THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.: 19/2015/ND-CP
|
Hanoi, 14
February 2015
|
DECREE
DETAILING
THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON ENVIRONMENTAL
PROTECTION
Pursuant to the Law on organization of
Government dated 25 December 2001;
Pursuant to the Law on environmental protection
dated 23 June 2014;
At the request of the Minister of of Natural
Resources and Environment,
The Government issues this Decree detailing the
implementation of a number of articles of the
law on environmental protection.
Chapter I
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Article 1. Scope of adjustment
This Decree stipulates in detail: Point dd, Clause
1, Article 38; Clause 5, Article 61; Clause 3, Article 68; Clause 7, Article
70; Clause 3, Article 75; Clause 5, Article 104; Clause 3, Article 146; Clause
2, Article 151; Clause 3, Article 167 of the Law on environmental protection,
including:
1. Environmental renovation, restoration and
deposit making for environmental renovation, restoration of mineral extraction
activities.
2. Control of land environment pollution.
3. Protection of handicraft village environment.
4. Environmental protection for importing
activities and used ship breaking.
5. Certifyation of environmental management system;
liability insurance for damages to the environment and handling of facilities
which cause serious environmental pollution.
6. Incentives and support for environmental
protection activities
7. Participation of residential community in
environmental protection.
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This Decree applies to organizations, agencies,
households and individuals operating in the territory of the Socialist Republic
of Vietnam, including the mainland, islands, waters and airspace.
Article 3. Interpretation of
terms
In this Decree, the following terms are construed
as follows:
1. Environmental renovation and restoration are
activities to bring the environment and ecosystem in the effected environmental
area closer to the original state of the environment or achievement of
standards and regulations on safety, environment in service of purposes useful
to human being.
2. Deposit making for environmental renovation and
restoration is that the organizations or individuals deposit an amount of money
in the Vietnam
Environment Protection Fund or the local environmental protection fund
(referred to as environmental protection fund) to ensure the responsibility for
the environmental renovation and restoration of organizations and
individuals for mineral extraction activities.
3. Plan for environmental renovation and
restoration is the solutions to environmental renovation and restoration in
mineral extraction activities approved by the competent state authorities.
4. Waste treatment is the process of using
technological and technical solutions (different from pre-processing) in order
to reduce, eliminate, isolate, burn, destroy or bury waste and hazardous elements
in such waste.
5. Waste treatment facilities includes the
hazardous waste treatment facility, the domestic solid waste treatment facility
and normal waste treatment facility
6. Technical infrastructure for protection of
handicraft village receiving the encouraged development includes the
centralized water drainage, collection and treatment of wastewater system,
point system and means of collection, gathering and transport of normal solid
waste and hazardous waste and trees in public areas.
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8. Environmentally friendly facilities are the one
meeting criteria of effectively using energy, water saving, reduction, re-use and
re-cycling of waste.
9. Environmentally friendly products are the ones
meeting criteria of eco-label criteria and eco-label certification.
10. Residential community is the community of
people living in the same hamlet, village, mountain village, highland village,
residential group and residential point.
Chapter II
ENVIRONMENTAL RENOVATION
AND RESTORATION AND PAYMENT OF DEPOSIT FOR ENVIRONMENTAL RENOVATION AND
RESTORATION FOR MINERAL EXTRACTION ACTIVITIES
Article 4. General provisions
on environmental renovation and restoration for mineral extraction activities
1. All organizations and individuals extracting
minerals must have plan for environmental renovation and restoration and
deposit making for environmental restoration to be submitted to the competent
state authorities for approval.
2. The plan for environmental renovation and
restoration must consist with the social – economic development planning, the
mineral extraction planning and land use and environmental protection planning
of localities.
3. The environmental renovation and restoration
must be done during the mineral extraction.
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Article 5. Subjects for
preparing plan for environmental renovation and restoration and additional plan
for environmental renovation
1. The subjects that must prepare plan for
environmental renovation and restoration (hereafter referred to as plan)
include:
a) Organizations and individuals preparing dossier
to request the issue of mining license;
b) Organizations and individuals that are carrying
out their mineral extraction but have not had the approved plan or have not
made a deposit for environmental restoration
c) Organizations and individuals extracting
minerals already have the approved plan but fail to implement it within 24
months from the time of approval must prepare plan again.
2. The subjects that must prepare additional plan
for environmental renovation and restoration (hereafter referred to as
additional plan) include:
a) Organizations and individuals that already have
the mining license and approved plan but have changed the area, depth and
capacity of mineral extraction;
b) Organizations and individuals that request the
change of contents of environmental renovation and restoration compared with
the approved plan.
3. The following cases do not need to prepare plan:
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b) Households and individuals that carry out the
mineral extraction for common building materials in the residential land area
of the land use right of the households and individuals for building works in
such area.
Article 6. Time to prepare and
submit for assessment of contents of plan and additional plan
1. The time to prepare and submit for assessment of
contents of plan and additional plan is provided for as follows:
a) Organizations and individuals having mineral
extraction investment project specified at Point a, Clause 1, Article 5 must
prepare and submit it to the competent authorities for assessment and approval
before asking for the issue of mining license.
b) Organizations and individuals specified under
Point b, Clause 1, Article 5, in addition to sanctioning of administrative
violations, must prepare and submit the plan to the competent authorities for
plan assessment and approval before 31 December 2016;
c) Organizations and individuals specified in
Clause 2, Article 5 must prepare and submit the plan to the competent
authorities for additional plan assessment and approval before asking for issue
of new mineral license or change of solutions to environmental renovation and
restoration.
2. The plan includes the following contents:
a) Characteristics of mineral extraction, current
state of the natural, economic and social environment, and ecological system
affected during the mining;
b) Solutions to environmental renovation and
restoration; analysis, evaluation and selection of best solution for
environmental renovation and restoration;
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d) Implementation
plan; division of implementation plan by each year and each stage of
environmental renovation and restoration; the management and monitoring program
during the environmental renovation and restoration; plan for inspection and
certifyation of plan completion;
dd) Cost estimate for environmental renovation and
restoration for each item of environmental renovation and restoration of the
selected plan; deposits as per road map.
3. Additional plan includes the following main
contents:
a) Characteristics of mineral extraction, current
state of the natural, economic and social environment of the project area at
the time to prepare additional plan;
b) Changes in contents of environmental renovation
and restoration compared with the approved plan; analysis, assessment and
selection of best solution for environmental renovation and restoration;
c) Additional list and volume of items of
environmental renovation and restoration;
d) Implementation plan; division of implementation
plan by each year and each stage of environmental renovation and restoration;
the management and monitoring program during the environmental renovation and
restoration; plan for inspection and certifyation of additional plan
completion;
dd) Cost estimate for environmental renovation and
restoration for each additional item of environmental renovation and
restoration, excluding the implemented items;
Article 7. Assessment and
approval for plan and additional plan
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a) The Ministry of Natural Resources and
Environment shall assess and approve plan and additional plan of mining
projects under its authority to issue the mining license;
b) The
People’s Committee of provinces and centrally-run cities (referred to as
provincial People’s Committee) shall assess and approve plan and additional
plan of mining projects under its authority to issue the mining license;
2. The assessment of plan and additional plan is
done through the assessment board. The composition of the board includes
representatives of state management agencies on environmental, geological and
mineral protection, expert related to the field of such plan, including:
Chairman of the board, a deputy Chairman in case of necessity; one secretary, two
opponents and other members. For plan under the assessment and approval
authority of the Ministry of Natural Resources and Environment, the composition
must include the representative of provincial People’s Committee where the plan
is carried out.
3. The funding for assessment of plan or additional
plan shall be born by the organizations and individuals carrying out the
mineral extraction under regulations of law.
Article 8. Deposit making for
environmental renovation and restoration of mineral extraction activities
1. The amount of deposit is equal to the total
funding of works items of environmental renovation and restoration. The funding
for each item of works of environmental renovation and restoration must apply
the norm and unit price of localities at the time of preparation for plan or
additional plan. In case the locality has no norm or unit price, the norm or
unit price of respective Ministry or sector. In case the Ministry or sector has
no norm or unit price, the market price shall be applied.
2. Organizations and individuals extracting
minerals must make deposit annually or by each stage taking into account of
inflation factors.
3. Organizations and individuals extracting
minerals must make deposit in the Vietnam Environment Protection Fund or the local
environmental protection fund. The deposit shall be refunded in Vietnam dong.
4. The deposit shall be entitled to interest which
is equal to the borrowing interest of the environmental protection fund where the deposit is made and
is calculated from the time of depositing. Organizations and individuals shall
draw interest only once after having certification of completion of all
contents of plan or additional plan.
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6. Where the organizations and individuals have made deposit but been
dissolved and have not carried out the environmental renovation and restoration
in accordance with the approved plan or additional plan, the agency having
authority to approve the plan or additional plan shall use the amount of
deposit including its interest for implementation of environmental renovation
and restoration.
