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THE
MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
62/2002/QD-BKHCNMT
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Hanoi,
August 09, 2002
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DECISION
PROMULGATING THE REGULATION ON THE PROTECTION OF THE
ENVIRONMENT IN INDUSTRIAL PARKS
THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
Pursuant to the Environmental
Protection Law of December 27, 1993;
Pursuant to Directive No. 36/CT-TW of June 25, 1998 of the Political Bureau on enhancing
the environmental protection work in the period of national industrialization
and modernization;
Pursuant to the Government’s Decree No. 175/CP of October 18, 1994 guiding the
implementation of the Environmental Protection Law;
Pursuant to the Government’s Decree No. 22/CP of May 22, 1993 on the tasks,
powers and organizational apparatus of the Ministry of Science, Technology and
Environment;
Pursuant to the Government’s Decree No. 36/CP of April 24, 1997 issuing the
Regulation on industrial parks, export-processing zones and high-tech parks;
At the proposal of the director of the Environment Department,
DECIDES:
Article 1.-
To promulgate together with this Decision the Regulation on the protection of
the environment in industrial parks.
Article 2.-
This Decision takes implementation effect 15 days after its signing.
Article 3.-
The State management agencies in charge of environmental protection; the
industrial park management boards, the companies which develop infrastructure
in industrial parks, export-processing zones and high-tech parks, production
and business establishments operating in industrial parks, industrial-park
enterprises, and concerned agencies shall have to implement this Decision.
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FOR THE MINISTER OF SCIENCE,
TECHNOLOGY AND ENVIRONMENT
VICE MINISTER
Pham Khoi Nguyen
REGULATION
ON THE PROTECTION OF THE ENVIRONMENT IN INDUSTRIAL PARKS
(Issued together with Decision No. 62/2002/QD-BKHCNMT of August 9, 2002 of
the Minister of Science, Technology and Environment)
Chapter I
GENERAL PROVISIONS
Article
1.- This Regulation prescribes the uniform management over the protection
of the environment in industrial parks, export-processing zones and high-tech
parks (hereinafter collectively referred to as the industrial parks) in order
to protect the environment inside the industrial parks and in their vicinity.
Article
2.- This Regulation shall apply to all Vietnamese and foreign organizations
and individuals carrying out activities related to industrial parks in Vietnam,
aiming to prevent and minimize negative impacts caused by industrial parks on
the environment and community health.
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1. Protection of the environment
in industrial parks means activities aiming to keep the environment inside
industrial parks and in their vicinity clean, to improve the environment,
prevent and overcome bad consequences caused by industrial park activities to
the environment;
2. Industrial park
infrastructure consists of the systems of traffic roads, water supply, power
supply, communication, public facilities, water drainage, and concentrated
waste water treatment, yards, storehouses, fences, green trees, solid waste
matter-storing yards and -treating zones (if any), incident prevention and
rescue systems;
3. Environment supervision means
activities of observing, sampling, measuring and analyzing environmental
parameters and criteria in order to determine the environmental state at
different points of time and compare them with Vietnamese environmental
standards;
4. Other terms: environment,
environment fractions, waste matters, pollutants, environmental pollution,
environmental deterioration, environmental incidents, environmental standards,
environmental impact assessment, ecological system and bio-diversity shall be
construed similarly as in Articles 1 and 2 of the Environmental Protection Law.
The term "hazardous waste" shall be construed as defined in the
Regulation on the management of hazardous wastes, issued together with the
Prime Minister’s Decision No. 155/1999/QD-TTg of July 16, 1999.
Article 4.-
The organization of the management and operation of the protection of the
environment in the industrial parks must comply with Vietnam’s legislation on
environmental protection from the stage of project consideration and approval
to the stage of construction and throughout the operating process of the
industrial parks.
Article 5.-
Based on this Regulation and other legal documents on environmental protection,
the provincial industrial park management boards shall coordinate with the
provincial/municipal Science, Technology and Environment Services in compiling
and submitting to the People’s Committees of the provinces and centrally-run
cities for promulgation the concrete guiding regulations on environmental
protection for industrial parks under their respective management for
implementation, with a view to ensuring environmental safety inside the
industrial parks and in their vicinity.
