03/04/2016
The Law on Environmental Protection (LEP) 2014 was endorsed on 23 June 2014 at the 7th meeting of the National Assembly Tenure XIII, and takes effective from 1 January 2015, replaces the LEP 2005. Accordingly, the review, revision, modification or the replacement of guiding documents for LEP 2005 are also comprehensively carried out.
The Decree No. 27/2013/ND-CP dated 29/3/2013 by the Government regulating the operation conditions of environmental monitoring services, takes effective from 5 June 2013 to specifically regulate Clause 3, Article 95 LEP 2005. This Decree regulates operation conditions of environmental monitoring services; profiles and procedures on granting, extension, revision, renewal, temporarily suspension, withdrawal and cancellation of the certificate recognizing the competence for environmental monitoring service operation. The appraisal and certification of organizations that are competent for implementing environmental monitoring service activities shall be implemented based on conditions regulated at Article 9, Article 10 of The Decree No. 27/2013/ND-CP.
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| Environmental monitoring service activities contribute to improve the quality of environmental monitoring, and make appropriate with the orientation of environmental socialization |
After one year of the Decree No. 27/2013/ND-CP implementation, this guiding document has been operationalized. In general, the quality of environmental monitoring activities has been improved and implemented systematically and orderly.
However, to implement the regulations of the Law on promulgation of legal documents 2008 regarding the constitutionality , legality and consistency of legal documents in the environmental legal system, based on regulations of the LEP 2014, the development of the Decree regulating conditions of organizations implementing environmental monitoring service activities according to Article 126, LEP 2014, replacing The Decree No. 27/2013/ND-CP has been implemented by the Ministry of Natural Resources and Environment (MONRE). On 31 December 2014, the Prime Minister issued the Decree No. 127/2014/ND-CP by the Government regulating conditions of organizations implementing environmental monitoring service (hereafter referred to as the Decree). The Decree takes effective from 15 February 2015.
Basically, the Decree inherits almost all contents of the Decree No. 27/2013/ND-CP because the contents of which are still appropriate with relevant regulations, particularly Clause 1, Article 126, LEP 2014 is the same with Clause 3, Article 95, LEP 2005. Therefore, the structure and contents of the new Decree are not different, except regulations on “Forbidden behavior” at Article 4 of the Decree No. 27/2013/ND-CP are no longer exist in Decree No. 127/2014/ND-CP to be constitutional as regulated at Clause 2, Article 14, Constitution 2013.
This Decree applies to state management agencies on environment, organizations implementing environmental monitoring services in the territory of the Socialist Republic of Viet Nam. Of which, organizations implementing environmental monitoring services include: enterprises established according to the Enterprise Law; organizations implementing science and technology activities established according to the Law on Science and Technology; environmental state non-profit organizations that are established and performed according to the Decree No. 55/2012/ND-CP dated 28/6/2012 by the Government regulating the establishment, re-organization and termination of state organizations. However, State organizations that implement environmental monitoring activities assigned by state management agencies and supported by state budget are not subject to this Decree.
According to the Decree, organizations that implement environmental monitoring service activities (including onsite monitoring activities and environmental analysis activity) must have the certificate recognizing competent conditions for implementing environmental monitoring service activities. The certificate is granted to organizations required following conditions: having the establishment decision or the certificate recognizing science and technology operation or the certificate of business registration or the certificate of investment that is granted by authorized agencies, listing environmental monitoring activity; having adequate human resources, qualifications, equipments and facilities for implementing environmental monitoring. These are specifically regulated in Article 8 and 9 of the Decree.
The effective duration of the certificate is 36 months from the granted date and can be multiply renewed; each renewal is not more than 36 months. MONRE is the authority for granting, renewing, revising, re-granting, temporarily suspending and withdrawing the certificate.
The Decree also regulates procedures and processes on granting, extension, revision, temporary suspension, withdrawal and cancellation of the certificate and provides organizations with sample requesting certification.
Organizations implementing environmental monitoring service activity have to take procedures to ask for the certificate recognizing competent conditions for environmental monitoring service, pay fees for appraisal, granting, extension, revision and renewal of the certificate as regulated.
The Decree also regulates temporary suspension, withdrawal and cancellation of the certificate. Accordingly, the certificate is temporarily suspended in following circumstances: organizations participating in environmental monitoring activities do not comply with the scope and areas stated in the certificate; organizations using the certificate for inadequate purposes; organizations do not follow regulations on certification; organizations do not implement or inadequately implement technical regulations on environmental monitoring procedures and methods as regulated by MONRE, do not maintain the quality assurance and quality control program in environmental monitoring. If organizations are banned from operation, or declared bankruptcy, dissolutions, separation, dismantling or if organizations do not meet one of those conditions regulated at Article 8 and Article 9 of the Decree; neither adequately implement technical regulations on environmental monitoring nor implement and maintain the quality assurance and quality control program will have their certificate withdrawn and cancelled.
With the promulgation of Decree No. 27/2013/ND-CP and the Decree No.127/2014/ND-CP, currently, regulations on conditions of organizations implementing environmental monitoring service activities, environmental monitoring in general and environmental monitoring service activities in particular have clear changes; significantly contribute to improve the quality of environmental monitoring activities, to create a healthy competitive market, to support considerably and effectively for environmental protection, and to be appropriate with the socialization orientation of environmental monitoring services.
Nguyen Van Thuy - Nguyen Thi Nguyet Anh
Center for Environmental Monitoring
Vietnam Environment Administration