Article 9. Certifyation of
completion of plan or additional plan
1. Organizations and individuals, after having
completed each part or the whole contents of environmental renovation and restoration
as per the approved plan or additional plan, shall prepare dossier of
completion of plan or additional plan to request the inspection and
certifyation of completion from the competent authorities.
2. The competent authorities having the authority
to do the inspection and certifyation of completion of plan or additional plan
is the authorities approving such plan or additional plan.
3. The inspection and certifyation of completion of
entire contents of plan or additional plan is done during the acceptance of
result of mine closing plan. The contents of decision on mine closing include
the content of completion of entire plan or additional plan. The decision on
mine closing supersedes the certifyation of completion of entire plan or
additional plan.
Article 10. Responsibility of
management authorities and units
1. Responsibilities of the Ministry of Natural
Resources and Environment:
a) Develop and issue instructions on order, procedures,
assessment contents, approval, inspection and certifyation of plan or addtional
plan, deposit making for environmental renovation and restoration for mineral
extraction activities;
b) Uniformly carry out the state management on
environmental renovation and restoration and deposit making for environmental
renovation and restoration for mineral extraction activities;
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d) Develop and issue the technical instructions on
environmental protection, renovation and restoration in mineral extraction
activities;
dd) Perform the periodic examination and inspection
of environmental protection, renovation and restoration of organizations and
individuals doing the mineral extraction and report to the Prime Minister on
implementation result.
2. Responsibilities of ministries,
ministerial-level agencies, government agencies (referred to as ministries and
sectors):
a) Coordinate with the Ministry of Natural Resources
and Environment in development and issue or submission to the competent level
for the issue of documents related to the environmental renovation and
restoration and deposit making for environmental renovation and restoration for
mineral extraction activities;
b) Coordinate with the Ministry of Natural
Resources and Environment and other agencies and organizations in
implementation of regulations on environmental renovation and restoration and
deposit making for environmental renovation and restoration for mineral
extraction activities in accordance with the provisions in this Decree;
c) The Ministry of Finance shall take charge and
coordinate with the Ministry of Natural Resources and Environment in
instruction, management and use of deposit for environmental renovation and
restoration from the environmental protection funds.
3. Responsibilities of the provincial People's
Committees:
a) Assess, approve, inspect and certify the
completion of plan or addtional plan under its authority;
b) Examine, inspect and provide instructions on
environmental renovation and restoration and deposit making for environmental
restoration of the organizations and individuals doing the mineral extraction
in their management area;
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4. Responsibilities of environmental protection
funds:
a) Receive and confim in writing on deposit making
of organizations and individuals doing mineral extraction;
b) Refund the deposit and its interest to the
organizations and individuals under regulations;
c) Manage and use deposit in accordance with
regulations of law. Make annual report to the provincial People’s Committee,
the Ministry of Natural Resources and Environment and the Ministry of Finance
on the reality of management and use of deposit.
d) Urge organizations and individuals extracting
minerals to make deposit for environmental renovation and restoration on
schedule and request the competent authorities to issue penalty decision due to
late deposit.
5. Responsibilities of organizations and
individuals extracting minerals
a) Prepare and submit plan or addtional plan to the
competent level for assessment and approval; inform the contents of approved
plan or addtional plan to the People’s Committee or communal Fatherland Front
Committee where there are mineral extraction activities for inspection and
supervision;
b) Carry out the environmental renovation and
restoration and deposit for environmental renovation and restoration in
accordance with regulation;
c) Develop and submit to the competent level,
request the inspection and certify the completion of each part or the entire
plan or addtional plan;
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dd) Report the implementation of environmental
renovation and restoration and deposit making for environmental renovation and
restoration to the agency approving the plan or addtional plan and the agency
managing the environmental protection at localities before 15 December of each
year.
Chapter III
CONTROL OF LAND
ENVIRONMENT POLLUTION
Article 11. Identifying,
listing, assessing and controlling factors prone to cause land environment
pollution
1. The factors prone to cause land environment
pollution to be identified, listed, assessed and controlled are the pollutants
generated from:
a) Natural process: Climate change, flooding,
saltwater intrusion, desertification, deposition of pollutants from the
atmospheric circulation, natural disasters and natural weathering;
b) Human activities: Activities generate intentional
or unintentional chemicals; wastes from agricultural, industrial production,
business, services, livelihood; mineral extraction and processing; recycling
and waste treatment; retention and residues of plant protection chemicals and
chemical warfare agents.
2. The control of factors prone to cause land
environment pollution must be done as follows:
a) Application of preventive measures and
restricting effects on environment from the generating sources;
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c) Timely isolation and treatment upon signs of
environmental pollution.
3. The Ministry of Natural Resources and
Environment shall take charge and coordinate with the Ministries, sectors and
localities in review and aggregation and request the Prime Minister to issue
the List of sources, business and production facilities and services generating
factors of land environment pollution to be strictly controlled; provide
instructions on listing, assessment, identification and preventive and
controlling measures over the factors prone to cause land environment
pollution.
Article 12. Control of land
environment pollution at services, business and production facilities
1. The services, business and production facilities
must take measures to strictly monitor and supervise stages and areas
generating factors prone to cause land environment pollution; promptly detect,
isolate and handle factors prone to cause land environment pollution upon signs
of pollution; prepare and carry out plan for prevention and response to environmental
incidents under regulations of law.
2. The following facilities must observe the
quality of land environment periodically and report the result to the
environmental management under regulations of the Ministry of Natural Resources
and Environment:
a) Waste treatment facilities;
b) Mineral extraction facilities;
c) Chemical production facilities and services,
business and production facilities using hazardous chemicals of the List of
waste observation issued by the Ministry of Natural Resources and Environment
as stipulated in Clause 2, Article 121 of the Law on environmental pollution.
3. Upon transfer of land use right, the receiver of
land use right has the right to request the transferer of land use right to
provide information on the quality of land environment in the area of transfer
of land use right.
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Article 13. Control of land
environment pollution in the areas polluted with chemical warfare agents,
residues of plant protection chemicals and other hazardous substances
1. The polluted land areas under the treatment
responsibility of the State include:
a) The area of land environment pollution due to
chemical warfare agents;
b) The area of land environment pollution due to
residues of plant protection chemicals
c) The area of land environment pollution without
identified pollutants.
2. The control of land environment pollution under
the treatment responsibility of the State and must be done as follows:
a) Listing and preliminarily surveying the polluted
areas and assessing the preliminary risks;
b) Surveying in detail, determing scope, extent of
pollution and assessing risks of pollution;
c) Developing models and solutions to pollution
treatment and environmental renovation and restoration;
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dd) Peforming survey and monitoring after the
environmental treatment, renovation and restoration.
3. The
provincial People’s Committee shall prepare plan for environmental treatment,
renovation and restoration for the subjects specified in Clause 1 of this
Article to be submitted to the Ministry of Natural Resources and Environment
for assessment and approval.
Where the organizations and individuals need the
environmental treatment, renovation and restoration for other purposes of use,
they must prepare the plan for the environmental treatment, renovation and
restoration to be submitted to the provincial People’s Committee for
assessment, approval, inspection and certification of completion of
environmental renovation and restoration before land use.
4. The facilities named in the list specified in
Clause 3, Article 11 of this Decree not being the subjects specified in Clause
1 of this Article must organize the survey, assessment, zoning, treatment and
restoration upon occurrence of land environment pollution.
5. The quality of land environment in areas polluted
with chemical warfare agents, residues of plant protection chemicals and other
hazardous chemicals must be publicized to the related organizations and
individuals.
Article 14. Responsibilities
for control of land environment pollution of agencies
1. Ministry of Natural Resources and
Environment:
a) Develops
regulations and instructions on assessing the receipt capacity of land
environment as per the purpose of use;
b) Issues the instructions on identification,
listing, assessment, zoning and control of factors prone to cause land
environment pollution, provides information on quality of land environment,
certifies the quality of land in areas of transfer of purpose of land use to
residential land or commercial land specified in Clause 4, Article 12 of this
Decree;
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d) Aggregates and publicizes the quality of land
environment and factors prone to cause land environment pollution nationwide;
dd) Provides method for publicizing information
about the quality of land environment.
2. The Ministry of Defense, Ministry
of Public Security shall take charge and coordinate with the provincial
People's Committee to conduct a survey and do statistics of information about
the quality of land environment of land used for national defense and security
and send the results to the Ministry of Natural Resources and Environment for
synthesis; organizes the treatment of areas with polluted land under their
management.
