Circular 25/2019/TT-BTNMT guidance on Decree 40/2019/ND-CP

CIRCULAR

Detailing the implementation of a number of articles of the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on Environmental Protection, and providing the management of environmental monitoring services^[1]

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

Pursuant to the Government’s Decree No. 36/2017/ND-CP April 4, 2017, defining functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on Environmental Protection;

Pursuant to the Government’s Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing the implementation of the Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 107/2016/ND-CP of July 11, 2016, prescribing conditions for provision of conformity assessment services;

Pursuant to the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, on management of wastes and scraps;

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

Pursuant to the Government’s Decree No. 18/2015/ND-CP of February 14, 2015, providing environmental protection master plans, strategic environmental assessment, environmental impact assessment and environmental protection plans;

Pursuant to the Government’s Decree No. 127/2014/ND-CP of December 31, 2014, prescribing conditions on organizations providing environmental monitoring services;

At the proposal of the Director General of the Vietnam Environment Administration and the Director of the Department of Legal Affairs,

The Minister of Natural Resources and Environment promulgates the Circular detailing the implementation of a number of articles of the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on Environmental Protection, and providing the management of environmental monitoring services,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular details a number of provisions of the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on Environmental Protection (below referred to as Decree No. 40/2019/ND-CP), and providing the management of environmental monitoring services.

Provisions to be detailed include: Clause 2a, Article 12 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 4, Article 1 of Decree No. 40/2019/ND-CP; Point a, Clause 4, Article 14 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 5, Article 1 of Decree No. 40/2019/ND-CP; Point b, Clause 4, Article 16b of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 9, Article 1 of Decree No. 40/2019/ND-CP; Point b, Clause 5, Article 17 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 10, Article 1 of Decree No. 40/2019/ND-CP; Point a, Clause 1, Article 14b of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 13, Article 2 of Decree No. 40/2019/ND-CP; Clause 4, Article 44 of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 23, Article 2 of Decree No. 40/2019/ND-CP; Clause 3, Article 23 of Decree No. 38/2015/ND-CP, which was amended and supplemented by Clause 10, Article 3 of Decree No. 40/2019/ND-CP; Clause 10, Article 56b of Decree No. 38/2015/ND-CP, which was amended and supplemented by Clause 30, Article 3 of Decree No. 40/2019/ND-CP; Clause 3, Article 59 of Decree No. 38/2015/ND-CP, which was amended and supplemented by Clause 33, Article 3 of Decree No. 40/2019/ND-CP; and Clause 2, Article 5 of Decree No. 40/2019/ND-CP, specifically as follows: