construction shall:

1.Prepare annual reports on environmental protection using the form stated in the Appendix 2 enclosed herewith, and send them to the Ministry of Construction by January 15 of the following year.

2.Update and keep data of reports on environmental protection in the software for online management of construction environmental data at http://dulieumoitruong.xaydung.gov.vn/.

Article 7. Reporting regime on environmental protection by consulting contractors and supervision contractors

1.Promptly inform the project owner and relevant contractors of any risks or problems that may adversely affect the environmental protection works during the execution of construction works so as to take appropriate preventive or corrective actions.

2.Submit periodic or unexpected reports to the project owner on the satisfaction of environmental protection requirements in construction by contractors under terms and provisions of the consulting service agreements.

Article 8. Implementation effect

This Circular takes effect on April 01, 2018. To anull the Decision No. 29/1999/QD-BXD dated October 22, 1999 by the Minister of Construction on promulgation of Regulation on environmental protection in construction from the effective date of this Circular.

Article 9. Implementation responsibilities

Ministries, Ministerial-level agencies, People’s Committees at all levels, and relevant organizations and individuals shall implement this Circular./.

For the Minister

The Deputy Minister

Phan Thi My Linh