3. Provincial People's Committee:
a) Organizes survey, assessment and publicizes
information about factors prone to cause land environment pollution in the
areas; observes the quality of land environment in public areas;
b) Publicizes information about the quality of land
environment (map, report on assessment of land quality, land
degradation
and land pollution) under regulations of law on land; updates information on
the control of land environment pollution in the areas in the national
information system on control of land environment pollution.
c) Issues the warning towards the areas with the
land quality inconsistent with the purpose of use; monitors and supervises the
preparation and implementation of plan for treatment, renovation and
restoration of land environment to consist with the purpose of use of land
users or polluters named in the list specified in Clause 3, Article 11 of this
Decree.
d) Implements the treatment of areas
with polluted land
Chapter IV
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Article 15. General provisions
on protection of handicraft village environment
1. The plan for protection of handicraft village
environment includes the contents, methods, order of implementation of
protection of handicraft village environment; types and volume of generated
wastes; organization of protection of handicraft village environment in
general, measures of reduction, collection and treatment of wastes generated
from handicraft villages; arrangement of resources for implementation of
environmental protection and responsibilities of related organizations
2. Infrastructure of environmental protection of
handicraft villages with no less than 20% of the number of production
facilities which have business categories receiving the encouraged development
(referred to as handicraft village receiving the encouraged development) is
invested from the state budget. The provincial People’s Committee shall
allocate its local budget for technical infrastructure investment for
environmental protection of handicraft village receiving the encouraged
development and mobilize resources for technical infrastructure investment to
protect the environment of handicraft villages in the area.
3. The production facilities which have business
categories receiving the encouraged development at handicraft village are the
ones named in the list specified in Annex I of this Decree. The Ministry
of Natural Resources and Environment shall take charge and coordinate with the
Ministries, sectors and localities in review for submission to the Prime
Minister for amendment or supplementation of Annex I of this Decree in
accordance with reality from time to time.
4. The Ministry of Natural Resources
and Environment shall issue or request the competent level to issue incentive
and supportive mechanisms and policies for facilities which have business
categories receiving the encouraged development and handicraft villages
receiving the encouraged development; coordinate with the Ministry
of Natural Resources and Environment to provide for the criteria on
environmental protection in recognition of handicraft villages.
Article 16. Responsibilities
for environmental protection of production facilities in handicraft villages
1. Fully implementing measures of environmental
protection mentioned in the report on environmental impact assessment,
commitment of environmental protection, detailed environmental protection
scheme, simple environmental protection scheme or report on measures of
environmental protection.
Where the production facilities which have business
categories receiving the encouraged development in the handicraft village have
not the report on environmental impact assessment, commitment of environmental
protection, detailed environmental protection scheme, simple environmental
protection scheme, they must prepare the report on measures of environmental
protection, describe activities of facilities, types of waste, measures of
reduction and control of dust, temperature, noise, vibration, on-the-spot
collection and treatment of wastewater, classification, storage, self-treatment
or transfer of solid wastes which shall be sent to the local environmental
management agency for testing and monitoring.
2. Contributing all of the environmental protection
fees and financial obligations under regulations of law for the environmental
protection of handicraft village.
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Article 17. Responsibilities
of communal People’s Committee
1. Prepares and submit the plan for protection of
handicraft village environment in the areas for implementation.
2. Urges the preparation of contents of
environmental protection in the village convention or regulation of handicraft
villages.
3. Arranges officers qualified for law and
environmental management to monitor the implementation of protection of
handicraft village environment; provides instructions on activities of
self-regulatory organizations for environmental protection of handicraft
villages.
4. Gives priority to the allocation of
environmental non-business funding and other funding for environmental
protection, investment and renovation of technical infrastructure works for
environmental protection in the handicraft villages which are encouraged to
develop in the areas.
5. Carries out the management, operation and
maintenance properly upon handover of technical infrastructure projects
or works for protection of handicraft village environment.
6. Regularly provides instruction and inspect the
implementation and handle violations of law on environmental protection of the
facilities in the areas.
7. Propagates, disseminates information and improve
conciousness for people about the responsibilities for environmental
protection; gives instructions to facilities on recovery, recycling, re-use and
treatment on the spot of wastes.
8. Publicizes information about the environmental
reality and protection of handicraft village environment on the local mass
media, via politica-social unions and organizations at localities and in
the meetings of communal People’s Committee and People’s Council.
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Article 18. Responsibilities
of district People’s Committee
1. Carries out the survey and listing of handicraft
villages and handicraft villages receiving the encouraged development,
production facilities which have business categories receiving the encouraged
development inthe handicraft villages in the area; directs district business
registration agency to consider and revoke the business household Certificate
of the production facilities in the handicraft villages which do not have the
business categories receiving the encouraged development, do cause serious
environmental pollution and not ensure the required distance from residential
areas.
2. Urges, approves and provides instructions to the
communal People’s Committee on implementing and inspecting the implementation
of plan for protection of handicraft village environment.
3. Directs the development, inspection and
monitoring of implementation of environmental protection specified in the
village regulation or convention of handicraft villages.
4. Reviews and suggests the planning of
concentrated industrial clusters or arrangement of livestock area and
concentrated production area outside residential area that meet the regulations
on environmental protection to plan and implement the relocation of production
facilities which do not have business categories receiving the encouraged
development and cause environmental pollution out of residential areas.
5. Gives priority to the allocation of
environmental non-business funding for environmental management and funding
from other sources for investment, building, upgrade and renovation of
technical infrastructure works for environmental protection in the handicraft
villages which are encouraged to develop in the areas.
6. Provides instructions, carries out the
examination, inspection and handles violation of law on environmental
protection of production facilities in the area.
7. Propagates and disseminates regulations of law
on environmental protection; organizes activities to encourage the services,
business and production facilities to apply cleaner production solutions,
environmentally friendly technologies, collection and recycling of waste
materials.
8. Publicizes information about the environmental
reality, protection of handicraft village environment on the local mass media
and and in the meetings of district People’s Committee and People’s Council.
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Article 19. Responsibilities
of provincial People’s Committee
1. Aggregates and publicizes the list of handicraft
villages and handicraft villages receiving the encouraged development,
production facilities which have business categories receiving the encouraged
development; the plan for handicraft village development and plan for
conversion of business categories or relocation out of residential area for the
production facilities which do not have business categories receiving the
encouraged development and cause environmental pollution in the area.
2. Allocates funding from local budget for the protection
of handicraft village environment. Gives priority to the allocation of
environmental non-business funding and other sources of funding for
environmental management and investment in building works for environmental
protection, renovation and upgrade of technical infrastructure works for
environmental protection to the handicraft villages which are encouraged to
develop.
3. Develops and issues or requests the competent
authorities to issue and implement the incentive and supportive mechanisms and
policies to the production facilities which have business categories receiving
the encouraged development; supportive mechanisms and policies to the
facilities which cause environmental pollution and must be relocated out of
residential area or must convert their production categories.
4. Ensure conditions for environmental protection
in recognition of handicraft villages.
5. Assesses the extent of handicraft village
pollution, prepares plans for treating the pollution of handicraft village
environment, including:
a) Calculates volume of wastewater, waste gas,
common solid waste and hazardous solid waste generated from the facilities in
the handicraft villages;
b) Assesses the extent of environmental pollution
of surface water, underground water, land and ambient air;
c) Prepares and takes measures to remedy the
pollution of handicraft village environment.
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7. Manages the collection, transport, re-cycling
and treatment of rural waste or waste from operation of facilities in the
handicraft village.
8. Provides instructions, examines, inspects and
handles violations of law on environmental protection of the production
facilities in the area.
9. Publicizing information about the environmental
reality and the protection of handicraft village environment on local mass
media and in the meetings of provincial People’s Committee and People’s
Council.
10. Reports to the Ministry of Natural Resources
and Environment on the environmental protection and generation and treatment of
wastes from handicraft villages in the area once a year before 31 December of
each year or irregularly upon requirement.
Article 20. Responsibilities
of the Ministry of Natural Resources and Environment
1. Issues or requests the competent authorities to
issue regulations and conditions on environmental protection for handicraft
villages; the national technical Regulation on environment for production
facilities which have business categories receiving the encouraged development;
coordinates with the Ministry of Finance to issue or requests the competent
level to issue the supportive and incentive mechanisms and policies on
environmental protection for production facilities which have business
categories and handicraft villages receiving the encouraged development.
2. Manages and updates information and data on
protection of handicraft village environment nationwide; publicizes the list of
handicraft villages causing environmental pollution and handicraft villages
causing serious environmental pollution; instructs and inspects the implementation
of regulations on protection of handicraft village environment.
3. Provides instructions on waste treatment
generated from the activities of production facilities which are encouraged in
the handicraft villages.
4. Provides instructions on contents and order of
development and approval for the handicraft village environment protection
plan; prepares reports on measures of environmental protection of production
facilities which are encouraged in the handicraft villages.
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Article 21. Policies on
encouraged development of handicraft villages and production facilities which
have business categories receiving the encouraged development
1. Given priority to the allocation of budget for
construction of environmental protection infrastructure under relevant laws;
introduction and promotion of products in activities of commerce, tourism,
training, dissemination of knowledge about environmental protection to the
residential communities, self-regulatory organizations on environmental
protection and communal environmental management officers.
