Nội dung toàn văn Circular No. 07/2007/TT-BTNMT guiding for classification and decision
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT | SOCIALIST REPUBLIC OF VIETNAM |
No.: 07/2007/TT-BTNMT | Hanoi, July 03, 2007 |
CIRCULAR
GUIDING FOR CLASSIFICATION AND DECISION OF THE LIST OF ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION REQUIRED TO BE HANDLED
Pursuant to the Law on Environmental Protection dated November 29, 2005;
Pursuant to the Decree No.80/2006/ND-CP dated August 09, 2006 of the Government detailing and guiding the implementation of some Articles of the Law on Environmental Protection;
Pursuant to the Decree No.91/2002/ND-CP of November 11, 2002 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to the Decision No.64/2003/QD-TTg dated April 22, 2003 of the Prime Minister approving the plan on thorough handling of the establishments causing serious environmental pollution;
Ministry of Natural Resources and Environment guides the classification and decides on the list of establishments causing environmental pollution required to be handled as follows:
I. Bases for the classification of establishments causing environmental pollution
1. The classification of establishments causing environmental pollution is based on the seriousness of violation of the Vietnam standards on the environment (in this Circular, the term of environmental standards is used in accordance with the Law on Environmental Protection and shall be construed such as the phrase of technical regulations on the environment in accordance with the Law on Standards and Technical Regulations) of the main parameters of pollution of waste water, waste gas, noise and vibration.
2. The main environmental parameters for waste water, waste gas, noise, vibration of the establishment include:
2.1. pH, temperature of wastewater;
2.2. Radioactive substances in wastewater, waste gas;
2.3. The parameters specified in the respective Vietnam standards on environment are determined by the competent State agencies based on the environmental impact assessment report or registration form for meeting environmental standards (to be established before July 01, 2006) or written commitment for environmental protection (to be established from July 01, 2006) or environmental protection schemes (to be established from July 01, 2006) which were approved, certified by the competent state agencies or as prescribed in Appendix issued together with this Circular.
3. Where the establishments commit acts of violation of regulations on management of solid wastes that pollute the surrounding environment, the competent State agencies shall identify additional main environmental parameters on waste water, waste gas caused by waste solids under the guidance in clause 2 of this Section for used as a basis for classification of the establishments causing environmental pollution.
II. Criteria for classification of the establishments causing environmental pollution
1. Establishments causing serious environmental pollution are the establishments in one of the following circumstances:
1.1. There are from 02 (two) normal pollution parameters exceeding permissible Vietnam standards on environment for 5 (five) times or more;
1.2. There are from 02 (two) parameters of hazardous pollutants exceeding permissible Vietnam standards on environment for 3 (three) times or more;
1.3. There is 01 (one) normal pollution parameter exceeding permissible Vietnam standards on environment for 05 (five) times or more and 01 (a) hazardous pollution parameter exceeding permissible Vietnam standards on environment for 03 (three) times or more;
1.4. There is an average value of 02 (two) pollution parameters exceeding the highest environmental standards of Vietnam for 06 (six) times or more;
1.5. There are 02 (two) pollution parameters exceeding Vietnam standards on environment or more and at least 01 (one) normal pollution parameter exceeding Vietnam standards on environment for 10 (ten) times or more;
1.6. There are 02 (two) pollution parameters exceeding Vietnam standards on environment or more and at least 01 (one) dangerous pollution parameter exceeding Vietnam standards on environment for 5 (five) times or more;
1.7. Containing radioactive substances causing environmental pollution exceeding the permitted level;
1.8. Having wastewater pH equal to or less than two (≤ 2) or more than twelve point five (> 12.5);
1.9. Having wastewater temperatures more than 450C.
2. Establishments causing environmental pollution are those not in one of the cases mentioned in clause 1 of this Section but having 01 (one) or more environmental parameter on waste water, waste gas, noise, vibration in excess of Vietnam standards on environment.
III. Order of classification and decision on the list of establishments causing environmental pollution required to be handled
1. Before March 31 each year, based on the closest results on examination, environmental protection inspection and based on criteria classifying the establishments causing environmental pollution in Section II of this Circular, the Department of Natural Resources and Environment makes a list and proposes the measures to deal with the establishments causing environmental pollution, causing serious environmental pollution in the area (except for the establishments in the field of defense and security) in Form No.1 and Form No.2 attached to this Circular, the report of the same level People's Committee, Ministry of Natural Resources and Environment; sends a list of establishments causing environmental pollution, causing serious environmental pollution to the ministries, ministrial-level agencies, governmental agencies, economic groups, corporations 91 (hereinafter referred to as ministries and branches) involved.