Chapter II
THE STAGE OF
CONSIDERATION AD APPROVAL OF INVESTMENT PROJECTS ON BUILDING INDUSTRIAL PARKS
Article 6.-
The consideration and selection of locations of industrial parks must be based
on the approved general plannings of the provinces and cities that manage such
industrial parks and take into account environmental conditions and elements,
ensuring the feasibility in terms of environmental protection and incident
rescue.
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1. Industrial clusters must be
sub-zoned reasonably, ensuring their optimal interactivity and minimizing
adverse impacts on the surrounding environment.
2. The rain water drainage
networks must be separated from the industrial waste water drainage networks of
industrial park member establishments, from key works and the daily-life waste
water networks.
3. There are concentrated waste
water treatment stations with their technical design already approved by
competent bodies, ensuring that all waste water volumes of the industrial parks
in the period of stable operation be treated up to the permitted environmental
standards before being discharged into the corresponding receiving sources.
4. There are entrepots and/or
stations for temporarily storing industrial solid wastes and/or hazardous
wastes, with their technical designs approved by competent authorities.
5. There are environmental
incident rescue systems (in terms of means, equipment and personnel), ensuring
that any incidents occurring in industrial parks be coped with promptly.
6. The land area reserved for
planting green trees to protect the environment must not be smaller than the
minimum level according to current construction standards, and must be
rationally arranged and planted with appropriate plant varieties.
7. There are reserve land areas
for expanding and/or constructing additional treatment facilities in the
concentrated waste water treatment system of the industrial parks when waste
standards are adjusted to be stricter to meet the need to safely protect the
water environment quality of receiving sources.
Article 8.-
The industrial park infrastructure development companies shall have the task of
making environmental impact assessment reports for their industrial park
investment projects according to current regulations and submit them to the
Ministry of Science, Technology and Environment for consideration.
Article 9.-
Where the industrial park infrastructure development companies need to exploit
on-spot underground water and/or surface water for supply to production and
daily life activities in the industrial parks, they must draw up exploitation
plans and submit them to functional bodies for consideration as prescribed by
law. The exploitation permission of functional bodies shall serve as a basis
for the Ministry of Science, Technology and Environment to consider and approve
environmental impact assessment reports of the industrial parks.
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Chapter III
THE STAGE OF BUILDING
INDUSTRIAL PARK INFRASTRUCTURE
Article
11.- The industrial park infrastructure development companies can start
building industrial park infrastructural works only after their projects are
granted the environmental impact assessment report-approving decisions.
Article
12.- The industrial park infrastructure development companies shall have
the tasks of strictly complying with the environmental protection measures
throughout the process of building industrial park infrastructures as committed
in the approved environmental impact assessment reports.
Article
13.- In the process of constructing and operating industrial park
infrastructures, the investors and constructing units must submit to the
periodical and unexpected inspection, supervision and monitoring by the State
management agencies in charge of environmental protection, if violating current
regulations, they shall be handled as prescribed by law.
Chapter IV
CONSIDERATION AND
APPROVAL OF INVESTMENT PROJECTS IN INDUSTRIAL PARKS
Article
14.- The investment projects in industrial parks, which have not yet been
granted the environmental impact assessment report-approving decisions, shall
be regarded as separate projects in the discharge of the environmental
protection responsibility and the environment procedures as provided for by the
Environmental Protection Law and the Government’s Decree No. 175/CP.
Article
15.- The investment projects in industrial parks, which have been granted
the environmental impact assessment report-approving decisions, must make written
registration of satisfaction of environmental standards together with
commitments to ensure such standards throughout their operating durations with
the State management agencies in charge of environmental protection according
to current regulations in the stage of investment license application.
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Chapter V
THE STAGE OF OPERATION
OF INDUSTRIAL PARKS
Article
17.- Industrial parks shall be officially put into operation only after
they fully meet the following environmental conditions:
1. A detailed planning on the
sub-zoning of the industrial park cluster has been drawn up;
2. The electricity and water
supply systems that satisfy use demands in each development period have been in
place;
3. Complete and separate rain
water and waste water drainage networks have been constructed;
4. A concentrated waste water
treatment station that can ensure the treatment of waste water up to standards
before being discharged into corresponding receiving sources has been in place;
5. Locations and necessary
equipment have been available and ready for the temporary storing and/or
deposit of industrial solid wastes or hazardous wastes under environmentally
clean and safe conditions;
6. Means, equipment and
personnel have been ready for the handling of environment incidents.
