Circular No. 30/2016/TT-BTNMT dated October 12, 2016 of the Ministry of Natural Resources and Environment on management, improvement and remediation of residue-contaminated sites

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT 

Circular No. 30/2016/TT-BTNMT dated October 12, 2016 of the Ministry of Natural Resources and Environment on management, improvement and remediation of residue-contaminated sites

Pursuant to the Law on Environment protection dated June 23, 2014;

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

Pursuant to the Government’s Decree No.21/2013/ND-CP dated March 04, 2013 on functions, rights and responsibilities and organizational structures of the Ministry of Natural Resources and Environment;

At request of the Director General of the Vietnam Environment Administration and Director of Departments of Legal Affairs

The Minister of Natural Resources and Environment hereby issues this Circular on management, improvement and remediation of the environment which is contaminated by residual contamination.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular details point a, point b, clause 3 Article 107 of the Law on Environmental Protection, clauses 3 and 4 Article 13 of the Government’s Decree No.19/2015/ND-CP dated February 14, 2015 detailing a number of Articles of the Law on Environmental Protection (hereinafter referred to as “Decree No.19/2015/ND-CP ) concerning:

1.Criteria for classification of land contaminated with residual contaminants (hereinafter referred to as “contaminated site”).

2.Instructions on environment remediation at contaminated sites.

3.Inspection and verification of accomplishment of environmental remediation of contaminated sites.

Article 2. Subjects of application

This Circular applies to State regulatory authorities, domestic and overseas entities participating in environment remediation of contaminated sites.

Article 3. Interpretation

1.Residual contaminant refers to chemicals which are persistent in the natural environment and are presented in the Appendix 1 attached hereto; and their content exceeds the limits prescribed in environmental technical regulations.

2.Source of residual contamination refers to a place where a residual contaminant is generated or spreads into the surrounding environment.

3.Possibility of spread of residual contaminationrefers to the residual contaminant’s ability to spread into surrounding environment.

4.Affected subject refers to those that are affected by contaminated sites including human beings, environment and ecosystems.

5.Contaminated site refers to a place where the content of one or more residual contaminants exceeds the limits prescribed by the environmental technical regulations that affect human health, environment and ecosystem.

6.Layout plan of contaminated sites refers to a map that presents the extent, seriousness of contamination, spreading routes of each specific contaminant and its impacts on affected subjects

7.Control contaminated sites refers to the application of long-term technical solutions to control and prevent impacts of sources of residual contamination on affected subjects.

8.Environmental remediation measure refers to technical solutions applied to mitigate and remove residual contaminants remaining in the environment and remediate the contaminated site.

Chapter II

CLASSIFICATION AND REMEDIATION OF CONTAMINATED SITE

Section 1. Criteria for classification of contaminated site

Article 4. Principles and criteria for classification of contaminated site

1.Contaminated sites shall be classified by level of risks according to the following indicators: sources of residual contamination, possibility of spread of contamination and affected subjects.

2.These above-mentioned indicators shall be evaluated by weighted point method. The method for determination of weighted points is presented in Appendix 4 attached hereto.

3.The level of risk of a contaminated site shall be determined according to the total weighted point.

Article 5. Classification of contaminated sites

Contaminated sites shall be classified according to 03 levels of risk as follows:

1.Low: if the total weighted point is less than 40.

2.Medium: if the total weighted point varies from 40 to not exceeding 60.

3.High: if the total weighted point exceeds 60.

Section 2. INVESTIGATION AND ASSESSEMENT OF CONTAMINTED SITES

Article 6. Preliminary investigation and assessment of potentially-contaminated sites

1.A preliminary investigation and assessment is carried out to determine whether or not a site contains residual contaminants whose content exceeds the limit prescribed by the environmental technical regulations.

2.For the purposes of preliminary investigation and assessment, the organization in- charge shall:

a) Aggregate and review documents regarding potentially-contaminated sites;

b) Carry out site surveys on potentially-contaminated sites;

c) Collect and analyze samples to determine residual contaminants, sources of residual contamination and make preliminary assessment on the seriousness of contamination;

d) Make out preliminary investigation and assessment reports.

3.The procedure for preliminary investigation and assessment of potentially-contaminated sites is specified in Appendix 2 attached hereto.