2. Before April 30 every year, based on reports of the Departments of Natural Resources and Environment, the People's Committees of provinces and cities under central authority shall perform the following tasks:
2.1. Make decision on the lists and the handling of establishments causing environmental pollution, causing serious environmental pollution in the area (except for the establishments in the field of defense and security) as prescribed in Point b, Clause 3 of Article 49 of the Environmental Protection Law, and for the establishments under branch’s, ministry’s management, it must be consulted by ministries and agencies before making a decision;
2.2. Report the list of establishments causing serious environmental pollution in the area (except for the establishments in the field of defense and security) with a scale beyond the competence or its own ability to handle or of ministries, branches in Form No.3 attached to this Circular to the Ministry of Natural Resources and Environment for synthesizing, submitting to the Prime Minister for making decision under the provisions at Point d, Clause 3 of Article 49 of the Law on Environmental Protection;
3. Before March 31 each year, professional agencies for environmental protection under the Ministry of Defence, Ministry of Public Security are based on the closest results on examination, environmental inspection and based on the criteria for classification of the establishments causing environmental pollution in Section II of this Circular, shall preside over and coordinate with the concerned Department of Natural Resources and Environment to make a list of establishments causing environmental pollution, causing serious environmental pollution in the field of defense and security in accordance with Form No.4 and Form No.5 attached to this Circular to submit to the Minister of National Defence, Minister of Public Security and Ministry of Natural Resources and Environment.
4. Before April 30 every year, based on reports of professional agencies of environmental protection, the Minister of National Defence, Minister of Public Security performs the following tasks:
4.1. Make decision on the list and the handling of establishments causing environmental pollution, causing serious environmental pollution under its management;
4.2. Report the list of establishments causing serious environmental pollution with a scale beyond the competence or its own ability to handle in Form No.6 attached to this Circular to the Ministry of Natural Resources and Environment for synthesizing, submitting to the Prime Minister for making decision under the provisions at Point d, Clause 3 of Article 49 of the Law on Environmental Protection.
5. Before May 30 each year, based on reports of list and proposal of measures for handling the establishments causing serious environmental pollution of the People's Committees of provinces and cities directly under the Central Government, Ministry of Defense and Ministry of Public Security, Ministry of Natural Resources and Environment submits to the Prime Minister for making decision on the lists and the handling of establishments causing serious environmental pollution.
6. The direction of the handling of establishments causing environmental pollution, the establishments causing serious environmental pollution shall comply with provisions in clause 4 of Article 49 of the Law on Environmental Protection.
IV. Organization of implementation
1. Professional agencies on environmental protection in the Ministries, branches and the Departments of Natural Resources and Environment closely cooperates in the process of classification, making the lists of the establishments causing environmental pollution, establishments causing serious environmental pollution.
2. Departments of Natural Resources and Environment inform the decisions on handling for the establishments causing environmental pollution, causing serious environmental pollution in the areas to the commune-level and district-level People's Committees where the establishments causing environmental pollution, causing serious environmental pollution are situated and publicize for people to know to jointly inspect and supervise the implementation.
3. Department of Environmental Protection synthesizes, tracks, inspects the classification of the establishments causing environmental pollution, causing serious environmental pollution in this Circular; publicizes in the mass media the establishments causing serious environmental pollution as prescribed at Point d, Clause 1 of Article 104 of the Law on Environmental Protection.
4. In the process of implementation, if any problems arise, the ministries, branches and People's Committees of provinces and cities directly under the Central Government, the Departments of Natural Resources and Environment and other concerned organizations and individuals promptly report to the Ministry of Natural Resources and Environment for review and adjustment.
