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THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No. 72/2020/QH14
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Hanoi, November 17, 2020
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LAW
ON ENVIRONMENTAL PROTECTION
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly hereby promulgates the Law on Environmental Protection.
Chapter I
GENERAL
Article 1. Scope
This Law
provides for environmental protection activities; rights, obligations and responsibilities
of agencies, organizations, residential communities, households and individuals
involved in environmental protection activities.
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This Law
applies to agencies, organizations, residential communities, households and
individuals within the territory of the Socialist Republic of Vietnam,
including mainland, islands, territorial waters, underground space and
airspace.
Article 3. Definitions
For the
purposes of this Law, the terms below shall be construed as follows:
1. “environment”
encompasses natural and artificial physical factors that are closely
related to each other, surround humans and affect life, economy, society,
existence and development of humans, creatures and nature.
2. “environmental
protection activity” means preventing and reducing adverse impacts on the
environment; responding to environmental emergencies; mitigating environmental
pollution and degradation, improving environmental quality; reasonably using
natural resources and biodiversity, and adapting to climate change.
3. “environment
components” mean physical constituent elements forming an integral part of
the environment, including land, water, air, sound, light and other physical
forms.
4. “national
environmental protection planning” means the spatial arrangement and
distribution and zoning of areas for environmental quality management, nature
and biodiversity conservation, waste management, environmental monitoring and
warning within a defined territory in order to protect the environment and accomplish
the objective for national sustainable development for a defined period.
5. “strategic
environmental assessment” means the process of identifying and predicting
trends in major environmental issues to form a basis for incorporating
environmental protection measures into a policy, strategy or planning.
6. “preliminary
environmental impact assessment” (hereinafter referred to as “PEIA”) means
the consideration and identification of major environmental issues of an
investment project during the pre-feasibility study or the investment project
proposal.
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8. “environmental
license” means a document issued by a competent authority to an
organization or individual (hereinafter referred to as “entity”) involved in
business activities, permitting such organization or individual to discharge
waste into the environment and manage waste and scrap imported from foreign
countries as production materials in accordance with environmental protection
requirements as prescribed by law.
9. “environmental
registration” means a business investment project owner or business owner
registering with a regulatory body waste discharge-related contents and
environmental protection measures of such business investment project owner or
business owner (hereinafter referred to as “the investment project/business”).
10. “technical
regulation on environment” means a regulation requiring mandatory
application of limits of parameters regarding environmental quality,
concentration of pollutants in raw materials, fuels, materials, equipment,
products, goods and waste, and technical and managerial requirements. The
regulation is issued by a competent authority in accordance with regulations of
law on standards and technical regulations.
11. “environmental
standard” means a regulation for which an entity opts at its/his/her
discretion in order to apply limits of parameters regarding environmental
quality, concentration of pollutants in waste, and technical and managerial
requirements. The standard is issued by a competent authority or organization
in accordance with regulations of law on standards and technical regulations.
12. “environmental
pollution” means any change in the physical, chemical or biological
properties of an environmental component in breach of a technical regulation on
environment or environmental standard resulting in adverse impacts on humans,
creatures and nature.
13. “environmental
degradation” means a reduction in the quality and amount of environment components
resulting in adverse impacts on the health of humans and creatures, and nature.
14. “environmental
emergency” means an accident resulting from human-induced factors or
natural changes that cause severe environmental pollution or degradation.
15. “pollutant”
means any chemical, physical or biological substance which, when introduced
into the environment, exceeds the permissible limits resulting in environmental
pollution.
16. “persistent
pollutant” means a highly toxic and persistent pollutant that has the
ability to bio-accumulate and spread in the environment, thereby adversely
affecting the environment and human health.
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18. “waste”
means any matter in a solid, liquid or gaseous form or other form which is
discharged from production, business operation, service provision or living
activities or from other activities.
19. “solid
waste” means any waste in a solid form or sludge.
20. “hazardous
waste” means any waste that exhibits any one or more of the following
characteristic properties: toxicity, radioactivity, infectivity, ignitability,
reactivity or corrosivity or exhibits any other hazardous characteristic
properties.
21. “waste
co-processing” means the utilization of one available manufacturing process
for the purpose of recycling, treating or recovering energy from waste in which
waste is used as alternative raw material and fuel or is processed.
22. “pollution
control” means the process of preventing, detecting and eliminating
pollution.
23. “carrying
capacity”of an environment means the maximum resistance of the environment
against influencing factors in order for the environment to be able to recover
itself.
24. “technical
infrastructure serving environmental protection” means a system of
facilities used for collecting, storing, transporting and treating waste and
monitoring the environment, and other environmental protection works.
25. “environmental
monitoring” means the continuous, periodic or surprise monitoring of
environmental components and factors impacting the environment, and waste in a
systematic manner in order to provide necessary information in favor of
assessment of state of the environment, changes in the environmental quality
and adverse impacts on the environment.
26. “trial
operation of waste treatment work” means the operation being carried out by
an investment project owner, owner of business, dedicated area for production,
business operation and service provision or industrial cluster to test and
assess efficiency of a waste treatment work and its conformity with
environmental protection requirements.
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28. “residential
community” means a community of people living in the same village, hamlet,
population group, ward or similar settlement within the territory of the
Socialist Republic of Vietnam.
29. “greenhouse
gas” (hereinafter referred to as “GHG”) means gas in the atmosphere causing
the greenhouse effect.
30. “greenhouse
effect” means a process where radiant energy from the sun penetrates into
the atmosphere and is converted to heat, causing global warming.
31. “reduction
of GHG emissions” means the act of reducing GHG emissions intensity and
increasing GHG absorption.
32. “climate
change adaptation” means actions that humans may take to adapt to climate
change and reduce GHG emissions.
33. “GHG
emission quotas” mean the amount of GHG emissions caused by a country or
entity for a specified period of time, expressed as tonnes of carbon dioxide
(CO2) or tonnes of carbon dioxide equivalent (CO2).
34. “ozone
layer” means a layer in the Earth's stratosphere which protects the Earth
from the sun’s harmful ultraviolet radiation.
35. “carbon
credit” means any tradable certificate representing the right to emit one
tonne of carbon dioxide (CO2) or one tonne of carbon dioxide (CO2)
equivalent.
36. “best
available techniques” means the technical solutions which are the best for
preventing or controlling pollution and minimizing adverse impacts on the
environment.
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38. “investment
project owner” or “investor” means an investor in a project according to
regulations of the Law on Investment, Law on Public Investment, Law on Public-Private
Partnership Investment and Law on Construction.
Article 4. Principles of environmental protection
1.
Environmental protection is the right, obligation and responsibility of every
agency, organization, residential community, household and individual.
2.
Environmental protection serves as a basis, key factor and prerequisite for
sustainable socio-economic development. Environmental protection activities are
associated with economic development and natural resource management, and
considered and assessed in the process of carrying out development activities.
3.
Environmental protection harmonizes with social security, protection of
children’s right, promotion of gender equality and protection of the human
right to live in a pure environment.
4. Environmental
protection activities are carried out in a regular, public and transparent
manner; priority is given to prediction and prevention of environmental
pollution, emergencies and degradation, environmental risk management, waste
minimization and strengthening of reuse and recycling of waste with a view to
maximization of its value.
5.
Environmental protection complies with natural law, natural, cultural and
historical characteristics, and the level of socio-economic development; boost
development in ethnic minority and mountainous areas.
6. Any
agency, organization, residential community, household or individual profiting
from the environment is obliged to make their financial contribution to the
environmental protection activities; pay compensation for damage, take remedial
measures and assume other responsibilities as prescribed by law if causing
environmental pollution, emergencies and degradation.
7.
Environmental protection is not detrimental to the national sovereignty,
security and interests, and is associated with regional and global
environmental protection.
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1.
Facilitate the involvement of agencies, organizations, residential communities,
households and individuals in performance, inspection and supervision of
environmental protection activities.
2.
Disseminate information in association with taking administrative and economic
measures and other measures to strengthen compliance with law on environmental
protection and build a culture of environmental protection.
3. Focus
on biodiversity conservation and protection of environment in natural heritage
sites; efficiently and economically extract and use natural resources; develop
green and renewable energy; develop technical infrastructure serving
environmental protection.
4. Give
priority to environmental pollution elimination and recovery of degraded
natural ecosystem, and attach great importance to environmental protection in
residential areas.
5.
Diversify sources of investment capital for environmental protection; set a
specific expenditure on environmental protection within the state budget and
according to environmental protection requirements and tasks; prioritize the
use of sources of funding for key environmental protection tasks.
6. Safeguard
interests of organizations, residential communities, households and individuals
making their contribution to environmental protection activities; provide
incentives and assistance for environmental protection activities; promote
environmentally-friendly products and services.
7.
Intensify scientific research and development of technologies for pollution
elimination, waste recycling and treatment; give priority to transfer and
application of advanced, high and environmentally-friendly technologies and best
available techniques; strengthen training in human resources in environmental
protection.
8. Honor
and reward agencies, organizations, residential communities, households and
individuals for their active role in environmental protection activities as prescribed
by law.
9. Expand
and promote integration and international cooperation in environmental
protection, and adhere to all international environmental agreements.
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11.
Incorporate and promote circular economy and green economy in formulation and
implementation of socio-economic development strategies, planning, plans,
programs and projects.
Article 6. Prohibited acts
1.
Failure to transport, bury, discharge and burn solid and hazardous waste in
accordance with technical process and regulations of law on environmental
protection.
2.
Discharging wastewater and exhaust gases that have yet to be treated according
to technical regulations on environment into the environment.
3.
Dispersing and releasing into the environment hazardous substances and harmful
viruses capable of infecting humans and animals, untested microorganisms, dead
bodies of animals dying of epidemics and other agents harmful to human health,
creatures and nature.
4.
Generating noise and vibration in excess of the permissible level stipulated in
technical regulations on environment; discharging smokes, dusts and noxious
gases into the air.
5.
Executing investment projects or discharging waste in case of failure to
satisfy all conditions prescribed by the Law on Environmental Protection.
6.
Importing, temporarily importing, re-exporting and transiting waste from
foreign countries in any shape or form.
7.
Illegally importing used vehicles, machinery and equipment for the purposes of
dismantling or recycling.
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9.
Concealing acts of polluting the environment, obstructing and falsifying
information concerning environmental protection activities, thereby resulting
in adverse effects on the environment.
10.
Manufacturing and trading products harmful to humans, creatures and nature;
manufacturing and using raw materials and building materials containing toxic
factors in excess of the permissible level prescribed in technical regulations
on environment.
11.
Manufacturing, importing, temporarily importing, re-exporting and selling ozone
depleting substances prescribed in the treaty on substances that deplete the
ozone layer to which Socialist Republic of Vietnam is a signatory.
12.
Sabotaging or infringing upon natural heritage sites.
13.
Sabotaging or infringing upon structures, equipment and facilities serving
environmental protection activities.
14.
Abusing positions or powers to commit violations against regulations of law on
environmental protection.
Chapter II
PROTECTION OF ENVIRONMENTAL COMPONENTS AND
NATURAL HERITAGE SITES
Section 1. WATER PROTECTION
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1. Quality
of surface water, sediments and aquatic environment must be monitored and
evaluated; surface water carrying capacity must be calculated, determined and
announced.
2.
Sources of waste discharged into surface water must be managed in a manner that
is appropriate to intended use and carrying capacity of surface water. Result
of appraisal of the environmental impact assessment report shall not be
approved for or environmental license shall not be issued to the new investment
project that discharges wastewater directly into the surface water that has
reached its carrying capacity as announced by a competent authority, except for
the case in which the investment project owner has adopted a scheme to treat
wastewater in accordance with technical regulation on environment regarding
quality of surface water before discharging it into a water body or has adopted
a circulation or recycling scheme in order not to generate more wastewater or
the case where the project aims to deal with pollution and improve quality of
the environment in a pollution area.
3. River
water shall be protected by applying the principles of integrated river basin
management and associated with biodiversity conservation, aquatic environment
protection, management of water source protection corridors, and reasonable
extraction and use of water.
Article 8. Surface water protection activities
1.
Surface water protection shall focus on:
a)
Statistically reporting, assessing, minimizing and treating wastewater
discharged into surface water;
b) Monitoring
and assessing quality of surface water, sediment and aquatic environment and
publishing information in service of management, extraction and use of water
surface;
c)
Investigating and assessing carrying capacity of surface water; announcing areas
where the surface water has reached its carrying capacity; assessing quotas for
discharge of wastewater into the surface water;
d)
Eliminating pollution, remediating and improving polluted surface water;
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2. The
Ministry of Natural Resources and Environment has the responsibility to:
a)
provide guidance on assessing surface water carrying capacity of rivers and
lakes; provide guidance on assessing surface water quality;
b)
organize assessment of surface water and sediment quality, surface water
carrying capacity of inter-provincial rivers and lakes; organize inventorying
and assessment of waste sources and pollution level, and organize elimination
of inter-provincial river and lake pollution; formulate and submit to the
Government a surface water quality management plan for inter-provincial rivers
and lakes that play a key role in socio-economic development and environmental
protection;
c)
inspect the implementation of the surface water quality management plan for
inter-provincial rivers and lakes and measures to prevent and mitigate water
pollution and improve water quality in inter-provincial rivers and lakes.
