THE
NATIONAL ASSEMBLY
------- |
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness --------------- |
No.
55/2014/QH13
|
Hanoi,
June 23, 2014
|
LAW
Pursuant to the Constitution of the Socialist Republic of
Vietnam;
The National Assembly hereby promulgates the Law on
Environmental Protection.
Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Law provides statutory provisions on environmental
protection activities; measures and resources used for the purpose of
environmental protection; rights, powers, duties and obligations of regulatory
bodies, agencies, organizations, households and individuals who are tasked with
the environmental protection task.
Article 2. Applicable entities
This Law is applied to regulatory bodies, public agencies,
organizations, family households and individuals within the territory of the
Socialist Republic of Vietnam, including mainland, islands, territorial waters
and airspace.
Article 3. Interpretation of terms
In this Law, the terms shall be construed as follows:
1. Environment refers to a system of natural and
artificial physical factors affecting the existence and development of human
beings and creatures.
2. Environment components refer to physical constituent
elements forming an integral part of the environment such as land, water, air,
sound, light, organism and things in other physical forms.
3. Environmental protection refers to the environmental
conservation, and the prevention and control of harmful impacts on environment;
the response to environmental emergencies; the mitigation of environmental
pollution, degradation, improvement and remediation; proper extraction and
consumption of natural resources for the purpose of maintaining a pure
environment.
4. Sustainable development refers to the formal process
in which the development can help keep pace with rigorous needs that emerge at
the present time without causing any harm to the likelihood of future
generations’ satisfying such needs on the basis of sustaining a close and
harmonious cooperation amongst the economic growth, social progress and
environmental protection.
5. Technical regulations on environment refer to a set
of parameters relating to the environmental quality in surrounding areas,
amount of contaminants that remain in wastes, technical and managerial
requirements which are issued by a competent regulatory authority in the form
of a written document that entities involved must be binding on to serve the
purpose of environmental protection.
6. Environmental standards refer to a set of parameters
relating to the environmental quality in surrounding areas, amount of
contaminants that remain in wastes, technical and managerial requirements which
are issued by a competent regulatory authority in the form of a written
document that entities involved may choose to follow at their discretion to
serve the purpose of environmental protection.
7. Environmental health refers to the state of physical
factors in the environment that can affect the human health and cause human
diseases.
8. Environmental pollution refers to the change in the
environment components in breach of technical regulations on environment and
environmental standards, which can result in adverse impacts on human beings
and creatures.
9. Environmental degradation refers to a reduction in
the quality and amount of environment components, which can pose a threat to
human beings and creatures.
10. Environmental emergencies refer to any unexpected
event that happens as a result of human activities or environmental changes,
which can seriously contaminate, degrade or disturb the environment.
11. Environmental contaminant refers to chemicals,
physical and biological substance, when introduced into the environment, that
exceed the permitted benchmark, resulting in the environmental pollution.
12. Wastes refer to a kind of materials emitted from
activities such as manufacturing, trading, service, daily activities and
others.
13. Hazardous wastes refer to the waste that exhibits
one or more of hazardous traits such as toxicity, reactivity, infectivity,
ignitability, corrosivity or other poisonous characteristics.
14. Environmental industry refers to an economic sector
that involves the supplying of technological solutions, equipment, services and
products used to suit the requirements for environmental protection.
15. Waste management refers to the process of
prevention, control, minimization, monitoring, classification, collection,
transportation, reuse, recycling and disposition of wastes.
16. Scrap refers to materials that are collected,
classified and selected from discarded materials and products during the
manufacturing or consumption process, which can be then reused as materials for
another manufacturing process.
17. Environment’s maximal load refers to the maximum
resistance of the environment against influential factors which can enable the
environment itself to be remediated.
18. Pollution control refers to the process for
preventing, detecting, controlling and removal of pollutants or contaminants.
19. Environmental regulatory dossier refers to a
combination of documents on the environment and environmental protection
processes and activities performed by agencies, organizations, and businesses
in accordance with laws.
20. Environmental monitoring refers to the formal
processes and activities that need to take place to monitor the quality and
components of the environment in a systematic manner as well as factors
affecting the environment in order to provide necessary information to prepare
the assessment on current status and change of the environment quality, and
harmful impacts on the environment.
21. Planning for environmental protection refers to the
environmental zoning scheme to conserve, develop and establish technical
infrastructural systems for the environmental protection in line with a range
of measures to be taken to protect the environment, which must be closely
connected with the general planning for socio-economic development to aim for
the sustainable development.
22. Strategic environmental assessment refers to the
analysis and forecast of existing or potential impacts on the environment,
which have been described in the development strategy, planning and proposal,
in order to provide measures to control and reduce adverse impacts on the
environment, and to serve as a ground for and to be incorporated in such
development strategy, planning and proposal with the objective of ensuring the
sustainable development.
23. Environmental impact assessment refers to the
analysis and prediction of environmental impacts of specific investment
projects in order to take preventive measures to protect the environment during
the implementation of such projects.
24. Environmental protection infrastructure refers to
the system for collecting, storing, transporting, recycling, reusing and
disposing waste substances and monitoring the environment.
25. Greenhouse gas refers to a gas in an atmosphere
causing the global warming and climate change.
26. Response to climate change refers to actions that
human beings may take to adapt to and mitigate the climate change.
27. Carbon credit refers to any tradable certificate or
permit relating to a reduction in greenhouse gas emission.
28. Environmental security refers to the assurance
about none of significant threats posed by environmental events and trends to
the politic and social stability as well as the economic growth in a country.
29. Environmental information refers to environmental
figures and data represented in the form of signs, letters, numbers, images,
sounds or the like.
Article 4. Principles of environmental protection
1. Environmental protection is the responsibilities and
obligations of every agency, organization, family household and individual.
2. Environmental protection must harmonize with the economic
growth, social security, assurance about the children’s right, promotion of
gender equality, development and conservation of biodiversity, response to
climate changes, in order to ensure the human right to live in a pure
environment.
3. Environmental protection must be performed on the basis
that natural resources are properly consumed and amount of waste substances are
reduced to a minimum.
4. National environmental protection must conform to the
regional and global environmental protection; environmental protection must
ensure no harm to the national sovereignty and security.
5. Environmental protection must comply with the natural laws
and characteristics, cultural and historical identities as well as the level of
socio-economic development of the country.
6. Environmental protection activities must be carried out in
a regular manner, and prioritize the prevention and control of environmental
pollution, emergencies and degradation.
7. Any organization, family household or individual,
who uses environment components and profits from the environment, is obliged to
make their financial contribution to the environmental protection task.
8. Any organization, family household or individual, who
causes environmental pollution, emergencies and degradation, is responsible to
find remedial solutions, pay damages and assumes other responsibilities as
stipulated by laws.
Article 5. Regulatory policies on the environmental
protection
1. Facilitate the involvement of organizations, family
households and individuals in the environmental protection activities; inspect
and supervise the performance of environmental protection activities in
accordance with laws.
2. Propagate, raise people's awareness of environmental
protection in association with impose administrative punishments; introduce
economic measure and others to reinforce statutes and etiquettes of the
environmental protection.
3. Conserve the biological diversity; extract and use natural
resources in a proper and economical manner; develop green and renewable
energy; strengthen recycling, reuse and reduce waste substances to a minimum.
4. Prioritize the solutions to pressing environmental
problems, serious environmental pollution and water contamination; enhance the
environmental protection at residential areas and improve the environmental
protection infrastructure.
5. Diversify investment funds for the environmental
protection; reserve a specified amount of expenditures allocated from the
government budget for the environmental protection, which equals to a gradual
increase in the growth rate; perform the consistent management of funds for the
environmental protection and prioritize the utilization of these funds for key
industries in the environmental protection.
6. Provide financial and land preferences and supports for the
environmental protection activities, environment-friendly manufacturers and
businesses.
7. Intensify the training for workforce involved in the
environmental protection task.
8. Increase the development of environmental technology and
science; prioritize the study, transfer and application of technological
advances, high and eco-friendly technologies; introduce environmental standards
to better meet the requirements for the environmental protection.
9. Combine environmental and natural resource protection
activities with the response to climate change and environmental security
assurance.
10. Commend and reward agencies, organizations, family
households and individuals for their active role in environmental protection
activities.
11. Seek and enter into more international cooperation in the
environmental protection; fulfill the international commitment to the
environmental protection.
Article 6. Course of actions that are advised to take to
protect the environment
1. Communicate, educate and mobilize people to participate in
the environmental protection, keep the environment clean, protect natural
landscapes and biodiversity.
2. Protect and use natural resources in an appropriate and
cost-efficient manner.
3. Control, collect, reuse and recycle wastes.
4. Bring forth the response to climate change; develop and use
green and renewable energy sources; make a reduction in the greenhouse gas
emission and gases causing the ozone layer depletion.
5. File an application for registration as eco-friendly
establishments and products; manufacture, trade and consume eco-friendly
products.
6. Conduct scientific researches, technology transfer and
apply the technology for the disposal and recycling of wastes, and
environment-friendly technologies.
7. Invest in establishing plants for the production of devices
and equipment used for the environmental protection; supply environmental
protection services; carry out the environmental auditing; provide green
credits and investments.
8. Conserve and develop indigenous genes; produce and import
genetic resources which are of high economic value and environmental benefit.
9. Erect eco-friendly villages and hamlets at mountainous
areas and minority communities, and residential zones.
10. Develop organizations and environmental sanitation
services in various forms, which shall be autonomously managed by the
residential community.
11. Form good life styles and habits towards the environmental
sanitation; eradicate depraved customs that can pose risks to the environment.
12. Contribute intellectual, effort and financial contribution
to environmental protection activities; enter into public-private partnership
in the environmental protection.
Article 7. Prohibited acts
1. Ruin and illegally extract natural resources.
2. Obtain biotic resources by means of mass-killing equipment,
devices and methods; carry out such production process in wrong seasons and in
breach of legal regulations on the permitted productivity.
3. Obtain, trade and consume wild plants and animals
identified in the list of preferentially-protected endangered, precious and
scarce species, regulated by the competent authority.
4. Transport and bury poisons, radioactive substances, wastes
and other hazardous substances in violation of technical process of the
environmental protection.
5. Get rid of untreated wastes or sewage to meet the rigorous
standards stipulated in technical regulations on environment; spread toxics,
radioactive substances and other hazardous substances out to the land, water
and air.
6. Discharge hazardous wastewater, waste substances and
microorganisms and other poisonous agents which can impose risks to human
beings and creatures into water sources.
7. Discharge smoke, dirt and gas containing toxic agents or smells
into the air; emit the radiation, discharge the radioactivity and get
substances to be exposed to the ionization, which exceeds the acceptable level
stipulated in the technical regulations on environment.
8. Generate noises and vibrations in excess of the acceptable
level stipulated in the technical regulations on environment.
9. Import and transit waste substances from overseas countries
in any form.
10. Import and transit untested animals, plants, and
microorganisms that are not identified in the list of permitted species.
11. Manufacture and trade products likely to pose risks to
human beings, creatures and ecology; manufacture and utilize raw materials and
building materials containing toxic agents in excess of the acceptable level
prescribed in the technical regulations on environment.
12. Sabotage or infringe upon natural heritage sites and
wildlife sanctuaries.
13. Wreck structures, equipment and facilities used for
environmental protection activities.
14. Carry out illegal operations and live in areas defined as
banned areas by the competent authority due to their seriously dangerous
environment for human beings.
15. Conceal acts of environmental depletion as well as
interfere with the environmental protection and misrepresent the information
that can cause bad effects on the environment.
16. Abuse the power or authority, or overuse powers or lack
responsibilities of the competent entities to infringe upon the regulations on
environmental management.
Chapter II
PLANNING
FOR ENVIRONMENTAL PROTECTION, STRATEGIC ENVIRONMENT ASSESSMENT, ENVIRONMENTAL
IMPACT ASSESSMENT AND ENVIRONMENTAL PROTECTION PLAN
Section 1. PLANNING FOR ENVIRONMENTAL PROTECTION
Article 8. Principle, level and term of the planning for
environmental protection
1. Planning for environmental protection must comply with the
following principles:
a) Conform to the natural, socio-economic conditions;
the general strategy and planning for the socio-economic development, and
national defense and security maintenance; the national environment protection
strategy with the aim of ensuring the sustainable development;
b) Ensure the conformity to the planning for land use; keep
basic contents given in the planning for environmental protection consistent;
c) Ensure the conformity to principles of environmental
protection as prescribed in Article 4 of this Law.
2. Planning for environmental protection shall include 02
levels such as the planning for environmental protection at the national and
provincial level.
3. The planning period of environmental protection is 10 years
with a vision to 20 years later.
Article 9. Basic contents of the planning for environmental
protection
1. The national-level planning for environmental protection
consists of the basic contents as follows:
a) Assessment on current environmental status, environmental
management, prediction for trends towards environmental and climate changes;
b) Environmental zoning;
c) Biodiversity and forest conservation;
d) Environmental management of sea, islands and river basins;
dd) Waste management;
e) Environmental protection infrastructure; environmental
monitoring system;
g) Planning maps representing contents prescribed at Points b,
c, d, dd and e of this Clause;
h) Resources required for the implementation;
i) Implementation.
2. The provincial-level planning for environmental protection
must align with the specific conditions that exist in each locality through a
separate or integrated planning as per the general planning for the
socio-economic development.
3. Details of this Article shall be regulated by the
Government.
Article 10. Responsibility for preparing the planning for
environmental protection
1. The Ministry of Natural Resources and Environment shall
prepare the national-level planning for environmental protection.
2. People’s Committees of centrally-governed cities
and provinces (hereinafter referred to as provincial People’s Committee) shall
take charge of formulating processes or preparing the local planning for
environmental protection.
Article 11. Consultation on, inspection and approval of the
planning for environmental protection
1. Consultation on the preparation of the planning for
environmental protection is regulated as follows:
a) The Ministry of Natural Resources and Environment shall
consult with Ministries, regulatory agencies and provincial People’s Committees
in writing and hold an official consultation with relevant regulatory agencies
and organizations during the preparation of the national-level planning for
environmental protection;
b) Provincial People’s Committees shall consult with
departments, regulatory agencies and People’s Committees of a district, town or
city (hereinafter referred to as district-level People's Committee) in writing
and hold an official consultation with relevant regulatory agencies and
organizations during the preparation of the provincial-level planning for
environmental protection.
2. Inspection and approval of the planning for environmental
protection shall be required as follows:
a) The Ministry of Natural Resources and Environment shall
establish a Council for interdisciplinary inspection and prepare the
national-level planning for environmental protection for submission to the
Prime Minister with the intent to seeking the approval for that planning.
b) Provincial People’s Committee shall inspect and
approve the report on the provincial-level planning for environmental
protection after obtaining written advice from the Ministry of Natural
Resources and Environment.
3. Details of this Article shall be regulated by the Government.
Article 12. Review and modification of the planning for
environmental protection
1. The planning for environmental protection must be
periodically rechecked, revised and assessed in terms of the developmental
process of that planning in order to make any proper adjustment thereto for the
purpose of enabling the planning to conform to the socio-economic development
conditions in each period. Time span for the periodical review of the planning
for environmental protection shall be within a period of 5 years that begins
with the approval date.
2. Adjustment and revision to the planning for environmental
protection shall be commenced whenever the strategy for socio-economic
development, national defense and security maintenance at national level or
provincial level is adjusted. Such efforts shall be made in accordance with
regulations specified in Articles 8, 9, 10 and 11 enshrined in this Law and
other legal instruments.