2. Given priority in the process of review and
approval and lending of incentive capital of credit institutions on
environment, Vietnam
Environment Protection Fund, the sectoral environmental protection fund
and the
local environmental protection fund for environmental protection proejcts under
regulations on operational organization of the environmental protection fund.
3. Given priority in the review and selection of
implementation of industrial and agricultural extension program and national
target program on new rural development; given priority in receiving and
implementing the models of waste treatment from international projects, duties,
themes and projects from the state budget.
Chapter V
ENVIRONMENTAL PROTECTION
FOR IMPORT OF USED SHIPS FOR BREAKING
Article 22. Environmental
protection requirements for used ship breaking facilities
1. The project to build the ship breaking
facilities must have the report on environmental impact assessment approved by
the Ministry of Natural Resources and Environment.
2. The ship breaking facilities must apply the
environmental management system standard as per the national standard TCVN ISO
14001.
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a) Plan for prevention, response and remedy of
environmental incidents during ship breaking;
b) Plan for collection, storage, transport and
treatment of common and hazardous wastes during ship breaking;
c) Measures to treat wastewater and waste gas
generated from the ship breaking to ensure the compliance with relevant
national technical regulations on environment;
The Ministry of Natural Resources and Environment
shall provide specific instructions on the procedures, dossier and organize the
assessment and approval for environmental protection plan in used ship breaking
activities.
4. The process of assessment and certification of
environmental protection plan in used ship breaking activities.
a) The ship breaking facilities send the
environmental protection plan in used ship breaking activities to the General
Department of Environment 60 days before ship breaking as per the form
specified in Annex IV of this Decree;
b) Within 20 days, the General Department of
Environment shall organize the assessment and certification of environmental
protection plan in used ship breaking activities.
c) Where the environmental protection plan in used
ship breaking activities meet the requirements for environmental protection
under regulations of law, within 10 days, the General Department of Environment
shall issue a decision on approving the environmental protection plan in used
ship breaking activities. The form of approval decision is specified in Annex V
of this Decree;
d) Where the environmental protection plan in used
ship breaking activities does not meet the requirements for environmental
protection under regulations of law, within 5 days, the General Department of
Environment shall give a written notice specifying reasons.
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a) Having dry dock or specialized open space on
land and appropriate ashhore towing equipment ashore and ensuring conditions
for environmental protection to be the direct site for ship breaking;
b) Having technologies and equipment to break and
treat accompanied impurities meeting environmental technical regulation and in
accordance with laws on waste management;
c) Having technical equipment and measures to
control the pollution and environmental protection at the site of ship
breaking;
d) Having employees who were issued with
operational training certificate on environmental protection as required by the
Ministry of Natural Resources and Environment.
Article 23. Environmental
protection requirements to the imported ships for breaking
1. The import of ship for breaking, in addition to
the implementation of importing procedures under current regulations, must
present the certification of conformity with the environmental national
technical regulations to the ships imported for breaking issued by the
conformity certification organization.
2. The Ministry of Natural Resources and
Environment shall appoint the conformity certification organization under
regulations of law on technical regulations and standards; provide instructions
on the order and procedures for assessing conditions for environmental
protection to the ships imported for breaking.
Article 24. Responsibilities of
the Ministries, agencies and provincial People’s Committee for the import of
used ships for breaking
1. The Ministry of Natural Resources and
Environment shall take charge in organizing the implementation of regulations
on environmental protection for the import of used ships for breaking.
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3. The Ministries and sectors concerned within
their authority shall coordinate with the Ministry of Natural Resources and
Environment to implement the regulations on environmental protection for the
import of used ships for breaking.
4. Within their power, the provincial People’s
Committees shall organize the inspection and monitoring of compliance with law
on environmental protection in the activities of ship breaking facilities under
the provisions in this Decree and other relevant laws.
Chapter VI
CERTIFICATION OF
ENVIRONMENTAL MANAGEMENT SYSTEM; INSURANCE ON ENVIRONMENTAL DAMAGE COMPENSATION
LIABILITY; HANDLING OF FACILITIES CAUSING SERIOUS ENVIRONMENTAL POLLUTION
Section 1: CERTIFICATION OF
ENVIRONMENTAL MANAGEMENT SYSTEM
Article 25. Subjects obliged
to implement certification of environmental management system
1. The services, business and production facilities
which have come into operation with large amount of waste and prone to serious
impact on environment named in the list specified in Annex II of this Decree
must implement the certification of environmental management system.
2. The facilities having the valid certificate of
conformity with national standard TCVN ISO 14001 issued by a certification
organization which has registered its operational fields under regulations of
law shall not have to implement the certification of environmental management
system.
The head of facilities must send a written
commitment to the agency with certification authority to certify confirm the
compliance with all contents specified in Article 27 of this Decree.
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Article 26. Time to implement
certification of environmental management system.
1. The facilities which are carrying out their
services, business and production activities must implement the certification
of environmental management system for the first time within 12 months from the
effective date of this Decree.
2. The facilities not being the subjects specified
in Clause 1 of this Article must implement the certification of environmental
management system for the first time after having carried out their services,
business and production activities for 12 months but no more than 24 months
from the time the facilities carried out their services, business and
production activities.
Article 27. Contents of
environmental management system
1. Contents of environmental management system:
a) Plan or
process of operating the production facilities in accordance with the
regulations of law on environmental protection;
b) Commitment to using the procedures and production
equipment effectively to save energy and raw materials and reduction in
environmental pollution;
c) Establishment and maintenance of procedures for
continuous monitoring of environmental impact of production activities; environmental
objectives and indicators for the environmental protection and assessment of
their effectiveness;
d) Determination, implementation and maintenance of
role, responsibility and power of facilities leadership and employees on
environmental protection; arrangement of officers in charge of environmental
management; provision of necessary resources to implement the environmental
protection of the facilities;
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e) Priority policies for the suppliers and
contractors recognized as the environmentally friendly facilities or having
products with eco-labels.
g) Plan for
publication of annual environmental report; plan for provision of information
to customers and surrounding community on necessary measures for environmental
protection.
2. The environmental management system must be
adjusted in a timely manner with the changes during the facilities’ operation.
Article 28. Certification of
environmental management system
1. Dossier to request the certification of
environmental management system:
a) Application for certification of environmental
management system;
b) Report on environmental management system of the
facilities;
2. Owner of services, business and production
facilities shall send dossier to request the certification of environmental
management system to the agency with certification authority. The owners of facilities
have the right to send dossier for certification by e-mail.
3. After receiving the dossier, the agency with
certification authority shall review it and give a written notice to the
facility owner for completion of dossier within 03 days in case of invalidity
or incompleteness;
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In case of failure to issue the certificate of
environmental management system, the agency with certification authority shall
give a written notice to the facility owner specifying the reasons.
5. The certificate of environmental management
system is valid in 05 years from the date of issue.
6. The Ministry of Natural Resources and
Environment provides for the form of report, order and procedures for
certification of environmental management system of the facilities.
Article 29. Authority to
certify the environmental management system
1. The Ministry of Natural Resources and
Environment shall certify the environmental management system for facilities
not related to the field of national defense and security.
2. The Ministry of National Defense and the
Ministry of Public Security shall certify the environmental management system
for the facilities related to the field of national defense and security.
Article 30. Change and
re-certification of environmental management system
1. Where the facilities have changes towards
reduction in requirement and responsibility for environmental protection
determined in the environmental management system or changes in scale, capacity
and technology that increase negative impact on the environment, such changes
must be approved in writing of the certification agency. This agency shall
reply in writing within 20 days from the date of receipt of valid dossier.
2. The facilities must submit dossier for
re-certification of environmental management system at least 90 day in advance
before the expiration of certificate of environmental management system. The
dossier includes:
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b) Certificate of environmental management system;
c) Report on compliance with the contents of
environmental management system which has been certified.
If there are changes in the contents of
environmental management system which has been certified, the facilities must
specify such changes.
3. The process of re-certification of environmental
management system shall comply with the provisions in Article 28 of this Decree.
The time limit for processing of dossier and re-issue of certificate of
environmental management system is no more than 20 days.
Section 2:
INSURANCE ON ENVIRONMENTAL DAMAGE COMPENSATION LIABILITY
Article 31. Organizations and
individuals buying insurance on environmental damage compensation liability
1. Organizations and individuals having the
following business and production activities must buy the insurance on
environmental damage compensation liability or appropritate provision funds under
regulations of law:
a) Oil and gas activities including the searching,
exploration, mine development and extraction, including direct activities for
such activities;
b) Production and business of chemicals, oil and
gas;
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d) Storage, transport and treatment of dangerous
waste; transport of dangerous goods.
2. Based on the type, scale, nature and location of
operation, the Ministry of Natural Resources and Environment shall take charge
and coordinate with the Ministry of Finance and other relevant agencies to make
a lists of subjects which must buy the insurance on environmental damage
compensation liability; provide for the minimum liability for each subject.