3.
Provinical People’s Committees have the responsibility to:
a)
determine provincial rivers and lakes and other surface water sources in areas
that play important role in socio-economic development and environmental
protection; determine domestic water safeguard zones and water source
protection corridors within provinces; determine aquatic areas;
b)
publish information about sources of waste discharged into the surface water
within provinces; collect information and data on state of surface water, waste
sources and total amount of waste discharged into surface water in
inter-provincial rivers and lakes within provinces under the guidance of the
Ministry of Natural Resources and Environment; direct organizations to assess
damage caused by pollution and remediate surface water pollution within
provinces as prescribed;
c)
prevent and control sources of waste discharged into surface water sources
within provinces; take measures to prevent and minimize surface water
pollution, improve surface water quality within provinces according to the
surface water quality management plan;
d)
organize assessment of surface water and sediment quality, carrying capacity
and quotas for discharge of wastewater with respect to the surface water
sources mentioned in Point a of this Clause; publish information about areas
where surface water has reached its carrying capacity;
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Article 9. Surface water quality management plan
1. The
surface water quality management plan for inter-provincial rivers and lakes
must be conformable with the national environmental protection planning.
The
surface water quality management plan for the water sources mentioned in Point
a Clause 3 Article 8 of this Law must be conformable with the national
environmental protection planning and environmental protection contents
specified in the regional and provincial planning.
2.
Contents of the surface water quality management plan include:
a)
Assessing and predicting trends in changes in surface water quality; objectives
and targets of the plan; determining domestic water safeguard zones and water
source protection corridors; determining aquatic areas;
b)
Current distribution of point source pollution, and non-point source pollution
with pollutants released into the water in the affected area; risk of
transboundary surface water pollution;
c) Types
and total amount of pollutants discharged into the surface water;
d)
Assessing carrying capacity, zoning and quotas for wastewater discharge; determining
objectives and roadmap for reducing wastewater discharge into the surface water
that has reached its carrying capacity;
dd)
Measures to prevent and reduce surface water pollution; solutions for
cooperation in, sharing of information and management of transboundary surface
water pollution;
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g)
Organizing implementation.
3. The
surface water quality management plan is formulated for 05-year periods.
4. The
Government shall elaborate contents of, sequence and procedures for
promulgating a surface water quality management plan.
Article 10. Groundwater protection
1.
Sources of groundwater must be monitored and assessed so that measures are taken
promptly if any environmental parameter is found exceeding the permissible
level prescribed in a national technical regulation on environment or there is
a reduction in the water level.
2.
Groundwater protection measures must be taken upon carrying out groundwater
exploration and extraction.
3.
Establishments using toxic chemicals and radioactive substances must take
measures to prevent leakage and release of toxic chemicals and radioactive
substances into groundwater.
4.
Establishments, warehouses and yards containing materials, raw materials and
chemicals and areas for containing and treating waste must be constructed in
such a manner that ensures technical safety and does not cause groundwater
pollution.
5.
Agencies, organizations, residential communities, households and individuals
causing groundwater pollution shall remediate pollution.
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7. The
Minister of Natural Resources and Environment shall elaborate groundwater
protection.
8.
People’s Committees of provinces shall protect groundwater within provinces as
prescribed by law.
Article 11. Seawater protection
1. Sources
of waste discharged into seawater must be investigated and assessed and subject
to any measure to be taken to prevent, minimize, control and treat them to
satisfy the environmental protection requirements.
2. Areas
at risk of sea and island environment pollution must be assessed, identified
and announced in accordance with regulations of law on natural resources and
environment of sea and islands.
3. The
extraction of resources from sea and islands and other socio-economic
activities shall comply with the planning, and environmental protection and
sustainable development requirements.
4. Upon
seawater protection, it is required to ensure close and effective cooperation
between relevant organizations and individuals; between Vietnam’s regulatory
bodies and foreign bodies in sharing information, assessing seawater quality
and controlling cross-border seawater pollution.
5. The
seawater protection shall comply with regulations of this Law, law on natural
resources and environment of sea and islands and other relevant regulations of
law.
Section 2. AIR PROTECTION
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1.
Entities and households involved in production, business operation and service
provision and discharging dusts and exhaust gases resulting in adverse impacts
on the environment have the responsibility to reduce the discharge and take
remedial measures as prescribed by law.
2. Air
quality must be monitored on a regular and continuous basis and announced as
prescribed by law.
3. Air
pollution must be notified and warned in a timely manner to minimize its
impacts on community health.
4.
Sources of dusts and exhaust gases must be monitored, assessed and controlled
as prescribed by law.
Article 13. Air quality management plans
1. Air
quality management plans include national air quality management plan and
provincial air quality management plan. The national environment quality
management plan must be conformable to the national environmental protection
planning. The provincial air quality management plan must be conformable with
the national air quality management plan and provincial planning, and serve as
the basis for organizing implementation thereof and managing air quality.
2. The
national environment quality management plan covers a period of 05 years. The
period of a provincial air quality management plan shall be determined
according to the extent and level of air pollution, management and improvement
solutions, local conditions and resources for implementation.
3. Main
contents of the national air quality management plan include:
a)
Assessing management and control of air pollution at national level;
identifying major causes of air pollution;
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c) Tasks
and solutions for air quality management;
d)
Prioritized programs and projects for implementation of tasks and solutions;
formulating regulations on cooperation in and measures for managing quality of
inter-regional and inter-provincial air;
dd)
Organizing implementation.
4. Main contents
of a provincial air quality management plan include:
a)
Assessing quality of air in the province;
b)
Assessing management of air quality; monitoring air; determining and assessing
main sources of exhaust gases; emission inventory; air quality modeling;
c)
Analyzing and identifying causes of air pollution;
d)
Assessing impacts of air pollution on community health;
dd)
Objectives and scope of air quality management;
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g)
Organizing implementation.
5. The
Government shall elaborate contents of, sequence and procedures for
promulgating an air quality management plan.
Article 14. Responsibility for air quality management
1. The
Prime Minister shall promulgate and provide instructions on implementation of the
national air quality management plan; provide instructions on implementation of
emergency measures in the case of inter-provincial, regional or cross-border
serious air pollution.
2. The
Ministry of Natural Resources and Environment shall:
a)
formulate and submit to the Prime Minister the national air quality management
plan and organize the implementation thereof;
b)
provide guidance on formulating provincial air quality management plans and air
quality assessment methods.
3.
People’s Committees of provinces shall:
a)
formulate and organize the implementation of provincial air quality management
plans;
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c)
organize the implementation of emergency measures if serious air pollution
occurs in their provinces.
4. The
Government shall elaborate this Article.
Section 3. SOIL PROTECTION
Article 15. General regulations on soil protection
1. If land
is used to implement a planning, plan, project or activity, it is required to
consider its impacts on soil and take measures for environmental pollution or
degradation prevention and control and soil protection.
2.
Agencies, organizations, residential communities, households and individuals
that use land have the responsibility to protect soil environment; improve and
remediate soil environment if causing soil pollution.
3. The
State shall improve and remediate soil environment in areas where soil pollution
caused by a historic event occurs or in the case of failure to identify the
entity causing pollution.
4. The
Government shall elaborate soil protection.
Article 16. Classification of areas where soil pollution
occurs
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2. Soil pollution
areas shall be classified according to the following criteria: source of
pollution, spreading capacity and affected entities.
3. The
soil pollution areas classified according to the level of pollution include soil
pollution area, serious soil pollution area and extremely serious soil
pollution area.
Article 17. Soil quality management
1. Soil
quality must be investigated, assessed, classified and made publicly available
as prescribed by law.
2. Areas
at risk of soil pollution must be monitored and supervised.
3. Soil
pollution areas must be investigated, assessed, zoned, dealt with, renovated
and improved.
4. Areas
polluted by dioxins derived from herbicides used in war, residual agrochemicals
and other hazardous substances must be investigated, assessed, zoned and dealt
with in accordance with environmental protection requirements.
Article 18. Soil environment improvement and remediation
1.
Investigate, assess and classify soil pollution areas, determine causes, extent
and level of pollution, improve and remediate soil environment.
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3.
Prepare and carry out schemes to improve and remediate soil environment; give
priority to dealing with serious and extremely serious pollution areas.
4.
Monitor and assess soil quality after improvement and remediation.
Article 19. Responsibility for soil protection
1. The Ministry
of Natural Resources and Environment shall:
a)
elaborate criteria for determining and classifying soil pollution areas
according to level of pollution;
b)
preside over and cooperate with other Ministries, ministerial agencies and
agencies concerned in formulating and providing instructions on implementation
of the plan to improve and remediate extremely serious soil pollution areas in
the case specified in Clause 3 Article 15 of this Law; investigate, assess and
make publicly available soil quality;
c) Submit
to the Prime Minister a plan to improve and remediate extremely serious soil
pollution areas in the case specified in Clause 3 Article 15 of this Law;
dd)
consolidate lists of soil pollution areas; establish and update information
about soil pollution areas nationwide to the national environmental information
system and environmental database and publish such information.
2. The
Ministry of National Defense and Ministry of Public Security shall preside over
and cooperate with provincial People’s Committees in improving and remediating
soil environment in the case of national defense and security land and in other
areas as prescribed by law.
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a)
investigate, assess, determine and zone areas at risk of soil pollution areas
and soil pollution areas within their provinces, and assign responsibilities to
entities causing pollution;
b)
remediate soil pollution areas and extremely serious soil pollution areas in
the case specified in Clause 3 Article 15 of this Law;
c) report
areas showing signs of inter-provincial soil pollution and extremely serious
pollution areas to the Ministry of Natural Resources and Environment;
d) update
information about soil pollution areas within their provinces to the
environmental information system and database as prescribed.
Section 4. NATURAL HERITAGE SITE ENVIRONMENT PROTECTION
Article 20. Natural heritage sites
1.
Natural heritage sites include:
a)
National parks, nature reserves, habitat/species management areas, landscape
protected areas established in accordance with the law on biodiversity,
forestry and fisheries; landscapes recognized as cultural heritage established
in accordance with the law on cultural heritage;
b)
Natural heritage sites recognized by international organizations;
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2. The
establishment and recognition of natural heritage sites in Point c Clause 1 of
this Article shall be based on any of the following criteria:
a) They are
of outstanding, unique or exceptional natural beauty;
b) They
provide excellent examples of ongoing ecological and biological evolutionary
processes or furnishes habitats for endangered, precious, rare or endemic
species or are sites of exceptional biodiversity or are of significance for
biological diversity conservation;
c) They
are outstanding examples representing major stages of earth's history,
including the record of life or significant geomorphic or physiographic
features;
d) They
play a significantly important role in climate regulation, water protection,
ecological balance and provision of ecosystem services.
3. The
Government shall elaborate criteria, procedures and power for establishing and
recognizing natural heritage sites in Point c Clause 1 of this Article;
procedures and power for applying for recognition of natural heritage sites in
Point b Clause 1 of this Article.
Article 21. Natural heritage site environment protection
1.
Natural heritage site environment shall be investigated, assessed, managed and
protected.
2.
Natural heritage site environment protection is a content of the national
environmental protection planning, regional planning and provincial planning.
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4. The
Government shall elaborate Clause 1 of this Article.
Chapter III
NATIONAL ENVIRONMENTAL PROTECTION STRATEGY
AND NATIONAL ENVIRONMENTAL PROTECTION PLANNING; ENVIRONMENTAL PROTECTION
CONTENTS IN REGIONAL PLANNING AND PROVINCAL PLANNING
Article 22. National environmental protection strategy
1. A
national environmental protection strategy shall serve as the basis for
formulating the national environmental protection planning and incorporating
environmental protection requirements in the socio-economic development
strategy and planning.
2.
Contents of the national environmental protection strategy include:
a)
Viewpoints, vision and objectives;
b) Tasks;
c)
Solutions for implementation;
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dd) Plan and
resources for implementation.
3. The
national environmental protection strategy is formulated for 10-year periods.
Its orientations cover a period of 30 years.
4. The
Ministry of Natural Resources and Environment shall formulate and submit the
national environmental protection strategy to the Prime Minister.
Article 23. National environmental protection planning
1. Bases
for formulating the national environmental protection planning are prescribed
by the Law on Planning and include:
a) The
national environmental protection strategy during the same development period;
b)
Climate change scenarios during the same development period.
2.
Contents of the national environmental protection planning; the formulation,
appraisal, approval and adjustment of the national environmental protection
planning and national environmental protection planning period shall comply
with regulations of the Law on Planning.
3. The
Ministry of Natural Resources and Environment shall organize formulation of the
national environmental protection planning.
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Article 24. Environmental protection contents in regional
planning and provincial planning
1.
Environmental protection contents specified in regional planning and provincial
planning shall comply with regulations of law on planning.
2. The
Government shall provide for environmental zoning upon formulation of the
provincial planning. The Ministry of Natural Resources and Environment shall
develop environmental protection contents for the regional planning; provide
guidelines for developing environmental protection contents for the provincial
planning.
3.
Provincial specialized environmental protection authorities shall develop
environmental protection contents for the provincial planning.