Section 2. STRATEGIC ENVIRONMENT ASSESSMENT
Article 13. Strategic environment assessment objects
1. Strategic environment assessment objects include:
a) General
strategy and planning for socio-economic development of socio-economic regions,
key economic regions, corridors and belts;
b) General planning for socio-economic development of centrally-governed
cities and provinces and special administrative – economic units;
c) Strategy and planning for development of economic,
processing and exporting, high technology, and industrial zones;
d) Strategy and planning for extraction and utilization of
natural resources that require an inclusion of 02 or more provinces;
dd) Strategy, planning and proposal for industrial and
sectoral development at the national, local and provincial level that can
significantly affect the environment;
e) Adjustment to the strategy, planning and proposal for
specified objects described at Points a, b, c, d and dd of this Clause.
2. List of strategic environment assessment objects shall be
regulated by the Government.
Article 14. Carrying out the strategic environment
assessment
1. The regulatory agencies tasked with the preparation of
strategy, planning and proposal as stipulated in Clause 1 Article 13 of this
Law shall assume their responsibility for preparing or hiring an advisory
organization to prepare the report on strategic environment assessment.
2. The strategic environment assessment must be carried out
simultaneously with the process for preparing the strategy, planning and
proposal.
3. The final result of the strategic environment assessment
must be checked and incorporated into the strategy, planning and proposal.
4. On the basis of carrying out the strategic environment
assessment, the regulatory agencies tasked with the preparation of strategy,
planning and proposal shall assume their responsibility for preparing the
report on strategic environment assessment for submission to the competent
authority for the inspection purpose.
Article 15. Main subject-matters of the report on strategic
environment assessment
1. Necessity and legal grounds for the task of preparing the
strategy, planning and proposal.
2. Method for carrying out the strategic environment
assessment.
3. Summary of subject-matters included in the strategy,
planning and proposal.
4. Natural and socio-economic environment of an area which is
affected by the strategy, planning and proposal.
5. Assessment on the conformity of the strategy, planning and
proposal to environmental protection viewpoints and objectives.
6. Assessment and prediction with reference to the positive
and negative trend towards environmental issues to be provided in the case of
implementing the strategy, planning and proposal.
7. Assessment and prediction with reference to the trend in
climate change impacts in the course of implementing the strategy, planning and
proposal.
8. Consultation to be required in the process of the strategic
environment assessment.
9. Measures for sustaining the positive trends, controlling
and mitigating negative trends towards environmental issues in the process of
the strategy, planning and proposal.
10. Issues that need to be further researched in the process
of implementing the strategy, planning, proposal, and recommended solutions.
Article 16. Verification of the report on strategic
environment assessment
1. Responsibility for verifying the report on strategic
environment assessment shall be specified as follows:
a) The Ministry of Natural Resources and Environment shall
carry out the verification of the report on strategic environment assessment in
respect of the strategy, planning and proposal decided by the National
Assembly, Government and the Prime Minister;
b) Ministries and quasi-ministerial agencies shall arrange to
verify the report on strategic environment assessment in respect of the
strategy, planning and proposal within their jurisdiction;
c) Provincial People’s Committees shall verify the
report on strategic environment assessment in respect of the strategy, planning
and proposal within their authority to grant approval and within the
jurisdiction of People’s Council at the same administrative level.
2. The verification of the report on strategic environment
assessment must be performed by an inspection council established by the head
or the person who takes over as a leader of the agency in charge of preparing
the report on strategic environment assessment.
3. The agency in charge of verifying the report on strategic
environment assessment shall arrange to inspect and assess the information
given in the report on strategic environment assessment; conduct a poll to
collect opinions from regulatory agencies, organizations and experts involved.
Article 17. Receiving the verification comments and
reporting the conclusive result of verification of the report on the strategic
environment assessment
1. The regulatory agencies in charge of developing the
strategy, planning and proposal shall assume their responsibility for
completing the report on strategic environment assessment and preparing a
written draft of the strategy, planning and proposal on the basis of conducting
proper researches and referring to responses from the inspection council.
2. The regulatory in charge of verifying the report on
strategic environment assessment shall send a written report on the
verification result to the competent authority to obtain the approval for the
strategy, planning and proposal.
3. The conclusive result of verification of the report on
strategic environment assessment shall serve as the ground for the approval of
strategy, planning and proposal granted by the competent authority.
Section 3.
ENVIRONMENTAL IMPACT ASSESSMENT
Article 18. Environmental
impact assessment objects
1. Environmental impact assessment objects consist of:
a) Projects subject to the decision on investment intentions
made by the National Assembly, Government and the Prime Minister;
b) Projects that use land parcels situated in wildlife
sanctuaries, national parks, historical – cultural monuments, world heritage
sites, biosphere reserves, scenic beauty areas that have been ranked;
c) Projects that can cause bad effects on the environment.
2. List of projects mentioned at Points b and c Clause 1 of
this Article shall be regulated by the Government.
Article 19. Carrying out the environment impact assessment
1. Owners of projects regulated in Clause 1 Article 18 of this
Law shall carry out, on his own, or hire an advisory organization to carry out
the environmental impact assessment and take statutory responsibility for the
conclusive result after carrying out such assessment.
2. The environment impact assessment must be performed in the
preparatory stage of the project.
3. The conclusive result yielded after carrying out the
environment impact assessment shall be expressed in the form of the report on
environmental impact assessment.
4. Expenses incurred from the formulation and inspection of
the report on environmental impact assessment, and included in total investment
budget shall be covered by the project owner.
Article 20. Remaking the report on the environment impact
assessment
1. Project owners must repeat the report on the environment
impact assessment when:
a) The project is not executed within a period of 24 months as
from the date on which the decision on approving the report on environmental
impact assessment is made;
b) Project location has been changed as against the approved
plan specified in the report on environmental impact assessment;
c) An increase in the size, capacity and technological changes
can cause adverse impacts on the environment in comparison with the approved
alternatives identified in the report on environmental impact assessment.
2. Details of Point c Clause 1 in this Article shall be
regulated by the Government.
Article 21. Consultation to be required in the process of
the strategic environment assessment
1. The consultation to be required in the process of
environmental impact assessment is aimed at completing the report on
environmental impact assessment, helps minimize the bad impacts on the
environment and human beings and ensure the sustainable development of the
project.
2. Project owners are obliged to consult with regulatory
agencies, organizations and communities that are directly affected by the
project.
3. Projects that do not require the consultation include:
a) Those in conformity with the planning for concentrated
manufacturing, trading and service provision areas under the approval of the
report on environmental impact assessment at the infrastructural construction
stage for the project;
b) Those specified in the list of state secret projects.
Article 22. Main subject-matters of the report on
environmental impact assessment
1. Origin of the project, project owners, and the competent
authority's approval of the project; method of the environmental impact
assessment.
2. Evaluation of technological choice, work items and any
activity relating to the project which can cause bad effects on the
environment.
3. Assessment of current status of natural and socio-economic
environment carried out at areas where the project is located, adjacent areas
and demonstration of the suitability of the selected project site.
4. Assessment and forecast of waste sources, and the impact of
the project on the environment and community health.
5. Assessment, forecast and determination of measures for
managing the risks of the project posed to the environment and community
health.
6. Waste disposal measures.
7. Measures for minimizing the impact of the project on the
environment and community health.
8. Consultation result.
9. Environmental management and supervision programs.
10. Budget estimate for the construction of environmental
protection facilities and measures to be taken to minimize the environmental
impact.
11. Alternatives to the application of measures for the
environment protection.
Article 23. Authority to verify the report on environmental
impact assessment
1. The Ministry of Natural Resources and Environment shall
arrange to verify the report on environmental impact assessment in respect of
the following projects:
a) Projects subject to the decision on investment intentions
made by the National Assembly, Government and the Prime Minister;
b) Interdisciplinary or inter-provincial projects stipulated
at Points b and c Clause 1 Article 18 in this Law, exclusive of those classified as the secret
projects in the field of national defense and security;
c) Projects verified by the Government’s authorized entities.
2. Ministries and quasi-ministerial agencies shall inspect the
report on environmental impact assessment in respect of projects that shall be
permitted under their decision and approval, but are not specified in
regulations mentioned at Points b and c Clause 1 of this Article.
3. The Ministry of National Defense and the Ministry of Public
Security shall arrange to verify the report on environmental impact assessment
in respect of projects that shall be permitted under their decision and
approval, and those classified as the secret projects in the field of national
defense and security.
4. Provincial People’s Committees shall arrange to
verify the report on environmental impact assessment in respect of investment
projects within their territories that are not regulated at Clause 1, 2 and 3
of this Article.
Article 24. Verification of the report on environmental
impact assessment
1. The Head or the person who takes over as a leader of the
agency in charge of the verification task shall arrange to carry out the
verification of the report on environmental impact assessment by means of
seeking the permission from the inspection council or obtaining advisory
opinions from relevant agencies and organizations, and concurrently bear legal
responsibility for their verification result.
2. Members of the inspection council and entities that are
requested to contribute their advisory opinions shall be legally responsible
for such of their opinions.
3. When necessary, the agency in charge of
verification shall arrange to conduct a poll to obtain the critical opinions
from other institutions, organizations and experts in relation to the
verification of the report on environmental impact assessment.
4. Within a verification period, where any adjustment or
supplementation is required, the inspection agency is responsible to send a
written notification thereof to the project owner.
Article 25. Approval of the report on the environmental
impact assessment
1. Within a period of 20 days which begins with the date when
the report on environmental impact assessment is received after being adjusted
at the request of the verification agency, the head or the person who takes
over as the leader of the inspection agency shall be responsible to approve the
report on environmental impact assessment; if the report is rejected, the
project owner must be notified in writing in which the reasons for such
rejection must be clearly explained.
2. Decision on verifying the report on environmental impact
assessment shall serve as the ground for the competent authority's following
tasks:
a) Decision on the intention to invest in the projects
specified in Article 18 of this Law must be granted if the project is required
to obtain such decision in accordance with laws.
b) Issuing and revising the prospecting permit, mineral
extraction permit in respect of the mineral exploration and extraction
projects;
c) Approving the plan for prospecting or exploration, and the
plan for mine development in respect of petroleum exploration and extraction;
d) Issue and revising the construction permit in respect of
the projects on the development of works or structures that are required to
obtain the construction permit before commencement;
dd) Issuing the investment certificate with reference to
projects that are not regulated at Points a, b, c and d in this Clause.
Article 26. Responsibility assumed by the project owner
after being granted the approval of their report on the environmental impact
assessment
1. Comply with the requests specified in the approval of their
report on environmental impact assessment.
2. Where any change in the project size, capacity and
technology applied in the project execution is blamed for the bad impact on the
environment in comparison with the alternatives given in the approved report on
environmental impact assessment, but is not too serious to make another report
as stipulated at Point c Clause 1 Article 20 pf this Law, the project owner
must send their explanation to the agency who grants the approval of the report
on environmental impact assessment, and the project shall be commenced only
after obtaining the permission from such agency.
Article 27. Responsibility assumed by the project owner
before bringing the project into operation.
1. Apply measures for the environmental protection under the
decision on the approval of their report on environmental impact assessment.
2. Notify the agency who grants the approval of the report on
environmental impact assessment of the developmental process of environmental
protection works functioning as an ancillary part of major projects that can
cause bad impacts on the environment in accordance with the Governmental
regulations. These projects will be commenced only after the agency in charge
of the approval of the report on environmental impact assessment has inspected
and certified the completion of environmental protection works.
Article 28. Responsibility of the agency in charge of
approving the report on the environmental impact assessment
1. Bear the statutory responsibility for their conclusive
result and decision on the approval of the report on environmental impact
assessment.
2. Within a period of 15 days as from the date on which the
project owner’s report on the completion of environmental protection works
under the regulations specified in Clause 2 Article 27 of this Law, the agency
in charge of approving the report on environmental impact assessment must
examine and issue the certificate of completion of environmental protection
works. Where an analysis of complicated environmental criteria is required, the
time span for the issuance of the certificate of completion of environmental
protection works can be extended for less than 30 days.
Section 4.
ENVIRONMENTAL PROTECTION PLAN
Article 29. Objects
that require the formulation of environmental protection plan
1. Investment projects that are not identified as objects that
require the environmental impact assessment.
2. Alternatives for the production, trading and services that
are not identified as objects that require the formulation of investment
projects in accordance with the law on investment.
3. Details of this Article shall be regulated by the
Government.
Article 30. Subject-matters of the environmental protection
plan
1. Project site.
2. Type, technology and scale of production, trading and
service.
3. Required raw materials and fuels.
4. Forecast of wastes and any other substances affecting the
environment.
5. Measures for disposing of wastes and mitigating the bad environmental
impact.
6. Measures to be applied for the environment protection.
Article 31. Time of registration and certification of the
environmental protection plan
Owners of projects, alternatives for production, trading and
service provision as regulated in Article 29 of this Law must prepare the
environmental protection plan for submission to competent authorities,
according to regulations specified in Article 32 of this Law, for the purpose
of consideration and certification before the project is commenced and
alternatives for production, trading and service provision are put into
operation.
Article 32. Responsibility for confirmation of the
environmental protection plan
1. The environment protection agency affiliated to provincial
People’s Committees must certify the environmental protection plan in respect
of the following projects:
a) Those that shall be executed in more than 02 districts;
b) Those that shall be executed on polluted marine zones with
waste substances to be shipped for the purpose of inland treatment in a
province;
c) Those that are designed at a large scale and can cause bad
impacts on the environment of a province in accordance with the Minister of
Natural Resources and Environment.
2. District-level People’s Committee shall certify the
environmental protection plan of projects and alternatives for production,
trading and service provision within the vicinity of a specified district,
except for those regulated in Clause 1 of this Article; district-level People’s
Committee is entitled to authorize People’s Committee of a commune, ward or
town (hereinafter referred to as communal People’s Committee) to certify the
environmental protection plan for projects, alternatives for production,
trading and service provision managed by family households within the territory
of a specific commune.
3. Within a period of 10 days as from the receipt of the
environmental protection plan, competent authorities stipulated in Clause 1 and
2 of this Article must certify the registration of the environmental protection
plan; where the certification of registration of the environmental protection
plan is refused, the competent authority must send a written notification in
which the reasons for this refusal must be clearly stated.
Article 33. Responsibility assumed by the project owner and
owner of manufacturing or business establishment upon completion of
certification of the environmental protection plan
1. Measures to be applied for the environment protection
according to the approved plan for environmental protection.
2. Where an environmental emergency occurs, all operations
must be suspended, take remedial measures and promptly notify the communal or
People’s Committee of a commune or district where the project is executed, or
the environmental protection agency affiliated to the provincial People’s
Committee as well as relevant competent agencies.
3. Cooperate with and provide all required information
for governmental bodies in charge of State management of the environmental
protection, which serve the purpose of examination and inspection.
4. Prepare another plan and repeat the registration of the
plan for environmental protection for investment projects, alternatives for
production, trading and service provision in the following cases:
a) Relocation;
b) Failure to put the approved plan for environmental
protection into operation within a period of 24 months as from the date on
which the approval is granted.
5. Where projects and alternatives for production,
trading and service provision have been changed in respect of their size and
characteristics so significantly that another report on the environmental
impact assessment must be in place, owners of such manufacturing or
business establishments must prepare the report on environmental impact
assessment for submission to the competent authority for the purpose of
verification and approval.
Article 34. Responsibility of the agency in charge of
certifying the environmental protection plan
1. Examine the application of measures for the environment
protection according to the approved environmental protection plan.
2. Receive and deal with environmental protection
recommendations of project owners and owners of manufacturing or business
establishments, individuals participating in the project and alternatives for
production, trading and service provision.