4.Every people’s Committee of provinces and direct-controlled municipalities (hereinafter referred to as “province”) shall take charge of preliminary investigation and assessment of potentially-contaminated sites within the province According to preliminary investigation and assessment results, the people’s Committee of the province shall:

a) Publish information on non-contaminated sites where no residual contaminant whose content exceeds the content limits prescribed in the environmental technical regulation is found;

b) Conduct detailed investigation and assessment as prescribed in Article 7 hereof where any residual contaminant whose content exceeds the limits prescribed in the environmental technical regulation is found;

c) Submit a report to the Ministry of Natural Resources and Environment where the contaminated site stretches across 02 or more provinces.

5.The preliminary investigation and assessment is funded from the environmental protection budget.

Article 7. Detailed investigation and assessment

1.A detailed investigation and assessment shall be carried out for the purpose of identifying residual contaminants, sources of residual contamination, the extent and seriousness of contamination, possibilities of the spread of contamination and affected subjects, and defining responsibilities for remediating the environment.

2.For the purpose of detailed investigation and assessment, the organization in charge shall:

a) Prepare detailed site survey plan;

b) Conduct site investigation, surveys and sampling; analysis and determination of residual contaminants, seriousness of contamination, and extent of contamination and means of spread of contamination;

c) Prepare maps of contaminated sites which present contaminants, the seriousness of contamination, extent of contamination and routes for spread of contamination;

d) Prepare detailed investigation and assessment reports.

3.The procedure for detailed investigation and assessment of contaminated sites is specified in Appendix 3 attached hereto.

4.The detailed investigation and assessment result is considered as the basis for defining responsibilities for environmental remediation of contaminated sites.

5.The detailed investigation and assessment result is applied to classify the level of risk of contaminated sites as stipulated in Article 5 hereof.

6.The detailed investigation and assessment is funded from the environmental protection budget.

Section 3. ENVIRONMENTAL MANAGEMENT AND REMEDIATION; INSPECTION AND VERTIFICATION OF COMPLETION OF ENVIRONMENTAL REMEDIATION OF CONTAMINATED SITES

Article 8. Principles of management and remediation of contaminated sites

1.For low-level contaminated sites, the environmental remediation plans shall be made according to contamination control measures (hereinafter referred to as “contaminated site control project”) as stipulated in Article 9 hereof.

2.For medium and high-level contaminated sites, decontamination plans shall be made according to environmental remediation measures (hereinafter referred to as “decontamination plan”) as stipulated in Article 10 hereof.

3.High-level contaminated sites shall be prioritized to decontaminate.

4.Advanced, environmentally-friendly and competitive-pricing technologies should be applied.

5.Decontamination plans shall be made in conformity with the land-use planning approved by the competent authority.

Article 9. Contaminated site control projects

1.Contamination control includes:

a) Give and reiterate announcements, warnings of contaminated sites;

b) Zone and isolate contaminated sites to prevent the spread of contamination;

c) Disseminate information and raise awareness or relevant entities and residents in the vicinity of residual contamination;

d) Periodically monitor the environment at contaminated sites and their vicinity areas; make information on environmental quality publicly available.

2.Responsibilities for preparation, approval and execution of contaminated site control projects:

a) The Vietnam Environment Administration shall prepare and submit the inter-provincial contaminated site control project to the Ministry of Natural Resources and Environment for approval and request the People’s Committees of provinces where the contaminated site is located to execute the project.

b) Every Department of Natural Resources and Environment shall submit contaminated site control projects within their administration to the People’s committee of the province for approval and shall execute the approved project.

3.Preparation, approval and execution of contaminated site control project shall be funded with the environmental protection budget.

Article 10. Preparation of decontamination plans

1.Responsibilities for preparation of decontamination plans:

a) The Vietnam Environmental Administration shall draw up and submit decontamination plans for inter-provincial contaminated sites stipulated in clause 1 Article 13 of the Decree No.19/2015/ND-CP to the Ministry of Natural Resources and Environment for approval.

b) The People’s Committees of provinces shall draw up and submit decontamination plans for contaminated sites within their administration as stipulated in clause 1 Article 13 of the Decree No.19/2015/ND-CP to the Ministry of Natural Resources and Environment for approval;

c) Any entity having demand for land in contaminated sites as prescribed in clause 3 Article 13 of the Decree No. 19/2015/ND-CP shall submit a decontamination plan to the People’s Committee of the province for approval.