Chapter IV
STRATEGIC ENVIRONMENTAL ASSESSMENT,
ENVIORNMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL LICENSES
Section 1. STRATEGIC ENVIRONMENTAL ASSESSMENT
Article 25. Subjects required to undergo strategic
environmental assessment
1.
National strategy for extraction and use of natural resources.
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3.
National and regional strategy for field and sector development, national
sector planning and technical and specialized planning having great impacts on
the environment on the list prescribed by the Government.
4.
Adjustments to the planning specified in Clauses 2 and 3 of this Article.
Article 26. Carrying out strategic environmental assessment
1.
Organizations assigned to formulate the strategy and planning specified in
Article 25 of this Law shall carry out strategic environmental assessment in
the process of formulating such strategy and planning.
2. The
result of strategic environmental assessment of the strategy specified in
Clauses 1 and 3 Article 25 of this Law shall be incorporated in the application
for approval of the strategy.
3. The
result of strategic environmental assessment of the planning specified in
Clauses 2 and 3 Article 25 of this Law shall be presented in a report enclosed
with the application for approval of the planning.
4. The
agency presiding over appraising planning shall appraise strategic
environmental assessment result during the appraisal. The agency approving the
strategy shall consider strategic environmental assessment result during the
approval.
5. The
Ministry of Natural Resources and Environment shall give its written opinions
on contents of strategic environmental assessment of strategies and planning.
6. The
strategic environmental assessment result shall serve as one of the bases for
the competent authority to consider approving a strategy or planning.
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1.
Contents of strategic environmental assessment include:
a)
Assessing conformity of the environmental protection policy with viewpoints,
objectives and policies on environmental protection and sustainable
development, and international environmental agreements to which the Socialist
Republic of Vietnam is a signatory and regulations of this Law;
b)
Proposing schemes for adjustment and completion of contents of conformity of
the environmental protection policy with viewpoints, objectives and policies on
environmental protection and sustainable development, and international
environmental agreements to which the Socialist Republic of Vietnam is a signatory
and regulations of this Law.
2.
Contents of strategic environmental assessment of the planning include:
a)
Planning contents that may impact the environment;
b) Scope
of strategic environmental assessment;
c) Environmental
components and natural heritage sites that may be affected by the planning;
d)
Strategic environmental assessment methods applied;
dd)
Comparing and assessing conformity of viewpoints and objectives of the planning
with viewpoints, objectives and policies on environmental protection, national
environmental protection strategy and planning, and environmental protection
contents in the regional and provincial planning;
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g)
Impacts of climate change;
h)
Results of forecasting negative and positive trends of major environmental
issues upon implementing the planning; solutions for maintaining positive trends
and reducing negative trends of major environmental issues;
i)
Orientations for environmental protection during the implementation of
planning;
k)
Results of consultation with relevant parties during the strategic
environmental assessment;
l) Noteworthy
environment protection-related issues (if any), proposed directions and
solutions for resolution.
3. The
Minister of Natural Resources and Environment shall elaborate this Article.
Section 2. ENVIRONMENTAL CRITERIA FOR INVESTMENT PROJECT
CLASSIFICATION, PRELIMINARY ENVIRONMENTAL IMPACT ASSESSMENT
Article 28. Environmental criteria for investment project
classification
1.
Environmental criteria for investment project classification include:
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b) Area
of land, land with water surface, and sea used; scale of extraction of natural
resources;
c)
Environmentally sensitive factors including high density residential areas;
water source used for supply of domestic water; wildlife sanctuaries prescribed
by the law on biodiversity and fisheries; types of forests prescribed by the
law on forestry; other tangible cultural heritage and natural heritage sites;
land meant for growing wet rice during 02 or more cropping seasons; important
wetlands; migration and relocation requirements and other environmental
sensitive factors.
2.
According to the environmental criteria set out in Clause 1 of this Article,
investment projects shall be classified into Group I, II, III and IV.
3. Group
I investment projects are those that pose a high risk of adverse environmental
impacts, including:
a)
Large-scale and capacity projects involved in types of production, business and
services that are likely to cause environmental pollution; projects providing
hazardous waste treatment service; projects involving import of scrap from foreign countries as production materials;
b)
Medium-scale and capacity projects involved in types of production, business
and services with environmentally sensitive factors that are likely to cause;
large-scale and capacity projects not involved in types of production, business
and services with environmentally sensitive factors that are likely to cause
environmental pollution;
c) Large-
or medium-scale projects using land, land with water surface and marine area
with environmentally sensitive factors;
d) Large-
or medium-scale and capacity projects on extraction of minerals and water
resources with environmentally sensitive factors;
dd)
Projects requiring repurposing of land on at least medium scale with
environmentally sensitive factors;
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4. Group
II investment projects are those that pose a risk of adverse environmental
impacts, except for those specified in Clause 3 of this Article, including:
a)
Medium-scale and capacity projects involved in types of production, business
and services that are likely to cause environmental pollution;
b)
Small-scale and capacity projects involved in types of production, business and
services with environmentally sensitive factors that are likely to cause
environmental pollution; medium-scale and capacity projects not involved in
types of production, business and services with environmentally sensitive
factors that are likely to cause environmental pollution;
c) Large-
or medium-scale projects using land, land with water surface and marine area
with environmentally sensitive factors;
d)
Small-scale and capacity projects on extraction of minerals and water resources
with environmentally sensitive factors;
dd) Small-scale
projects requiring repurposing of land with environmentally sensitive factors;
e)
Medium-scale projects requiring migration and relocation.
5. Group
III investment projects are those that pose a risk of adverse environmental
impacts, except for those specified in Clauses 3 and 4 of this Article,
including:
a)
Small-scale and capacity projects involved in types of production, business and
services that are likely to cause environmental pollution;
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6. Group
IV investment projects are those that do not pose a risk of adverse
environmental impacts, except for those specified in Clauses 3, 4 and 5 of this
Article.
7. The
Government shall elaborate Clause 1 and promulgate a list of investment
projects specified in Clauses 3, 4 and 5 of this Article.
Article 29. Preliminary environmental impact assessment
1.
Projects subject to PEIA are group I investment projects specified in Clause 3
Article 28 of this Law.
2. The
PEIA shall be conducted during the period of pre-feasibility study on
investment in construction, proposal for investment guidelines and request for
approval of investment guidelines for investment projects subject to investment
guideline decision or approval in accordance with the Law on Investment, Law on
Public Investment, Law on Public-Private Partnership and Law on Construction.
3. The
PEIA shall focus on:
a)
Assessing the conformity of the investment project location with the national
environmental protection strategy, national environmental protection planning
and environmental protection contents in regional planning, provincial planning
and other relevant planning;
b)
Identifying and predicting major environmental impacts of the investment
project on the basis of scale, production technology and location of the
project;
c)
Identifying environmentally sensitive factors present in the investment project
location according to the location selection methods (if any);
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dd)
Determining notable major environmental issues and environmental impacts during
the EIA.
4.
Entities proposing the investment projects in Clause 1 of this Article shall
conduct PEIA. PEIA contents shall be considered by a competent authority
together with the application for investment guideline decision or approval.
Section 3. ENVIRONMENTAL IMPACT ASSESSMENT
Article 30. Projects subject to EIA
1.
Projects subject to EIA include:
a) Group
I investment projects mentioned in Clause 3 Article 28 of this Law;
b) Group
II investment projects mentioned in Points c, d, dd and e Clause 4 Article 28
of this Law.
2. If the
projects specified in Clause 1 of this Article are emergency public investment
projects as prescribed by the Law on Public Investment, they shall not be
subject to EIA.
Article 31. Carrying out EIA
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2. The
EIA result shall be presented in an environmental impact assessment report.
3. An
environmental impact assessment report is prepared for each investment project.
Article 32. Contents of environmental impact assessment
report
1. Main
contents of an environmental impact assessment report (hereinafter referred to
as “EIAR”) include:
a) Origin
of the investment project, project owner, authority approving the project;
legal and technical bases; EIA methods and other methods adopted (if any);
b)
Conformity of the investment project with the national environmental protection
planning, regional planning, provincial planning, regulations of law on
environmental protection and other relevant regulations of law;
c)
Assessing selected technologies and work items and activities that may result
in adverse environmental impacts;
d)
Natural, socio-economic and biodiversity conditions; assessment of state of the
environment; identifying affected subjects and sensitive environmental factor
at the project location; demonstration of the suitability of the project
location;
dd)
Identifying, assessing and predicting major environmental impacts and waste
generated in the phases of the investment project quantity and nature of waste;
impacts on biodiversity, natural heritage sites, historical-cultural
sites/monuments and other sensitive factors; impacts caused by land clearance,
migration and relocation (if any); identifying and assessing environmental
emergencies that are likely to occur;
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g)
Methods for reducing other adverse environmental impacts of the investment
project; environmental improvement and remediation scheme (if any);
biodiversity offsets scheme (if any); environmental emergency prevention and
response plan;
h)
Environmental management and supervision program;
i)
Consultation result;
k) Conclusions,
propositions and commitments made by the investment project owner.
2. The
Minister of Natural Resources and Environment shall elaborate this Article.
Article 33. Consultation during EIA
1.
Consultees include:
a)
Residential communities and individuals under direct impact of the investment
project;
b)
Agencies and organizations directly related to the investment project.
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a) The
investment project owner shall hold a consultation with the consultees specified
in Clause 1 of this Article. It is advisable to consult experts during the EIA;
b)
Agencies and organizations mentioned in Point b Clause 1 of this Article shall
give a written response to the investment project owner within the prescribed
time limit; if the time limit expires and a written response fails to be given,
it is considered that such agencies and organizations agree to the consultation
contents.
3.
Contents of a consultation consist of:
a)
Location of the investment project;
b)
Environmental impacts of the investment project;
c)
Measures to reduce adverse environmental impacts;
d)
Environmental management and supervision program; environmental emergency
prevention and response scheme;
dd) Other
contents related to the investment project.
4. The
consultation shall be held by publishing it on websites and adopting one or
more of the following methods:
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b)
Collecting written comments.
5. The
consultation result is important for the investment project owner to work out
solutions for minimizing environmental impacts and complete the environmental
impact assessment report. The consultation result shall be processed and fully
and truthfully present comments and propositions made by consultees and
entities getting interested in the investment project (if any). If the comments
or propositions are objected, the investment project owner is required to
provide a clear explanation. The investment project owner shall take legal
responsibility for consultation contents and result specified in the
environmental impact assessment report.
6.
Investment projects on the list of state secrets are not subject to
consultation.
7. The
Government shall elaborate this Article.
Article 34. Appraisal of EIAR
1. An application
for EIAR appraisal consists of:
a) An
application form EIAR appraisal;
b) The
EIAR;
c) A
feasibility study report of the investment project or equivalent document.
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3. The
EIAR shall be appraised as follows:
a) The
appraising authority shall decide to establish an appraisal council consisting
of at least 07 members; send the council establishment decision together with
the documents specified in Points b and c Clause 1 of this Article to each
member;
b) At
least one-third of the appraisal council’s members are experts. An expert must
have expertise in environment or another field related to the investment
project and at least 07 years' working experience if he/she holds a bachelor's
degree or equivalent qualification, at least 03 years’ working experience if
he/she holds a master's degree or equivalent qualification or at least 02
years’ working experience if he/she holds a doctorate degree or equivalent
qualification;
c)
Experts participating in conducting EIA of the investment project are not
allowed to join the council appraising the EIAR of such project;
d) If the
investment project discharges wastewater into a hydraulic structure, the
appraisal council must have a representative of the regulatory body managing
such hydraulic structure; the appraising authority shall collect written
comments and reach an agreement with that regulatory body before approving the
appraisal result.
The
regulatory body managing the hydraulic structure shall appoint a member to join
the appraisal council and comment on the approval of the appraisal result in
writing within the time limit for comment collection; if such time limit
expires and a written response fails to be given, it is considered that such
body agrees to the EIAR contents;
d)
Council's members shall consider the application for appraisal, make remarks about
the appraisal contents specified in Clause 7 of this Article and take legal
responsibility for their remarks;
e) The
appraising authority shall consider, evaluate and consolidate comments of
council’s members and relevant organizations (if any) to form a basis for
deciding to approve the EIAR appraisal result.
4. If
necessary, the appraising authority shall carry out a survey to collect
comments of organizations and experts to appraise the EIAR.
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6. The
time limit for EIAR appraisal begins on the date of receiving a satisfactory
application and is as follows:
a) Not
exceeding 45 days with respect to the Group I investment project mentioned in
Clause 3 Article 28 of this Law;
b) Not
exceeding 30 days with respect to the Group II investment project mentioned in
Point c, d, dd or e Clause 4 Article 28 of this Law.
c) Within
the time limit specified in Points a and b of this Clause, the appraising
authority shall notify the investment project owner in writing of the appraisal
result. The time when the investment project owner revises the EIAR at the
request of the appraising authority and the time when the approval decision is
considered to be issued as prescribed in Clause 9 of this Article shall not be
included in the time limit for appraisal;
d) The
time limit mentioned in Points a and b of this Clause may be extended under the
Prime Minister’s decision.
7.