3. Cooperate with project owners and owners of manufacturing
or business establishments, and any relevant entity in settling environmental
emergencies that take place during the implementation of projects and
alternatives for production, trading and service provision.
Chapter III
ENVIRONMENTAL
PROTECTION CONCERNS DURING THE EXTRACTION AND UTILIZATION OF NATURAL RESOURCES
Article 35. Environmental protection concerns during the
inspection, assessment and preparation of the planning for utilization of
natural resources and biodiversity
1. The current status, recyclability and economic value of
natural resources and biodiversity must be investigated and evaluated to serve
as a basis for the preparation of the plan for proper utilization; define the
limit on permitted extraction levels, severance tax rates, environmental
protection fees, environmental remediation deposits, biodiversity reimbursable
costs, environmental damages and other measures for the environmental
protection.
2. The inspection, assessment and preparation of the planning
for utilization of natural resources must be performed in accordance with laws.
Article 36. Protection and sustainable development of
forest resources
All activities relating to production, trading and service
provision as well as others that cause impacts on land, water, air resources
and forest-related biodiversity must comply with regulations set out in this
Law and the law on biodiversity, protection and development of forests, and
other relevant laws.
Article 37. Environmental protection concerns during the
basic survey, exploration, extraction and utilization of natural resources
1. The basic survey, exploration, extraction and utilization
of natural resources must comply with the planning approved by competent
regulatory agencies.
2. A permit for exploration, extraction and utilization of
natural resources must enclose the information about environmental protection
in accordance with laws.
3. In course of basic survey, exploration, extraction and
utilization of natural resources, interested organizations and individuals bear
responsibility for fulfilling the requirements for environmental protection;
must carry out the environmental remediation in accordance with this Law and
other relevant laws.
Article 38. Environmental protection concerns during the
exploration, extraction and processing of minerals
1. In course of prospecting, extraction and processing of
minerals, interested organizations or individuals must find preventive measures
and responses to environmental emergencies and meet requirements for
environmental protection, rehabilitation and remediation as follows:
a) Collect and dispose of wastewater in accordance with laws;
b) Collect and dispose of solid wastes in accordance with the
regulations on solid waste management;
c) Take measures to prevent and control the spread of
hazardous waste dusts and emissions that can pose threats to the surroundings;
d) Draw up a plan for environmental rehabilitation and remediation
for all processes of exploration, extraction and processing of minerals, and
take ongoing action to rehabilitate and restore the environment in course of
exploration, extraction and processing of minerals;
dd) Provide environmental remediation deposits in accordance
with laws.
2. Minerals with hazardous properties must be handled and
shipped by dedicated transports and properly covered to prevent being spread
out to the environment.
3. Employment of machinery and equipment that can cause
harmful impacts on the environment, hazardous chemicals in the mineral
exploration and extraction is subject to the examination and inspection carried
out by the agency in charge of State management of environmental protection.
4. Prospecting, extraction, shipping and processing of
petroleum and minerals that contain radioactive, toxic and explosive agents
must conform to regulations set out in this Law and the law on chemical safety,
radiation safety and nuclear safety.
5. The Ministry of Natural Resources and Environment shall
direct and cooperate with the Ministry of Industry and Trade, other relevant
Ministries, quasi-ministerial organs, Governmental bodies and provincial
People’s Committees in jointly providing guidance on the statistical report on
waste discharges, assessment of environmental contamination level of mineral
extraction and processing sites; examine and inspect the compliance with laws
on the environmental protection thereof.
RESPONSE TO CLIMATE
CHANGE
Article 39. General provisions on the response to climate
change
1. All activities relating to the environmental protection
must be harmoniously connected with the response to climate change.
2. Organizations or individuals shall be responsible
to fulfill requirements for the environmental protection and response to
climate change during their production, trading and service provision as
stipulated in this Law and other relevant laws.
3. Ministries, quasi-ministerial organs and People’s
Committees at all administrative levels shall design and develop the action
plan for the environmental protection and response to climate change within
their area of competence.
4. The Ministry of Natural Resources and Environment shall
assist the Government in designing, implementing and providing guidelines for
the responses to climate change.
Article 40. Integration of main contents of responses to
climate change with the strategy, planning and proposal for socio-economic
development
1. Main contents of response to climate change must be
included in the strategy, planning, proposal for socio-economic development as
well as planning for industrial and sectoral development, which is applicable
to objects required to make a report on strategic environment assessment as
prescribed in Article 13 of this Law.
2. The integration of main contents of responses to climate
change into the strategy, planning and proposal for socio-economic development
as well as planning for industrial and sectoral development must rely on the
assessment of correlation of activities described in the strategy, planning and
proposal with the environment, climate change, and a range of measures to be
taken for the environmental protection and response to climate change.
Article 41. Management of greenhouse gas emissions
1. Management of greenhouse gas emissions shall be described
as follows:
a) Setting the national regulations on the inventorying of
greenhouse gases;
b) Taking action to reduce the harmful impact of greenhouse
gases in conformity with socio-economic conditions;
c) Managing the forest resources in a sustainable manner,
conserving and increasing forest carbon stock, protecting and fostering
ecosystems;
d) Examining and inspecting the compliance with regulations on
inventorying and reducing greenhouse gas emissions;
dd) Creating and developing carbon credit markets in the
country, and participating in carbon credit markets in the globe;
e) Entering into the international cooperation in an
effort to reduce greenhouse gases.
2. The Ministry of Natural Resources and Environment shall
direct and cooperate with relevant Ministries and industries in carrying out
the inventorying of greenhouse gases, compile a national report on the
management of greenhouse gas emission which meet the rigorous standards set out
in the international agreements to which the Socialist Republic of Vietnam is a
signatory.
Article 42. Management of ozone-depleting substances
1. Prioritize the introduction and implementation of policies
on and plans for management, mitigation and elimination of ozone-depleting
substances.
2. Prohibit the production, importation, temporary importation
and re-exportation as well as consumption of ozone-depleting substances in
uniformity with the regulations set out in the international agreements to
which the Socialist Republic of Vietnam is a signatory.
Article 43. Renewable energy development
1. Renewable energy refers to energy that comes from resources
such as water, wind, sunlight, geothermal heat, tides, waves, biological fuels
and other resources that can generate renewable energy.
2. Promote the production, importation and employment of
renewable energy-driven machinery, equipment and means of transport.
Article 44. Eco-friendly production and consumption
1. Agencies, organizations, family households or individuals
shall be responsible to manufacture and consume eco-friendly products and
services.
2. The Head of state budget-funded institutions shall bear
their responsibility for preferring eco-friendly products and services that
have been recognized as ecolabels under legal regulations.
3. The Ministry of Natural Resources and Environment shall
direct and cooperate with communications agencies in performing the
advertisement and promotion activities for such eco-friendly products and
services.
Article 45. Waste-to-energy process
1. Owner of manufacturing or business establishments must be
responsible for reducing, reusing and recycling wastes, and generating the
energy from wastes.
2. The Government shall provide preferential policies on the
mitigation, reuse and recycling of wastes, and generation of the energy from
wastes.
Article 46. Rights and responsibilities of the human
community for the response to climate change
1. Human community shall be vested with the right to provide
and request the provision of information about climate change issues, exclusive
of information specified in the list of state secret information.
2. Human community shall be responsible for participating in
activities relating to the response to climate change.
3. The regulatory agency in charge of climate change issues
shall bear responsibility for providing information and create events to raise
people's awareness of climate change as well as provide better supports to
human communities to get involved in activities relating to the response to
climate change.
Article 47. Development and application of technological
and scientific advances for the response to climate change
1. All activities relating to the study, transfer and
application of technological and scientific advances for the response to
climate change shall be given priority, including:
a) Developing a single scientific discipline or a combination
of scientific disciplines of the management, assessment, supervision and
prediction of impacts caused by climate change on the socio-economic growth,
environmental issues and community health;
b) Conduct basic and applied scientific investigation and
research; develop and transfer technological advances in reducing greenhouse
gases and coping with climate change; enhance the competitiveness of the
economy, key manufacturing industries; promote the development of low carbon
economy and green growth.
2. Agencies, organizations and manufacturing or business
establishment shall be responsible for conducting or engaging in scientific and
technological researches, transfer and application with the aim of responding
to the climate change.
Article 48. International cooperation in the response to
climate change
1. The State shall introduce policies on international
cooperation in attracting more investments, financial aids, develop and
transfer technologies, and enhance its competence in taking measures to respond
to the climate change with the aim of building a green economy in the future.
2. The Government shall regulate the roadmap and modality for
their participation in reducing global greenhouse gases in conformity with
socio-economic conditions and commitments made in the international agreements
to which the Socialist Republic of Vietnam is a signatory.
Chapter V
PROTECTION OF MARINE
AND ISLAND ENVIRONMENT
Article 49. General provisions on the protection of marine
and island environment
1. Strategy, planning and proposal for the socio-economic
development, national defense and security relating to sea and islands must
include environmental protection and response to climate change.
2. Waste sources discharged from mainland, islands and marine
activities must be controlled, prevented, mitigated and disposed in accordance
with laws.
3. Prevention and response to environmental emergencies that
take place on the sea and islands require the close cooperation between
regulatory bodies, rescue teams and other relevant entities.
4. Organizations or individuals operating on the sea
and islands must take the initiative in responding to environmental emergencies
and bear their responsibility for working with regulatory bodies and other
interested entities to respond to environmental emergencies that occur on the
sea and islands.
5. Strategy, planning and proposal for the extraction of
natural resources from marine zones, islands, wildlife sanctuaries, mangrove
forest, natural and island heritage sites must align with the strategy and
planning for environmental protection.
Article 50. Controlling and processing of marine and island
environment pollution
1. Waste substances discharged from the mainland to the seas
and derived from the sea and islands must be statistically reported, assessed
and subject to any measure to be taken to prevent, reduce and dispose them to
achieve accepted standards set out in the technical regulations on environment.
2. Oil, fat, drilling fluids, ballast water, chemicals and
other hazardous substances after being used for activities on the sea and
islands must be collected, stored, transported and disposed in accordance with
regulations on waste management.
3. Dumping and discharge of wastes on the marine zones and
islands must be based on the specific features and attributes of wastes and
must be permitted by the competent regulatory agencies.
4. Preventive and remedial measures against marine and
island environmental pollution must comply with International Agreements on sea
and islands to which the Socialist Republic of Vietnam is a signatory.
Article 51. Prevention of and response to marine and island
environmental emergencies
1. Organizations or individuals whose activities on
the sea and islands can pose a threat to causing environmental emergencies must
set up plan and prepare resources to prevent and respond to environmental
emergencies as well as send a report to regulatory agencies.
2. Ministries, quasi-ministerial agencies, Governmental organs
and provincial People’s Committees within their powers and jurisdiction must be
responsible for promptly alerting and notifying any marine environmental
emergency as well as take responsive and remedial measures.
Chapter VI
ENVIRONMENTAL
PROTECTION FOR WATER, LAND AND AIR
Section 1. ENVIRONMENTAL PROTECTION FOR RIVER WATER
Article 52. General provisions on the environmental
protection for river water
1. The environmental protection for river water is one of
basic requirements set out in the planning and proposal for extraction and
utilization of river water.
2. Waste discharges drained out to the river basin must be
managed to meet the accepted standards of river’s maximal load.
3. The quality of river water and sediments must be monitored
and assessed.
4. The environmental protection for the river basin must be
closely connected with the biodiversity conservation, river water extraction
and utilization.
5. Owners of manufacturing or business establishments, family
households and individuals must be responsible for reducing and disposing of
waste substances before being discharged to the river basin as stipulated by
laws.
Article 53. Processes for monitoring and controlling the
river-water environmental pollution
1. Make a statistical report, assess, mitigate and dispose of
wastes discharged to the river basin.
2. Carry out the periodical monitoring and assessment of the
quality of river water and sediments.
3. Investigate and assess the river’s maximal load; publicize
river sections or rivers that are no longer capable of loading waste
substances; determine the limited amount of wastes discharged to the river.
4. Control pollution conditions and improve the environmental
condition for contaminated river sections or rivers.
5. Conduct the trans-border monitoring and assessment of the
environmental quality of river water and sediments, and share necessary
information on the basis of complying with international laws and practices.
6. Develop and become involved in the initiative for the river
environmental protection.
7. Disclose the information about river water and sediment
environment to the organization specializing in the management, extraction and
utilization of river water.
Article 54. Responsibility of provincial People’s
Committees for the environmental protection for water derived from provincial
rivers
1. Disclose the information about waste discharges into
rivers.
2. Direct and arrange activities to prevent and control waste
discharges drained to the river.
3. Conduct the assessment of the river’s maximal load;
determine the limited amount of wastes discharged to the river; publicize river
sections or rivers that are no longer capable of loading waste substances.
4. Carry out the assessment of loss incurred by the
river-water environmental pollution and the control of such pollution
conditions.
5. Direct the formulation and development of the initiative
for the river environmental protection.
Article 55. Responsibility of the Ministry of Natural
Resources and Environment for the river-water environmental protection
1. Assess the quality of river water and sediments at
inter-provincial and trans-border rivers.
2. Investigate and assess the river’s maximal load, determine
the limited amount of waste discharges which corresponds to the objective of
using water and making the related information known to the public.
3. Issue and provide guidance for the implementation of
technical regulations on river-water and sediment environment.
4. Issue and provide guidance for the assessment of the
river’s maximal load and quota of sewage discharged to the inter-provincial
rivers, control the pollution condition and improve the environmental health
for contaminated river and river sections.
5. Arrange and direct activities that should be performed for
the purpose of the environmental protection for inter-provincial river water.
6. Conduct the assessment of the polluting waste discharges,
damaging levels and take measures to control the pollution condition for
inter-provincial rivers.
7. Make a final report on the information about the quality of
river water and sediments and send an annual report on this matter to the Prime
Minister.
8. Prepare and submit the initiative for the water environmental
protection for inter-provincial rivers to the Prime Minister to seek an
approval.
Section 2. ENVIRONMENTAL PROTECTION FOR OTHER SOURCES OF
WATER
1. The reserve and quality of lake, pond, canal and ditch
water sources must be investigated, assessed and protected for the purpose of
water moderation.
2. Lake,
pond, canal and ditch located in the urban and residential area must be
renovated and protected to meet the requirements set out in the planning.
3. Organizations or individuals do not allow to encroach upon
and illegally erect houses and structures on the water surface or near lake,
pond, canal and ditch; restrict the sand-filling of lake and pond in the urban
and residential area.
4. Provincial People’s Committees take responsibility
for investigating and assessing the reserve and quality of water as well as set
up plans for protection and moderation of water flows on lake, pond, canal and
ditch; formulate and develop the plan for renovation or relocation of
residential zones, clusters and structures built on the lake, pond, canal and
ditch that can cause environmental pollution and block the water current as
well as degrade the wetland environment and ruin urban landscapes.
Article 57. Environmental protection for water reservoirs
or lakes for the purpose of irrigation and hydropower
1. The construction, management and operation of water
reservoirs or lakes for the purpose of irrigation and hydropower must meet the
requirement for the environmental protection.
2. Do not encroach upon the land area and dump solid wastes,
lands and stones out to lakes; drain wastewater that has not been treated
properly as required by the technical regulations on environment into the lake.
3. The agency in charge of water reservoirs or lakes for the
purpose of irrigation and hydropower shall be responsible to conduct the
tri-monthly environmental monitoring for lake water.
Article 58. Environmental protection for underground water
1. Only allow to use permitted chemical in the approved list
released by the competent regulatory agency in course of prospecting and
extraction of underground water.