2.The decontamination plan shall include the following main contents:

a) General information on the contaminated site;

b) Results of investigation and assessment of the level of risk of the contaminated site;

c) Decontamination methods (whether on-site decontamination or off-site decontamination by transporting contaminants to a designated decontamination facility);

d) Decontamination techniques and technology solutions for mitigation or removal of residual contaminants from the contaminated site;

dd) Control and supervision during and after decontamination;

e) Decontamination itineraries and schedule.

Refer to Appendix 6 attached hereto for detailed decontamination plan.

3.It is required to revise the decontamination plan if:

a) any change in land use planning is made at the time of implementation of the decontamination plan; or

b) any change in decontamination scale, techniques, methods or applicable technologies is made.

4.Entities prescribed in clause 1 of this Article shall conduct a poll for affected residents’ opinions and shall obtain those residents’ consent to the decontamination plan.

5.Preparation of decontamination plans by entities prescribed in point a and b clause 1 of this Article shall be funded with the environmental protection budget. Entities prescribed in point c clause 1 of this Article shall pay all expenses for preparation of their decontamination plans.

Article 11. Assessment and approval of decontamination plans

1.Every entity in clause 1 Article 10 hereof shall submit an application for assessment and approval for the decontamination plan to the competent authority.

2.The application shall include:

a) An application form made using form in Appendix 5 hereto.

b) 07 decontamination reports made using Appendix 06 attached hereto;

c) A consolidated record of affected residents’ opinions.

3.The competent authority that has the power to assess and approve the decontamination plan as prescribed in clause 1 Article 10 hereof shall set up a Board of Assessment. The assessment of a decontamination plan shall not exceed 45 working days from the date of receipt of the valid and complete application.

4.The assessment shall focus on the accuracy of results of investigation, zoning, extent and seriousness of contamination; compatibilities of techniques, methods and technological solutions for mitigating or removing residual contaminants from the selected contaminated site.

5.The applicant shall revise and complete their decontamination plan according to the announcement of the Board of Assessment and submit the revised plan to the competent authority for approval.

6.Within 15 working days from the date of receipt of an application for approval, the competent authority shall consider issuing a decision on approval using Appendix 7 attached hereto. In case of rejection, the competent authority shall return the application to the applicant and specify reasons for rejection.

7.The competent authority shall be funded for assessment of decontamination plans from the environmental protection budget.

Article 12. Regulations on operation of Boards of Assessment

1.A Board of Assessment shall be set up to assess each decontamination plan.

2.Boards of Assessment shall give advices to the competent authority that has the power to assess and approve decontamination plans; and shall legally take responsibilities for assessment results towards the competent authority.

3.Boards of Assessment shall stick to the principle under which the assessment shall be discussed publicly.

4.The assessment conclusion may be:

a) Approved: a decontamination plan is approved if all members of the Board of Assessment, by unanimous vote, have voted in favor of the decontamination plan. No adjustment or supplement is deemed necessary.

b) Approved but adjustment or supplementation is required: if at least 2/3 members of the Board of Assessment voted for the decontamination plan or voted for with the proviso that adjustments or supplement must be made, including a vote for or vote with the proviso that adjustments or supplement must be made from the Chairman or authorized Deputy Chairman of the Board of Assessment;

c) Rejected: if more than 1/3 members of the Board of Assessment opposed to the decontamination plan from or it is against by the Chairman or authorized Deputy Chairman of the Board of Assessment

5.Requirements for Board of Assessment meetings

The meeting of the Board of Assessment shall take place if:

a) At least 2/3 members of a Board of Assessment stipulated in the Establishment Decision are present at the meeting or attend the meeting electrically A meeting of a Board of Assessment must not be convened in the absence of the Chairman or authorized Deputy Chairman (where the Chairman is absent).

b) Legal representatives of organizations, individuals or authorized person shall be in attendance.

6.Responsibilities of members of Boards of Assessment

Every Board of Assessment shall:

a) Study decontamination plans and relevant documents provided by the assessing authority;

b) Participate in meetings of the Board of Assessment, investigation and surveys (if any) conducted during the assessment;

c) Submit comments on the decontamination plan to the assessing authority at least 01 day ahead of the official meeting of the Board of Assessment; and present such comments at the official meeting;

d) Fill in assessment sheets;

dd) Keep provided documents and files in accordance with regulations of laws and submit them upon request of the assessing authority after the assessment is completed;

e) Take responsibilities for assessment, comments and assigned tasks towards laws and the assessing authority.