3. The Ministry of Finance shall coordinate with
the Ministry of Natural Resources and Environment to stipulate in detail the
appropriation of provision funds.
Article 32. Insurance subjects
1. The insurance subjects of the insurance on
environmental damage compensation liability is the liability of organizations
and individuals buying insurance for generated costs to execute the
environmental damage compensation liability in the following cases:
a) Water environment for the purpose of
conservation, life activities, entertainment, production and other purpose is
polluted, severely polluted or particularly severely polluted;
b) Land environmental for the purpose of
conservation, life activities, entertainment, production and other purpose is
polluted, severely polluted or particularly severely polluted;
c) Natural ecosystem which does or does not belong
to the natural conservation is degraded;
d) Endangered, precious and rare species which are
given the prioritized protection under regulation of law are killed or wounded.
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Section 3: HANDLING FACILITIES
CAUSING SEVERE ENVIRONMENTAL POLLUTION
Article 33. Principles and
grounds to identify facilities causing severe environmental pollution
1. The identification of facilities which cause
environmental pollution or severe environmental pollution must be done
objectively, equally and in accordance with law; depending on the environmental
national technical regulation and seriousness of acts of violation causing
environmental pollution, including:
a) Acts of wastewater, emission and dust discharge
exceeding the environmental national technical regulations;
b) Acts of causing noise and vibration exceeding
the environmental national technical regulations;
c) Acts of landfill or discharge into soil or water
environment of pollutants in solid, liquid or muddy form improperly that makes
the soil or water environment exceed the national technical regulation on the
surrounding environmental quality.
2. Determinants of seriousness of violation of acts
causing environmental pollution
a) For the acts specified under Point a, Clause of
this Article, including: volume of wastewater, discharge of waste gas and dust
from the facilities; a number of times exceeding the environmental national
technical regulation of the specific environmental parameters exceeding the
national technical regulation on waste existing in wastewater, waste gas and
dust from the facilities;
b) For the acts specified under Point b, Clause 1
of this Article, including: a number of times exceeding the national technical
regulation on noise, vibration, subjects affected, point of time and location
of acts;
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3. The environmental parameters exceeding the
environmental national technical regulation determined on the basis of result
of observation of such environmental parameters compared with the corresponding
environmental national technical regulation. The observation must be done by
the unit having certificate of eligibility for operating the environmental
observation services.
4. The Ministry of Natural Resources and
Environment provides for the criteria to identify the facilities causing severe
environmental pollution.
Article 34. List of facilities
causing severe environmental pollution and measures to treat the environmental
pollution
1. After receiving the sanctioning of
administrative violation, the facilities causing severe environmental pollution
must be included in the list with the measures to treat the environmental
pollution and time of implementation, except for cases of suspension or ban
from operation.
2. The measures to treat the environmental
pollution for the facilities severe environmental pollution when included in
the list are:
a) Relocation to a site in accordance with the
planning and bearing capacity of the environment;
b) Renovation, upgrade or building of new waste
treatment system up to the environmental national technical regulation;
c) Environmental renovation and restoration in the
polluted area.
3. During the implementation of measures to treat
the environmental pollution, the facilities causing severe environmental
pollution must take appropriate measures to reduce pollution. Such measures
must be determined in the list of facilities causing severe environmental
pollution.
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Article 35. Order and
procedures for deciding the list of facilities causing severe environmental
pollution
1. The agencies having functions of inspection or
examination on environmental protection must send the Department of Natural
Resources and Environment the result of inspection and examination and relevant
dossier within 05 days from the date of issuing the notice of conclusion of
inspection and examination (except for the facilities which shall be inspected
or examined by the Ministry of Defense, Ministry of Public Security).
2. Within 30 days after receipt of result of
inspection or examination on environmental protection, the result of expertise
solicitation from the competent state authorities and based on the criteria of
classification of facilities causing severe environmental pollution, the
Department of Natural Resources and Environment shall make list of facilities
causing severe environmental pollution in the area for report to the provincial
People’s Committee, the Ministry of Natural Resources and Environment and send
such list to the related Ministries and sectors.
3. Within 20 days after receipt of report from the
Department of Natural Resources and Environment, the provincial People’s
Committee shall aggregate the list of facilities causing severe environmental
pollution and make a report on the list of facilities causing severe
environmental pollution in the area and relevant dossiers to the Ministry of of
Natural Resources and Environment for review, summary and report to the Prime
Minister; for the facilities under the management of the Ministries or sectors,
such facilities shall be included in the list after the consultation with the
Ministries or sectors;
4. Within 30 days after the issue of result of
examination or inspection on environmental protection, the result of expertise
solicitation and the criteria of classification of facilities causing severe
environmental pollution, the specialized environmental protection agencies of
the Ministry of Defense and the Ministry of Public Security shall make a list
of facilities causing severe environmental pollution in the field of national
defense, security for report to the Minister of Defense and the Minister of
Public Security and send the list to the Ministry of Natural Resources and
Environment for monitoring.
5. Within 20 days after the receipt of report from
the specialized environmental protection agencies, the Ministry of Defense and
the Ministry of Public Security shall send the list of facilities causing
severe environmental pollution under their management and the relevant dossiers
to the Ministry of Natural Resources and Environment for review, aggregation
and report to the Prime Minister.
6. Within 30 days after the receipt of report from
the provincial People’s Committee, from the Ministry of Defense and the
Ministry of Public Security and based on the result of inspection and
examination, expertise solicitation of the Ministry of Natural Resources and
Environment, the Ministry of Natural Resources and Environment shall review,
aggregate and report to the Prime Minister or approve the list of facilities
causing severe environmental pollution under the authorization of the Prime
Minister.
7. The list of facilities causing severe
environmental pollution must be enclosed with the treatment measures specified
in Clause 2, Article 34 of this Decree.
Article 36. Publicization of
list of facilities causing severe environmental pollution and measures of
environmental pollution treatment
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2. After having received the approval decision from
the competent state authorities, the Ministry of Natural Resources and
Environment shall post the information about the facilities causing severe
environmental pollution on its website and the website of the General
Department of Environment until such facilities are certified to have taken
measures of environmental pollution treatment.
3. After having received the approval decision from
the competent state authorities, the provincial People’s Committee shall post
the information about the facilities causing severe environmental pollution in
its area on its website and on the mass media until such facilities are
certified to have taken measures of environmental pollution treatment and
notify the approval decision on the list of facilities causing severe
environmental pollution of the competent state authorities to the district
People’s Committee where such facilities are operating and causing severe
environmental pollution for information.
4. After having received the approval decision from
the competent state authorities, the district People’s Committee shall:
a) Post information about the facilities operating
in the area and causing severe environmental pollution must take measures of
environmental pollution treatment as per the decision of the competent state
authorities on the local website until such facilities are certified to have
completed measures of environmental pollution treatment and notify the approval
decision on the list of facilities causing severe environmental pollution of
the competent state authorities to the communal People’s Committee where such
facilities are operating and causing severe environmental pollution for
information.
b) Regularly post information about the facilities
causing severe environmental pollution must takes measures of environmental
pollution treatment according to the decision of the competent state
authorities on the local radio system.
5. After receiving the approval decision from the
competent state authorities, the communal People’s Committee shall:
a) Publicly post at the office of communal People’s
Committee the information about the facilities causing severe environmental
pollution must takes measures of environmental pollution treatment according to
the decision of the competent state authorities;
b) Provide information about the facilities causing
severe environmental pollution must takes measures of environmental pollution
treatment according to the decision of the competent state authorities for
hamlets, villages, residential groups and equivalent level and the political-social
organizations of communes for information and coordinated monitoring of
implementation.
Chapter VII
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Article 37. Principles of
incentives and assistance
1. The state has the policies on incentives and
assistance with land, capital, exemption and reduction in tax for the
environmental protection activities, price support, assistance with product
consumption from the environmental protection activities and other incentives
and assistance for the environmental protection activities.
2. Organizations and individuals with a lot of
environmental protection activities entitle to incentives and assistance shall
receive the respective incentives and assistance for such activities in
accordance with the provisions in this Decree.
3. Where the environmental protection activities
are entitled to the incentives and assistance as stipulated in this Decree and
other legal normative documents, they shall be entitled to the incentives and assistance
as per documents providing for higher rate of incentives and assistance.
4. Where the law or new policies issued provide for
the incentives and assistance with higher rate compared with the incentives and
assistance which the investors are entitled to in accordance with the
provisions in this Decree, the investors shall be entitled to the incentives
and assistance according to the new regulations. The Ministry of
Planning and Investment shall take charge and coordinate with the Ministry of
Finance and the Ministry of Natural Resources and Environment to provide
instructions on order, procedures for assessment and approval for contents of incentives
and assistance for the investment projects in accordance with the provisions in
this Decree.