2. Take preventive measures against the pollution of
underground water through prospecting and extraction wells. Underground water
facilities must be responsible for environmental remediation at prospecting and
extraction sites. Abandoned exploration and extraction drill holes must be
refilled in compliance with proper technical process.
3. Production, trading and service provision facilities that
employ harmful chemicals and radioactive substances must apply preventive
measures against leakage and spread out to the underground water.
4. Chemical sheds, treatment facilities and landfills of
hazardous wastes must be developed to ensure technical safety, and apply
necessary measures to barricade harmful chemicals absorbed into the underground
water in accordance with legal regulations.
5. Organizations or individuals who contaminate the
underground water must assume their responsibility for dealing with the
underground water pollution.
Section 3. Protection of land environment
Article 59. General provisions on the environmental
protection for land
1. The environmental protection is one of fundamental requirements
for the management of land resource.
2. Sketch out the planning, proposal, project and action plan
for the land utilization must consider the impact on land environment and
introduce measures to protect the land environment.
3. Organization, family household and individual who is vested
with the land ownership is obliged to perform the land environmental
protection.
4. Organization, family household and individual who pollutes
the land environment shall be liable to carry out the treatment, renovation and
remediation of land environment.
Article 60. Management of land environmental quality
1. Land environmental quality must be investigated, assessed,
classified and managed as well as disclose relevant information to
organizations and individuals involved.
2. Wastes discharged into the land environment are not allowed
to exceed the land’s maximal load.
3. Land areas faced with the degradation must be confined to
being expanded, tracked and monitored.
4. Degraded land areas must be rehabilitated and restored.
5. The regulatory agency in charge of the environmental
protection must be responsible for investigating, assessing and disclosing
relevant information about the land environmental quality.
Article 61. Controlling of land environmental pollution
1. Elements that can pose a risk of polluting the land
environment must be defined, statistically reported, assessed and controlled.
2. The regulatory agencies in charge of the environmental
protection shall be responsible for taking necessary measures to control the
land pollution.
3. Manufacturing or business establishments shall be
responsible for applying measures to control the environmental pollution
thereat.
4. Land areas containing soil and mud exposed to the dioxin
agent which is derived from the herbicide used in the war time, remains of
plant pesticides and other hazardous substances must be investigated, assessed,
restricted and disposed in order to meet the required standards set out in the
environmental protection regulations.
5. Details of this Article shall be regulated by the
Government.
Section 4. PROTECTION OF AIR ENVIRONMENT
Article 62. General provisions on the aerial environment
protection
1. All waste gases discharged into the aerial environment must
be assessed and controlled.
2. Organizations or individuals involving in the harmful gas
emission that causes bad effects on the environment during their production,
trading and service provision activities must be responsible for reducing and
disposing of such waste gases in order to meet the accepted standards for
aerial environment as stipulated by laws.
Article 63. Management of aerial environment quality
The regulatory agency in charge of the environmental
protection shall take their responsibility for monitoring and assessing the
quality of aerial environment as well as disclose relevant information hereof;
where the air pollution is detected, a prompt alert and solution must be in
place.
Article 64. Controlling of aerial environment pollution
1. Waste gas emission source must be determined in respect of
amount, properties and features of these emissions.
2. The examination and approval of projects and operations
that emit waste gases must depend on the aerial environment’s maximal load and
ensure none of threats to human and environmental health.
3. Manufacturing or business establishments that are likely to
emit a large amount of industrial waste gases must register polluting sources,
measure, statistically report, inventory and set up database relating to the
amount, characteristics and properties of waste emissions.
4. Manufacturing or business establishments that are own the
large source of industrial emissions must install the automatic and non-stop
waste-gas monitoring equipment and must be licensed by the relevant competent authority.
5. Details of this Article shall be regulated by the
Government.
Chapter VII
ENVIRONMENTAL PROTECTION IN MANUFACTURING, TRADING, AND
SERVICE PROVISION
Article 65. Environmental
protection in economic zones
1. Every economic zone must have
infrastructure works serving environmental protection as prescribed by law.
2. Every management board of
economic zones must have a unit specialized in environmental protection.
3. The management boards of economic
zones shall cooperate with local regulatory bodies in organizing environmental
protection and shall report the environmental protection tasks in economic
zones as prescribed by law.
4. The Minister of Natural Resources
and Environment shall elaborate this Article.
Article 66. Environmental
protection in industrial parks, export-processing zones, and hi-tech zones
1. Management boards of industrial
parks, export-processing zones, and hi-tech zones shall cooperate with local
regulatory bodies in inspecting environmental protection tasks and report the environmental
protection tasks in their industrial parks, export-processing zones, and
hi-tech zones as prescribed by law.
2. Management boards of industrial
parks, export-processing zones, and hi-tech zones must have units specialized
in environmental protection.
3. Investors in industrial parks,
export-processing zones, and hi-tech zones must satisfy the requirements below:
a) The zoning and operations must be
suitable for environmental protection tasks;
b) The concentrated wastewater
collection and treatment system are conformable with environmental regulations;
there is an automatic and continuous wastewater monitoring system as well as
wastewater flow rate meters.
c) Appropriate units are assigned to
take charge of environmental protection tasks.
4. The Minister of Natural Resources
and Environment shall elaborate this Article.
Article 67. Environmental
protection in industrial complexes and concentrated business zones
1. Investors in industrial complexes
and concentrated business zones must perform the following environmental
protection tasks:
a) Formulate an environmental
protection plan;
b) Invest in a wastewater collection
and treatment system that meet environmental standards;
c) Carry out environmental
monitoring as prescribed by law;
d) Assign employees in charge of
environmental protection.
2. Management boards of concentrated
business zones shall perform the environmental protection tasks below:
a) Formulate an environmental
protection plan;
b) Invest in a wastewater and solid
waste collection and treatment system that meet environmental standards;
c) Assign employees in charge of
environmental protection.
3. The People’s Committees of districts are obliged
to:
a) Inspect the formulation and
implementation of environmental protection plans in industrial complexes and
concentrated business zones;
b) Submit reports on environmental
protection in industrial complexes and concentrated business zones to competent
authorities.
4. The Minister of Natural Resources
and Environment shall elaborate this Article.
Article 68. Environmental
protection in manufacturing and business establishments
1. Manufacturing and business
establishments are obliged to:
a) Collect and treat wastewater in
accordance with environmental standards;
b) Collect, classify, store, treat,
and discharge solid waste in accordance with law;
c) Minimize, collect, treat dust and
exhaust gases in accordance with law; ensure no leakage and discharge of
noxious gases into the environment; limit noise, vibration, light and heat
emission that negatively affects the surrounding environment and employees;
d) Provide sufficient resources and
equipment for prevention and response to environmental emergencies;
dd) Formulate and implement
environmental protection plans;
2. Manufacturing establishments or
warehouses must ensure that there are no negative impacts on residential areas
if they:
a) Have inflammable and/or explosive
substances;
b) Have radioactive substances or
strongly radiating substances;
c) Have substances that are harmful
to humans and animals;
d) Emit dust, smell, noise that
negatively affect human health;
dd) Cause pollution to water
sources.
3. Manufacturing and business
establishments that produce a large a mount of waste that is likely to
seriously affect the environment must specialized units or employees
specialized in environmental protection; the environment management systems of
which must be certified as prescribed by the government.
4. Owners of manufacturing and
business establishments are responsible for fulfilling the environmental
protection requirements in Clauses 1, 2, and 3 of this Article and relevant
regulations of law.
Article 69. Environmental
protection in agricultural production
1. Every entity that produces,
imports, sells, and/or uses pesticides and veterinary medicines must comply
with environmental protection regulations in Clause 1 and Clause 2 Article 78
of this Article.
2. Expired fertilizers, products for
breeding environment remediation; containers of fertilizers, pesticides and
veterinary medicine must be treated after use in accordance with waste
management regulations.
3. Every concentrated breeding zone
must have an environmental protection plan and:
a) Ensure environmental hygienic of
the residential areas;
b) Collect, treat wastewater and
solid wastes in accordance with waste management regulations;
c) Periodically clean the farms,
pens to prevent, and response to epidemics;
d) Deal with dead animals in
accordance with regulations on hazardous waste management and preventive
medicine.
Article
70. Environmental protection in trade villages
1. Every trade villages are obliged
to:
a) Have an environmental protection
plan;
b) Have infrastructure works for
collecting, classifying, storing, treating, and discharging wastes in
accordance with environmental standards;
c) Has an autonomous unit in charge
of environmental protection.
2. Manufacturing establishments
involved in the trades encouraged by the government in trade villages are
obliged to:
a) Formulate and implement
environmental protection plans as prescribed by law;
b) Take measures to minimize noise,
vibration, light, dust, heat, exhaust gases, wastewater; tackle pollution on
the spot; collect, classify, store, and treat solid wastes as prescribed by
law.
3. Manufacturing establishments
other than those mentioned in Clause 2 of this Article are obliged to:
a) Comply with regulations in Clause
1 Article 68 of this Law;
b) Comply with the plans for
relocation or trade conversion made by competent authorities.
4. The People’s Committees of
communes that have trade villages are obliged to:
a) Formulate and implement
environmental protection plans in local trade villages;
c) Provide instructions on operation
of autonomous units in charge of environmental protection in trade villages;
c) Submit annual reports on
environmental protection in trade villages to the People’s Committee of the
district.
5. The People’s Committees of
districts that have trade villages are obliged to:
a) Direct and inspect environmental
protection in local trade villages;
b) Submit annual reports on
environmental protection in trade villages to the People’s Committee of the
province.
6. The People’s Committees of
provinces that have trade villages are obliged to:
a) Attach environmental protection
to development and renovation of trade villages;
b) Provide funding for environmental
protection in trade villages;
c) Direct and organize assessment of
pollution levels and deal with environmental pollution in local trade villages;
d) Direct the development of
wastewater collection and treatment systems; gathering sites for conventional
solid wastes and hazardous wastes produced by trade villages.
dd) Make planning for trade villages
complexes; move establishments causing serious environmental pollution from
residential areas.
7. The government shall elaborate
this Article.
Article 71. Environmental
protection in aquaculture
1. Every entity that produces,
imports, and/or sells aquacultural medicines or chemicals must comply with
environmental protection regulations and relevant regulations of law.
2. Do not use aquacultural medicines
or chemicals that are expired or not on the list of permissible substances in
aquaculture.
3. Expired aquaculture medicines and
chemicals; used containers of aquaculture medicines and chemicals, mud and feed
that deposit while cleaning must be collected and treated in accordance with
waste management regulations.
4. Concentrated aquaculture zones
must be conformable with planning and satisfy the following requirements:
b) Wastes are collected and treated
in accordance with law;
b) The environment is remedied after
aquaculture is terminated;
c) Environmental hygiene condition
and prevention of aquacultural epidemics are ensured; no harmful chemicals or
deposits are used.
5. The concentrated aquaculture zone
is not built on an alluvial ground that is forming an estuary.
6. Mangrove forests are not
destroyed to serve aquaculture.
Article 72. Environmental
protection in hospitals and medical facilities
1. Hospitals and medical facilities
are obliged to:
a) Collect and treat medical
wastewater in accordance with environmental standards;
b) Classify solid biomedical waste
at source; collect, transport, store, and treat medical solid waste in
accordance with environmental standards;
c) There are plans and equipment for
prevention and response to environmental emergencies;
d) Biomedical wastes must be
preliminarily treated to eliminate pathogens that are likely to spread before
wastes are stored, treated, or destroyed at a gathering site.
dd) Exhaust gases are treated in
accordance with environmental standards;
2. Radiation facilities and medical
equipment using radioactive substances must comply with regulations of law on
radiation safety and nuclear safety.
3. Investors in hospitals and
medical facilities shall provide sufficient funding to build sanitary works,
waste collection, storage, and treatment systems that satisfy environmental
protection requirements.
4. Heads of hospitals and medical
facilities are responsible for fulfilling the environmental protection
requirements in Clauses 1, 2, and 3 of this Article and relevant regulations of
law.
Article 73. Environmental
protection in construction
1. Construction planning must comply
with regulations on environmental protection.
2. Waste treatment works must be
included in the construction design and budget of the construction of
manufacturing and business establishments that produce wastes negatively impact
the environment.
3. Construction must satisfy the
following environmental protection requirements:
a) Measures are taken to ensure that
the construction sites in residential areas do not produce dust, heat, noise,
vibration, and light beyond environmental standards;
b) Building materials are
transported with suitable vehicles that ensure no leakage or environmental
pollution;
c) Solid wastes and other wastes are
collected and treated in accordance with environmental standards.
Article 74. Environmental
protection in transport
1. Traffic planning must comply with
regulations on environmental protection.
2. Motor vehicles must be certified
as conformable with environmental standards by registry authorities before they
are put into operation.
3. Vehicles used for transporting
raw materials and wastes must be covered while they are using public roads in
order to avoid leakage and pollution.
4. Organizations and individuals
involved in transport of dangerous goods must have qualifications in
environmental protection as prescribed by law.
5. The transport of goods at risk of
environmental emergencies must satisfy the following requirements:
a) Specialized equipment and
vehicles are used to ensure no leakage or discharge;
b) A license to transport is issued
by a competent authority;
c) The route and time are
conformable with the license.
Article 75. Environmental
protection in goods import and transit
1. Machinery, equipment, vehicles,
raw materials, fuel, chemicals, and goods imported or in transit must satisfy
environmental protection requirements.
2. The following machinery,
equipment, vehicles, raw materials, fuel, chemicals, and goods are banned from
import:
a) Machinery, equipment, and
vehicles that fail to comply with environmental protection requirements;
b) Machinery, equipment, and
vehicles that are used and intended to be disassembled, except for the case in
Clause 3 of this Article;
c) Raw materials, fuel, chemicals,
and goods on the list of goods banned from import;
d) Machinery, equipment, and
vehicles contaminated with radioactive substances, bacteria, and other
poisonous substances that have not been cleaned or cannot be cleaned;
dd) Food, food ingredients, food
additives, food containers that are expired or not conformable with food safety
regulations;
e) Medicines, ingredients of
medicines used for human, veterinary medicines, pesticides that are expired or
not conformable with food safety regulations.
3. The import of used ships must
comply with environmental standards. The Government shall specify the
permissible importers and conditions for importing, disassembling used ships.
Article 76. Environmental
protection during import of scrap
1. Scrap imported into Vietnam must
satisfy environmental standards and on the list of permissible scrap materials
compiled by the Prime Minister.
2. Scrap importer must:
a) Have separate warehouses and
areas that meet environmental protection requirements for gathering scrap;
b) Have technologies and equipment
that meet environmental protection requirements for recycling scrap and
treating impurities in scrap.
3. Scrap importers are obliged to:
a) Only import scrap as raw
materials;
b) Impurities in scrap must be
treated in accordance with environmental standards and must not be given or
sold;
c) Scrap that is fails to meet
environmental standards must be re-exported. Otherwise, they must be treated in
accordance with regulations of law on waste management;
d) Deposits shall be paid to import
scrap as prescribed by the Government.
4. The People’s Committees of provinces shall:
a) Carry out inspections, find and
stop violations against regulations of law on imported scrap;
b) Submit annual reports to the
Ministry of Natural Resources and Environment on import and use of scrap and
environmental issues pertaining to imported scrap locally.
Article 77. Environmental
protection during festivals and in the tourism industry
1. Every entity that manages or
operates tourist attractions, resorts, and lodging establishments must:
a) Post the regulations on
environmental protection at the tourist attractions and provide instructions;
b) Adequately and rationally install
sanitary facilities and waste collection systems;
c) Appoint employees in charge of
environmental hygiene.