Contents of EIAR appraisal are composed of:
a)
Conformity with the national environmental protection planning, regional
planning, provincial planning and regulations of law on environmental
protection;
b)
Conformity of the EIA method and other methods adopted (if any);
c)
Conformity of result of identification of a work item or activity likely to
result in adverse environmental impacts;
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dd)
Conformity of result of identification and prediction of major environmental
impacts and waste generated from the investment project; prediction of
environmental emergencies;
e) Conformity
and feasibility of environmental protection works and measures; environmental
improvement and remediation scheme (if any); biodiversity offsetting plan (if
any); environmental emergency prevention and response scheme;
g) Conformity
of the environmental management and supervision program; adequacy and
feasibility of environmental commitments made by the investment project owner.
8. The
Prime Minister shall decide to organize the EIAR appraisal that needs foreign
consultants. Result of the EIAR appraisal carried out by foreign consultants
shall serve as the basis for the competent authority specified in Article 35 of
this Law to approve the EIAR appraisal result.
9. Within
20 days from the receipt of the EIAR revised (if any) as requested by the
appraising authority, the head of the appraising authority shall decide to
approve the appraisal result; in case of refusal to grant approval, respond to
the investment project owner and provide explanation in writing.
10. The
submission of application for EIAR appraisal, receipt, processing and
notification of the EIAR appraisal result shall be carried out in person or by
post or through the online public service system at the request of the
investment project owner.
11. The
Minister of Natural Resources and Environment shall elaborate organizational
structures and operation of appraisal councils; make publicly available list of
appraisal councils; forms of documents included in the application for EIAR
appraisal and decision to approve EIAR appraisal result; time limit for comment
collection specified in Point d Clause 3 of this Article.
Article 35. Power to appraise EIAR
1. The
Ministry of Natural Resources and Environment shall organize appraisal of EIARs
for the following investment projects, except for the investment projects
specified in Clause 2 of this Article:
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b) Group
II investment projects in Points c, d, dd and e Clause 4 Article 28 of this Law
subject to investment guideline decision or approval by the National Assembly
and Prime Minister; investment projects involving 02 provinces or more;
investment projects located within territorial waters to which responsibility
of the provincial People’s Committee for administrative management are yet to
be assigned; investment projects subject to issuance of the mineral mining
license, license to extract and use water resources, ocean dumping permit and
marine area transfer decision by the Ministry of Natural Resources and
Environment.
2. The
Ministry of National Defense and Ministry of Public Security shall organize
appraisal of EIARs for investment projects classified as state secrets in the
field of national defense and security.
3.
Provincial People’s Committees shall organize appraisal of EIARs for investment
projects within their provinces, except for the investment projects in Clauses
1 and 2 of this Article. Ministries and ministerial agencies shall cooperate
with provincial People’s Committees shall appraise EIARs for investment
projects subject to investment guideline and decision by such provincial
People’s Committees.
Article 36. Decision on approval of EIAR appraisal result
1. The
decision on approval of EIAR appraisal result shall serve as the basis for a
competent authority to perform the following tasks:
a) Issue
and adjust the mineral mining license for mineral mining projects;
b)
Approve oil and gas exploration and field development plan for oil and gas
exploration and extraction projects;
c) Approve
feasibility study reports for public-private partnership investment projects;
d) Give
conclusions on appraisal of feasibility study reports for construction
projects;
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e) Issue
ocean dumping permits; marine area transfer decisions;
g) Issue
investment decisions for investment projects not mentioned in Points a, b, c,
d, dd and e of this Clause.
2. Except
for the investment projects classified as state secrets, the appraising
authority shall send the decision on approval of EIAR appraisal result to the
investment project owner and agencies concerned as follows:
a) The
Ministry of Natural Resources and Environment shall send it to the People’s
Committee of the province where the investment project is executed and other
agencies in accordance with relevant regulations of law. The provincial
People’s Committee shall send it to the provincial specialized environmental
protection authority, People’s Committee of the district or commune where the
investment project is executed and management board of an industrial park,
export-processing zone, hi-tech zone or economic zone of the province or
central-affiliated city for the investment project executed in the dedicated
area for production, business operation and service provision;
b) The
provincial People’s Committee shall send it to the Ministry of Natural
Resources and Environment, provincial specialized environmental protection
authority, People’s Committee of the district or commune where the investment
project is executed and management board of an industrial park,
export-processing zone, hi-tech zone or economic zone of the province or
central-affiliated city for the investment project executed in the dedicated
area for production, business operation and service provision.
3. If the
investment project owner is changed, the new one shall continue to implement
the decision on approval of EIAR result and inform the EIAR appraising
authority and provincial specialized environmental protection authority.
Article 37. Responsibility of investment project owner
after obtaining decision on approval of EIAR appraisal result
1. Revise
contents of the investment project and EIAR in conformity with environmental
protection contents and requirements set out in the decision on approval of
EIAR appraisal result.
2. Fully
comply with the decision on approval of EIAR appraisal result.
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4. During
the preparation and execution of the investment project before being put into
operation, in case of deviation from the decision on approval of EIAR appraisal
result, the investment project owner shall:
a)
conduct EIA of the investment project if there is any change to scale, capacity
or production technology or another change resulting in an increase in
environmental adverse impacts;
b) notify
the competent authority for approval during the issuance of the environmental
license to the investment project required to obtain the environmental license
in the case of change of a production technology, waste treatment technology or
location into which treated wastewater is directly discharged other than the
case specified in Point a of this Clause; addition of an industry or business
line in which investment is encouraged to the dedicated area for production,
business operation and service provision or industrial cluster;
c)
conduct environmental impact self-assessment, consider, decide and take legal
responsibility for other changes other than those specified in Points a and b
of this Clause; incorporate the environmental impact self-assessment in the report
on proposal for issuance of the environmental license (if any).
5. Make
publicly available the EIAR of which the result of appraisal has been approved
as prescribed in Article 114 of this Law, except for the information classified
as state secrets or enterprise’s secrets as prescribed by law.
6.
Perform other tasks as prescribed by the law on environmental protection.
7. The
Government shall elaborate Clause 4 of this Article.
Article 38. Responsibility of EIAR appraising authority
1. Take
responsibility for EIAR appraisal results and decisions on approval of EIAR
appraisal results.
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3.
Establish and integrate EIA database to the national environmental database.
Section 4. ENVIRONMENTAL LICENSE
Article 39. Obliged applicants for environmental license
1. Group
I, II and III projects that generate wastewater, dusts and exhaust gases that
must be treated into the environment or generate hazardous waste that must be
managed in accordance with regulations on waste management before officially
being put into operation.
2.
Investment projects, dedicated areas for production, business operation and
service provision and industrial clusters operating before the effective date
of this Law and applying environmental criteria as the projects mentioned in
Clause 1 of this Article.
3. If the
projects mentioned in Clause 1 of this Article are emergency public investment
projects as prescribed by the Law on Public Investment, they are exempt from
the environmental license.
Article 40. Contents of environmental license
1.
Contents of an environmental license include general information about the
investment project, business, dedicated area for production, business operation
and service provision or industrial cluster; items to be licensed;
environmental protection requirements; validity period; other contents (if
any).
2. Items
to be licensed include:
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b) Source
of emissions; maximum exhaust gas flow rate; wastewater flow; pollutants and
permissible limits of pollutants in the emissions flow; location and method of
exhaust gas discharge;
c) Source
and permissible limits of noise and vibration;
d) Works
and system for hazardous waste treatment; hazardous waste code and quantity of
waste permitted for treatment, quantity of hazardous waste transfer stations,
operating area with regard to the investment project, hazardous waste treatment
service providers;
dd) Type
and quantity of scrap permitted for import with regard to the investment
project, establishments importing scrap from
foreign countries as production materials
3.
Environmental protection requirements are as follows:
a) There
should be appropriate works and measures for collecting and treating waste and
emissions and reducing noise and vibration; in the case of discharge of
wastewater into hydraulic structures, environmental protection requirements
should be in place to be applied to the source of water discharged into
hydraulic structures;
b)
Regarding investment projects and hazardous waste treatment providers, there
should be measures, systems, works and equipment serving storage, transport,
transfer, preliminary processing and treatment which satisfy technical and
managerial requirements;
c)
Regarding investment projects and establishments importing scrap from foreign countries as production materials, there
should be appropriate warehouses and yards for scrap storage; recycling
equipment; impurity treatment scheme; re-export scheme;
d) There
should be environmental management and supervision plans, environmental
emergency prevention and response plans; equipment and works serving
environmental emergency prevention and response and environmental monitoring;
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e) Other environmental
protection requirements (if any).
4. The
environmental license shall be valid for:
a) 07
years, regarding group I investment projects;
b) 07
years, regarding businesses, dedicated areas for production, business operation
and service provision and industrial clusters operating before the effective
date of this Law and applying environmental criteria as Group I investment
projects;
c) 10
years, regarding the license holders not mentioned in Points a and b of this
Clause;
d) The
validity period may be shorter than that specified in Points a, b and c of this
Clause at the request of the investment project owners, businesses, investors
in construction and commercial operation of infrastructure in dedicated areas
for production, business operation and service provision and industrial
clusters (hereinafter collectively referred to as “investment project/business
owners”).
5. The
Minister of Natural Resources and Environment shall promulgate form of the
environmental license.
Article 41. The power to issue environmental license
1. The
Ministry of Natural Resources and Environment shall issue the environmental
license to the following applicants, except for the case specified in Clause 2
of this Article:
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b) The
projects specified in Article 39 hereof that involve 02 provinces or more or
are located within territorial waters to which responsibility of the provincial
People’s Committee for administrative management are yet to be assigned;
establishments importing scrap from foreign
countries as production materials, hazardous waste treatment service providers.
2. The
Ministry of National Defense and Ministry of Public Security shall issue the
environmental license to investment projects and establishments classified as
state secrets in the field of national defense and security.
3.
Provincial People’s Committees shall issue the environmental license to the
following obliged applicants, except for the cases specified in Clauses 1 and 2
of this Article:
a) Group
II investment projects in Article 39 hereof;
b) Group
II investment projects in Article 39 hereof that involve 02 districts or more;
c) The
investment projects in Clause 2 Article 39 hereof for which the EIAR appraisal
result has been approved by the provincial People’s Committee or Ministry of
Natural Resources and Environment or ministerial agency.
4.
District-level People’s Committees shall issue the environmental license to the
applicants in Article 39 hereof, except for the cases specified in Clauses 1, 2
and 3 of this Article.
Article 42. Bases and time for issuance of environmental
license
1. Bases
for issuance of the environmental license include:
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b) The
EIAR of which result of appraisal has been approved by the competent authority
(if any);
c)
National environmental protection planning, provincial planning, regulations on
environmental zoning and environment’s carrying capacity under the competent
authority’s decision, except for the case specified in Point e of this Clause;
d)
Technical regulation on environment;
dd)
Regulations of law on environmental protection, water resources and other
relevant regulations of law;
e) At the
time of issuing the environmental license, if the national environmental
protection planning, provincial planning or regulation on environmental zoning
or environment’s carrying capacity has not yet been promulgated by the
competent authority, the environmental license shall be issued according to
Points a, b, d and dd of this Clause.
2. The
time for issuance of the environmental license is as follows:
a) An
investment project subject to EIA must obtain the environmental license before
trial operation of the waste treatment work, except for the case in Point c of
this Clause;
b) An
investment project not subject to EIA must obtain the environmental license
before the competent authority promulgates the document specified in Points a,
b, c, d and g Clause 1 Article 36 of this Law. If a construction project is not
subject to feasibility study report appraisal by the specialized construction
authority in accordance with regulations of law on construction, it must obtain
the environmental license before the competent authority issues or adjusts the
construction permit;
c) If the
waste treatment work of the investment project in Clause 2 Article 39 hereof is
currently under trial operation as prescribed by law before the effective date
of this Law, the project owner is entitled to continue the trial operation to
obtain the environmental license after the trial operation is done or prepare
an application for the environmental license before the trial operation is
done. The project owner is not required to carry out the trial operation again,
however, the result of trial operation must be reported and evaluated as
prescribed in Article 46 of this Law;
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3. If the
investment project or project on construction of a business, dedicated area for
production, business operation and service provision or industrial cluster is
executed in multiple phases or has multiple works or work items, the
environmental license may be issued to each phase, work or item work that
generates waste. The later issued environmental license shall incorporate
contents of the previously issued license that is still effective.
4. The
environmental license shall serve as the basis for carrying out the following
activities:
a)
Inspection and supervision by competent authorities of environmental protection
activities of investment projects, businesses, dedicated areas for production,
business operation and service provision and industrial clusters;
b)
Assumption of responsibility for environmental protection by investment
project/business owners.
5. If
name of the investment project, business or dedicated area production, business
operation and service provision or investment project/business owner is
changed, the investment project/business owner shall continue to comply with
the environmental license and notify the licensing authority for replacement of
the license.
6. From
the effective date of the environmental license, the decision on approval of
EIAR appraisal result and component environmental license becomes null and
void.
Article 43. Applications and procedures for issuance of
environmental license
1. An
application for issuance of an environmental license includes:
a) An
application form;
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c) Legal
and technical documentation of the investment project, business, dedicated area
for production, business operation and service provision or industrial cluster.
2.