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Article
19.- In the process of developing industrial parks, depending on the
investment speed of projects in industrial parks, the industrial park
infrastructure development companies must continue to improve the
infrastructural systems, particularly environmental infrastructures, and must
complete these systems when 70% of the planned land area of each industrial
park has been exploited and used.
Article
20.- Each project applying for investment in an industrial park shall be
permitted to officially commence its operation only after all work items for
waste treatment and/or storage have been completely constructed and fully meet
the environmental protection requirements during their trial operation as
certified by the State management agency in charge of environmental protection
in the certification paper attached to the written registration of satisfaction
of environment standards.
Article
21.- All industrial-park enterprises engaged in activities which discharge
air pollutants must take measures of controlling and treating locally such
pollutants right at the sources of pollutants up to the Vietnamese standards on
industrial exhaust gas before discharging them into the environment.
Article
22.- Industrial-park enterprises engaged in operations causing noises
exceeding the permitted limit at production areas must take anti-noise measures
up to the prescribed standards.
Article
23.- Industrial-park enterprises that discharge waste water with the
concentration of pollutants higher than the limit prescribed by the industrial
park infrastructure development companies must treat locally their waste water
up to the permitted standards before discharging it into the waste water
drainage networks of the industrial parks; it is strictly forbidden to treat
waste water by diluting it or letting it permeate the soil.
The industrial park
infrastructure development companies shall specify the quality standards of
waste water permitted to be discharged into the industrial parks waste water
drainage networks.
Article
24.- The industrial park infrastructure development companies shall have to
gather all waste water discharged from industrial-park enterprises into the
waste water drainage networks leading to the concentrated waste water treatment
stations of the industrial parks, and must treat such water up to the permitted
standards before discharging it into the environment outside the industrial
parks.
The industrial park
infrastructure development companies shall have to gather and treat all rain
water spilling within the industrial parks into the rain water drainage
networks of the industrial parks in order to avoid inundation, and must treat
such water up to the permitted standards before discharging it into the
environment outside the industrial parks.
Article
25.- The industrial park infrastructure development companies shall have to
coordinate with the functional units in organizing the environmentally safe
gathering, transportation and treatment of all solid wastes discharged by
industrial-park enterprises. The sorting out and temporary storing of solid
wastes at industrial-park enterprises shall be carried out by the
industrial-park enterprises themselves according to specific regulations of the
industrial parks.
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Article
27.- Hazardous wastes generated in industrial parks must be gathered,
stored, transported and treated up to technical standards and in accordance
with current law provisions.
Article
28.- Industrial-park enterprises that have products of, store and transport
radioactive substances, ionized radiation sources, hazardous, flammable and/or
explosive substances must fully observe the current regulations of Vietnam.
Article
29.- The export and import of materials and raw materials, hazardous
chemicals and/or micro-organisms by industrial-park enterprises must comply
with current regulations.
Article
30.- Industrial-park enterprises shall have the responsibility to
contribute funding to the industrial park infrastructure development companies
to invest in building industrial park infrastructure, gathering and treating
their wastes according to contracts.
Article
31.- When environment incidents occur, the industrial park infrastructure
development companies shall have to coordinate with the provincial-level
industrial park management boards in expeditiously deploying rescue and
remedial measures, then immediately report them to the provincial/municipal
People's Committees in order to mobilize human resources and means to quickly
overcome consequences on the spot, and urgently notify competent bodies thereof
for support and coordination.
Article
32.- The industrial park infrastructure development companies shall have to
observe the quality of the environment inside the industrial parks and in their
vicinity strictly according to the environment observation programs already
committed by themselves in the environmental impact assessment reports in terms
of observation location, frequency and norms; and make bi-annual reports on the
environment observation results and send them to the provincial/municipal
Science, Technology and Environment Services.
Chapter VI
STATE MANAGEMENT OVER
THE PROTECTION OF THE ENVIRONMENT IN INDUSTRIAL PARKS
Article
33.- The Ministry of Science, Technology and Environment shall have to
perform the uniform State management over environmental protection for
industrial parks in the Vietnamese territory; organize, direct and inspect the
activities of protecting the environment in the industrial parks.
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1. Organizing the evaluation of
environmental impact assessment reports of investment projects on building
industrial parks and of investment projects in industrial parks, which have not
yet been granted the environmental impact assessment report-approving decisions
according to the responsibility decentralization in the Government’s Decree No.