2. Visitors to tourist attractions,
lodging establishments, and festivals must:
a) Comply with the regulations on
environmental protection at the tourist attractions or lodging establishments;
b) Discard wastes properly;
c) Keep public hygiene;
d) Not to infringe upon the
landscape, relics and animals at the tourist attractions or lodging
establishments.
Article 78. Environmental
protection with regard to chemicals, pesticides, and veterinary medicines
1. Every entity that produces,
imports, sells, uses, transports, stores, transfers, and/or processes
chemicals, pesticides, and/or veterinary medicines must comply with
environmental protection regulations and relevant regulations of law.
2. Chemicals, pesticides, and
veterinary medicines with high toxicity, stability, likely to spread or
agglomerate in the environment and negatively impact the environment and human
health must be registered, managed, assessed, and processed in accordance with
law.
3. The Minister of Natural Resources
and Environment shall take charge and cooperate with the Minister of Industry
and Trade and the Minister of Agriculture and Rural development in elaborating
this Article.
Article 79. Environmental
protection by research institutes and laboratories
1. Research institutes and
laboratories must:
a) Collect and treat medical
wastewater in accordance with environmental standards;
b) Classify solid wastes at sources;
collect and treat solid wastes in accordance with regulations of law on solid
waste management;
c) Process, destroy test specimens
and chemicals in accordance with environmental standards;
d) Make plans and provide equipment
for prevention and response to environmental emergencies.
2. Every research institute and
laboratory that uses radioactive substances must comply with regulations of law
on radiation safety and nuclear safety.
3. Heads of research institutes and
laboratories are responsible for fulfilling the environmental protection
requirements in Clause 1 and Clause 2 of this Article and relevant regulations
of law.
Chapter VIII
ENVIRONMENTAL PROTECTION IN URBAN AREAS AND RESIDENTIAL
AREAS
Article 80. Environmental
protection requirements applied to urban areas and residential areas
1. Urban environmental protection
must ensure sustainable development associated with sustention of natural,
cultural, historical elements and the proportion of green space according to
planning.
2. The infrastructural works serving
environmental protection are uniform and conformable with the urban planning
approved by a competent authority.
3. There are adequate equipment,
vehicles and places for classifying wastes at source, collecting, gathering
domestic solid wastes, and receiving wastes classified by households therein.
4. Ensure urban landscape,
environmental hygiene; public sanitation works are installed.
5. Investors in concentrated
residential area projects and apartment buildings shall fulfill the
environmental protection requirements prescribed in Clause 2 and Clause 3 of
this Article.
6. Scattered residential areas must
have places and system for collecting and treating wastes, clean water supply
systems, and activities to develop a green, clean, and safe environment.
Article 81. Environmental
protection in public places
1. Organizations, households, and
individuals are responsible for complying with environmental protection
regulations and keep public hygiene; classify wastes and put them into public
trashcans or permissible dumpsites; do not let domestic animals spoil public
hygiene.
2. Managers of parks, amusement
parks, tourist resorts, markets, train stations, bus stations, ports, ferry
terminals, and other public places shall:
a) Appoint employees to collect
wastes and clean the environment under their management;
b) Provide public sanitation works;
equipment and vehicles for collecting wastes to ensure environmental hygiene;
c) Post public hygiene regulations.
Article 82. Environmental
protection requirements applied to households
1. Minimize, classify wastes at
source; collect and take wastes to proper places.
2. Minimize, process, and discharge
domestic sewages at proper places.
3. Do not emit exhaust gases, make
noises, vibration, and other impacts beyond the limits in environmental
standards, which cause negative impacts to the local community.
4. Pay environmental protection fees
sufficiently and punctually; pay fees for wastes collection and waste treatment
services as prescribed by law;
5. Participate in public
environmental protection tasks.
6. The sanitation works and breeding
farms must ensure hygiene and safety.
Article 83. Autonomous
environmental protection organizations
1. Communities are encouraged by the
State to establish local autonomous environmental protection organizations.
2. Autonomous environmental protection organizations
are established and operated voluntarily in accordance with law to perform the
following tasks:
a) Urge households and individuals
to comply with regulations on hygiene and environmental protection;
b) Organize the collection,
gathering, and treatment of wastes;
c) Keep environmental hygiene in the
residential area and public places;
d) Formulate and organize the
implementation of environmental protection commitments; encourage the people to
give up unsound customs and bad habits that are harmful for health and the
environment;
d) Participate in supervision of
adherence to regulations of law on environmental protection of local
manufacturing and business establishments.
3. The People’s Committees of communes shall specify the
organization, operation of autonomous environmental protection organizations,
and facilitate their operation.
Article 84. Environmental
protection during burial and cremation
1. Every burial and cremation site
must:
a) Comply with the planning;
b) Its location and distance satisfy
the requirements with regard to environmental hygiene and landscape of the
residential area;
c) Not pollute water sources and the
surroundings.
2. Dead bodies and remains shall be
treated, transported, and buried in accordance with environmental hygiene
requirements.
3. The burial of people who die of
dangerous epidemics shall comply with regulations of the Ministry of Health.
4. Provider of burial services must comply with
regulations of law on environmental protection and infection control.
5. The State recommends that
cremation and burial be carried out in cemeteries according to planning and
unsound customs that cause environmental pollution be given up.
Chapter IX
WASTE MANAGEMENT
Section 1. GENERAL REGULATIONS ON
WASTE MANAGEMENT
Article 85. Requirements applied
to waste management
1. Wastes must be managed throughout
the process of generation, minimization, classification, collection, transport,
recycling, and destruction.
2. Conventional wastes that contain
hazardous wastes beyond permissible limits and cannot be classified shall be
managed in accordance with hazardous waste.
3. The Government shall elaborate
regulations on waste management.
Article 86. Minimization and
recycling of wastes
1. Wastes that can be recycled and
used as energy must be classified.
2. Owners of manufacturing and
business organizations that produce wastes are responsible for minimizing,
recycling wastes, or transfer wastes to the organizations capable of recycling
such wastes.
Article 87. Collecting and
treating discarded products
1. Owners manufacturing and business
establishments must collect and treat discarded products.
2. Users are responsible for taking
discarded products to proper places.
3. The People’s Committees and environment authorities
shall facilitate manufacturing and business establishments to collect discarded
products.
4. Discarded products shall be
collected and treated in accordance with decisions of the Prime Minister.
Article 88. Responsibilities of
the People’s Committees for waste management
The People’s Committees, within the area of their
competence, are obliged to:
1. Formulate, approve and implement
planning for local waste treatment infrastructure.
2. Invest in and operate public works serving local
waste management.
3. Introduce incentive policies to
support waste management as prescribed by law.
Article 89. Responsibilities of
investors in industrial parks, export-processing zones, hi-tech zones for waste
management
1. Provide sufficient areas for
gathering wastes under their management.
2. Develop and operate concentrated
sewage treatment systems.
Section 2. MANAGEMENT of
HAZARDOUS WASTES
Article 90. Document compilation,
registration and licensing of hazardous waste treatment
1. Every entity that discharges
hazardous wastes shall compile documents about hazardous wastes and apply for
registration with an environment authority.
2. Only capable and licensed
entities may process hazardous wastes.
3. The Ministry of Natural Resources
and Environment shall compile a list of hazardous wastes and issue licenses to
process hazardous waste.
Article 91. Classification,
collection, and storage of hazardous wastes prior to processing
1. Every entity that discharges
hazardous wastes must collect, store, and process hazardous wastes in
accordance with environmental standards; if the entity that discharges
hazardous wastes fails to process hazardous wastes in accordance with
environmental standards, hazardous wastes shall be transferred to an entity
licensed to process hazardous wastes.
2. Hazardous wastes must be kept in
specialized containers that ensure no negative impacts on humans and the
environment.
Article 92. Transport of
hazardous wastes
1. Hazardous wastes must be
transported with suitable vehicles and equipment which are specified in the
license to process hazardous wastes.
2. Hazardous wastes transported to
another country must comply with the international agreements to which the
Socialist Republic of Vietnam is a signatory.
Article 93. Conditions of
facilities that process hazardous wastes
1. Its location is approved by a
competent authority.
2. Its distance ensures no negative
impacts on the environment and human.
3. There are technologies and
specialized equipment for storing and processing hazardous waste in accordance with
environmental standards.
4. There are constructions and
measures for environmental protection.
5. There are managers granted
certificates and qualified technicians.
6. There are procedures for safe
operation of specialized equipment.
7. There is an environmental
protection plan.
8. There is a plan for environmental
remediation after shutdown.
9. There is an environmental impact
assessment report approved by the Ministry of Natural Resources and
Environment.
Article 94. Waste management
contents in environmental protection planning
1. Assessment and forecast for
sources and amount of hazardous wastes.
2. Ability to collect and classify
at source.
3. Ability to recycle.
4. Locations and scale of the
gathering, recycling, and processing sites.
5. Hazardous waste processing
technologies.
6. Resources
7. Schedule.
8. Task assignment.
Section 3. MANAGEMENT
CONVENTIONAL SOLID WASTES
Article 95. Responsibility to
classify conventional solid wastes
Owners of manufacturing and business
establishments, organizations, households, and individuals that produce
conventional solid wastes are responsible for classifying them at source to
facilitate their recycling and processing.
Article 96. Collection and
transport of conventional solid wastes
1. Conventional solid wastes shall
be collected, stored, and transported with specialized vehicles and equipment.
2. Environment authorities shall
organize the collection, storage, and transport of conventional solid wastes
locally.
Article 97. Recycling and
treating conventional solid wastes
Owners of manufacturing and business
establishments, organizations, households, and individuals that produce
conventional solid wastes are responsible for recycling and treating them. If
conventional solid wastes cannot be recycled or treated, they shall be sent to
the organizations capable of recycling such or processing such wastes.
Article 98. Conventional solid
waste management contents in environmental protection planning
1. Assessment and forecast for
sources and amount of conventional solid wastes.
2. Ability to collect and classify
at source.
3. Ability to recycle.
4. Location and scale of the
gathering, recycling, and processing sites.
5. Conventional solid waste
treatment technologies
6. Resources
7. Schedule.
8. Task assignment.
Section 4. WASTEWATER MANAGEMENT
Article 99. GENERAL REGULATIONS
ON WASTEWATER MANAGEMENT
1. Wastewater shall be collected and
treated in accordance with environmental standards.
2. Wastewater that contains
hazardous elements beyond the permissible limits shall be managed in accordance
with regulations on hazardous wastes
Article 100. Collection and
treatment of wastewater
1. Every urban area and concentrated
residential area must have a system for separating rainwater and wastewater.
2. Wastewater produced by
manufacturing and business establishments must be collected and treated in
accordance with environmental standards.
3. Waste sludge from wastewater
treatment systems shall be managed in accordance with regulations of law on
solid waste management; waste sludge that contains hazardous wastes beyond
permissible limits and shall be managed in accordance with hazardous wastes.
Article 101. Sewage treatment
system
1. The following entities must have
sewage treatment systems:
a) Concentrated manufacturing/business
zones;
b) Trade villages complexes;
c) Manufacturing and business
establishments that are not connected to any concentrated sewage treatment
systems.
2. Every sewage treatment system
must:
a) Have a technology process
suitable for the type of wastewater that needs treating;
b) Have a treatment capacity that is
sufficient for the amount of wastewater produced;
c) Treat wastewater according to
environmental standards;
d) Has the wastewater discharge
outlets located at positions convenient for inspection and supervision;
dd) Be operated regularly.
3. The manager of the sewage
treatment system shall carry out periodic monitory before and after the
treatment. Monitory data shall be kept as the basis for sewage treatment system
inspection.
4. Manufacturing and business
establishments that produce a large amount of wastewater that is likely to harm
the environment must carry out automatic environmental monitoring send data to
competent authorities as prescribed by the Ministry of Natural Resources and
Environment.
Section 5. MANAGEMENT AND CONTROL
OF DUST, EXHAUST GASES, NOISE, VIBRATION, LIGHT, AND RADIATION
Article 102. Management and
control of dust and exhaust gases
1. Any entity that produces dust
and/or exhaust gases during their business operation shall take measures to
control and treat dust/exhaust gases in accordance with environmental
standards.
2. Vehicles, machinery, equipment,
constructions that produce dust and/or exhaust gases must have filters, covers,
or other parts to minimize exhaust gases and reduce dust in accordance with
environmental standards.
3. Dust and exhaust gases that
contain hazardous elements beyond the permissible limits shall be managed in
accordance with regulations on hazardous wastes.
Article 103. Management and
control of noise, vibration, light, and radiation
1. Any entity that creates noise,
vibration, light, and/or radiation must take measures to control and treat them
in accordance with environmental standards.
2. Manufacturing and business
establishments in residential areas that create noise must take measures to
minimize them to avoid affecting the local community.
3. Managers of the routes with heavy
traffic that produces noise, vibration, light, and radiation must take measures
to minimize them in accordance with environmental standards.
4. It is prohibited to manufacture,
import, transport, sell, and use firecrackers. The Prime Minister shall decide
the manufacture, import, transport, sale, and use of firework.
Chapter X
POLLUTION CONTROL, ENVIRONMENTAL REMEDIATION AND
IMPROVEMENT
Section 1. ACTIONS AGAINST
ESTABLISHMENTS CAUSING SERIOUS ENVIRONMENTAL POLLUTION
Article 104. Actions against
establishments causing serious environmental pollution
1. An establishment causing serious
environmental pollution means any establishment that discharges wastewater,
exhaust gases, dust, solid wastes, noise, vibration, and other pollutants
beyond the permissible limits to a serious extent.
2. Establishments causing serious
environmental pollution shall incur penalties for administrative violations, be
compelled to take measures for pollution removal, and be put on the list of
establishments causing serious environmental pollution.
3. Establishments causing serious
environmental pollution shall be determined annually in the following order:
a) The People’s Committees of provinces shall
cooperate with Ministries, ministerial agencies, Governmental agencies in
compiling lists of local establishments causing environmental pollution, except
for the case in Point b of this Clause, and proposing remedial measures, then
submit them to the Ministry of Natural Resources and Environment; the Ministry
of Natural Resources and Environment shall request the Prime Minister to make a
decision;
b) The Ministry of National Defense
and the Ministry of Public Security shall cooperate with the People’s
Committees of provinces in making lists of national defense and security
establishments causing serious environmental pollution, proposing remedial
measures, and submit them to the Ministry of Natural Resources and Environment;
The Ministry of Natural Resources and Environment shall request the Prime
Minister to make a decision.
c) The Ministry of Natural Resources
and Environment shall cooperate with other Ministries, ministerial agencies,
Governmental agencies, and the People’s Committee of the provinces in
submitting the lists of establishments causing serious environmental pollution
and proposed remedial measures;
d) The decisions to take actions
against establishments causing serious environmental pollution shall be
notified to the People’s Committees of the districts and communes where such
establishments are located, and announced to the local community for the
purpose of inspection and supervision.
4. Responsibility for taking actions
against establishments causing serious environmental pollution:
a) The People’s Committees of provinces shall
cooperate with Ministries, ministerial agencies, and Governmental agencies in
taking actions against local establishments causing serious environmental
pollution;
b) The Ministry of National Defense
and the Ministry of Public Security shall cooperate with the People’s
Committees of provinces in taking actions against national defense and security
establishments causing serious environmental pollution;
c) Ministries, ministerial agencies,
and Governmental agencies shall cooperate with the People’s Committees of
provinces in taking actions against local establishments causing serious
environmental pollution;
d) Ministries, ministerial agencies,
Governmental agencies, the People’s Committees of provinces shall submit annual
reports on actions against establishments causing serious environmental
pollution to the Ministry of Natural Resources and Environment.