| MINISTER |
APPENDIX
TABLE OF < span="">< span="">, WASTE
< span="">< span="">(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)
No. | Types of establishments | Main environmental parameters | Noise, vibration | |
Waste water | Waste gas | |||
I | Industry |
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01 | Establishments of textile, garment |
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| - Establishments of textile | Color, COD, heavy metals, suspended solids | SO2CO, Clo dust, H2S | Noise, vibration |
- Establishments of garment | Suspended solids, surface-active substances, BOD5, COD | Dust, Clo, SO2 | ||
02 | Establishments of producing food, beverages |
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| - Confectionery producing establishments | BOD5, total nitrogen, total phosphorus, ammonia, coliform | Dust, SO2, CO, NOx |
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- Establishments of producing wine, beer | BOD5, total nitrogen, total phosphorus, ammonia, suspended solids, coliform | Dust, SO2, CO, NOx |
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- Establishments of producing milk | BOD5, total nitrogen, total phosphorus, ammonia, suspended solids, coliform | Dust, SO2, CO, NOx |
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- Establishments of producing canned food | BOD5, COD, suspended solids, coliform, total nitrogen, total phosphorus | Dust, SO2, CO, NOx, H2S |
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03 | Mining establishments |
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| - Establishments of mining construction materials | Suspended solids | Dust, SO2, NO2, CO | Noise, vibration |
- Establishments of mining metal minerals | Heavy metals, mineral oil and grease, suspended solids, cyanide | Dust, SO2, NO2, CO, metal Dust | Noise, vibration | |
- Establishments of mining coal | Heavy metals, mineral oil and grease, suspended solids, cyanide, COD | Dust, SO2, NO2, CO, H2S | Noise, vibration | |
- Establishments of mining crude oil and natural gas | Heavy metals, mineral oil and grease, suspended solids, cyanide, BOD5, COD, Phenol | Dust, SO2, NO2, CO | Noise, vibration | |
04 | Establishments of producing products from metal |
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| - Mechanical, metallurgical Establishments | Heavy metals, mineral oil and grease, suspended solids, cyanide | SO2, CO, NOx, Dust, typical heavy metals in emissions | Noise, vibration |
- Establishments of manufacturing machinery, equipment | Heavy metals, mineral oil and grease, suspended solids, cyanide | Dust, SO2, CO, NOx | Noise, vibration | |
- Metal recycling establishments | COD, BOD5, suspended solids, mineral oil and grease, heavy metals | Dust, SO2, CO, NOx, copper dust, lead dust |
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- Metal plating establishments | The plated metal, heavy metals, COD, used chemicals | Concern gas, toxic gas |
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- Establishments of manufacturing equipment, electric, electronic components | Heavy metals, mineral oil and grease, suspended solids | typical organic solvents gas |
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05 | Leather processing establishments | BOD5, COD, suspended solids, chromium (VI), animal, vegetable oils, sulfur | Dust, SO2, CO, NOx, ammonium, H2S |
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06 | Establishments of producing paper and pulp | BOD5, COD, suspended solids, color, sulfur, temperature | Dust, SO2, CO, NOx, Clo, ammonium, H2S | Noise, vibration |
07 | Chemical of producing chemicals | BOD5, COD, heavy metals and typical chemicals | SO2, NOx, H2S, ammonium, typical chemicals content in waste gas | Noise, vibration |
| - Urea producing establishments | Suspended solids, ammonium, fluoride, mineral oil and grease, arsenic, odor, phenol, total nitrogen | ammonium, NOx | Noise, vibration |
- Phosphate fertilizer producing establishments | Total phosphorus, suspended solids, fluoride, odor | CO, SO2 | Noise, vibration | |
- Petrochemical refining establishments | COD, suspended solids, phenols | Dust, H2S | Noise | |
- Petroleum storage | COD, suspended solids, mineral oil and grease | NOx, TOC, the typical volatile organic compounds |
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- Establishments of producing petrochemical products (surface active agents, plasticizers, methanol) | COD, temperature, suspended solids | Orgarnic gas, dust | Noise | |
- Plastics producing establishments | COD, suspended solids | Orgarnic gas, dust | Noise | |
- Establishments of producing detergents, additives | suspended solids, COD, BOD5 | Orgarnic gas, dust | Noise | |
- Establishments of producing pharmaceutical product, traditional drugs, cosmetics | COD, BOD5, suspended solids, total nitrogen, total phosphorus | Dust, SO2, CO, NOx | Noise | |
- Establishments of processing plastic, waste plastic | COD, BOD5, suspended solids, total nitrogen, total phosphorus, coliform | Dust, orgarnic gas, SO2, CO, NOx |
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08 | Establishments of processing rubber, rubber latex | BOD5, COD, total nitrogen, ammonia, suspended solids, odor | Dust, SO2, NO2, CO, Clo, amonia, H2S |
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| Establishments of producing shoes, vulcanized rubber, tires of automobile, tractor | COD, BOD5, suspended solids | Dust, H2S, SOx, CO |
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09 | Establishments of producing glass | suspended solids | Dust, SO2, CO, NOx, HF |
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10 | Establishments of producing ceramic | Heavy metals, turbidity, temperature, suspended solids, fluoride | Dust, SO2, CO, NOx, HF |
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11 | Establishments of producing tobacco | COD, suspended solids | Dust, orgarnic gas, SO2, CO |
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12 | Establishments of producing power: |
