Decree No. 27/2013/ND-CP dated March 29, 2013 of the Government promulgating the conditions for environmental observation service’s organizations

THE GOVERNMENT

Decree  No. 27/2013/ND-CP dated March 29, 2013 of the Government promulgating the conditions for environmental observation service’s organizations

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on environmental protection dated November 29, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Law on Science and Technology dated June 9, 2000;

At the proposal of Minister of Natural Resources and Environment;

The Government issues the Decree promulgating the conditions for environmental observation service’s organizations,

Chapter 1

GENERAL PROVISION

Article 1. Scope of regulation

This Decree promulgates the conditions for environmental observation service’s organizations, records and procedures for granting, extension and adjustment of the content, re-granting and temporary suspension of effect, revocation and cancellation of certificate of eligibility for environmental observation service operation.

Article 2. Subject of application

This Decree applies to environmental management agencies, environmental observation service organizations (hereafter called organization) in the territory of the Socialist Republic of Vietnam.

Article 3. Term explanation

In this Decree, the terms below are construed as follows:

1. The environmental observation activity includes the field observation activity and environmental analysis activity.

2. The field observation activity includes the sampling, measurement, testing and analysis of parameters at the field or preservation and transfer of samples to be analyzed in the lab.

3. Environmental analysis activity includes sample processing and analysis of parameters in the lab.

4. Environmental observation service activity organization includes:

a) Enterprises established under the Enterprise Law;

b) Technology and science operation organizations established under the Law on Science and Technology;

c) Environmental non-business organizations established and operated in accordance with Decree No. 55/2012/ND-CP dated June 28, 2012 of the Government on the establishment, reorganization and dissolution of public non-business units.

Article 4. Prohibited acts

1. Environmental observation service activity without certificate of eligibility for environmental observation service activity or this Certificate has expired.

2. Erasing, forging, borrowing, hiring and exchanging the certificate of eligibility for environmental observation service activity.

3. Operating not in line with the scope and areas specified in the granted Certificate

Chapter 2.

CONDITION FOR GRANTING CERTIFICATE OF ELIGIBILITY FOR ENVIRONMENTAL OBSERVATION SERVICES

Article 5. Certificate of eligibility for environmental observation service

1. The Certificate of eligibility for environmental observation service is granted to the organizations performing the field observation activity when they meet the conditions specified in Article 9 of this Decree.

2. The Certificate of eligibility for environmental observation service activity is granted to the organization performing the environmental observation service activity when they meet the conditions specified in Article 10 of this Decree.

3. The Certificate of eligibility for environmental observation service activity is valid for 36 months from the granting date and may be renewed several times, each extension not exceeding 36 months.

Article 6. Certificate’s contents

1. The Certificate of eligibility for environmental observation service activity has the following main contents:

a) Name of organization, address and the head of the organization;

b) Areas and scope of Certificate;

c) Issue date and validity of Certificate;

d) Agency granting Certificate.

2. The Ministry of Natural Resources and Environment shall specify the form of Certificate.

Article 7. Competence of the state agency in appraisal conditions for environmental observation service; granting, renewal and modification of content, re-granting, suspension of validity, revocation and cancellation of the Certificate of eligibility for environmental observation service

1. The Ministry of Natural Resources and Environment shall have competences to grant, renew, modify contents, re-grant, and suspend validity, revoke, and cancel the Certificate of eligibility for environmental observation service;

2. The Ministry of Natural Resources and Environment promulgating in details the appraisal of environmental observation service activity as specified in Article 9 and 10 of this Decree.

Article 8. Fee and charge to certify the eligibility for environmental observation service

1. Organization requesting the certification of eligibility for environmental observation service activity shall pay fee for appraising the conditions for environmental observation service activity and pay charge in case of granting, renewal, modification of content and re-granting of Certificate as prescribed by law.

2. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Natural Resources and Environment to stipulate the fee for appraisal of conditions for environmental observation service activity and charge for granting, renewal, modification of contents and re-granting of certificate of eligibility for environmental observation service activity as prescribed by law.

Article 9. Conditions for granting Certificate of eligibility for environmental observation service in field observation

Organization granted with Certificate of eligibility for environmental observation service in the area of field observation must meet the following conditions:

1. Having decision on establishment or Certificate of technology and science operation or Certificate of business registration or Certificate of investment granted by the competent state management agencies in which there is environmental observation activity.