5. The government shall elaborate
this Article.
Section 2. ENVIRONMENTAL
REMEDIATION
Article 105. General regulations
on environmental pollution reduction and classification of polluted areas
1. Pollution reduction means
minimization of impacts of pollution on the environment and humans, improvement
of environmental quality in the polluted area.
2. Polluted areas shall be
classified as pollution, serious pollution, and particularly serious pollution
Article 106. Pollution reduction
and environmental remediation
1. Determination of a polluted area
includes:
a) Determine the boundary of the
polluted area;
b) Determination of the pollution
level and risk assessment;
c) Determination or causes and
accountability or relevant parties;
d) Solutions for pollution removal
and environmental remediation;
dd) Determination of damage as the
basis for claiming compensation.
2. Environment improvement and
remediation plan of mining projects must be approved before such projects are
put into operation; environmental remediation deposit shall be paid. An
environment improvement and remediation plan consists of:
a) Ability, scale, and level of
environmental pollution;
b) Risk assessment;
c) Feasible solution for
environmental remediation;
d) Plan and budget for environmental remediation.
Article 107. Pollution reduction
and environmental remediation
1. Organizations and individuals are obliged to:
a) Find a feasible solution for
environmental remediation when executing projects likely to cause environmental
pollution;
b) Take measures for pollution
reduction and environmental improvement when causing environmental pollution;
c) If environmental pollution is
caused by multiple entities without responsibility attributed, the environment
authority shall cooperate with relevant entities to attribute responsibility
for pollution reduction and environmental remediation of each entity.
2. The People’s Committee of the province shall
determine local polluted areas and submit annual reports the Ministry of
Natural Resources and Environment.
3. The Ministry of Natural Resources
and Environment is obliged to:
a) Establish criteria for
classifying polluted areas;
b) Provide instructions on
environmental remediation and improvement; inspect and verify completion of
pollution reduction and environmental remediation;
c) Carry out surveys, assessments of
pollution reduction and environmental remediation in interprovincial polluted
areas.
4. If the environment is polluted
due to natural disaster or an unknown cause, competent authorities shall
mobilize forces to carry out pollution reduction and environmental remediation.
Section 3. Preventing and
responding to environmental emergencies
Section 108. Preventing
environmental emergencies
1. Owners of manufacturing
establishments, business establishments or vehicles at risk of causing
environmental emergencies shall take the following measures:
a) Make plans for preventing and
responding to environmental emergencies;
b) Install equipment and devices
serving response to environmental emergencies;
c) Provide training for intramural
environmental emergency response teams;
d) Carry out regular inspections and
implement safety measures as prescribed by law;
d) Take measures to eliminate the
causes of environmental emergencies when finding any sign of environmental
emergencies.
2. Ministries, ministerial agencies,
the People’s Committees, within the area of their competence, shall:
a) Carry out surveys and assessments
of the risk of environmental emergencies nationwide and in each
region/administrative division;
b) Make plans for environmental
emergency prevention, warning, and response;
c) Make annual and 5 years plans for
environmental emergency prevention and response.
Article 109. Environmental
emergency response
1. Responsibility for environmental
emergency response
a) Any entity that causes an
environmental emergency shall take emergency measures to ensure safety of
people and property; rescue people and property, then notify the local
government or a local agency specialized in environmental protection;
b) The head of the establishment and
administrative division where the environmental emergency occurs shall promptly
mobilize forces, equipment and vehicles to emergency response;
c) If an environmental emergency
occurs to many establishments or administrative divisions, the heads of such
establishments and administrative divisions shall cooperate with each other in
emergency response;
d) If the situation is beyond the capability of them,
the heads shall request the superior agency to mobilize forces from other
establishments or administrative divisions to environmental emergency response;
the requested establishments or administrative divisions shall implement the
emergency response measures within their competence.
2. Response to particularly serious
environmental emergencies shall be carried out in accordance with regulations
of law on state of emergencies.
3. Manpower, supplies, and vehicles
for environmental emergency response shall be reimbursed in accordance with
law.
4. This Law and relevant regulations
of law shall apply to responsibility for paying compensation for environmental
emergencies.
Article 110. Developing
environmental emergency response forces
1. Manufacturing and business
establishments shall improve their ability to prevent and respond to
environmental emergencies.
2. The State shall develop environmental
emergency response forces and environmental emergency warning system.
3. Investment in emergency response
services is encouraged.
Article 111. Determination of
damage caused by environmental emergencies
1. The investigation into damage
caused by an environmental emergency shall deal with:
a) Determine the boundary of the
area polluted because of the environmental emergency;
b) Pollution levels;
c) Causes and accountability or
relevant parties;
d) Measures for pollution reduction
and environmental remediation;
dd) Damage to the environment as the
basis for claiming compensation.
2. Responsibility for investigation
into damage caused by environmental emergencies:
a) The People’s Committee of the province shall carry
out investigation into damage caused by local environmental emergencies;
b) The Ministry of Natural Resources
and Environment shall instruct the People’s Committees of provinces to
determine the scale of pollution and damage caused by interprovincial
environmental emergencies.
3. Investigation results must be
announced.
Article 112. Responsibility for
environmental remediation
1. Any entity that causes an
environmental emergency is obliged to:
a) Comply with the requests of
environment authorities during the investigations to determine the pollution
scale, levels, and remedial measures.
b) Immediately take measures to
prevent the pollution sources, stop the pollution from spreading and affecting
local people’s health;
c) Take measures for pollution
reduction environmental remediation at the request of environment authorities.
d) Pay damages in accordance with
this Law and relevant regulations;
dd) Submit reports on environmental
emergency response and environmental remediation to environment authorities.
2. If the environmental emergency is caused by
multiple entities and they fail to reach an agreement on responsibility, the
environment authority shall cooperate with relevant entities to attribute
responsibility for pollution reduction and
environmental remediation of each entity.
3. If the environmental emergency is
caused by a natural disaster or an unknown cause, competent authorities shall
mobilize forces to carry out pollution reduction and environmental remediation.
4. If an environmental emergency
occurs in multiple provinces, the Prime Minister shall direct the pollution
reduction and environmental remediation.
Chapter
XI
ENVIRONMENTAL TECHNICAL REGULATIONS,
ENVIRONMENTAL STANDARDS
Article 113. Environmental
technical regulation system
1. Technical regulations on
surrounding environment quality include:
a) Environmental technical
regulations on soil
b) Environmental technical
regulations on surface water and underground water;
c) Environmental technical
regulations on sea water;
d) Environmental technical
regulations on air;
đ) Environmental technical
regulations on sound, light, and radiation;
e)
Environmental technical regulations on noise, vibration;
2. Technical regulations on waste:
a) Technical regulations on
wastewater from industries, services, breeding, aquatic production, domestic,
traffic and other activities;
b) Technical regulations on exhaust
gas from mobile and fixed sources;
c) Technical regulations on
hazardous waste
3. Other technical regulations
Article 114. Principles of
constructing environmental technical regulations
1. Meeting goals of environmental
protection; preventing, remedying environmental pollution, degradation and
problem.
2. Being feasible, suitable for
socio-economic development, technological level of the country, and meeting
requirements of international economic integration.
3. Being suitable for
characteristics of area, regions and production industries
4. Local technical regulations must
be stricter than national technical regulations or meet requirements of
specifically designed environmental management.
Article 115. Symbols of
environmental technical regulations
1. National environmental technical
regulations, symbolized as QCVN, ordinal number MT: Issuing year/BTNMT.
2. Local environmental technical
regulations, symbolized as QCĐP, ordinal number MT:
Article 116. Requirements for
technical regulations on surrounding environment quality
1. Technical regulations on
surrounding environmental quality which regulates the threshold limit value of
the environmental factor suitable for use of environmental components include:
a) Minimum value of the
environmental factors that ensures life and normal growth of human and living
beings;
b) Permissible maximum value of the
environmental factors that serves not to cause any negative effect on life and
normal growth of human and living beings.
2. Technical regulations on
surrounding environmental quality must provide guidance on standard method for
measuring, sampling and analysis to determine environmental factors.
Article 117. Requirements for
technical regulations on waste
1. Technical regulations on waste
must specifically regulate maximum amount of pollutants contained in the waste
ensuring that they can not cause environmental pollution.
2. Amount of pollutants contained in
the waste is determined by relying on the nature of toxicity, quantity of
generated waste and loading capacity of the waste receiving environment.
3. Technical regulations on waste
must provide guidance on standard method for sampling, measurement and analysis
to determine amount of pollutants.
Article 118. Construction and
promulgation of environmental technical regulations
1. Authorities, sequences and
procedures of constructing, promulgating and endorsing compatibility of
national, local environmental technical regulations must follow regulations of
the law on technical standard and regulations.
2. The Minister of Natural Resources
and Environment promulgate national technical regulations on environment.
3. People’s committees of provinces
promulgate local technical regulations on environment.
Article 119. Environmental
standards
1. Environmental standards include
standards on surrounding environmental quality, waste and other standards.
2. Whole or part of the
environmental technical regulations becomes compulsorily applicable when it is
cited from legal documents and environmental technical regulations.
3. Applicable entity standards
within management of the standard promulgating agency.
Article 120. Construction,
appraisal and promulgation of environmental standards
1. Authorities, sequence and
procedures of constructing, appraising environmental standards must follow
regulations of the law on technical standards and regulations.
2. The Minister of Natural Resources
and Environment shall organize construction of the draft and propose appraisal
of the national environmental standards.
3. The Minister of Science and
Technology shall organize appraisal of the draft and promulgate the national
environmental standards.
4. Agencies and organizations shall
organize construction and promulgation of the entity standards of the law on
technical standards and regulations.
Chapter XII
ENVIRONMENTAL MONITORING
Article 121. Environmental
monitoring
1. Environmental protection agencies
and organizations organize the implementation of surrounding environmental
monitoring.
2. The Ministry of Natural Resources
and Environment promulgates the list and guides the implementation of emission
monitoring with respect to production, business and service entities at risk of
imposing effects on the environment.
3. Production, business and service
entities which are not on the list of entities responsible for emission
monitoring must ensure their compliance with environmental technical
regulations and relevant regulations.
Article 122. Environmental
components and emissions to be monitored
1. Water includes surface water,
underground water and sea water.
2. Air includes indoor and outdoor
air.
3. Noise, vibration, radiation and
light.
4. Soil and deposits
5. Nuclear radiation
6. Wastewater, exhaust gas and solid
waste.
7. Hazardous chemicals emitted and
built up in the environment.
8. Biological diversity.
Article 123. Environmental
monitoring program
1. National environmental monitoring
program includes environmental monitoring programs at inter-provincial river
and lake basins, key economic zones, trans-border, and geographically distinct
zones.
2. Provincial environmental
monitoring program includes monitoring programs on environmental components in
the area.
3. Environmental monitoring program
of industrial parks, export processing zones, high-tech zones, industrial
complex, trade villages and production, business and service facilities
includes monitoring programs on emissions and environmental components in
accordance with the law.
Article 124. Environmental
monitoring system
1. Environmental monitoring system
includes:
a) National environmental
monitoring;
b) Provincial environmental
monitoring;
c) Intramural environmental
monitoring.
2. Organizations involved in the
environmental monitoring system include:
a) Organizations in charge of
on-site sampling and measurements;
b) Sample analyzing laboratories;
c) Monitoring equipment inspecting
and standardizing organizations;
d) Data management and handling,
monitoring result establishing and reporting organizations.
3. Environmental monitoring system
must be synchronized and interconnected to create a consistent and
comprehensive network.
Article 125. Environmental
monitoring responsibilities
1. The Ministry of Natural Resources
and Environment directs, instructs and monitors environmental monitoring on
national level; organizes the implementation of national environmental
monitoring.
2. People’s committees of provinces
organizes an environmental monitoring program in the area, reports to the
People’s Council of the same level and the Ministry of Natural Resources and
Environment on monitoring results.
3. Industrial parks, export
processing zones, high-tech zones, industrial complex, trade villages and
production, business and service bases must implement the monitoring program on
emissions and environmental components; report to regulatory agencies on
environmental protection in accordance with the law.
Article 126. Conditions of
environmental monitoring
1. Any organization that is fully
staffed in environmental monitoring and equipped with necessary facilities is
permitted to participate in the environmental monitoring.
2. The government shall detail this
Article.
Article 127. Environmental
monitoring data management
1. The Ministry of Natural Resources
and Environment manages environmental monitoring data; constructs national
database on environmental monitoring; promulgate results of national
monitoring; provides professional training and technical supports for the
management of environmental monitoring.
2. People’s committees of provinces
manage environmental monitoring data and promulgate results of local
monitoring.
3. Industrial parks, export
processing zones, high-tech zones, industrial complex, trade villages and
production, business and service bases shall manage environmental monitoring
data and promulgate results of environmental monitoring in accordance with the
law.
Chapter XIII
ENVIRONMENTAL INFORMATION, DIRECTIVE, STATISTICS AND
REPORTING
Section 1. ENVIRONMENTAL
INFORMATION
Article 128. Environmental
information
1. Environmental information
includes figures, data about environmental components, environmental impacts,
policies and law on environment and environmental protection.
2. Environmental database is a
collection of information about the environment being constructed, updated and
maintained to meet the demands for access and use of information for
environmental protection tasks and for the public interests.
Article 129. Collection and
management of environmental information
1. The Ministry of Natural Resources
and Environment actively coordinates with the ministerial, departmental and
local levels to collect and manage environmental information, construct
national environmental database.
2. Ministries, departments and
people’s committees of all levels, within their own duties and authorities,
collect and manage environmental information, construct ministerial,
departmental and local environmental database and integrate them into the
national environmental database.
3. Industrial parks, export
processing zones, high-tech zones, industrial complex, trade villages and
production, business and service bases prepare environmental dossiers; manage
information of environmental impacts from activities of production, business
and service.
Article 130. Announcement and
supply of environmental information
1. Organizations, individuals
managing industrial parks, export processing zones, high-tech zones, industrial
complexes, trade villages and production, business and service facilities and
being subject to the list responsible for the preparation of environmental
impact assessment reports are responsible for reporting to the environmental
management agencies under people’s committees of provinces on environmental
information within their authorities.
2. Production, business and service
bases which are not subject to the list as stipulated in Paragraph 1 of this
Article are responsible for supplying environmental information in relation to
their operation to the people’s committees of districts and communes.
3. Annually, the ministries,
departments are responsible for supplying environmental information relating to
branches and areas under their management to the Ministry of Natural Resources
and Environment.
4. The Ministry of Natural Resources
and Environment shall detail this Article.
Article 131. Publishing of
environmental information
1. Environmental information to be
made known in public includes:
a) Strategic environmental
assessment report, environmental impact assessment report and environmental
protection plan;
b) Information of emission sources,
emissions and treatment of waste;
c) Areas suffering from serious and
particularly serious pollution, degradation, areas at risk of environmental
incident;
d) Environmental reports;
đ) Results of environment
inspections.
1. Information stipulated in this
Paragraph and classified as state secrets is not permitted to be published.
2. The publishing method must ensure
convenience for information recipients
3. Information-publishing agencies
are legally responsible for accuracy of the information.
Section 2. Environmental
indicators and statistics
Article 132. Environmental
indicators
1. Environmental indicators are
quantities that reflect specific characters of the environment for the purpose
of evaluating and monitoring the developments of environmental quality,
preparation of report on current environmental condition.
2. The Ministry of Natural Resources
and Environment shall construct, promulgate and instruct the implementation of
the national environmental directive.