Procedures for issuance of the environmental license are as follows:
a) An
investment project/business owner shall send an application for issuance of the
environmental license to the competent authority specified in Article 41
hereof. The application may be submitted in person or by post or through the
online public service system;
b) The
licensing authority shall receive the application and inspect its adequacy and
validity; make publicly available contents of the report on proposal for issuance
of the environmental license, except for information classified as state
secrets or enterprise's secrets as prescribed by law; consult relevant
organizations and individuals; carry out a site inspection of the investment
project, business, dedicated area for production, business operation and
service provision or industrial cluster; carry out appraisal and issue the
environmental license.
The
sequence of receiving and handling administrative procedures shall be followed
in person, by post or through the online public service system at the request
of the investment project/business owner;
c) If the
investment project, business, dedicated area for production, business operation
and service provision or industrial cluster discharges wastewater into a
hydraulic structure, the licensing authority shall collect written comments and
reach an agreement with the regulatory body managing such hydraulic structure
before issuing the environmental license;
d) If the
investment project or business is located within a dedicated area for
production, business operation and service provision or industrial cluster, the
licensing authority shall collect written comments of the investor in
construction and commercial operation of such dedicated area for production,
business operation and service provision or industrial cluster before issuing
the environmental license.
3. The
licensing shall be based on appraisal of the report on proposal for issuance of
the environmental license. The licensing authority shall establish an appraisal
council and inspectorate in accordance with the Government's regulations.
Regarding
the investment project, business, dedicated area for production, business
operation and service provision or industrial cluster that discharges
wastewater into a hydraulic structure, the appraisal council and inspectorate
shall include a representative from the regulatory body managing such hydraulic
structure.
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4. The
time limit for licensing begins on the date of receiving a satisfactory
application and is as follow:
a) Not
exceeding 45 days if the environmental license is issued by the Ministry of
Natural Resources and Environment, Ministry of National Defense and Ministry of
Public Security;
b) Not
exceeding 30 days if the environmental license is issued by a provincial or
district-level People’s Committee;
c) The
licensing authority may impose a time limit shorter than that specified in
Points a and b of this Clause according to the type, scale and nature of the
investment project, business, dedicated area for production, business operation
and service provision or industrial cluster.
5. If an
investment project, business, dedicated area for production, business operation
and service provision required to obtain the environmental license performs
radiation works, it shall, in addition to complying with regulations of this
Law, comply with regulations of law on atomic energy.
6. The
Government shall elaborate this Article.
Article 44. Replacement, adjustment, re-issuance,
suspension and revocation of environmental license
1. An
environmental license shall be replaced in the case specified in Clause 5
Article 42 of this Law but other information in the license remains unchanged.
2. An environmental
license may be adjusted within its validity period in one of the following
cases:
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b) The
investment project or business provides hazardous waste services or imports
scrap from a foreign country as production
materials after the trial operation is done to suit its operating capacity.
3. An
environmental license may be re-issued in the following cases:
a) The
license expires;
b) The
investment project, business, dedicated area for production, business operation
and service provision or industrial cluster makes any of the changes in the
total scale, capacity or technology production or another change resulting in
adverse impacts on the environment, except for the case where the investment
project making the change is not subject to EIA.
4. The
environmental license shall be suspended if the investment project/business
owner commits an administrative violation against regulations on environmental
protection which is so serious that the environmental license is suspended in
accordance with regulations of law on penalties for administrative violations.
5. An
environmental license shall be revoked in one of the following cases:
a) The
license is issued ultra vires;
b) Its
contents are against the law.
6. The
Government shall elaborate this Article.
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1. The
investment project/business owner shall pay fees for issuance, re-issuance and
adjustment of the environmental license.
2. The
Minister of Finance shall provide for collection, payment, management and use
of fees for issuance, re-issuance and adjustment of the environmental license
issued by central government authorities.
3.
Provincial People's Councils shall provide for collection, payment, management
and use of fees for issuance, re-issuance and adjustment of the environmental
license issued by provincial and district-level People’s Committees as
prescribed by law.
Article 46. Environmental protection works and trial
operation of waste treatment works of investment projects after obtaining environmental
license
1.
Environmental protection works of an investment project include:
a) Waste
treatment works which are works and equipment serving treatment of wastewater,
dusts, emissions, solid waste and hazardous waste;
b) Works
for solid waste collection and storage which are works and equipment serving
collection and storage of normal solid waste, medical solid waste and hazardous
waste to satisfy the requirements for classifying, collecting, storing,
reusing, recycling and transporting solid waste to places of treatment, reuse
or recycling;
c) Other
environmental protection works.
2. Every
investment project owner that has the waste treatment work specified in Point a
Clause 1 of this Article shall, after obtaining the environmental license,
carry out trial operation of such waste treatment work together with the trial
operation of the entire investment project or for each investment phase of the
project (if any) or for the independent waste treatment work item of the
project to assess the conformity and satisfaction of a technical regulation on
environment.
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4. For
the investment project that involves provision of hazardous waste treatment
services or import of scrap from a foreign
country as production materials, at least 45 days before the end of its trial
operation, the investment project owner shall send a report on trial operation
to the authority issuing the environmental license to the project. The
licensing authority shall carry out an inspection and decide to adjust the type
and quantity of hazardous waste licensed for treatment or quantity of scrap
licensed for import and impose penalties for violations (if any) as prescribed
by law.
5. The
Government shall elaborate this Article.
Article 47. Rights and obligations of investment
project/business owners issued with the environmental license
1. Every
investment project/business owner issued with the environmental license has the
right to:
a)
perform the licensed tasks specified in the environmental license;
b) apply
for replacement, adjustment or re-issuance of the environmental license;
c) Other
rights prescribed by law.
2. Every
investment project/business owner issued with the environmental license has the
obligation to:
a)
correctly and fully comply with the environmental protection requirements specified
in the issued environmental license. If any content of the issued environmental
license is changed, notify the licensing authority for consideration;
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c)
correctly comply with regulations on trial operation of waste treatment works
of investment projects as prescribed in Article 46 of this Law;
d) take
responsibility for the accuracy and truthfulness of the application for
issuance of the environmental license;
dd) make
publicly available the environmental license, except for information classified
as state secrets and enterprise’s secrets as prescribed by law;
e)
provide relevant information at the request of environmental protection
authorities during the inspection;
g) Other
obligations prescribed by law.
Article 48. Responsibilities of licensing authorities
Each
licensing authority has the responsibility to:
1.
Receive, inspect and appraise the application for environmental license and
issue environmental licenses; replace, adjust or re-issue the environmental
license at the request of investment project/business owners; take
responsibility for contents of the environmental license; manage and store
documents and data on the environmental license; partially suspend any
investment projects, business, dedicated areas for production, business
operation and service provision and industrial clusters’ activity that causes
or is likely to cause serious consequences the environment; revoke
environmental licenses.
2.
Publish environmental licenses on its website, except for information
classified as state secrets and enterprise’s secrets as prescribed by law.
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4.
Receive and handle propositions about environmental protection regarding the
contents specified in the environmental license; instruct project investment
owners to carry out trial operation of waste treatment works, remediation the
environment and respond to environmental emergencies (if any) during trial
operation.
5.
Operate, update and integrate data on environmental licenses into the
environmental information system and database. The reporting and sharing of
information and data on environmental licenses shall be carried out in an
interconnected manner and online within the environmental information system
and database.
Article 49. Environmental registration
1.
Obliged registrants:
a)
Waste-generating investment projects not required to obtain an environmental
license;
b)
Waste-generating businesses operating before the effective date of this Law not
required to obtain an environmental license.
2. The
registrants specified in Clause 1 of this Article shall be exempt from
environmental registration, including:
a)
Investment projects and businesses classified as state secrets in the field of
national defense and security;
b)
Investment projects when put into operation and businesses that do not generate
waste or only generate a small quantity of waste which is treated using in situ
waste treatment works or managed in accordance with regulations of the local
government;
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3.
Communal People’s Committees shall receive environmental registration forms of
the registrants specified in Clause 1 of this Article in person, by post or
through the online public service system.
For an
investment project or business that involves at least 02 communes, the
investment project/business owner is entitled to select the People’s Committee
of any commune to carry out environmental registration.
4.
Environmental registration shall cover:
a) General
information about the investment project/business;
b) Type
of production, business and service; technologies, capacity, products; raw
materials, fuels and chemicals used (if any);
c) Type
and quantity of waste generated;
d) A scheme
to collect, manage and treat waste as prescribed;
dd)
Commitments to environmental protection.
5. During
the operation, if the investment project or business changes any registered
content, the investment project/business owner shall carry out environmental
registration again before making a change.
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6. The
time for environmental registration is as follows:
a) The
investment projects that are specified in Point a Clause 1 of this Article and
subject to EIA and environmental registration before being put into official
operation;
b) The
investment projects that are specified in Point a Clause 1 of this Article but
not subject to EIA and environmental registration before the competent
authority issue the construction permit if a construction permit is required in
accordance with regulations of law on construction or before waste is
discharged into the environment if a construction permit is not required in
accordance with regulations of law on construction;
c) The
businesses that are specified in Point b Clause 1 of this Article and subject
to environmental registration within 24 months from the effective date of this
Law.
7.
Communal People’s Committees shall:
a)
receive environmental registration forms;
b) carry
out inspections and impose penalties for violations against the law on
environmental protection committed by entities carrying out environmental
registration;
c)
provide guidance and handle propositions about environmental protection
regarding the contents registered by the entities carrying out environmental
registration;
d) update
data on environmental protection to the national environmental information
system and database.
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9. The
Minister of Natural Resources and Environment shall promulgate environmental
registration forms and provide guidelines for receipt of environmental
registration forms.
Chapter V
ENVIRONMENTAL PROTECTION DURING
PRODUCTION, BUSINESS OPERATION AND SERVICE PROVISION; URBAN AND RURAL
ENVIRONMENTAL PROTECTION; ENVIRONMENTAL PROTECTION IN SOME FIELDS
Section 1. ENVIRONMENTAL PROTECTION DURING PRODUCTION,
BUSINESS OPERATION AND SERVICE PROVISION
Article 50. Environmental protection in economic zones
1. An
economic zone must have environmental protection infrastructure, including:
a) A
solid waste collection and storage system;
b) A
rainwater collection and drainage system;
c) A
wastewater collection, drainage and treatment system which ensures that treated
wastewater complies with environmental protection requirements; automatic and
continuous wastewater monitoring system if the economic zone has a centralized
wastewater treatment system and is required to carry out automatic and
continuous monitoring in accordance with this Law;
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2.
Economic zone management boards must have an environmental protection
department and personnel in charge of environmental protection majoring in
environment or field suitable for their assigned tasks.
3. Every
economic zone management board shall:
a)
inspect and supervise the construction of environmental protection
infrastructure in dedicated areas for industrial production of the economic
zone as prescribed by law;
b)
cooperate with local environmental protection authorities in appraising EIARs,
issuing environmental licenses, carrying out environmental protection
inspection and perform other environmental protection-related tasks in the
economic zone as prescribed by law;
c) carry out
inspection of environmental protection by businesses, dedicated areas for
production, business operation and service provision and industrial cluster in
the economic zone according to the plan approved by the provincial People’s
Committee;
d)
promptly discover violations against the law on environmental protection
committed by entities and propose penalties therefor as prescribed by law;
dd)
perform other environmental protection-related tasks assigned by the provincial
People’s Committee as prescribed by law;
e) submit
a report on environmental protection by the economic zone as prescribed by law;
g) assume
other responsibilities prescribed by law.
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1. A
dedicated area for production, business operation and service provision must
have environmental protection infrastructure, including:
a) A
rainwater collection and drainage system; centralized wastewater collection,
drainage and treatment system which ensures that treated wastewater satisfies
environmental protection requirements;
b) Works
and equipment serving environmental emergency prevention and response for
wastewater as prescribed by law;
c) An
automatic and continuous wastewater monitoring system for the centralized
wastewater treatment system as prescribed by this Law;
d) Green
space with the ratio prescribed by the law on construction.
2.
Management boards of industrial parks, export-processing zones and hi-tech
zones of provinces and central-affiliated cities must have an environmental
protection department and personnel in charge of environmental protection
majoring in environment or field suitable for their assigned tasks.
3. Every
management board of an industrial park, export-processing zone or hi-tech zone
of a province or central-affiliated city shall:
a)
inspect and supervise the construction of environmental protection
infrastructure in dedicated areas for production, business operation and
service provision as prescribed by law;
b)
cooperate with local environmental protection authorities in appraising EIARs,
issuing environmental licenses, carrying out environmental protection
inspection and perform other environmental protection-related tasks in
dedicated areas for production, business operation and service provision as
prescribed by law;
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d) promptly
discover violations against the law on environmental protection committed by
entities and propose penalties therefor as prescribed by law;
dd)
submit a report on environmental protection in dedicated areas for production,
business operation and service provision as prescribed by law;
e)
perform other environmental protection-related tasks assigned by the provincial
People’s Committee as prescribed by law;
g) assume
other responsibilities prescribed by law.