5. The extent and scope of incentives and
assistance for environmental protection are adjusted to ensure the consistency
with the policies on environmental protection of each period.
Article 38. Subjects entitled
to incentives and assistance
1. The subjects entitled to incentives and
assistance consist of organizations and individuals investing in environmental
protection projects and services, business and production activities concerning
the environmental protection specified in Annex III of this Decree.
2. Activities of technological and scientific
research, technological transfer of environmental protection shall be entitled
to the incentives and support according to regulations of law on science and
technology and technology transfer.
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Section 1: INCENTIVES AND
ASSISTANCE ON INFRASTRUCTURE AND LAND
Article 39. Assistance on
building of infrastructure works
The investor of environmental protection works
specified in Clause 1, 2 and 6, Annex III of this Decree shall be entitled to
the assistance on building of environmental protection works as follows:
1. The state give the priority to the allocation of
land fund associated with works, works items of technical infrastructure
(roads, electricity, water supply and drainage, communications and energy)
available outside the scope of project connected with the common technical
infrastructure of the area.
2. Where the state cannot allocate land fund
associated with works, works items of technical infrastructure available
outside the scope of project connected with the common technical infrastructure
of the area, the investor of project shall be entitled to the policies such as
assistance in building infrastructure outside the fence of industrial park,
export processing zone or high-tech park according to regulations of law on
investment.
Article 40. Incentives for
land rent and assistance on site clearance and compensation
1. The owner of concentrated living wastewater
treatment system project specified in Clause 1, Annex III of this Decree and
concentrated common solid treatment facilities specified in Clause 2, Annex III
of this Decree shall be entitled to the land rent under regulations of law on
land like the subjects in the fields of special investment incentives and
receive the site compensation from the state.
Where the project owner has advanced the funding
for compensation and site clearance under the plan approved by the competent
level, he/she shall be deducted as stipulated by the regulations of law on
land.
2. The owner of construction project specified in
Clause 4, 5, 9, 10, Annex III of this Decree shall be entitled to the
incentives for land rent as stipulated by the regulations of law on land like
the subjects in the fields of special investment incentives.
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Article 41. Financial
incentives for land to the facilities causing severe environmental pollution to
be relocated
1. The facilities causing severe environmental
pollution to be relocated (referred to as facilities), if are allocated land by
the state without or with land use fees before 01 July 2014 (before the effective
date of the Land Law 2013) or received the transfer of legal land use right and
the land use fees have been paid to the state or the money received from the
transfer of land use right from the state budget, shall have the right to use
all proceeds from the auction of land use right and properties attached to land
(after deduction of all expenses of auction organization). Such proceed shall
be recorded in the state capital as stipulated by law in order to pay the land
use fees, land rent, relocation expenses, technological renovation and upgrade
and implementation of investment project at the new production facilites.
Where the land at the old production facilities is
recovered and use for public purpose, such facilities shall be allocated
capital to pay the land use fees, relocation expenses, technological renovation
and upgrade and implementation of investment project at the new production
facilites corresponding to the value of land use right and the properties
attached to land of such land lot under market price at the time of recovery.
2. If such facilities are allocated land with
collection of land use fees by the state before 01 July 2014 or lease land with
one time payment for the leasing period or receive legal land transfer but the
land use fees or the proceeds from land transfer not from the state
budget, they may change the purpose of use of land area at the old facilities
but consisistent with the detail planning of land used, urban construction
planning and rural residential area construction planning approved by the
competent state authorities under regulations of law on land.
Where the facilities do not have their need
of using land, they have the right to transfer the land use right to others for
use under the planning during the remain time under regulations of law on land.
Section 2: INCENTIVES AND
ASSISTANCE WITH CAPITAL AND TAX
Article 42. Incentives for
investment capital
1. Incentives from the Vietnam Environment Protection Fund,
the local environmental protection fund or other credit institutions:
a) If the project owners carrying out activities
specified in Clause 1 and 2, Annex III of this Decree applies the treatment
technologies with the percentage of waste to be buried after treatment of less
than 30% of the total collected volume of solid waste, they shall be entitled
to loan at preferential interest rate no more than 50% of state interest rate
of investment credit announced by the competent authorities at the time of
lending; the total loan shall not exceed 80% of the total construction
investment; entitled to prioritized assistance after investment or guarantee of
loan;
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2. Incentives from Vietnam Development Bank:
The project owners carrying out activities
specified in Annex III of this Decree shall be entitled to preferential
investment credit like the projects of the list of investment credit loan under
the current regulations of law.
3. The project owners carrying out activities
specified in Clause 11, Annex III of this Decree, in addition to be entitled to
the incentives as stipulated in Clause 1 and 2 of this Article, shall receive
the assistance of 10% of the total equipment investment for application in
environmental protection.
4. The project owners carrying out activities
specified in Annex III of this Decree, except for activities specified in
Clause 3 and 8 of Annex III of this Decree, if being the projects specified in
the plans and strategies issued by the Prime Minister, the Government and
National Assembly and in the fields specified in the Law on management of
public debt and the guiding documents of implementation shall be given the
priority to the consideration and use of official development assistance.
5. The Ministry of Finance shall take charge and
coordinate with the Ministry of Planning and Investment in providing
instructions on order and procedures for assistance of investment capital
specified in Clause 3 of this Article.
6. The Ministry of Planning and Investment shall
take charge and coordinate with the Ministry of Finance and the Ministry
of Natural Resources and Environment in providing detailed instructions on
implementation of provisions specified in Clause 4 of this Article.
7. The Ministry of Natural Resources
and Environment shall provide instructions on loan and post-investment assistance
of interest rate and guarantee of investment credit for projects receiving loan
from Vietnam
Environment Protection Fund. The provincial People’s Committee shall provides
instructions on loan and post-investment assistance
of interest rate and guarantee of investment credit for projects receiving loan
from the local environmental protection fund.
Article 43. Preferential
enterprise income tax
The enterprise income from the implementation of
new investment projects specified in Clauses 1, 2, 4, 5, 6, 9, 10, Annex III of
this Decree and new production projects specified in Clause 11, 12, 13, 14,
Annex III of this Decree shall be entitled to the preferential enterprise
income tax
like the subjects in the field of environmental protection under regulations of
law on enterprise income tax.
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1. Machinery, means, tools and materials used for
activities specified in Clause 10 and 14, Annex III of this Decree, upon
imported, shall be entitled to preferential import and export tax like the
subjects subjects in the fields of special investment incentives under
regulations of law on import and export tax.
2. The Ministry of Finance provides for the
exemption and reduction in export tax for the products specified in Clause 12,
Annex III of this Decree upon export.
3. The Ministry of Natural Resources
and Environment shall provide detailed instructions on the list of products
specified in Clause 12, Annex III of this Decree.
Article 45. Prefenrential
value added tax
1. The goods and services produced and traded from
the activities of environmental protection shall apply the policies on value
addes tax under regulations of law on value addes tax.
2. The Prime Minister provides for the
prefenrential value added tax to a number of specific products and services of
environmental protection.
Section 3: ASSISTANCE ON PRICE
AND PRODUCT CONSUMPTION
Article 46. Price support for
products and services of environmental protection
The project owner carrying out the activities and
supply of following products if meeting the criteria of products and public
services shall be entitled to the price support under regulations of law on
production, supply of products and public services:
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2. The products from the activities of
environmental protection specified in 12 and 13, Annex III of this Decree.
Article 47. Consumption
assistance for products
1. The head of agencies and units using state
budget must prioritize the public procurement of products specified in Clause
12 and 13, Annex III of this Decree upon purchasing such products.
The Ministry of Finance shall take
charge and coordinate with the Ministry of Natural Resources and Environment to
develop the regulations on public procurement of environmentally friendly
products as specified in this Clause.
2. Organizations
and individuals shall prioritize the purchase of environmentally
friendly products as guided by the Ministry of Natural Resources and
Environment
Section 4: OTHER INCENTIVES AND
ASSISTANCE
Article 48. Assistance for
product promotion and waste classification at source
1. The state encourage organizations, individuals,
enterprises and cooperatives to carry out the following activities:
a) Promoting products from the environmental
protection, recovery and processing of discharged products;
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c) Providing people with tools free of charge to
classify domestic waste and products discharged at source.
2. The expenses for implementing the activities
specified in Clause 1 of this Article shall be recorded in the production
expenses of organizations, individuals, enterprises and cooperatives;
3. The Ministry of Finance shall take
charge and coordinate with the Ministry of Natural Resources and Environment,
the Ministry of Information and Communications to guide the implementation of
incentive policies specified in Clause 1 and 2 of this Article.
Article 49. Award for
environmental protection
1. Every two years, the Ministry of
Natural Resources and Environment shall take charge and coordinate with the
Ministry of Science and Technology, Vietnam Chamber of Commerce and Industry and Vietname
Television to organize the selection and vote, handover of award to honor the
organizations and individuals with excellent achievements in environmental
protection, recovery and processing of discharged products
2. The Ministry of Natural Resources
and Environment specifies the structure of award, standard and procedures for
awards; coordinates with the Ministry of Finance to specify the expenses for
environmental protection.