2. People’s committees of provinces
shall construct, promulgate and develop the implementation of local
environmental directive based on the national environmental directive.
Article 133. Environmental
statistics
1. Environmental statistics are an
activity of enquiry, reporting, compilation, analysis and promulgation of basic
criteria reflecting nature and situation of environmental matters according to
space and time.
2. The Ministry of Natural Resources
and Environment shall promulgate the system of environmental statistics
criteria, organizes the implementation of national environmental statistics
tasks; instructs tasks of environmental statistics; construct national
environmental statistics database.
3. Ministries, departments shall
organize the implementation of environmental statistics tasks within their
management; construct environmental statistics database of branches and areas;
make annual reports to the Ministry of Natural Resources and Environment on
criteria of environmental statistics.
4. People’s committees of provinces
shall organize the implementation of local environmental statistics tasks;
construct database of local environmental statistics; make annual reports to
the Ministry of Natural Resources and Environment on criteria of environmental
statistics.
Section 3. Environmental
reporting
Article 134. Annual environmental
protection reporting responsibilities
1. The People’s Committees of
communes shall submit reports on local environmental protection tasks to the
People’s Council of the same commune and the People’s Committee of districts. .
2. People’s Committees of districts
shall submit reports on local environmental protection tasks to the People’s
Council of the same district and the People’s Committee of provinces.
3. People’s committees of provinces
report on local environmental protection to the People’s Councils of the same
province and the Ministry of Natural Resources and Environment.
4. Management boards of economic,
industrial, export processing, high-tech zones, industrial complexes must report
to people’s committees of provinces on environmental protection.
5. Ministries, departments shall
report on the tasks of environmental protection in management to the Ministry
of Natural Resources and Environment.
5. Ministry of Natural Resources and
Environment reports on environmental protection on the national scale to the
Government and National Assembly
6. Ministry of Natural Resources and
Environment shall instruct the construction of environmental protection report.
Article 135. Report of environmental
protection tasks
1. Quo status, happening of
environmental components.
2. Scale, nature and impacts of
emission sources.
3. Adherence to regulations of law
on environmental protection; results of investigation, inspection.
4. List of entities causing serious
pollution to the environment and disciplinary/remedial actions
5. Resources for environmental
protection
6. Evaluation of environmental
protection management and operation
7. Environmental protection plan and
solutions
Article 136. Annual socio-economic
report on environmental protection
Annual socio-economic reports by the
Government and People’s committees of all levels must specify the
implementation of environmental protection criteria and environmental
protection tasks.
Article 137. Environmental quo
status reporting responsibilities
1. The Ministry of Natural Resources
and Environment prepares national environmental quo status report every five
years; prepares annual thematic report on national environment.
2. People’s committees of provinces
prepares local environmental quo status report every five years; based on local
environmental pressing issues, shall decide to prepare thematic report on
environment.
3. The Minister of Natural Resources
and Environment instructs the preparation of environmental quo status report.
Article 138. Environmental quo
status report
1. Overview of natural, economic and
social conditions
2. Environmental impacts
3. Quo status and happening of
environmental components
4. Environmental pressing issues and
causes
5. Environmental impacts on economy
and society
6. Implementation of policies, law
and environmental protection activities
7. Forecasting of environmental
challenges
8. Environmental protection plan and
solutions
Chapter XIV
RESPONSIBILITIES OF REGULATORY AGENCIES FOR ENVIRONMENTAL
PROTECTION
Article 139. State management on
environmental protection
1. Constructing, promulgating by
authority and organizing the implementation of legal documents on environmental
protection, promulgating environmental standard, technical process system.
2. Constructing, directing the
implementation of strategies, policies, programs, projects, planning and plans
on environment.
3. Organizing, constructing,
managing monitoring system; carrying out regular evaluation of environmental conditions,
forecasting environmental happenings.
4. Constructing, appraising and
approving environmental protection planning; appraising strategic environmental
assessment report; appraising, approving environmental impact assessment report
and inspecting, endorsing environmental protection works; organizing and
endorsing environmental protection plan;
5. Directing, instructing and
organizing the implementation of biological diversity preserving activities;
managing waste; controlling pollution; improving and restoring the environment.
6. Awarding, extending, revoking
environmental licenses, certificates.
7. Investigating, inspecting the
execution of the law on environmental protection; Investigating state
management responsibilities on environmental protection;
8. Training human force in charge of
scientific and environmental management, educating and propagandizing knowledge
and law on environmental protection.
9. Organizing study and application
of scientific and technological advances in environmental protection.
10. Directing, instructing,
inspecting and evaluating the implementation of state budget on environmental
protection.
11. Furthering international
cooperation in environmental protection.
Article 140. State management
responsibilities of the Government for environmental protection
The government is unanimous in state
management on environmental protection throughout the country.
Article 141. State management
responsibilities of the Minister of Natural Resources and Environment to
environmental protection
The Minister of Natural Resources
and Environment is responsible to the Government for unifying state management
on environmental protection and takes the following responsibilities:
1. Constructing and submitting to
the Government, the Prime Minister legal documents, policies, strategies,
planning, plans, programs, and national projects on environmental protection.
2. Constructing and promulgating
legal documents by authority, national technical regulations on environment;
promulgating technical instruction documents.
3. Self-handling or sending proposal
to the Government, the Prime Minister for handling of inter-branch,
inter-provincial environmental issues.
4. Directing, instructing and
constructing national environmental monitoring system, environmental
information and reporting system; directing, organizing national and local
environmental actual state assessment.
5. Directing, instructing and
organizing the implementation of construction activities by authority,
appraising, approving environmental protection planning; appraising strategic
environmental assessment report; appraising, approving environmental impact
assessment report; endorsing environmental protection plan; inspecting,
endorsing completion of environmental protection works.
6. Directing, instructing and
organizing the implementation of awarding, extending and revoking environmental
licenses, certificates by authority.
7. Directing, instructing and
organizing the implementation of biological diversity preserving activities,
biological safety; carrying out waste management; controlling pollution;
improving and restoring the environment.
8. Constructing and organizing the
implementation of policies, programs, sustainable and environmental friendly
production and consumption models, instructing and endorsing environmental
friendly product, institution; directing, instructing environmental health
improving activities.
9. Inspecting, investigating and
handling violations of the law on environmental protection; settling claims,
accusations, petitions in relation to environmental protection according to the
law.
10. Directing and instructing the
insertion of environmental protection contents into national land use planning
and plan, national strategy on water natural resources and general planning of
inter-provincial river valley; national overall strategy on basic
investigation, survey, exploitation and processing of mineral resources.
11. Constructing and organizing the
implementation of assessment criteria system, following up the compliance with
the law on environmental protection across the country; communicating,
popularizing and educating environmental protection law.
12. Submitting to the Government the
participation into international organizations, signing or applying for
membership of the international treaty on environmental protection; chairing
activities of international cooperation on environmental protection.
Article 142. State management
responsibilities of Ministers, heads of ministerial level bodies on
environmental protection
1. Ministers, heads of ministerial
level bodies shall take charge of and cooperate with the Minister of Natural
Resources and Environment in constructing and promulgating circulars, joint
circulars on environmental protection in the areas managed by ministries and
departments.
2. Ministers, heads of ministerial
level bodies shall carry out the duties stipulated in this law and coordinate
with the Minister of Natural Resources and Environment to organize the
execution of the law on environmental protection within its own management;
carrying out annual reporting to the Government on state management activities
on environmental protection in the areas managed by ministers and departments.
3. Responsibilities of ministers,
heads of ministerial level bodies are defined as follows:
a) The Minister of Planning and
Investment shall actively coordinate with The Minister of Natural Resources and
Environment, Ministers, heads of ministerial level bodies and chairpersons of
the people’s committees of provinces to meet requirements of environmental
protection in the strategy, general planning and plan of social-economic
development of the country, region, project, works under authorities of the
National Assembly, Government, Prime Minister, working to attract investment and
organizing the implementation of law enforcement on environmental protection in
the area of management.
b) The Minister of Agriculture and
Rural Development shall actively coordinate with the Minister of Natural
Resources and Environment, Ministers, heads of ministerial level bodies and
chairpersons of the people’s committees of provinces to organize the
implementation of law enforcement on environmental protection in production,
importing, exporting, use of chemicals, plant protection chemicals, veterinary
drugs, fertilizers, waste substances in agriculture and other activities in
management;
c) The Minister of Trade and
Industry shall actively coordinate with the Minister of Natural Resources and
Environment, Ministers, heads of ministerial level bodies and chairpersons of
the people’s committees of provinces to handle industrial establishments
causing serious environmental pollution under management authority, develop
environmental industries and organize the implementation of law enforcement on
environmental protection in management;
d) The Minister of Construction
shall actively coordinate with the Minister of Natural Resources and
Environment, Ministers, heads of ministerial level bodies and chairpersons of
the people’s committees of provinces to organize the implementation of law
enforcement on environmental protection in such construction activities as
infrastructural structures of water supply, water drainage, solid waste and
urban waste water treatment, centralized service production area, construction
material production bases, trade villages, centralized rural residential area
and other activities in the area of management;
đ) The Minister of Transport shall
actively coordinate with the Minister of Natural Resources and Environment,
Ministers, heads of ministerial level bodies and chairpersons of the people’s
committees of provinces to organize the implementation of law enforcement on
environmental protection in such construction activities as infrastructural
structures of traffic, traffic vehicle management and other activities in the
area of management;
e) The Minister of Health shall
actively coordinate with the Minister of Natural Resources and Environment,
Ministers, heads of ministerial level bodies and chairpersons of the people’s
committees of provinces to organize the implementation of law enforcement on
environmental protection in the areas of health, food hygiene safety, burial
and cremation activities; organizing statistics of waste sources, evaluation of
pollution degree, treatment of medical waste from hospitals, medical
institutions and other activities in the area of management;
g) The Minister of Culture, Sports
and Tourism actively coordinates with the Minister of Natural Resources and
Environment, Ministers, heads of ministerial level bodies and chairpersons of
the people’s committees of provinces to organize the implementation of law
enforcement on environmental protection in activities of culture, festivals,
sports, tourism, and other activities in the area of management;
h) The Minister of National Defense
actively coordinates with the Minister of Natural Resources and Environment,
Ministers, heads of ministerial level bodies and chairpersons of the people’s
committees of provinces to organize the implementation of law enforcement on
environmental protection in the area of national defense in accordance with the
law; mobilize forces to engage in activities of coping, remedying the incident
in accordance with the law; direct, instruct, examine, and investigate the
environmental protection tasks by the armed forces within authorities of
management;
i) The Minister of Public Security
is responsible for organizing, directing activities of environmental crime
fighting and ensuring security in the area of environment; mobilizing forces to
engage in the activity of coping with environmental incidents in accordance
with the law; direct, instruct, examine and investigate the environmental
protection tasks by the armed forces within authorities of management;
k) Ministers, heads of ministerial
level bodies execute the duties stipulated in this Law and coordinates with the
Minister of Natural Resources and Environment to organize the implementation of
law enforcement on environmental protection in the area of management.
Article 143. State management
responsibilities of the people’ committees of all levels on environmental
protection
1. The people’s committees of
provinces take the following responsibilities:
a) Constructing, promulgating by
authority legal documents, policies, programs, planning, plans on environmental
protection;
b) Organizing the implementation of
law, strategies, programs, plans and duties on environmental protection;
c) Constructing, managing
environmental monitoring system in the locality in suitability with general
planning of national environmental monitoring;
d) Organizing appraisal and
establishment of environmental report. Communicating, popularizing and
educating policies and law on environmental protection;
đ) Organizing appraisal, approval of
environmental protection planning, environmental impact assessment report,
endorsing completion of environmental protection works, instructing and
organizing the inspection of environmental protection plan by authority;
e) Awarding, extending, revoking
licenses, certificates of environmental protection by authorities;
g) Inspecting, investigating,
handling law violations of environmental protection; settling claims,
accusations, petitions concerning environment in accordance with the law on
complaints and denunciations.
h) Being responsible to the
Government for any serious environmental pollution in the area.
2. The people’s committees of
communes take the following responsibilities:
a) Promulgating by authorities
regulations, programs, and plans on environmental protection;
b) Organizing the implementation of
strategies, programs, plans and duties on environmental protection;
c) Endorsing, inspecting the
implementation of environmental protection plan by authorities;
d) Organizing appraisal and
establishment of environmental protection tasks on a yearly basis;
đ) Communicating, popularizing and
educating policies and laws on environmental protection;
e) Inspecting, investigating,
handling law violations on environmental protection; settling claims,
accusations, petitions on environmental protection according to the law on
complaints and denunciations,
g) Coordinating with the people’s
committees of districts concerned to settle inter-district environmental
problems
h) Directing state management tasks
of the People’s committees of communes on environmental protection
i) Being responsible to the People’s
committees of provincial levels for any serious environmental pollution in the
area.
3. The People’s committees of
communes take the following responsibilities:
a) Constructing plan, carrying out
the duties of environmental protection, environmental hygiene preservation in
the area; mobilizing people to construct the contents of environmental
protection in the village regulation; providing guidance on putting the
criteria of environmental protection into evaluation of hamlets, villages, and
small villages (normally inhabited by mountainous ethnic minorities),
neighborhoods and courteous families;
b) Endorsing, inspecting the
implementation of environmental protection plans by authorities; inspecting
compliance with the law on environmental protection by households, individuals;
c) Detecting and handling by
authorities violations of the law on environmental protection or reporting
direct to state management agencies of higher levels on environmental
protection;
d) Reconciling environmental
disputes arising in the area in accordance with the law on reconciliation;
đ) Managing activities of hamlets,
villages, small villages (mountainous ethnic minorities), neighborhoods and
organizations to self-govern environmental hygiene preservation and protection
in the area;
e) Organizing appraisal and
establishment of environmental protection tasks on a yearly basis;
g) Actively coordinating with
production, business, and service entities in the area to popularize
information of environmental protection of the institutions to the residential
community;
h) Being responsible to the People’s
committees of districts for any serious environmental pollution in the area.
Chapter XV
RESPONSIBILITIES OF VIETNAM FATHERLAND FRONT,
SOCIO-POLITICAL ORGANIZATIONS, SOCIO–OCCUPATIONAL ORGANIZATIONS AND RESIDENTIAL
COMMUNITY FOR ENVIRONMENTAL PROTECTION
Article 144. Responsibilities and
rights of Vietnam Fatherland Front
1. Vietnam Fatherland Front, within
its duties and powers, is responsible for propagandizing and mobilizing
membership organizations and people to engage in environmental protection
activity.
2. Vietnam Father Front carries out
giving advice, responding and observing the implementation of policies, law on
environmental protection according to the law. State management agencies of all
levels are responsible for creating favorable conditions for Vietnam Fatherland
Front to take part in environmental protection.
Article 145. Responsibilities and
rights of socio-political organizations, socio-occupational organizations
1. Socio-political organizations,
socio-occupational organizations take the following responsibilities:
a) Complying with the law on
environmental protection;
b) Taking part in activities of environmental
protection.
2. Socio-political organizations,
socio-occupational organizations have the following rights:
a) Being granted access to and the
right to ask for information of environmental protection in accordance with the
law;
b) Consulting about projects in
relation to its functions, duties and authorities;
c) Consulting, responding on
environmental protection to state management agencies and owners of production,
business and service entities concerned in accordance with the law;
d) Engaging in activities of
investigation into environmental protection at production, business and service
entities in relation to its functions, duties and authorities;
đ) Submitting petition to competent
authorities for handling violations of the law on environmental protection.