4. Every
investor in construction and commercial operation of infrastructure of a
dedicated area for production, business operation and service provision shall:
a)
satisfy the requirements set out in Clause 1 of this Article;
b)
arrange dedicated areas and types of production, business and services in
conformity with environmental protection requirements;
c)
construct a rainwater collection and drainage system separately from the
centralized wastewater collection, drainage and treatment system;
d)
collect and connect wastewater of facilities in the dedicated area for
production, business operation and service provision to the centralized water
collection, drainage and treatment system;
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e)
provide personnel in charge of environmental protection majoring in environment
or field suitable for their assigned tasks;
g)
cooperate with an environmental protection authority, management board of an
industrial park, export-processing zone, hi-tech zone or economic zone of a
province or central-affiliated city in environmental protection; cooperate in
organizing inspection of environmental protection by facilities in the
dedicated area for production, business operation and service provision as
prescribed by law;
h)
organize the inspection of fulfillment of environmental commitments by the
investment project/business owner upon registering investment in the dedicated
area for production, business operation and service provision;
i)
promptly discover violations against the law on environmental protection committed
by entities and propose penalties therefor as prescribed by law;
k)
promulgate environmental protection regulations of the dedicated area for
production, business operation and service provision in conformity with
environmental protection requirements as prescribed by law;
l) carry
out environmental monitoring as prescribed by law;
m)
prepare a report on environmental protection in the dedicated area for
production, business operation and service provision and send it to the
provincial specialized environmental protection authority, licensing authority
and management board of the industrial park, export-processing zone, hi-tech
zone or economic zone of the province or central-affiliated city as prescribed
by law;
n) assume
other responsibilities prescribed by law.
5.
Provincial People’s Committees shall:
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b) direct
specialized agencies and management boards of industrial parks,
export-processing zones, hi-tech zones and economic zones of provinces and
central-affiliated cities to comply with regulations of law on environmental
protection applicable to dedicated areas for production, business and service
provision;
c)
promulgate regulations on encouraging involvement of private sector in
construction, commercial operation and operation of infrastructure serving
environmental protection in dedicated areas for production, business and
service provision;
d) assume
other responsibilities prescribed by law.
6. The
Government shall elaborate this Article.
Article 52. Environmental protection in industrial clusters
1. Every
industrial cluster must have the environmental protection infrastructure
specified in Clause 1 Article 51 of this Law.
2. An
industrial cluster that is operating must satisfy the following requirements:
a) The
environmental protection infrastructure specified in Clause 1 Article 51 of
this Law must be completed within 24 months from the effective date of this
Law;
b) In the
case of exemption from connection to the centralized wastewater collection,
drainage and treatment system, it is required to ensure that treated wastewater
complies with environmental protection requirements before discharging it into
the environment; there should be an environmental emergency prevention and
response scheme tailored for the wastewater and automatic and continuous
wastewater monitoring system as prescribed by law.
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a)
satisfy the requirements set out in Clause 1 of this Article;
b)
construct, manage and operate environmental protection infrastructure as
prescribed in Clause 1 of this Article.
c) not
accept new projects and capacity increase of existing projects that generate
waste in the industrial cluster before a centralized wastewater collection,
drainage and treatment system is available;
d)
collect and connect wastewater of facilities in the industrial cluster to the
centralized water collection, drainage and treatment system;
dd)
request facilities discharging treated wastewater into the rainwater collection
and drainage system to halt discharge of treated wastewater into the rainwater
collection and drainage system within 24 months from the effective date of this
Law;
e) assign
at least one person in charge of environmental protection majoring in
environment or field suitable for his/her assigned tasks;
g) cooperate
with an environmental protection authority in environmental protection;
cooperate in organizing inspection of environmental protection by facilities in
the industrial cluster as prescribed by law;
h)
organize the inspection of fulfillment of environmental commitments by the
investment project/business owner upon registering investment in the industrial
cluster;
i)
promptly discover violations against the law on environmental protection
committed by entities and propose penalties therefor as prescribed by law;
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l)
prepare a report on environmental protection by the industrial cluster and send
it to the provincial specialized environmental protection authority, licensing
authority and district-level People’s Committee as prescribed by law;
m) assume
other responsibilities prescribed by law.
4. Encouragement
of private sector involvement and provision of incentives and assistance to
investors in construction and commercial operation of environmental protection
infrastructure of industrial clusters shall comply with regulations of the
Government and provincial People’s Committees.
5.
District-level People’s Committees shall:
a)
construct, manage and operate infrastructure serving environmental protection
in industrial clusters if investors on construction and commercial operation of
industrial cluster infrastructure are not available.
b)
prepare a list of industrial clusters that fail to have a centralized
wastewater collection, drainage and treatment system within their districts and
notify the provincial People’s Committees;
c) assume
other responsibilities prescribed by law.
6.
Provincial People’s Committees shall:
a) direct
specialized agencies, district and communal-level People’s Committee to comply
with regulations of law on environmental protection of industrial clusters;
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c)
introduce a roadmap for relocate residents (if any) from industrial clusters.
Article 53. Environmental protection in businesses
1. Every
business shall:
a)
collect and treat wastewater in line with environmental protection
requirements. If the business operates in an industrial cluster, dedicated area
for production, business operation and service provision, urban area or high
density residential area that has a centralized wastewater collection, drainage
and treatment system, the business owner shall connect wastewater to the
centralized wastewater collection, drainage and treatment of the investor in
construction and commercial operation of that centralized wastewater
collection, drainage and treatment system, except for the case where the
business has been exempted from wastewater connection before the effective date
of this Law;
b) comply
with regulations set forth in Point dd Clause 4 Article 51 and Point dd Clause
3 Article 52 of this Law, regarding the business operating in an industrial
cluster or dedicated area for production, business operation and service
provision and discharging treated wastewater into the rainwater collection and
drainage system;
c)
collect, classify, store, reuse, recycle and treat waste as prescribe by this
Law;
d)
reduce, collect and treat dusts, emissions and unpleasant odors; ensure noxious
gases are not leaked or released into the environment; control noise,
vibration, light and heat radiation;
dd)
provide resources and equipment for environmental emergency prevention and
response;
e)
regarding the business specified in Point b Clause 2 Article 111 and Clause 2
Article 112 hereof, provide personnel in charge of environmental protection
majoring in environment or field suitable for their assigned tasks; establish
an environmental management system according to the national standard TCVN ISO
14001 or international standard ISO 14001;
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2. In the
following cases, businesses and warehouses must maintain a safe environmental
distance from residential areas:
a)
Flammable and explosive substances are present;
b)
Radioactive substances, radioactive waste or radiation equipment is present;
c)
Substances harmful to humans and animals are present;
d) There
is a risk of generating dusts, unpleasant odors or noise resulting in adverse
impacts on human health;
dd) There
is a risk of causing water contamination.
3.
Household or individual businesses that generate wastewater or exhaust gases
must have works or equipment for in situ waste treatment in accordance with
environmental protection requirements or regulations of the provincial People’s
Committee.
4. The
Government shall elaborate Clause 2 of this Article.
5. The
Minister of Natural Resources and Environment shall provide technical guidance
and assess conformity of works or equipment for in situ waste treatment
specified in Clause 3 of this Article.
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Article 54. Responsibility of producers and importers for
recycling
1.
Producers and importers of recyclable products and packages must recycle them
according to the mandatory recycling rate and specifications, except for
products and packages exported/temporarily imported or produced/imported for
research, learning or testing purposes.
2. The
producers and importers specified in Clause 1 of this Article are entitled to
recycle products and packages adopting one of the following methods:
a)
Organize recycling of products and packages;
b) Make a
financial contribution to the Vietnam Environment Protection Fund to support
recycling of products and packages.
3. The
producers and importers specified in Clause 1 of this Article shall register
their recycling plans and submit annual reports on recycling results to the
Ministry of Natural Resources and Environment, except for the case in Point b
Clause 2 of this Article.
4. The
financial contribution and use of financial assistance in recycling of products
and packages specified in Point b Clause 2 of this Article shall adhere to the
following principles:
a) The
financial contributions and financial assistance in recycling are determined
according to the quantity or unit of products/packages;
b)
Financial contributions are used to support the recycling of products and
packages specified in Clause 1 of this Article;
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5. The
Government shall elaborate and introduce a roadmap for implementation of this
Article.
Article 55. Responsibility of producers and importers for
waste collection and treatment
1. The
producers and importers of products and packages which contain toxic
substances, are difficult to recycle or cause a difficulty in collection and
treatment must make a financial contribution to support the activities
mentioned in Clause 3 of this Article, except for products exported/temporarily
imported or produced/imported for research, learning or testing purposes.
2. The
producers and importers specified in Clause 1 of this Article shall make a
financial contribution to the Vietnam Environment Protection Fund; the
financial contributions shall be determined according to the quantity or unit
of products/packages.
3.
Activities supported by the Vietnam Environment Protection Fund include:
a)
Collecting, transporting and treating domestic solid waste generated from
households and individuals;
b)
Researching and developing technologies, techniques and initiatives for
domestic solid waste treatment;
c)
Collecting, transporting and handling packages containing agrochemicals.
4. The
receipt and use of financial contributions must be carried out in a public and
transparent manner and for intended purposes in accordance with law.
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Article 56. Environmental protection in craft villages
1. Every
craft village must have an environmental protection plan, an autonomous
environmental protection organization and environmental protection
infrastructure. Environmental protection infrastructure of a craft village
includes:
a) A
wastewater and rainwater collection system which meets the craft village’s
needs for water drainage;
b) A
centralized wastewater collection, drainage and treatment system (if any) which
ensures that treated wastewater satisfies environmental protection
requirements;
c) A
solid waste aggregation point which satisfies technical requirements for
environmental protection; a solid waste treatment facility (if any) which
complies with regulations on solid waste management or a scheme to transport
solid waste to a solid waste treatment facility outside the craft village.
2. Manufacturing
establishments and households in a craft village must seek and implement
environmental protection measures as prescribed by law; implement measures for
noise, vibration, light, dusts, heat radiation, emissions and wastewater
reduction and in situ pollution remediation; collect, classify, store and treat
solid waste as prescribed by law.
3.
Manufacturing establishments and households involved in industries and business
lines that are not recommended in craft villages shall comply with the regulations
laid down in Clause 2 of this Article and adhere to the plans for relocation or
industry and business line conversion made by competent authorities.
4.
Communal People’s Committees shall:
a)
prepare and implement environmental protection plans for craft villages within
their communes;
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5.
District-level People’s Committees shall:
a)
estimate budget for environmental protection of craft villages;
b)
provide instructions on and develop models for environmental protection of
craft villages; produce and operate solid waste collection and treatment models
and in situ waste water treatment systems that satisfy environmental protection
requirements, which are funded by the State from the budget for construction
and environmental protection, and contributions of entities in accordance with
regulations of law.
6.
Provincial People’s Committees shall:
a)
formulate planning for, build, renovate and develop craft villages and craft
villages clusters in association with environmental protection;
b)
provide funding for environmental protection of craft villages;
c) direct
and organize assessment of pollution levels and remediation of environmental
pollution in local craft villages;
d) direct
the construction of wastewater collection and treatment systems; hazardous
waste and normal solid waste dump sites and hazardous waste and normal solid
waste aggregation points and treatment facilities in craft villages;
dd) formulate
a plan to relocate facilities causing long-lasting or serious environmental
pollution from residential areas and craft villages.
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Section 2. URBAN AND RURAL ENVIRONMENTAL PROTECTION
Article 57. Environmental protection of urban areas and
residential areas
1.
Environmental protection of urban areas and high density residential areas
shall must ensure sustainable development associated with sustention of
natural, cultural, historical elements, the ratio of green space, and
satisfaction of requirements concerning landscape and environmental hygiene
according to the planning.
2. Urban
areas and high density residential areas shall satisfy environmental protection
requirements. To be specific:
a) Water
supply and drainage networks and public sanitation facilities must satisfy
environmental protection requirements; wastewater collection and treatment
systems must be consistent and conformable with the approved planning; if such
urban areas and high density residential areas are formed before the effective
date of this Circular but fail to provide land for construction of wastewater
collection and treatment systems, they shall comply with Point c Clause 5
Article 86 of this Law;
b)
Equipment, vehicles and places for classifying solid waste at source,
collecting and storing domestic solid waste must suit the quantity and type of
waste generated from households and individuals in the urban areas and high
density residential areas;
c) The
green space, water surface and open space are present in urban areas and high
density residential areas as prescribed by law.
3. Parks,
flower gardens, trees, water surface, public roads and natural ecosystem must
be protected, preserved and replaced in accordance with requirements concerning
aesthetics and environmental protection and must not be encroached upon,
leveled or used for wrong purposes.
4.
Residential areas and residential clusters must designate a pollution-free
place for temporary storage of domestic solid waste before being transported a
designated place for treatment as prescribed.
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Article 58. Rural environmental protection
1.
Requirements for rural environmental protection:
a)
Organizations, households and individuals involved in handicraft production,
agricultural production and processing must adhere to the planning and
regulations of law on environmental protection without affecting ambient
environment quality; waste must be collected, reused and treated in accordance
with environmental protection requirements;
b) Rural
residential clusters must have water drainage systems and take appropriate measures
for waste treatment; waste aggregation points must be properly located;
domestic animals must not be pastured in public places; autonomy in
environmental protection is encouraged;
c)
Landscapes, trees, lakes, ponds and surface water ecosystems; water sources
must be preserved, protected, remediated and improved;
d) Waste
generated in rural areas must be managed in accordance with law; organic
domestic waste, waste generated from livestock production and processing, and
agricultural by-products must be recalled, reused or used as production
materials;
dd) Rural
environmental quality must be monitored and assessed; pollution areas must be
determined, zoned, dealt with, improved and remediated and measures must be
implemented to improve environmental quality.