3. The
provincial People’s Committee specifies the local environmental
protection awards.
4. The expenses for organization and awarding are
from the environmental non-business funding, Vietnam Environment Protection Fund and funding from
organizations and individuals and other legal mobilized capital.
Chapter VIII
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Article 50. Representative of
residential community
1. The residential community can choose
organizations or individuals as representative of residential community through
the meeting of all or representative of family household in the residential
community.
2. Organizations or individuals accepting to be the
representative of residential community shall carry out activities within the
scope authorized by the community and take responsibility before the
residential community and the law for their activities.
Article 51. Providing
environmental information for the residential community
1. The environmental information is provided at
least once a year periodically, including:
a) Legal normative document on
environment;
b) Report on the reality of national and local
environment; specialized environmental reports made and publicized by the state
management authorities on natural resources and environment;
c) List of facilities causing severe environmental
pollution, areas with severely polluted or degraded environment, areas prone to
environmental incidents made and publicized by the state management authorities
on natural resources and environment;
d) List and information on waste sources and types
of waste prone to cause harm to human health and environment prepared and
publicized by the state management authorities on natural resources and
environment;
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e) Result of
inspection, examination and handling of violation of the services, business and
production facilities in the residential area;
g) Environmental protection activities of the
services, business and production facilities in the residential area;
h) License related to the extraction, use and
protection of natural resources and environment of the services, business and
production facilities in the residential area;
2. The environmental information is provided by one
of the following forms:
a) Materials, printed matters and publications
whose issuing address is widely announced on mass media;
b) Posted on official websites of the state
management authorities on natural resources and environment; the owner of
projects or the services, business and production facilities;
c) Publicly posted at the services, business and
production facilities and office of communal People’s Committee;
d) Organization of press conference for public
announcement;
dd) Meeting held for information dissemination to
the residential community;
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3. The time for information publication in the form
specified at Point b and c, Clause 2 of this Article is no less than 30 days.
4. Responsibility for supply of environmental information
to residential community:
a) The environmental state management authoritites
are responsible for providing information specified from Point a to Point e,
Clause 1 of this Article;
b) The services, business and production facilities
are responsible for providing information specified under Point g and Point h,
Clause 1 of this Article.
Article 52. Consultation and
supervision of residential community on environment
1. The following guidelines and policies of the
state need consultation and supervision of residential community on
environment before decision:
a) Developing strategies, planning, plans, programs
and schemes of environmental protection at national, regional, inter-regional
and provincial level;
b) Developing legal normative documents on
environment;
c) Establishing environmental indicators in
social-economic development strategies, planning, and plan at national,
regional, inter-regional and provincial level;
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3. The state management authorities on natural
resources and environment shall receive and process the environmental
consultation opinions of the residential community and gives the feedback to
the community on accepting or not accepting such environmental consultation
opinions of the residential community through the forms specified in Clause 2,
Article 51 of this Decree.
4. Consultion about strategic environmental
assessment and environmental impact assessment shall be carried out under
regulations of law on strategic environmental assessment and environmental
impact assessment.
5. Public investment supervision on environmental
protection of community is done under the law on public investment.
Article 53. Assessing the
result of environmental protection of the services, business and production
facilities
1. The representatives of residential community
have the right to participating in assessing the result of environmental
protection to the following subjects:
a) Project owners in implementation of approved
reports on environmental impact assessment and implementation of contents of
licenses related to the exploitation, use and protection of natural resources
and environment;
b) Organizations and individuals in taking remedial
measures in decision on sanctioning of administrative violation on
environmental protection and implementation of contents of licenses related to
the exploitation, use and protection of natural resources and environment;
c) The services, business and production facilities
in the implementation of environmental protection commitments or environmental
protection plan; implementation of contents of licenses related to the
exploitation, use and protection of natural resources and environment;
2. Assessment contents:
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b) Implementation of report on environmental impact
assessment; environmental protection commitments and environmental protection
plan;
c) Remedial measures in decision on sanctioning of
administrative violation on environmental protection.
3. Based on the environmental information of the
facilities periodically, the residential community or representative of
residential community shall assess the implementation of activities related to
the assessment contents specified in Clause 2 of this Article as per criteria
of proper and complete contents. Assessment of environmental protection result
of the residential community is one of the grounds for commendation of
achievement in the activities of environmental protection of the services,
business and production facilities
Article 54. Developing and
implementing the model of environmental protection relying on the residential
communities
1. The state encourages and has mechanisms and
policies on assistance for residential community to develop and implement
models of community for protection of natural resources and environment,
sustainable development, conservation, rational use of natural resources and
response to climate change.
2. The residential community shall participate in
developing the objectives, operation programs, monitoring and assessment of
effectiveness of the protection programs of natural reserves and national
parks; participate in management and protection of natural reserves and
national parks;
3. The residential community has the right to
actively develop and implement the models of natural resources and
environmental protection models relying on communities, participating in
monitoring and inspection of management of natural reserves and national parks
with the state management authorities on natural resources and environment;
4. The state management authorities on natural
resources and environment shall take charge, coordinate and provide
instructions to residential communities to develop models of environmental and
natural resources protection relying on the communities, models of production
and sustainable consumption; issue mechanisms to encourage the communities to
protect the environment, preserve and rationally use natural resources and
models of production and sustainable consumption.
Chapter IX
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Article 55. Transitional
provision
1. Dossiers which have been received by the
competent state authorities for processing by the administrative procedures before
the effective date of this Decree shall be processed in accordance with the
regulations of law at the time of receipt.
2. Activities of environmental protection and the
products from such activities of environmental protection entitled to the
incentives and assistance under Decree No. 04/2009/ND-CP dated 14 January 2009
of the Government on incentives and assistance for activities of environmental
protection shall continue to be entitled to the incentives and assistance
during the remaining time; in case of being the subjects receiving the higher
incentives and assistance as specified in this Decree, such subjects shall be
entitled to the incentives and assistance specified in this Decree.
3. The
provincial People’s Committee shall assess and approve the additional plan for
environmental renovation and restoration or the plan for environmental
renovation and restoration or the environmental renovation and restoration
schemes that have been approved by the Department of Natural Resources and
Environment and district People’s Committee before the effective date of this
Decree.
4. Provincial
People’s Committee shall certify the completion of plan or additional plan for
environmental renovation and restoration of the environmental renovation and
restoration project or environmental renovation and restoration scheme or
additional environmental renovation and restoration project or additional
environmental renovation and restoration scheme approved by district People’s
Committee before the effective date of this Decree.
5. For the environmental renovation and restoration
project or the additional environmental renovation and restoration project, the
environmental renovation and restoration scheme or the environmental renovation
and restoration scheme that have been approved before the effective date of
this Decree shall not have prepare scheme or additional scheme as guided by
this Decree.
6. The mining organizations and individuals that
have made deposit before the effective date of Decision No. 71/2008/QD-TTg dated
29 May 2008 of the Prime Minister on making deposit for environmental
renovation and restoration of the mineral extraction activities but the
contents of environmental renovation and restoration scheme do not consist with
those specified in the Law on environmental protection 2014 and this Decree
must re-develop the environmental renovation and restoration scheme in
accordance with the provisions of this Decree to be submitted to the competent
authorities for approval before 31 December 2016.
Article 56. Effect
1. This Decree takes effect from 01 April 2015.
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a) Decree No. 80/2006/ND-CP dated 09 August 2006 of
the Government detailing and guiding the implementation of the Law on
environmental protection;
b) Decree No. 21/2008/ND-CP dated 28 February 2008
of the Government on amending and supplementing a number of articles of Decree
No. 80/2006/ND-CP dated 09 August 2006 detailing and guiding the implementation
of the Law on environmental protection;
c) Decree No. 04/2009/ND-CP dated 14 January 2009
of the Government on incentives and assistance for environmental protection
activities;
d) Decision No. 18/2013/QD-TTg dated 29 March 2013
of the Prime Minister on environmental renovation and restoration and making of
deposit for environmental renovation and restoration for the mineral extraction
activities.
Article 57. Responsibility for
implementation
1. The Ministers, heads of ministerial-level
agencies, heads of government agencies, Chairman of People's Committees of
provinces and centrally-run cities are responsible for organizing the
implementation of this Decree; reviewing the legal documents issued by
themselves which are contrary to the provisions of the Law on Environmental
Protection and this Decree for amendment and supplementation.
2. The Minister of Natural Resources
and Environment shall take charge and coordinate with the ministers, heads of
ministerial-level agencies, heads of government, chairman of the People's
Committees of provinces and centrally-run cities in guiding and inspecting the
implementation of this Decree; provide instructions on training, practice,
communication and dissemination of laws on environmental protection.