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| - Establishments of producing electricity by thermal power, hydropower | Suspended solids, COD, heavy metals | Dust, SO2, CO, NOx | Noise, vibration |
| - Establishments of producing battery | COD, heavy metals, suspended solids | Dust, SO2, COx, metal gas |
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13 | Establishments of producing resin, packaging, printing, manufacturing light bulbs, filter, processing alcohol | COD, suspended solids | SOx, orgarnic gas, alcohol solvent |
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II | Agricultural sector |
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14 | Establishments of processing agricultural products |
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| - Establishments of processing sugarcane | COD, BOD5, suspended solids, sulfur, caliform, temperature, total phosphorus | Dust, SO2, CO, NOx, H2S |
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- Establishments of processing coffee | COD, BOD5, suspended solids, caliform | Dust, SO2, CO, NOx, NH3 |
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- Establishments of processing starch | BOD5, COD, suspended solids, caliform, cyanide, ammonia, total residual CL nitrogen, total phosphorus, sulfur, smell | Dust, SO2, CO, NOx, ammonium, H2S |
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Establishments of processing cashew | COD, BOD5, phenol | Dust, SO2, CO, phenol |
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- Establishments of processing vegetable, nuts | COD, BOD5, suspended solids | Dust |
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- Establishments of processing sodium glutamate | COD, BOD5, suspended solids | Dust, SOx, CO |
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- Establishments of processing agricultural products, grain | COD, BOD5, suspended solids |
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Establishments of processing animal breed | BOD5, COD, suspended solids, sulfur, colifrom, total nitrogen, total phosphorus, ammonium | Dust, SO2, CO, NOx, H2S, CH4, NH3 |
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- Establishments of slaughtering cattle and poultry | BOD5, suspended solids, colifrom, color, total nitrogen, total phosphorus | Dust, SO2, COx, smell (NH3, H2S) |
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15 | Establishments of livestock husbandry, focus breeding farms | BOD5, total nitrogen, total phosphorus, colifrom, suspended solids, sulfur | Dust, SO2, CO, NOx, H2S, NH3 |
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16 | Establishment of processing bamboo and rattan, wood impregnated with chemicals | BOD5, COD, suspended solids, phenols | Dust, SO2, NOx, orgarnic solvent |
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17 | Establishment of producing handicrafts | COD, BOD5, suspended solids | Dust, SO2, solvent gas |
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18 | Storage of plant protection drugs, plant protection drugs | Organophosphate, organochlorine, phenol | Organophosphate, organochlorine |
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III | Construction sector |
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19 | Establishment of treatment, processing of waste | BOD5, COD, total nitrogen, total phosphorus, colifrom, suspended solids, turbidity | Dust, SO2, CO, NOx, H2S |
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20 | Establishment of domestic and industrial wastewater concentration treatment | BOD5, COD, temperature, suspended solids, total nitrogen, total phosphorus, heavy metals, colifrom, color | Smell | Noise, vibration |
21 | Establishments of producing construction materials: bricks, cement, tile, stone cutting | Suspended solids, heavy metals, turbidity | Dust, SO2, CO, NOx, HF |
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IV | Fishery sector |
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22 | Aquaculture establishments | BOD5, COD, total nitrogen, total phosphorus, colifrom, suspended solids, ammonium | Smell (orgarnic), ammonium |
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23 | Establishments of seafood processing | BOD5, COD, suspended solids, total nitrogen, total phosphorus, colifrom, grease | Dust, SO2, CO, NOx, ammonium, H2S | Noise |
V | Health sector |
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24 | Hospitals, medical centers, the care, nursing areas | BOD5, total nitrogen, total phosphorus, colifrom | Dust, SO2, CO, NOx, dioxin |
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VI | Transport sector |
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25 | Establishments of repairing and building ships | Heavy metals, oils, phenols, suspended solids, cyanide | Dust, metal dust, alkaline gas, acid gas, SO2, CO, NOx | Tiếng ồn, |
26 | River and sea ports | BOD5, heavy metals, mineral oil and grease, colifrom | Dust, SO2, CO, NOx |
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27 | The establishments of ship dismantling | BOD5, heavy metals, oil, colifrom | Dust, metal dust, SO2, CO, NOx | Noise, vibration |
28 | Factory of manufacturing car motocycles | BOD5, COD, heavy metals, mineral oil and grease, colifrom | Dust, metal dust, SO2, CO, NOx |
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29 | The establishments of cleaning, washing oil tankers | BOD5, heavy metals, mineral oil and grease, colifrom |
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VII | Tourism sector |
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30 | Restaurants and hotels | BOD5, total nitrogen, total phosphorus, colifrom | Dust, temperature |
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Note: The hazardous environmental parameters specified in the Decision No.23/2006/QD-BTNMT on 26/12/2006 of the Minister of Natural Resources and Environment promulgating the list of hazardous waste, Vietnam Standard TCVN 6706:2000 for hazardous waste - classification; National Standard TCVN 7629:2007 for the hazardous waste threshold.