2.
Responsibility for rural environmental protection:
a)
Communal People’s Committees shall statistically report and manage types of
domestic waste, agricultural waste and handicraft industry waste generated
within their communes; organize activities aimed at maintaining environmental
hygiene and improving rural landscape; promulgate regulations on autonomy in
environmental protection in rural areas;
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c)
Provincial People’s Committees shall provide directions and resources for rural
environmental protection; direct and organize treatment of waste generated in
rural areas; promulgate and provide guidelines for application of policies on
provision of incentive and assistance for waste treatment, landscaping and
environmental protection in rural areas;
d) The
Ministry of Natural Resources and Environment shall preside over and cooperate
with the Ministry of Agriculture and Rural Development in providing guidelines
for satisfying criteria for rural environmental protection, implementing
measures for waste collection and treatment, monitoring changes in
environmental quality, dealing with pollution and improving and remediating
environment in rural areas;
dd) The
Ministry of Agriculture and Rural Development shall provide guidelines for
collecting and treating livestock waste and agriculture by-products to be
reused for other purposes; preside over and cooperate with the Ministry of
Natural Resources and Environment in formulating and organizing the execution
of rural development programs, projects, mechanisms and policies in association
with the objectives for environmental protection and climate change adaptation;
e) The
Prime Minister shall lay down criteria for environmental protection in rural
development.
Article 59. Environmental protection of public places
1.
Organizations, households and individuals shall implement regulations on
environmental protection and maintain hygiene in public places; classify waste
and put it into each type of public trashcan or designated places; not let
domestic animals spoil public hygiene.
2.
Managers of parks, recreation areas, concentrations of businesses and service
providers, markets, train stations, bus stations, ports, ferry terminals and
other public areas shall:
a) assign
personnel to collect waste and clean the environment in places under their
management; have personnel or teams in charge of environmental protection for
supervision purpose;
b) build
and install public sanitation facilities and in situ waste treatment works in
accordance with environmental protection; have vehicles and equipment for
collecting, managing and treating waste in line with environmental protection
requirements;
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d)
promptly discover violations against the law on environmental protection
committed by entities and propose penalties therefor as prescribed by law.
3. The
authority appraising construction designs and issuing construction permits to
the managers specified in Clause 2 of this Article shall, according to
regulations of law on construction, collect specialized environmental
protection authorities’ comments about the works and equipment for in situ
wastewater treatment and equipment for collection and temporary storage of
waste during the appraisal and issuance in accordance with the Government’s
regulations.
Article 60. Environmental protection by households and
individuals
1.
Households and individuals shall:
a)
minimize and classify domestic solid waste at source, collect and transport
classified domestic waste to designated places;
b) minimize,
treat and discharge wastewater into designated places; not let domestic animals
spoil hygiene in residential areas;
c) not
emit exhaust gases, make noises, vibration, and other impacts which cause
negative impacts to the local community;
d) pay the
fees for waste collection, transport and treatment services as prescribed by
law;
dd)
participate in environmental protection in residential community;
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2.
Household scale livestock farms must maintain hygiene, not make noises and emit
unpleasant odors; livestock waste must be collected and treated in accordance
with regulations of law on environmental protection and other relevant
regulations of law.
3.
Authorities appraising construction designs and issuing construction permits to
construction works and residential houses of households and individuals in
urban areas in accordance with regulations of law on construction shall appraise
construction designs and issue construction permits, including works and
equipment for in situ wastewater treatment in accordance with environmental
protection requirements.
Section 3. ENVIRONMENTAL PROTECTION IN CERTAIN FIELDS
Article 61. Environmental protection in agricultural
production
1. Every
entity that produces, imports, sells and/or uses chemicals, agrochemicals,
veterinary drugs and fertilizers must comply with regulations of law on
environmental protection regulations and other relevant regulations of law.
2. It is
required to register, inventory, control, manage information about, assess and
manage risks and handle chemicals, agrochemicals and veterinary drugs that are
highly toxic, persist, spread and accumulate in the environment resulting in
adverse impacts on environment and human health.
3.
Expired fertilizers, environmental remediation products in livestock
production, agrochemicals, veterinary drugs, aquaculture feeds and
environmental remediation products in aquaculture must be managed in accordance
with relevant regulations of law. Containers of fertilizers, animal feeds,
aquaculture feeds, agrochemicals, veterinary drugs, environmental remediation
products in aquaculture and products for livestock waste treatment after use, and
sludge and feeds accumulated after cleaning of aquaculture ponds must be
managed in accordance with waste management regulations. Sludge dredged from
channels and hydraulic structures must be collected, reused, recycled and
managed as prescribed by law. Dead animals must be collected and dealt with in
accordance with regulations on hazardous waste management and preventive
medicine.
4.
Agricultural by-products must be collected to manufacture products and goods,
used as raw materials and fuels, used for production of fertilizers and energy
or managed as prescribed; by-products of plants must not be burned in the open
air to avoid causing environmental pollution.
5. The
use of livestock waste as organic fertilizers or for plant watering or for other
purposes must comply with the Government’s regulations.
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7. The
Ministry of Agriculture and Rural Development shall direct and organize
management of sludge dredged from channels and hydraulic structures in
compliance with environmental protection requirements.
Article 62. Environmental protection in medical activities
and control of effects of environmental pollution on human health
1.
Hospitals and other health facilities must satisfy environmental protection
requirements, including:
a)
collecting and treating wastewater in line with environmental protection
requirements before discharging it into the environment;
b)
classifying solid waste at source; collecting, storing, transporting and
treating solid waste in line with environmental protection requirements.
Domestic solid waste or normal solid waste that is mixed with infectious
biomedical waste must be managed as the infectious biomedical waste;
c) giving
priority to non-incineration and environmentally-friendly technologies which
must satisfy requirements for environmental protection in management of
infectious biomedical waste;
d)
encouraging disinfection of infectious biomedical waste to remove pathogens
that are potentially infectious before transporting them to central treatment
facilities;
dd)
having plans and equipment for prevention of and response to environmental
emergencies caused by biomedical waste;
e)
treating exhaust gases in line with environmental protection requirements;
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2. Health
facilities that use radioactive sources and radiation equipment must comply
with regulations of law on atomic energy.
3.
Pollutants that directly impact human health must be managed as follows:
a)
Identify, assess, warn, prevent and control pollutants that are likely to
impact human health; issues concerning diseases and human health directly
related to pollutants;
b)
Control and deal with sources of pollutants that impact human health and issues
concerning diseases directly caused by pollutants;
c)
Manage, share and publish information about pollutants that directly impact
human health.
4. The
Minister of Natural Resources and Environment shall elaborate the transport and
treatment of biomedical waste.
5. The
Minister of Health shall elaborate the classification, collection, storage and
management of biomedical waste within health facilities; determination, assessment,
warning, monitoring and discovery of symptoms and causes of diseases and human
health issues directly related to directly related to pollutants;
identification and announcement of limits of pollutants in human body that are
likely to affect human health; management, statistical reporting, sharing and
publishing of information on disease issues associated with pollutants;
assessment of costs and economic loss caused by diseases, health issues
associated with environmental pollution; formulation, provision of instructions
on and organization of implementation of measures to monitor and prevent
diseases and human health issues related to pollutants; management, sharing,
exchange and publishing of information about pollutants affecting human health.
6.
Provincial People’s Committees shall provide for collection, transport and
treatment of biomedical solid waste in conformity with local conditions; take
responsibility for managing pollutants in connection with issues concerning
diseases and human health within their provinces.
Article 63. Environmental protection during burial and
cremation
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The
Government shall provide for environmental protection during burial and
cremation in conformity with customs, practices, folk beliefs and religions.
2.
Corpses and bones shall be mummified, transported, and buried in accordance
with environmental hygiene requirements.
3.
Provider of burial and cremation services must comply with regulations of law
on environmental protection and prevention and control of infectious diseases.
4. The
State recommends that cremation and burial be carried out in cemeteries
according to planning and unsound customs that cause environmental pollution be
eliminated.
5. The
Minister of Health shall provide for the burial and cremation of people who die
of dangerous epidemics.
Article 64. Environmental protection in construction
1.
Construction planning must comply with requirements for environmental
protection and climate change adaptation.
2. Planning
for urban areas and high density residential areas shall be formulated in a
manner that develops eco cities, saves energy, uses renewable energy and
ensures the ratio of green space, water surface and landscape as prescribed by
law.
3. The
State shall encourage the reuse of waste generated from construction and use of
non-baked and environmentally-friendly materials in construction.
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5. The construction,
renovation, repair and dismantling of construction works must comply with the
following environmental protection requirements:
a) There
must be measures to avoid generating dust, heat, noise, vibration and light in excess
of the permissible limits according to technical regulations on environment;
b) During
construction, materials and waste must be transported using appropriate
vehicles to prevent leakage, spillage or environmental pollution;
c)
Wastewater must be collected and treated in line with environmental protection
requirements;
d) Usable
solid waste and scrap shall be recycled and reused as prescribed; soil, rocks
and solid waste generated from construction shall be reused as production
materials and for leveling as prescribed;
dd) Soil
and sewage sludge generated from excavation, dredging of topsoil and foundation
excavation are used to fortify soil for planting trees or suitable soil areas;
e) Sewage
sludge generated from septic tanks and cesspools must be managed in accordance
with regulations on management of normal industrial solid waste;
g) Solid
waste and other types of waste must be collected, stored and transported to
treatment facilities in accordance with waste management regulations.
6. Waste
generated from renovation and dismantling of construction works of households
and individuals in urban areas must be collected and transferred to facilities
licensed for treatment thereof in accordance with regulations of provincial
People's Committees, except for the cases specified in Points d and dd Clause 5
of this Article.
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8.
Provincial People's Committees shall provide for collection, transport and
treatment of construction solid waste and planning for sites for dumping of
construction waste; sewage sludge from septic tanks, cesspools and water
drainage systems.
9. The
Minister of Construction shall formulate standards and technical regulations on
design requirements for solid waste collection systems in line with the
classification of solid waste at source of shopping-residential complexes;
officetels; complex of mixed-use high-rise buildings.
Article 65. Environmental protection in transport
1.
Transport vehicles must be tested and certified conformable with technical
regulations on environment by registration authorities in accordance with
regulations of law and treaties to which the Socialist Republic of Vietnam is a
signatory.
2.
Vehicles used for transporting raw materials, materials and waste must be
covered while they are using public roads in order to avoid leakage and
pollution.
3.
Entities involved in transport of dangerous goods must have necessary
qualifications in environmental protection as prescribed by law.
4. The
goods and materials at risk of pollution and environmental emergencies must be
transported using specialized equipment and vehicles to prevent leakage.
5. Upon
construction of traffic works, measures should be in place to minimize and
reduce impacts on topography, landscape, geology and natural heritage sites.
6.
Provincial People’s Committees shall specify areas and sites for discharge and
dumping of materials dredged from the inland waterway and sea transport system;
introduce measures for traffic diversion and control of environmental pollution
in order to limit air pollution in special class and class I cities.
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8. The
Minister of Transport shall promulgate national technical regulations on
technical and environmental safety inspection of vehicles in accordance with
regulations of law on transport and quality of products and goods and other
relevant regulations of law; provide guidance on and organize the dredging
within seaport waters and inland waterway waters as prescribed.
Article 66. Environmental protection during culture, sport
and tourism activities
1. Every
entity that manages and operates sites/monuments, tourism areas, tourist
attractions, tourist accommodation establishments and places for sports
practice, performance and competition and every festival organizer shall comply
with the regulations set out in Clause 2 Article 59 of this Law.
2.
Visitors to sites/monuments, tourism areas, tourist attractions, tourist
accommodation establishments, places for sports practice, performance and
competition and festivals must:
a) comply
with the regulations on hygiene maintenance and environmental protection;
b)
dispose of waste in designated places; limit the generation of plastic waste;
c)
maintain public hygiene;
d) not
infringe upon landscapes and animals.
3. The
Minister of Culture, Sports and Tourism shall:
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b)
organize the implementation of regulations on encouraging the reduction, reuse
and recycling of plastic waste in culture, sport and tourism activities.
Article 67. Environmental protection during exploration,
mining and processing of minerals and oil and gas activities
1. Every
entity that explores, mines and processes minerals must formulate an environmental
emergency prevention and response scheme and satisfy the following requirements
for environmental protection, improvement and remediation:
a)
Collect and treat wastewater as prescribed;
b)
Collect and treat solid waste in accordance with solid waste management
regulations;
c) Take
measures to prevent and restrict the discharge of dusts and exhaust gases and
other adverse impacts on the surroundings;
d)
Formulate an environment improvement and remediation scheme and improve and
remediate environment during mineral mining in accordance with regulations of
this Law and regulations of law on minerals;
dd) Pay
deposits on environmental protection as prescribed in Article 137 of this Law.