2. Have qualified personnel to perform the field observation activity in accordance with the following provisions:

a) The head of organization must have university degree or higher;

b) Having adequate number of officials performing the field observation according to the environmental components and observing parameters proposed for certification;

c) There must be a person directly responsible for field monitoring team with university degree or higher with one of the specialty of environment, chemistry, biology, forestry, penology, nuclear physics, radiation, geography, geology with a minimum of 24 month experience in the field of environmental observing;

d) Official performing the field observation must have at least elementary level corresponding to the primary scale of observation or of environmental resources. The number of official with primary level does not account for no more than 30% of observing staff at the field.

3. Having sufficient equipment and material facilities to perform the field observation activity in accordance with the following regulations:

a) Having the equipment, tools and chemicals sufficient to carry out the sampling, sample preservation and measurement, testing and analysis at the field of environmental components, environmental observing parameters proposed for certification by proper method specified by the Ministry of Natural Resources and Environment;

b) There is a process of preservation, safe use, maintenance and testing, calibration of equipment as prescribed by the competent state agencies or specified by manufacturers.

c) Having process of use and operation of all equipment of sample taking and preservation, measurement, testing and analysis at the field;

d) Fully equipped with means of protection and labor safety for official upon performance of field observation.

e) Having head office with sufficient area for the assurance of quality of field observation and management of data and result of observation.

Article 10. Conditions for granting Certificate of eligibility for environmental observation service in the area of environmental analysis

The organization granted with Certificate of eligibility for environmental observation service must meet conditions as follows:

1. Having decision on establishment or Certificate of technology and science operation or Certificate of business registration or Certificate of investment granted by the competent state management agencies in which there is environmental observation.

2. Have qualified personnel to perform the environmental analysis activity in accordance with the provisions as follows:

a) The head of organization must have university degree or higher;

b) Having adequate number of appropriately trained officials performing the tasks within the scope of the environmental analysis proposed for certification;

c) The laboratory manager must have a university degree or higher with one of specialty of environment, chemistry, biology, forestry, penology, nuclear physics, radiation, geography, geology with a minimum of 5-year experience for university degree, 3-year experience for master degree and 2-year experience for doctoral degree in the field of environmental analysis;

d) The leader of environmental analysis team must have university degree or higher with one of specialty of environment, chemistry, biology, forestry, penology, nuclear physics, radiation with a minimum of 18-month experience in the area of environmental analysis proposed for certification or be able to use a minimum intensive equipment of the lab fluently;

e) The official in charge of quality assurance and control of lab quality must have university degree or higher with one of specialty of environment, chemistry, biology, forestry, penology, nuclear physics, radiation with a minimum of 3-year experience in the area of environmental analysis

g) The lab official, excluding the lab manager, leader of analysis team, official in charge of quality assurance and control of lab quality must have intermediate level or higher and are trained in the area of environmental analysis proposed for certification.

3. Having sufficient equipment and material facilities to perform the environmental analysis activity in accordance with the following regulations:

a) Having the equipment, tools and chemicals sufficient to analyze environmental parameters of environmental components proposed for certification of precision by method of analysis specified by the Ministry of Natural Resources and Environment;

b) Having preservation processes, safe use, maintenance and inspection, calibration of analytical equipment as prescribed by the competent State agencies or specified by the manufacturer;

c) Having process of use and operation of all environmental analysis equipment;

d) Fully equipped with means of protection and labor safety for official upon environmental analysis.

e) Having process of preservation, chemical use, measurement standards, standard sample and processing and analyzed sample storage in accordance with the competent state agencies or specified by the manufacturer;

g) Having head office with sufficient area to ensure the quality of environmental analysis and to ensure the good maintenance of laboratory environmental conditions (light, power, humidity, temperature, sterilization, ventilation mode) on the requirement of the analysis stipulated by competent state agencies or required by the manufacturer;

h) Having measures to ensure industrial hygiene, fire prevention and fighting and safety and strict adherence to the collection, laboratory waste disposal in accordance with law.

Article 11. Change of conditions for environmental observation service

1. When there is any change relating to the conditions specified in Article 9 and Article 10 of this Decree, the organization must notify in written form to the Ministry of Natural Resources and Environment within 60 days from the time of change.

2. Within 15 working days after receiving the written notice from organizations, the Ministry of Natural Resources and Environment shall consider. In case the organization no longer meets the conditions as prescribed, the granted Certificate shall be revoked or cancelled as prescribed in Clause 2, Article 17 of this Decree.