Form No.1
(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)
PEOPLE’S COMMITTEE OF PROVINCE/CITY …. | SOCIALIST REPUBLIC OF VIETNAM |
LIST OF THE ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION
Year 20….
(Enclosed with the Report No. ……/………. date…… month…..year 20 of Department of Natural Resource and Environment)
No. | Names of the establishments | Addresses | Directly managing agencies | Agencies approving EIA report or registration for commitment of environmental protection | Reasons of including in the list 1 | Proposal for time to handle | Proposal for measure of handling |
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| DIRECTOR (Signature and stamp) |
1 Compare with the criteria which have been defined
Form No.2
(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)
PEOPLE’S COMMITTEE OF PROVINCE/CITY …. | SOCIALIST REPUBLIC OF VIETNAM |
LIST OF THE ESTABLISHMENTS CAUSING SERIOUS ENVIRONMENTAL POLLUTION
Year 20….
(Enclosed with the Report No. ……/………. date…… month…..year 20 of Department of Natural Resource and Environment)
No. | Names of the establishments | Addresses | Directly managing agencies | Agencies approving EIA report or registration for commitment of environmental protection | Reasons of including in the list 1 | Proposal for time to handle | Proposal for measure of handling |
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| DIRECTOR (Signature and stamp) |
1 Compare with the criteria which have been defined
Form No.3
(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)
PEOPLE’S COMMITTEE OF PROVINCE/CITY …. | SOCIALIST REPUBLIC OF VIETNAM |
LIST OF THE ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION IN 20… REQUESTED TO THE PRIME MINISTER FOR HANDLING
(Enclosed with the Report No. ……/………. date…… month…..year 20 of the People’s Committee of province/City)
No. | Names of the establishments | Addresses | Directly managing agencies | Agencies approving EIA report or registration for commitment of environmental protection | Reasons of including in the list 1 | Proposal for time to handle | Proposal for measure of handling |
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| PRESIDENT (Signature and stamp) |
1 Compare with the criteria which have been defined
Form No.4
(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)
MINISTRY OF NATIONAL DEFENSE/MINISTRY | SOCIALIST REPUBLIC OF VIETNAM |
LIST OF THE ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION IN 20…
(Enclosed with the Report No. ……/………. date…… month…..year 20 of General Department/Department …..)
No. | Names of the establishments | Addresses | Directly managing agencies | Agencies approving EIA report or registration for commitment of environmental protection | Reasons of including in the list 1 | Proposal for time to handle | Proposal for measure of handling |
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| GENERAL DIRECTOR/DIRECTOR (Signature and stamp) |
1 Compare with the criteria which have been defined
Form No.5
(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)
MINISTRY OF NATIONAL DEFENSE/MINISTRY | SOCIALIST REPUBLIC OF VIETNAM |
LIST OF THE ESTABLISHMENTS CAUSING SERIOUS ENVIRONMENTAL POLLUTION IN 20…
(Enclosed with the Report No. ……/………. date…… month…..year 20 of General Department/Department …..)
No. | Names of the establishments | Addresses | Directly managing agencies | Agencies approving EIA report or registration for commitment of environmental protection | Reasons of including in the list 1 | Proposal for time to handle | Proposal for measure of handling |
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| GENERAL DIRECTOR/DIRECTOR (Signature and stamp) |
1 Compare with the criteria which have been defined
Form No.6
(Issued together with the Circular No.07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resource and Environment)
MINISTRY OF NATIONAL DEFENSE/MINISTRY | SOCIALIST REPUBLIC OF VIETNAM |
LIST OF THE ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION IN 20… REQUESTED TO THE PRIME MINISTER FOR HANDLING
(Enclosed with the Report No. ……/………. date…… month…..year 20 of Ministry of National Defense/Ministry
of Public Security)
No. | Names of the establishments | Addresses | Directly managing agencies | Agencies approving EIA report or registration for commitment of environmental protection | Reasons of including in the list 1 | Proposal for time to handle | Proposal for measure of handling |
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| MINISTER (Signature and stamp) |
1 Compare with the criteria which have been defined
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