175/CP of October 18, 1994 and the provisions of the Science, Technology and
Environment Ministry’s Circular No. 490/1998/TT-BKHCNMT of April 29, 1998
guiding and evaluating environmental impact assessment reports of investment
projects, and other relevant regulations.
2. Organizing the evaluation of
projects on building concentrated waste water treatment plants, entrepots and
storehouses as well as burial sites for hazardous wastes of the industrial
parks.
3. Proposing the adjustment of
permitted waste standards applicable to industrial parks.
4. Organizing and directing the
formation of Vietnam’s annual reports on the actual state of the environment in
the industrial parks.
5. Directing and organizing
activities of supervising, controlling and inspecting the environment in the
industrial parks, settling complaints and denunciations about the protection of
the environment in industrial parks, and issuing decisions to sanction
violations of the environmental protection regulations according to its
competence.
6. Acting as the sole agency in
managing and supplying information on technical support and technologies for
treatment and management of the environment in the industrial parks.
7. Proposing the commendation of
industrial parks, which have well performed the environmental protection work.
8. Coordinating with functional
bodies in:
- Formulating a master plan on
the development of industrial parks, nationwide, which is compatible with the
socio-economic development and environmental protection strategy;
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- Considering priority business
lines and trades that call for investment into industrial parks.
Article
34.- The provincial/municipal Science, Technology and Environment Services
shall be accountable to the provincial/municipal People’s Committees for the
State management over the protection of the environment in industrial parks
and, at the same time, submit to the direct direction by the Ministry of
Science, Technology and Environment regarding professional matters and
macro-policies on performing the following State management contents to protect
the environment in the industrial parks:
1. Directing and inspecting the
implementation of the regulations on the protection of the environment in
industrial parks as stated in this Regulation and other law provisions on
environmental protection.
2. Organizing the consideration
and granting of papers of certification of the written registrations of
satisfaction of environmental standards, and the evaluation of environmental
impact assessment reports for investment projects in industrial parks according
to the responsibility decentralization specified in the Government’s Decree No.
175/CP and the provisions in Circular No. 490/1998/TT-BKHCNMT of the Ministry
of Science, Technology and Environment.
3. Supervising the implementation
of environmental protection measures by the industrial park infrastructure
development companies and industrial-park enterprises in the stage of building
industrial park infrastructure and throughout the operating duration of the
industrial parks;
4. Coordinating with central and
local agencies in supervising, controlling and inspecting the environment in
industrial parks, handling violations of the regulations on the protection of
the environment in the industrial parks according to their vested powers.
5. Receiving and settling
disputes, complaints and denunciations about the protection of the environment
in industrial parks according to their vested powers, or referring them to
competent bodies for handling;
6. Proposing the commendation of
subjects that have recorded many achievements in the discharge of the
environmental protection responsibility and made great efforts in the fight to
protect the environment in industrial parks.
Article
35.- The provincial-level industrial park management boards shall have the
responsibility to:
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2. Coordinating with the
provincial/municipal Science, Technology and Environment Services in gathering,
transporting and treating solid and hazardous wastes in the industrial parks
under their respective management.
3. Directing, guiding and urging
industrial parks under their respective management to organize the work of
protecting the environment in industrial parks.
Article
36.- The industrial park infrastructure development companies shall be
tasked to monitor, inspect and oversee the discharge of the environmental
protection responsibility by industrial-park enterprises, and promptly report
to the provincial-level industrial park environment management boards and the
provincial/municipal Science, Technology and Environment Services for handling
acts of violation committed by industrial-park enterprises.
Article
37.- The People’s Committees of the provinces and centrally cities where
the environment is adversely affected by activities of industrial parks situated
in other localities shall have the right and responsibility to submit to
functional bodies for consideration and settlement environment pollution
problems detected in their respective localities, which are certainly or
probably caused by industrial parks in other localities.
Chapter VII
REGIME OF REPORTING ON
THE ENVIRONMENT
Article
38.- If in their course of operation the industrial-park enterprises change
the production scales and/or technologies or waste-treating technologies, they
must immediately report such to the provincial/municipal Science, Technology
and Environment Services, the provincial-level industrial park management
boards and the industrial park infrastructure development companies that manage
them for the latter to consider, give opinions and conduct additional
examination of the environment.