7.Rights of members of Board of Assessment

Every member has the power to:

a) request the assessing authority to provide documents in relation to applications for assessment;

b) Suggest the assessing authority to hold meetings, seminars and other activities for the purposes of assessment;

c) Attend meetings of the Board of Assessment and participate in other activities for assessment;

d) Directly communicate their ideas at meetings of the Board of Assessment and stick to their idea in case it conflicts with the conclusion of the Board of Assessment.

dd) Receive wages or salaries under current regulations of laws during the assessment; receive reimbursement for out-of-pocket expenses (such as expenses for travelling, meals, accommodations, and others) under regulations of laws if they participate in activities conducted by the Board of Assessment.

8.Every Chairman of Boards of Assessment shall have rights and take on responsibilities prescribed in clauses 6 and 7 of this Article and shall:

a) Preside over meetings of the Board of Assessment;

b) Clarify opinions raised in the meetings of the Board of Assessment and make conclusions by the end of each meeting of the Board of Assessment;

c) Sign meeting minutes and take responsibilities for conclusions made at meetings towards assessing authorities within the assigned rights and responsibilities;

d) Deputy chairman of the Board of Assessment shall have rights and take on responsibilities as prescribed in clauses 6 and 7 of this Article and shall undertake rights and responsibilities of the chairman if (s)he is authorized.

Article 13. Implementation of decontamination plans

1.The approved decontamination plan will lay a foundation for preparation and implementation of decontamination projects under regulation of laws.

2.Entities specified in clause 1 Article 10 hereof shall arrange capital, select qualified organization to draw up and implement decontamination projects according to the approved decontamination plan.

Article 14. Inspection and verification of completion of environmental remediation

1.Responsibilities for inspection and verification of completion of environmental remediation:

a) People’s Committees of provinces shall inspect and verify the completion of environmental remediation in contaminated sites within the administration;

b) The Ministry of Natural Resources and Environment shall inspect and verify the completion of environmental remediation of inter-provincial contaminated sites.

2.After completion of environmental remediation, the entity that carried out the decontamination project shall sample or hire 03 sampling agencies to take and analyze samples, compare samples with the environmental technical regulation and approved decontamination plan; hold a referendum for affected residents’ opinions; submit an application for inspection and verification of environmental remediation to the competent authority prescribed in clause 1 of this Article.

3.The application for inspection and verification of completion of environmental remediation includes:

a) An application form made using Appendix 8 attached hereto;

b) 03 environmental remediation reports made using the form in Appendix 9 attached hereto;

c) A consolidated record that presents residents’ opinions of environmental remediation of the contaminated site.

4.The procedure for inspection and verification of completion of environmental remediation is as follows:

a) Study the environmental remediation report made using the form in Appendix 9 attached hereto;

b) Select qualified sampling agencies to collect and analyze samples under regulations of laws;

c) Set up an inspectorate to conduct inspection and assessment with the participation of the representatives of the People’s Committees of communes where environmental remediation takes place.

5.The authority stipulated in clause 1 of this Article shall conduct inspection and verification of completion of environmental remediation of the contaminated site according to Appendix 10 attached hereto.

A Consulting Board may be set up to examine the verification of completion of environmental remediation, where necessary.

6.Costs of inspection and certification of environmental remediation shall be funded from the environmental protection budget.

Chapter III

IMPLEMENTATION RESPONSIBILITIES

Article 15. Responsibilities of Vietnam Environment Administration

The Vietnam Environment Administration shall:

1. Aggregate, make out and publish the list of contaminated sites; record, create, update and operate national contaminated site data systems

2. Compile and introduce technical guidance on environmental remediation of contaminated sites.

Article 16. Responsibilities of People s Committees of provinces

Every People’s Committee of the province shall:

1. Investigate, evaluate, aggregate, make out and publish a list of contaminated site within the province.

2. Input information on contaminated sites into information systems and contaminated site data system of the Vietnam Environment Administration.

3. Submit a report on achievements in environmental remediation of contaminated sites within the province to the Ministry of Natural Resources and Environment by March 31^stof every year.

Article 17. Effect

This Circular takes effect on December 01, 2016.

Article 18. Implementation organization

1. People’s Committees of provinces, Vietnam Environment Administration, Departments of Natural Resources and Environment of provinces and relevant entities shall be responsible for the implementation of this Circular.

2. The Director General of the Vietnam Environment Administration shall give directives, inspect, supervise and expedite the implementation of this Circular.

3. Any issue arising in connection to implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment. /.

For the Ministry

The Deputy Ministry

Vo Tuan Nhan

* All Appendices are not translated herein.