Chapter 3

GRANTING, RENEWAL, MODIFICATION OF CONTENT, RE-GRANTING, SUSPENDING, REVOKING AND CANCELLING THE CERTIFICATE OF ELIGIBILITY FOR ENVIRONMENTAL OBSERVATION SERVICE

Article 12. Granting Certificate of eligibility for environmental observation service

1. Organization participating in the environmental observation service shall prepare procedures for granting Certificate of eligibility for environmental observation service activity.

2. Record for granting Certificate of eligibility for environmental observation service activity is made into 02 sets, each set includes:

a) 01 original of written request for granting Certificate of eligibility for environmental observation service activity specified in form No.1, Annex issued together with this Decree;

b) 01 original of capacity record of organization specified in form No.2, Annex issued together with this Decree;

3. Procedures for granting Certificate of eligibility for environmental observation service activity:

a) Organization requesting the granting of Certificate shall send record as specified in Clause 2 of this Article directly or via post to Ministry of Natural Resources and Environment;

b) Within 03 working days after the receipt of record and appraisal fee of conditions for environmental observation service activity, the Ministry of Natural Resources and Environment shall send the written receipt of record to the organization requesting certification via post if the record is complete as prescribed. If the record is incomplete and invalid, the Ministry of Natural Resources and Environment shall notify the organization to complete its record.

c) Within 45 working days after receiving the written receipt of record, the Ministry of Natural Resources and Environment shall appraise and grant the Certificate to the organization requesting certification. The appraisal content includes the review of record, assessment and actual inspection at the organization.

d) In case of failing to grant the Certificate, the Ministry of Natural Resources and Environment shall notify in written form to the organization and specify the reason;

e) The record for certification of eligibility for environmental observation service is valid only 06 months from the date of written receipt of record. Upon expiration of the record, the organization requesting the granting, renewal, modification of content and re-granting of Certificate must prepare a new set of record.

Article 13. Renewal of Certificate of eligibility for environmental observation service

1. Organization wishing to renew the Certificate shall submit the record for renewal at least 03 months prior to expiration of Certificate.

2. Record for the renewal of Certificate is made in 02 sets, each set includes:

a) 01 original of written request for renewal of Certificate of eligibility for environmental observation service specified in form No.3, Annex issued together with this Decree;

b) 01 original of capacity record of organization specified in form No.2, Annex issued together with this Decree;

3. Record for renewal of Certificate of eligibility for environmental observation service activity:

a) Organization requesting the renewal of Certificate shall send record as specified in Clause 2 of this Article directly or via post to Ministry of Natural Resources and Environment;

b) Within 03 working days after the receipt of record and appraisal fee of conditions for environmental observation service activity, the Ministry of Natural Resources and Environment shall send the written receipt of record to the organization requesting certification via post if the record is complete as prescribed. If the record is incomplete and invalid, the Ministry of Natural Resources and Environment shall notify the organization to complete its record.

c) Within 30 working days after receiving the written receipt of record, the Ministry of Natural Resources and Environment shall appraise and renew the Certificate. The appraisal content includes the review of record, assessment and actual inspection at the organization.

d) In case of failing to renew the Certificate of eligibility for environmental observation service activity, the Ministry of Natural Resources and Environment shall notify in written form to the organization and specify the reason;

Article 14. Modification Certificate’s content of eligibility for environmental observation service

1. Organization of environmental observation service activity wishing to change the areas and scope of field observation and environmental analysis compared with Certificate’s content granted or when the organization is consolidated or merged and has a need to continue operation in the area of environmental observation services, it shall perform the procedures for modification of the contents of the Certificate.

The Certificate of eligibility for environmental observation service activity shall not be modified its contents if it is valid within 06 months.

2. The record for modification of content of the Certificate of eligibility for environmental observation service activity is made into 02 sets, each set includes:

a) 01 original of written request for modification of the Certificate of eligibility for environmental observation service activity specified in form No.3, Annex issued together with this Decree;

b) 01 original of capacity record of organization specified in form No.2, Annex issued together with this Decree;

3. Procedures for modification of the Certificate of eligibility for environmental observation service;

a) Organization requesting the modification of Certificate shall send record as specified in Clause 2 of this Article directly or via post to Ministry of Natural Resources and Environment;

b) Within 03 working days after the receipt of record and appraisal fee of conditions for environmental observation service activity, the Ministry of Natural Resources and Environment shall send the written receipt of record to the organization requesting modification of the Certificate via post if the record is complete as prescribed. If the record is incomplete and invalid, the Ministry of Natural Resources and Environment shall notify the organization to complete its record.