3. Environmental management agencies
of all levels are responsible for creating favorable conditions for
socio-political organizations, socio-occupational organizations to exercise the
rights as stipulated in Paragraph 2 of this Article.
Article 146. Rights and
obligations of local communities
1. Representatives of local
communities under environmental effects of production, business and service
entities have the right to ask the owners of those production, business and
service entities to provide information of environmental protection through
direct dialogs or in writing; organize practical enquiry into environmental
protection tasks by production, business and service entities; collect, supply
information to competent agencies and take responsibility for the information
supplied.
2. Representatives of residential
community in the area under environmental effects of production, business and
service entities have the right to ask state management agencies concerned to
supply results of investigation, inspection and handling of the entities.
3. Representatives of residential
community have the right to take part in the evaluation of environmental
protection tasks by production, business and service entities; implementing all
the measures to protect rights and interests of residential community in
accordance with the law.
4. Owners of production, business
and service entities must fulfill the requirements of residential community.
Chapter XVI
RESOURCES FOR ENVIRONMENTAL PROTECTION
Article 147. Expenditure of state
budget on environmental protection
1. Expenditure on environmental
protection includes:
a) Constructing strategies,
planning, plans, technical processes, technical instructions, technical
economic norms, technical regulations on environment, programs and projects on
environmental protection;
b) Appraising environmental
protection planning, strategic environmental assessment report;
c) Carrying out environmental
monitoring; constructing environmental information and reporting system;
d) Providing supports to tasks of
investigation and inspection; controlling and treating environmental pollution,
preventing, coping and remedying environmental incidents; managing wastes and
preserving biological diversity; Training, communicating about environmental
protection; popularizing and evaluating the exercising of the law on
environmental protection; furthering international cooperation on environmental
protection;
đ) Other environmental protection
management activities.
2. Expenditures on the development
of environmental protection includes those for construction projects,
reformation of waste treatment works, constructing and equipping environmental
observing and analyzing stations managed by regulatory agencies; investing in
equipment, facilities for preventing, coping and remedying environmental
pollution, degradation and incident; coping with climate change; preserving
biological diversity; reforming polluted water sources, growing and caring
green trees in public places, public utility areas.
3. Developing cost estimation and
managing use of state budget for environmental protection are done in
accordance with the law on state budget.
Article 148. Cost of
environmental protection
1. Organizations, individuals
discharging waste into the environment or causing negative effects on the
environment shall pay an environment protection fee.
2. Rate of environmental protection
fee depends on:
a) Amount of waste discharged into
the environment, scale of negative effects on the environment;
b) Levels of toxicity, levels of
hazard for the environment;
c) Capacity of waste-receiving
environment.
3. The rate of environmental
protection is adjusted to requirements of environmental protection and
socio-economic conditions of the country in each stage.
4. Collected environmental
protection fees shall be used for environmental protection activities.
Article 149. Environmental
protection fund
1. The Environmental Protection
Funds include the central environment protection fund, environment protection
funds of Ministries and specialized authorities, and provincial environment
protection funds that are established to support environmental protection
activities.
The state has encouraged
enterprises, organizations, individuals to establish their own environmental
protection funds.
2. Capital for national and
provincial environmental protection funds is derived from the following
sources:
a) State budget;
b) Environmental protection fees:
c) Compensations to the state for
environmental damages;
d) Grants, aids, and entrusted investments
from domestic and overseas entities.
3. The authority to establish
environmental protection fund are regulated as follows:
a) The Prime Minister decides the
establishment, organization and operation of environmental protection funds on
national, ministerial, ministerial-level body, economic corporate and state
corporate levels
b) Provincial People’s committees
decide the establishment, organization and operation of their own environmental
protection funds;
c) Organizations, individuals shall
establish their own environmental protection funds and operation in accordance
with the statute of the fund.
Article 150. Environmental
service development
1. The state encourages
organizations, individuals to establish environmental service business through
bidding, public-private partnership (PPP) in the following areas:
a) Collecting, transporting,
recycling and treating waste;
b) Observing, analyzing
environmental, assessing environmental treatment;
c) Developing, transferring
environmental friendly production technology, environmental technology;
d) Providing environmental
consultancy, training, and information;
đ) Carrying out environmental
appraisal towards goods, machinery, equipment, and technology;
e) Appraising environmental damage
and health;
g) Other environmental protection
services
2. The Minister of Natural Resources
and Environment shall actively coordinates with Ministers, heads of ministerial
level bodies to provide guidance on the implementation of the regulations
mentioned in Paragraph 1 of this Article.
Article 151. Incentives and
support for environmental protection tasks
1. The state shall provide favors,
supports to environmental protection tasks below
a) Constructing domestic wastewater
treatment systems;
b) Constructing plants for recycling,
treating conventional solid waste, hazardous waste, and waste landfill sites;
c) Constructing environmental
monitoring stations;
d) Constructing environmental
industrial bases, environmental protection works for the benefits of public
interests;
đ) Manufacturing and trading
eco-friendly products;
e) Transforming operation of
industrial parks, industrial complex, and entities causing serious pollution to
the environment.
2. The Government shall detail this
Article.
Article 152. Development and
application of science and technology to environmental protection
1. Organizations, individuals
involved in the study, transfer, development and application of science and
technology to environmental protection shall enjoy favors and supports.
2. Favored activities of study,
transfer, development and application of technology to environmental protection
include:
a) Studying, transferring,
developing and applying technology of waste recycling;
b) Studying, transferring,
developing and applying environmental friendly technology and exploiting
technology, making effective use of natural resources, saving energy,
preserving nature and biological diversity;
c) Studying, transferring,
developing and applying waste treatment technology, preventing, minimizing
pollution; reforming, restoring and improving environmental quality;
d) Studying, transferring,
developing and applying pollution control technology, environmental change
forecasting and warning technology; observing and assessing environmental
quality;
đ) Studying and constructing
facilities to cope with climate change;
e) Studying and applying measures to
improve environmental health, minimize environmental impact on people.
Article 153. Environmental
industry development
The state shall invest and provide
favors and supports to individuals, organizations being involved in the
development of environmental industry; in the construction and upgrading of
technical infrastructure for waste treatment and recycling; in the
establishment and development of centralized waste treatment and recycling
sites; in the production and supply of equipment, products in service of
environmental protection.
Article 154. Communicating and
popularizing the law on environmental protection
1. Dissemination and education of
the law on environmental protection shall be done regularly and extensively.
2. Any agency, organization, and
individual whose performance in environmental protection is excellent shall be
commended and rewarded in accordance with the law on emulation and
commendation.
3. The Ministry of Natural Resources
and Environment shall coordinate with press agencies responsible for spreading
the law on environmental protection.
4. Ministries, ministerial level
bodies shall coordinate with the Ministry of Natural Resources and Environment,
and the media responsible to communicate the law on environmental protection
under the management.
Article 155. Provision of
environmental education and provision of training for environmental protection
forces
1. Curriculum of general education
levels shall convey environmental content.
2. The state put priority on
training human resource for environmental protection; encouraging every
organization, individual to participate in the education of environment and
training human resource for environmental protection.
3. The Ministry of Education and
Training shall actively coordinate with the Minister of Natural Resources and
Environment to detail the educational program of environment and provide
training to human resource on environmental protection.
Chapter XVII
INTERNATIONAL COOPERATION ON ENVIRONMENTAL PROTECTION
Article 156. Signing and becoming
a member in the international treaty of environmental protection
The international treaty which is
beneficial to global, regional and national environmental protection and is
suitable for the interests and capabilities of The Socialist Republic of
Vietnam shall be considered for signing and participation.
Article 157. Environmental
protection during international economic integration
1. The state shall encourage bodies,
organizations, and individuals to actively meet the requirements of environment
in order to enhance competitiveness of goods and services on regional and
international markets.
2. Agencies, organizations, and
individuals participating in international economic integration shall be
responsible for preventing and minimizing negative impact on domestic
environment.
Article 158. Expanding
international cooperation on environmental protection
1. The state shall encourage
organizations, individuals to cooperate with foreign organizations,
individuals, and overseas Vietnamese in order to enhance capacity and
efficiency of environmental protection in the country; enhance position and
role of the Socialist Republic of Vietnam in environmental protection in the
region and in the world.
2. The state shall create favorable
conditions for foreign organizations, individuals and overseas Vietnamese to
invest and support training of human resource, scientific study, technological
transfer, natural preservation and other activities in environmental
protection; to develop and make appropriate and effective use of resources of
international cooperation in environmental protection.
3. The state shall further
cooperation with neighboring and regional countries to settle issues of
management and exploitation of natural resources and environmental protection.
Chapter XVIII
INVESTIGATING, INSPECTING AND HANDLING VIOLATIONS, SETTLING
ENVIRONMENTAL DISPUTES, CLAIMS AND ACCUSATIONS
Article 159. Responsibilities for
organizing and directing the investigation and inspection of environmental
protection tasks
1. The Minister of Natural Resources
and Environment shall organize and direct the investigation and inspection of
environmental protection in accordance with the law on a national scale.
2. The Minister of National Defense,
Minister of Public Security shall organize and direct the investigation and
inspection of environmental protection with respect to establishments, projects
and works under national secrecy in defense and security.
3. Chairpersons of the Provincial
People’s committees shall organize and direct the investigation and inspection
of environmental protection in accordance with the law in the area.
Article 160. Actions against
violations
1. Any organization and individual
who violates the law on environmental protection causing pollution and
degradation to the environment, causing losses to other organizations and
individuals shall be responsible for remedying the consequences, restoring the
environment, compensating for the damages in accordance with the regulation of
this Law and relevant laws.
2. Heads of agencies, organizations,
officials and public servants who misuse their titles and powers to cause
troubles and harassment to organizations, individuals, be involved in cover-ups
on violators of environmental protection or show lack of responsibility for
environmental pollution and problem, depending on the nature and seriousness of
violations, shall incur penalties according to applicable regulations of the
law.
Article
161. Environmental disputes
1.
Environmental disputes include:
a) Disputes concerning rights and
responsibilities for environmental protection in exploitation and use of
environmental components;
b) Disputes concerning determination
of causes to environmental pollution, degradation and problem;
c) Disputes concerning
responsibilities for handling and remedying consequences, compensating for
losses caused by environmental pollution, degradation and problem.
2. Parties in dispute over
environment
a) Organizations, individuals using
environmental components in dispute:
b) Organizations, individuals who
exploit and use environmental components and organizations, individuals who are
responsible for reforming and restoring the polluted and degraded environmental
area, and compensating for environmental damages.
3. Settlement of environmental
disputes shall be done in accordance with the law on non-contractual civil
dispute settlement and the regulation of relevant law.
4. Environmental disputes that take
place within the Socialist Republic of Vietnam in which either or both of the
parties are foreign organization, individual shall be settled in accordance
with the law by the Socialist Republic of Vietnam except otherwise as
stipulated in the international treaty of which the Socialist Republic of
Vietnam is a member.
Article 162. Complaints,
accusations and lawsuits
1. Organizations, individuals are
entitled to file a complaint and lawsuit against any breach of environmental
protection in accordance with the law.
2. Individuals are entitled to
report any breach of environmental protection to the authorities according to
the law on claims and denunciations.
3. Time limit for filing a lawsuit
over environment shall begin when the aggrieved individual’s detection of the
damage caused by the breach of environmental protection regulations by other
organizations, individuals.
Chapter
XIX
COMPENSATIONS FOR ENVIRONMENTAL
DAMAGES
Article
163. Damages caused by environmental pollution
and degradation
Damages caused by environmental
pollution and degradation include:
1. Deterioration in environmental
function and productivity
2. Loss of human life and health,
properties and legal interests of the organizations, individuals due to the
deterioration.
Article 164. Principles of
handling responsibilities of organizations, individuals causing environmental
pollution
1. Environmental pollution and its
consequences shall be studied, investigated and concluded opportunely by
regulatory authorities.
2. Any act causing environmental pollution,
degradation committed by organizations, individuals shall be handled
opportunely according to the law.
3. Principles of handling
responsibilities shall be defined as follows:
a) Head of the organization shall
take responsibility for any breach of environmental protection relating to
activity of his/her organization.
b) Organizations, individuals
causing environmental pollution, degradation shall be responsible for remedying
the consequences and compensating for the damages caused.
c) In case any individual that
causes environmental pollution, degradation during the execution of the tasks
assigned by his/her organization, the organization shall be responsible for
compensating for damages caused according to the law.
Article 165. Determination of damages
caused by environmental pollution, degradation
1. Degrees of deterioration in
environmental function and productivity are as below:
a) Mild
b) Serious
c) Alarming level
2. Determination of scope, area of
the environment under deterioration in function and productivity includes:
a) Scope and area of zone and core
zone under critical and particularly critical deterioration;
b) Scope, area of buffer zone under
direct deterioration;
c) Scope, area of other areas under
the impact of core zone and buffer zone.
3. Determination of environmental
components under deterioration includes:
a) Determination of number of
environmental components under deterioration, categories of ecosystem similar
to damaged one;
b) Degree of damage to each
environmental component, ecosystem and categories.
4. Calculation of environmental
damages is defined as follows:
a) Initial and lasting damages due
to deterioration in function and productivity of environmental components;
b) Cost for environmental treatment,
reformation and restoration;
c) Cost for minimizing or
eliminating damage-causing sources
d) Making enquiries from relevant
entities;
đ) Depending on specific condition,
one of the measures mentioned in Points a, b, c and d of this Paragraph may be
applied to calculate environmental damages, and served as a foundation for
compensation and damage compensation settlement.
5. Calculation of damages due to
deterioration in environmental function and productivity is done independently
or with coordination of the damage causing party and affected party.
In case either or both of the
parties have requests, environmental protection agencies are responsible for
instructing the calculation to determine the damages or witnessing
determination of damages.
6. Determination of damages to human
life and health, properties and legal interests of organizations, individuals
caused by environmental pollution and degradation is done in accordance with
the law.
7. The Government shall detail this
Article.
Article 166. Determination of
damages caused by deterioration in environmental function and productivity
1. Appraisal of damages caused by
deterioration in environmental function and productivity is done at the request
of organizations, individuals affected or the agency involved in settling
damage compensation.
2. Foundations for appraising
damages include a written proposal for damage compensation, information, data,
evidence and others in relation to the compensation and damage causing subject.
3. Deciding on a damage appraising
organization shall be jointly agreed by both parties; in case both parties fail
to come to an agreement, the decision on the damage appraising organization
shall be made by the agency assigned for settling damage compensation.
Article 167. Liability insurance
for environmental damages
4. The State encourages insurance
businesses to undertake liability insurance for environmental damages.
2. The State encourages
organizations, individuals operating in production, business and service to buy
liability insurance for environmental damages.
3. Organizations, individuals
operating in production, business and service who are at risk of causing
significant damage to the environment must buy liability insurance for
environmental damages in accordance with the law of the Government.
Chapter XX
EXECUTION PROVISIONS
Article 168. Transitional clause
1. The dossier which has been
received the competent authorities in accordance with the administrative
procedures on environment before the effective date of this Law shall be
processed in accordance with the law at the time of receiving.
2. Every license or certificate
issued under the Law on Environmental Protection No. 52/2005/QH11 shall remain
valid until its expiry date.
Article 169. Effect
This law is effective from January
01, 2015.
The Law on Environmental Protection
No. 52/2005/QH11 shall become invalid since the effective date of this Law.
Article 170. Detailed regulations
The Government shall detail
articles, paragraphs stated in the Law.
This Law has been ratified on
June 23, 2014 at the 8th National Assembly, 7th session
of the Socialist Republic of Vietnam.
CHAIRMAN OF NATIONAL ASSEMBLY
Nguyen Sinh Hung |