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FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
ANNEX I
LIST OF BUSINESS CATEGORIES RECEIVING THE
ENCOURAGED DEVELOPMENT AT HANDICRAFT VILLAGES
(Issued with Decree No. 19/2015/ND-CP dated 14 February 2015 of the Government)
No.
Types of production
Scale
I
PRODUCTION OF HANDICRAFT GOODS OR HOUSEHOLD
ITEMS
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1
Handicraft items made from rattan, bamboo, ivory
bamboo, ... fish-pot, trap, baskets,
items from water hyacinth...
2
Embroidery, lace, knitting, crochet
3
Carpet made from coir fiber or coir thread
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Traditional brick and tile, ceramic, piggy bank,
earthen oven, big jar casting
5
Handicraft items from coconut, dry shell of
marine products
6
Hats, mats, brooms
7
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8
Wooden shoes, mortar, pestle, chopping boards,
chopsticks
9
Incense making
10
Furniture, lacquer, horny handicraft
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11
Metal and precious stone
12
Silkworm reaing, fabric, silk, crape, linen,
traditional brocade weaving.
13
Folk painting, scoop net, Nepal paper, tissue
paper
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Traditional
musical instruments
15
Southern medicine
16
Cotton napping, net knitting, fined-tooth comb
17
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18
Traditional casting and forging to
produce agricultural tools and household items
Scale of less than 0.2 tons/day/facility
19
Stone manipulation
No more than 10 employees/facility; no phase of
material sawing and cutting
II
REARING AND CULTIVATION OF PETS
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III
MANUAL PROCESSING AND PRESERVATION
OF AGRICULTURAL, FORESTRY, AQUATIC AND MARINE PRODUCTS AS FOOD
1
Tea
Less than 0.1 ton of product/day/facility
2
Dried meat, sausages
3
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4
Manual production of jam, confectionery
- Hanoi
5
Manual production of fish
sauce, soy
sauce
Less than 500 liters of product /day/facility
6
Production of beans, assorted
noodle, cake, vermicelli
Less than 0.1 ton of product /day/facility
7
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Less than 100 liters of product /day/facility
8
Aquatic and marine product processing
Less than 0.1 ton of product /day/facility
9
Starch processing
Less than 0.1 ton of product /day/facility
ANNEX II
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No.
Type of services,
business and production
Scale/capacity
1.
Production facilities containing radioactive
material or radioactive waste
Exceeding the
immunity limit under regulation of law on radiation safety and control
2.
Refineries, petrochemicals; base
oil and gas extraction Refinery and Petrochemical Plant, oil and gas extraction facilities
All
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Facilities producing basic chemicals, painting,
printing ink, rubber, pesticides, detergents, additives and chemical fertilizers
Capacity from
10,000 tons of products/year or more
4.
Facilities extracting rare earth and radioactive
minerals; selection and enrichment of rare earth and radioactive minerals
Capacity from
50,000 tons of products/year or more
5.
Ship breaking facilities
All
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Seaport
Receipt of ships
from 50,000 tons or more
7.
Battery production facilities
Capacity from
300,000 KWh/year or more or 600 tons
8.
Solid mineral extraction facilities (including waste
stones and minerals)
Capacity from
500,000 m3 of crude minerals/year or more
9.
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Capacity from
200,000 tons of products /year or more
10.
Iron and steel refining
facilities
Capacity from
200,000 tons of products/ year or more
11.
Industrial parks, export processing
zones, high-tech parks, industrial parks, tourist and entertainment sites,
urban areas
Area from 200 ha
or more
12.
Recycling, processing, landfill,
destruction areas of hazardous waste collected from the services, business
and production facilities
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13.
Recycling, processing, landfill,
destruction areas of common solid waste
Capacity from 250 tons/day
or more
14.
Facilities operating the concentrated industrial
waterwaste treating system
Capacity from
5,000 m3 of wastewater/day or more
15.
Marine product processing facilities
Capacity from
5,000 tons of product/year or more
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Cement plants
Capacity from
1,200,000 tons of product/year or more
17.
Pulp mills
Capacity from
25,000 tons of product/year or more
18.
Wine and alcohol production factories
Capacity from
1,000,000 liters of product/year or more
19.
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Capacity from
50,000,000 liters of product/year or more
ANNEX III
LIST OF ENVIRONMENTAL PROTECTITION ACTIVIES
RECEIVING INCENTIVES AND ASSISTANCE
(Issued with Decree No. 19/2015/ND-CP dated 14 February 2015 of the
Government)
1. Treatment of concentrated domestic wastewater
with design capacity from 2,500 m3 of wastewater/day for urban areas
of grade IV or more.
2. Collection, transport and treatment of
concentrated common solid waste.
3. Treatment of hazardous wastes.
4. Treatment and renovation of polluted
environmental in public areas;
5. Rescue and handling of oil spill, chemical
incidents and other environmental incidents.
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7. Relocation and conversion of operation of the
facilities causing severe environmental pollution.
8. Environmental observation.
9. Cremation and electric cremation.
10. Inspection of damage to environment; inspection
of environmental health and environmental inspection for the goods, machinery,
equipment and technologies.
11. Production and application of invention to
protect the environmental under the state protection in the form of issuing the
Patent or Patent of useful solutions.
12. Production of environmentally friendly products
which are attached Vietnam green label; products from the recycling and
treatment of waste which the competent state authorities have certified.
13. Production of gasoline, diesel
and biological energy certification of conformity; biochar, energy from the use
of wind power, sunlight, tidal, geothermal energy and other forms of renewable
energy.
14. Manufacturing and importing of machinery,
equipment and special-use means for direct use in collection, transport,
treatment of waste; environmental observation and analysis, production of
renewable energy, treatment of environmental pollution, response and handling
of environmental incidents.
15. Activities of services, business and production
of the environmentally friendly facilities have been certified with eco-label
by the Ministry of Natural Resources and Environment
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ANNEX IV
FORM OF WRITTEN REQUEST FOR ASSESSMENT AND CERTIFICATION
OF ENVIRONMENTAL PROTECTION PLAN IN ACTIVITIES OF USED SHIP BREAKING
(Issued with Decree No. 19/2015/ND-CP dated 14 February 2015 of the
Government)
NAME OF
ORGANIZATION OR INDIVIDUAL
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
Subject: Request for assessment and approval
for environmental protection plan in breaking activities of used ships
….., date … month
… year …
To: General
Department of Environment
1. Name of enterprise............................................................
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2. Address of head office:
..........................................................................................
Tel: ……………………………………..; Fax:
................................................... ;
E-mail:
.......................................................................................................................
3. Full name of enterprise’s legal
representative:...................
....................................................................................................................................
....................................................................................................................................
4. Establishment decision/business registration
number……………………….., issued by:……….., issue date ………………….. in……………………………
………………………………..
We enclose with this document the environmental
protection plan in breaking the ship with registration number…………..,
nationality…….
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Sent to:
- …
- …
REPRESENTATIVE
OF ORGANIZATION
(Signature, full name and seal)
ANNEX V
FORM OF DECISION ON CERTIFYING THE ENVIRONMENTAL PROTECTION
PLAN IN BREAKING ACTIVITIES OF USED SHIPS
(Issued with Decree No. 19/2015/ND-CP dated 14 February 2015 of the
Government)
MINISTRY
OF NATURAL RESOURCES AND ENVIRONMENT
GENERAL DEPARTMENT OF ENVIRONMENT
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Hanoi,
date month
year
DECISION
APPROVING THE
ENVIRONMENTAL PROTECTION PLAN IN ACTIVITIES OF USED SHIP BREAKING
GENERAL DIRECTOR
OF GENERAL DEPARTMENT OF ENVIRONMENT
Pursuant to the Law on environmental protection
dated 23 June 2014;
Pursuant to Decree No.114/2014/ ND-CP dated 26
November 2014 of the Government defining the subjects and conditions for
permitted import and breaking of used ships;
Pursuant to Decree No………dated…….2014 of the
Government detailing a number of articles of the Law on environmental
protection 2014;
Pursuant to Decision No.25/2014/QD-TTg dated 25
March 2014 defining functions, tasks, powers and
organizational structure of the General Department of Environment directly
under the Ministry of Natural Resources and Environment;
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Considering the environmental protection plan in
the breaking activities of used ships of (name of organizations)……attached to
document No……;
Considering the request of the Director of
Department on pollution control and the Director of Department of Policies and
Legal Affairs;
DECIDES:
Article 1. Approving the environmental
protection plan in the breaking activities of ship with registration
number…….nationality…..of (name of enterprise, address) which must meet the
environmental protection requirements during the breaking.
Article 2. Responsibility of organizations
and individuals in ship breaking activities.
Article 3. This Article shall specify the
responsibility of the appointed organization and the units concerned.
(Name of appointed organization and agencies
and units concerned liable to execute this Decision./.)
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GENERAL
DIRECTOR
(Signature and seal)