c) Within 30 working days after receiving the written receipt of record, the Ministry of Natural Resources and Environment shall appraise and modify the Certificate. The appraisal content includes the review of record, assessment and actual inspection at the organization.

d) In case of failing to accept the modification for the Certificate of eligibility for environmental observation service, the Ministry of Natural Resources and Environment shall notify in written to the organization and specify the reason;

Article 15. Re-grant of Certificate of eligibility for environmental observation service

1. The Certificate of eligibility for environmental observation service activity is considered for re-granting in the following cases:

a) The granted Certificate has been lost;

b) The granted Certificate has been torn, damaged and unusable.

2. Record for re-granting the Certificate of eligibility for environmental observation service:

a) In case the record for certification of eligibility for environmental observation that the organization has sent to the Ministry of Natural Resources and Environment is still valid (within 06 months from the date of written receipt of record), the organization shall prepare and send 01 original of the written request for re-granting the Certificate of eligibility for environmental observation service activity as specified in the form No.5 of Annex issued together with this Decree; a copy of the granted Certificate (if any).

b) In case the record for certification of eligibility for environmental observation activity that the organization has sent to the Ministry of Natural Resources and Environment is no longer valid (over 06 months from the date of written receipt of record), the organization requesting certification shall prepare 02 sets of record, each set of record includes: Certificate of eligibility for environmental observation service activity as specified in the form No.5 of Annex issued together with this Decree; an original of the capacity record of organization as specified in the form No.2 issued together with this Decree; a copy of the granted Certificate (if any).

3. Procedures for re-granting Certificate of eligibility for environmental observation service:

a) Organization requesting the re-granting of Certificate shall send record as specified in Clause 2 of this Article directly or via post to Ministry of Natural Resources and Environment;

b) Within 05 working days after the receipt of written request for re-granting of Certificate from the organization as specified at Point a, Clause 2 of this Article and appraisal fee of conditions for environmental observation service, the Ministry of Natural Resources and Environment shall appraise and re-grant the Certificate to the organization requesting certification. The content of appraisal includes the review of organization’s record.

c) Within 05 working days after receiving the organization’s record specified at Point b, Clause 2 of this Article and appraisal fee of conditions for environmental observation service, the Ministry of Natural Resources and Environment shall send the written receipt of record to the organization requesting certification via post if the record is complete as prescribed. If the record is incomplete and invalid, the Ministry of Natural Resources and Environment shall notify the organization to complete its record. Within 20 working days from the date of written receipt of record, the Ministry of Natural Resources and Environment shall appraise and re-grant the Certificate to the organization requesting certification.

d) In case of failing to re-grant the Certificate, the Ministry of Natural Resources and Environment shall notify in written form to the organization requesting certification and specify the reason;

e) In case of losing Certificate, when the organization has been re-granted with the Certificate but after that they have found it, then the organization shall return the found Certificate to the Ministry of Natural Resources and Environment.

Article 16. Validity’s suspension for the Certificate

The Certificate of eligibility for environmental observation service activity shall be suspended its validity in the following cases:

1. Organizations engaged in environmental observation not in line with the scope and areas specified in the Certificate;

2. Organization uses its Certificate for improper purposes;

3. Organization fails to comply with regulations on the certification;

4. Organization fails to comply properly and fully with technical regulations on process and methods of environmental observation regulated by the Ministry of Natural Resources and Environment; to maintain the quality assurance programs in environmental observation.

Article 17. Revoking and cancelling the Certificate of eligibility for environmental observation service

The Certificate of eligibility for environmental observation service shall be revoked and cancelled in the following cases:

1. Organization is banned from operation, declared bankruptcy, dissolved, divided and separated.

2. Organization no longer meets one of the conditions specified in Article 9 and 10 of this Decree.

3. Organization does not comply with its commitment to observe technical regulations on environmental observation and does not implement and maintain the quality assurance program in environmental observation.

Chapter 4

IMPLEMENTATION PROVISION

Article 18. Effect

This Decree takes effect on June 05, 2013.

Article 19. Implementation responsibilities

1. The Ministry of Natural Resources and Environment is responsible for guiding, organizing the implementation, investigation and performance of this Decree; solving problems in the process of implementing this Decree under its competence.

2. The Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairman of People s Committees of all levels and the relevant organizations shall implement this Decree./.

For the Government

Prime Minister

Nguyen Tan Dung