Article
39.- The industrial-park enterprises shall have to periodically report on
the actual state of the environment in their establishments to the
provincial-level industrial park management boards and the provincial/municipal
Science, Technology and Environment Services and, at the same time, take legal
accountability for these reported statistics. Reports shall be made once every
six months.
Article
40.- The industrial park infrastructure development companies shall have to
periodically report once a year on the actual state of the environment, the
situation of performance of the environmental protection work as well as the
situation of receipt and operation of investment projects in their industrial
parks, with the brief description of the business lines and trades, the
capacity scope, total volume and concentration of assorted wastes, and the
waste-treating measures, to the provincial/municipal Science, Technology and
Environment Services and the provincial-level industrial park management
boards.
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REGIME OF SUPERVISION
AND INSPECTION OF THE ENVIRONMENT IN THE INDUSTRIAL PARKS
Article
41.- The State management bodies in charge of environmental protection
shall, within the scope of their respective powers and responsibilities, have
to supervise and inspect periodically or unexpectedly production and business
activities of the industrial park infrastructure development companies and
industrial-park enterprises.
Article
42.- The provincial-level industrial park management boards shall have to
coordinate with the environment inspectorate of the Ministry of Science,
Technology and Environment and/or the provincial/municipal Science, Technology
and Environment Services in supervising and inspecting the environment in
industrial parks in their respective localities.
Article
43.- The industrial park infrastructure development companies and
industrial-park enterprises shall have to create favorable conditions and
supply adequate and necessary information and materials for the environment
supervision and inspection teams in their work.
Article
44.- The environment inspection results shall be sent to the inspected
subjects for serving as a basis for remedying violations (if any) and
concurrently to the State management agencies in charge of environmental
protection and local authorities for use as a basis for monitoring and
direction of the settlement thereof.
Article
45.- The industrial park infrastructure development companies and
industrial-park enterprises that conduct activities in violation of the
Regulation on the protection of the environment in the industrial parks must
seriously abide by the requests of inspectors within the prescribed time
limits.
Chapter IX
COMMENDATION, AND
HANDLING OF VIOLATIONS OF THE REGULATION ON THE PROTECTION OF THE ENVIRONMENT
IN INDUSTRIAL PARKS
Article
46.- When detecting environment pollution caused by activities of
industrial parks, the State management bodies in charge of environmental
protection shall coordinate with the provincial-level industrial park
management boards and concerned agencies in investigating and identifying the
environment polluters.
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Article
48.- If industrial park infrastructure development companies and
industrial-park enterprises that deliberately obstruct the environment
monitoring, supervision and inspection work, their acts shall be recorded in
writing for submission to the provincial/municipal People’s Committees and/or
the Ministry of Science, Technology and Environment for handling decisions.
Article
49.- The time limit set for the industrial park infrastructure development
companies and industrial-park enterprises to abide by the requests stated in
the sanctioning records shall be three months at most. Past the three-month
time limit, if these units still fail to strictly abide by the requests stated
in the sanctioning records, their failure shall be recorded in writing and
proposals shall be made to competent bodies to issue decisions to stop
activities violating the environmental protection regulations till these units
fully and properly abide by the requests of the inspection teams.
Article
50.- Organizations and individuals shall be entitled to complain and
denounce to the State management agencies in charge of environmental protection
and concerned bodies about acts of violation of the Regulation on the
protection of the environment in industrial parks. The agencies that receive
complaints and/or denunciations shall have to consider and settle them
according to law provisions.
Article
51.- If organizations and individuals operating in industrial parks record
good merits in the environmental protection work, they shall be proposed for
commendation by agencies at corresponding levels according to the current
commendation regime.
Chapter X
IMPLEMENTATION
PROVISIONS
Article
52.- This Regulation takes effect 15 days after its signing. All previous
regulations contrary to this Regulation shall be hereby annulled.
Article 53.- The
provincial/municipal People’s Committees, the functional agencies, the
State management agencies in charge of environmental protection, the
provincial-level industrial management boards, the industrial park
infrastructure development companies and industrial-park enterprises shall have
to implement this Regulation.
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FOR THE MINISTER OF SCIENCE,
TECHNOLOGY AND ENVIRONMENT
VICE MINISTER
Pham Khoi Nguyen