2.
Projects and facilities required to formulate an environmental improvement and
remediation scheme include:
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b)
Mineral mining facilities operating before the effective date of this Law but
failing to formulate an environmental improvement and remediation scheme or
changing the environmental improvement and remediation contents specified in
the approved plan;
c)
Mineral mining facilities operating before the effective date of this Law and
having their environmental improvement and remediation scheme approved but
failing to cover the cost of implementation thereof as prescribed by law.
3.
Contents of an environmental protection and remediation scheme include:
a)
Solutions for environmental improvement and remediation; analyzing and
assessing the solutions and selecting the best solutions;
b) List
and quantity of items serving environmental improvement and remediation for the
selected solution;
c) The
implementation plan divided into multiple years and stages of environmental
improvement and remediation; environmental monitoring program during the
environmental improvement and remediation; plan to inspect and confirm
completion of the scheme;
d) An
estimate of costs of environmental improvement and remediation for each item
serving environmental improvement and remediation; deposits paid according to a
roadmap.
4. Toxic
minerals must be stored and transported using specialized equipment and
vehicles and covered to ensure no leakage or discharge.
5. The
use of machinery and equipment adversely impacting the environment and toxic
chemicals in mineral exploration, mining and processing and mine closure must
be subject to EIA and specified in the application for environmental license.
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7. The
Government shall elaborate the formulation and appraisal of schemes for
environmental improvement and remediation in mineral mining; provide for
specific requirements for environmental protection during trial operation,
waste management and environmental monitoring in the case of oil and gas
exploration, extraction and transport and relevant services at sea.
8. The
Minister of Natural Resources and Environment shall provide forms and technical
guidance to implement this Article.
Article 68. Environmental protection by research
institutes, training institutes and laboratories
1.
Research institutes, training institutes and laboratories must:
a)
Collect and treat wastewater and exhaust gases in accordance with environmental
protection requirements;
b) Classify
solid waste at sources; collect and manage solid waste in accordance with
regulations of law on waste management;
c)
Process and destroy test specimens and chemicals in accordance with technical
regulations on environment;
d) Make
plans and provide equipment for prevention of and response to environmental
emergencies;
dd)
Satisfy other requirements in accordance with relevant regulations of law.
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Article 69. Environmental protection during management of
persistent pollutants and raw materials, fuels, materials, products, goods and
equipment containing persistent pollutants
1.
Requirements for environmental protection during management of persistent
pollutants and raw materials, fuels, materials, products, goods and equipment
containing persistent pollutants are as follows:
a) It is
not permitted to produce, export, import and use persistent organic pollutants
and raw materials, fuels, materials, products, goods and equipment containing
persistent organic pollutants in the Annex A to the Stockholm Convention whose
content exceeds the maximum permissible limits as prescribed by law, except for
the persistent organic pollutants registered for the specific exemptions under
the Stockholm Convention;
b) It is
required to control sources of, publish information about, label, assess the
conformity of and check persistent pollutants and raw materials, fuels,
materials, products, goods and equipment containing persistent pollutants as
prescribed by law;
c)
Persistent organic pollutants and raw materials, fuels, materials, products,
goods and equipment containing persistent organic pollutants whose content
exceeds the maximum permissible limits as prescribed by law are permitted to be
recycled and disposed of provided that the recycling and disposal do not result
in the recall thereof for reuse purpose, and satisfy environmental protection
requirements;
d)
Persistent pollutants and raw materials, fuels, materials, products, goods and
equipment containing persistent pollutants whose content exceeds the maximum
permissible limits must be stored, recalled, managed and handed in compliance
with environmental protection requirements, except for the case where they have
been recycled or disposed of as prescribed in Point c of this Clause;
dd)
Businesses shall include types and quantity of persistent pollutants and raw
materials, fuels, materials, products, goods and equipment containing
persistent pollutants discharged into water, air and soil in a list and send it
to a competent authority for the purposes of information management, assessment
and management of environmental risks as prescribed by law;
e) Areas
in which persistent pollutants remain or which are contaminated by persistent
pollutants must be assessed, determined and warned with respect to the risks
they may pose, and safe management, environmental improvement and remediation
measures must be taken.
2.
Responsibility for environmental protection during management of persistent
pollutants and raw materials, fuels, materials, products, goods and equipment
containing persistent pollutants is as follows:
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b) The
Ministry of Natural Resources and Environment shall preside over and cooperate
with other Ministries and ministerial agencies concerned in providing guidance
on and organizing the compliance with the requirements in Clause 1 of this
Article; incorporate information relating to monitoring of persistent
pollutants into the national state of the environment report under the
Stockholm Convention, other treaties to which the Socialist Republic of Vietnam
is a signatory and regulations of law;
c)
Ministries and ministerial agencies concerned and provincial People’s
Committees shall organize the compliance with requirements for environmental
protection during management of persistent pollutants and raw materials, fuels,
materials, products, goods and equipment containing persistent pollutants in
the sectors and local authorities under their management according to the
Stockholm Convention, other treaties to which the Socialist Republic of Vietnam
is a signatory and regulations of law;
d) The
Government shall elaborate the environmental protection during management of
persistent pollutants and raw materials, fuels, materials, products, goods and
equipment containing persistent pollutants according to the Stockholm
Convention and other treaties to which the Socialist Republic of Vietnam is a
signatory.
Article 70. Environmental protection during import,
temporary import, re-export and transit of goods
1.
Entities shall not import:
a) used
machinery, equipment and vehicles for dismantling purposes, except for the case
in Clause 2 of this Article;
b)
machinery, equipment, vehicles, goods, raw materials and scrap contaminated by
radioactive substances, germs or other toxins, which have not yet been cleaned
or cannot be cleaned.
2. The
import and demolition of used ships must comply with national regulations on
environment. The Government shall provide for entities eligible and conditions
for import and demolition of used ships.
3. The
import, temporary import, re-export and transit of goods at risk of
environmental pollution shall comply with regulations of law on foreign trade
management.
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1. Scrap
imported into Vietnam must comply with technical regulations on environment and
be included in the list of scrap permitted for import from foreign countries as
production materials promulgated by the Prime Minister.
2.
Entities are only permitted to import scrap from
foreign countries as production materials for their manufacturing
establishments and must:
a) have
manufacturing establishments with technologies and equipment serving scrap
recycling and reuse, warehouses and sites exclusively reserved for aggregation
of scrap which satisfy environmental protection requirements; prepare a scheme
to deal with impurities in the imported scrap;
b) have
environmental licenses;
c) pay
deposits on environmental protection as prescribed in Article 137 of this Law before
scrap is unloaded in the case where it is imported through sea border
checkpoint or before scrap is imported into Vietnam in other cases;
d) have a
written commitment to re-export or treatment of scrap if the scrap is imported
without satisfying environmental protection requirements.
3. The
Government shall elaborate Clause 2 of this Article.
Chapter VI
WASTE MANAGEMENT AND CONTROL OF OTHER
POLLUTANTS
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Article 72. Waste management requirements
1. General
requirements for management of domestic solid waste, hazardous waste and normal
industrial solid waste are as follows:
a) Waste
must be managed during its generation, reduction, classification, collection,
storage, transfer, transport, reuse, recycling, treatment and disposal;
b)
Hazardous waste and normal industrial solid waste source owners shall reuse,
recycle, treat and recover energy from such waste or transfer them to licensed
facilities having appropriate environmental license;
c) Every controlled
industrial waste source owner shall identify whether waste is hazardous waste
or normal industrial solid waste through the sample collection and analysis
carried out by competent facilities in accordance with regulations of law.
After the identification, industrial waste must be managed as prescribed by
law;
d) Waste
that satisfies standards and technical regulations applicable to raw materials,
fuels and materials in accordance with regulations of law on quality of
products and goods must be managed as the products and goods and is permitted
to be used as raw materials, fuels and materials in production activities;
dd)
Entities that transport domestic solid waste, hazardous waste and normal
industrial solid waste subject to treatment shall transport waste to licensed
facilities having appropriate environmental licenses or transfer them to other
transporters to be transported to licensed facilities having an appropriate
environmental license;
e) The
management of radioactive waste shall comply with regulations of law atomic
energy.
2.
General requirements for waste management are as follows:
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b) It is
advisable to reuse wastewater that satisfies environmental protection
requirements and serves intended purposes;
c)
Wastewater whose environmental parameters exceed the permissible levels must be
managed in accordance with hazardous waste management;
d) The
discharge of treated wastewater into the environment must be managed in
accordance with regulations of law on environmental protection and relevant to
the carrying capacity of receiving water bodies;
3.
Exhaust gases must be collected and treated in accordance with environmental
protection requirements.
4. Every
entity that generates waste shall adopt resource- and energy-efficient
solutions; use environmentally-friendly raw materials, fuels and materials and
renewable energy; apply cleaner production technologies and programs, control
environment and other measures to minimize waste generation; update information
to the national environmental database upon transfer of hazardous waste and
normal industrial solid waste subject to treatment to facilities having an
appropriate environmental license.
5. The
State shall introduce a policy to encourage private sector involvement in
collection, transport, reuse, recycling and treatment of waste and recovery of
energy from the treatment of waste; apply advanced and environmentally-friendly
technologies for waste management and best available techniques in order to
minimize and control the generation of secondary waste, minimize solid waste
ending up buried; encourage the co-processing of waste and use of waste as
substitute materials, fuels and materials.
6. The
Minister of Natural Resources and Environment shall promulgate a list of
hazardous waste, controlled industrial waste and normal industrial solid waste;
technical requirements for environmental protection for vehicles transporting
domestic solid waste, normal industrial solid waste and hazardous waste.
7.
Provincial People’s Committees shall manage waste within their provinces;
promulgate waste management regulations and implement policies to provide
incentives and assistance for waste management as prescribed by law.
8. The
Government shall elaborate the prevention, reduction, classification,
collection, transport, reuse, recycling and treatment of waste.
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1.
Entities shall reduce, classify and dispose of waste that is single-use plastic
products and non-biodegradable plastic packaging according to regulations; not
discharge plastic waste directly into the systems for drainage of water to
rivers, ponds, lakes, channels and oceans.
2.
Plastic waste generated from marine tourism and services, maritime economy,
extraction of oil and gas and marine mineral resources, aquaculture and
commercial fishing must be collected, stored and transferred to facilities
licensed for recycling and treatment.
3.
Environmentally-friendly products, single-use plastic alternatives and
non-biodegradable plastic packaging alternatives that have been certified are entitled
to incentives and assistance as prescribed by law.
4.
Plastic waste must be collected and classified for reuse, recycling or
treatment purpose as prescribed by law. Unrecyclable plastic waste must be
transferred to licensed facilities for treatment as prescribed. Plastic waste
generated from economic activities at sea must be collected for reuse,
recycling or treatment and must not be discharged into the sea.
5. The
State shall encourage the reuse and recycling of plastic waste in service of
production of goods and building materials and construction of traffic works;
encourage the research and development of systems for collecting and treating
plastic waste floating at sea and in the ocean; introduce policies to promote
reuse and recycling of plastic waste.
6.
Provincial People’s Committees shall organize the collection and treatment of
plastic waste within their provinces; encourage the reduction of
non-biodegradable plastic packaging and single-use plastic products;
disseminate information about harmful effects of dumping of fishing gear into
the sea and plastic waste on the ecosystem.
7. The
Government shall introduce a roadmap for reducing production and import of
single-use plastic products, non-biodegradable plastic packaging and products
and goods containing microplastics.
Article 74. Environmental auditing
1.
Environmental auditing means the systematic, comprehensive and effective
consideration and assessment of environmental management and pollution control
by businesses.
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a) The
use of energy, chemicals, raw materials and scrap imported from foreign countries as production materials;
b)
Pollution control and waste management.
3.
Businesses are encouraged to carry out environmental auditing themselves.
4. The
Minister of Natural Resources and Environment shall provide technical guidance
on environmental self-auditing by businesses.
Section 2. DOMESTIC SOLID WASTE MANAGEMENT
Article 75. Classification, storage and transfer of
domestic solid waste
1. Domestic
solid waste generated by households and individuals is classified as:
a)
Reusable and recyclable solid waste;
b) Food
waste;
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2.
Provincial People’s Committees shall classify domestic solid waste specified in
Point c Clause 1 of this Article within their provinces under the guidance of
the Ministry of Natural Resources and Environment; introduce policies to
encourage the classification of hazardous waste present in domestic solid waste
generated by households and individuals.
3.
Households and individuals in urban areas must contain the domestic solid waste
already classified as prescribed in Clause 1 of this Article in packages for
transfer as follows:
a)
Reusable and recyclable solid waste shall be transferred to entities for reuse
and recycling or facilities licensed for collection and transport of domestic
solid waste;
b) Food
waste and other domestic solid waste must be contained in packages as
prescribed and transferred to facilities licensed for collection and transport
of domestic solid waste; food waste may be used as organic fertilizers and
animal feeds.
4.
Households and individuals in rural areas that generate domestic solid waste
and classify them as prescribed in Clause 1 of this Article shall manage them
as follows:
a)
Households and individuals are encouraged to make the most of waste food to be
used as organic fertilizers and animal feeds;
b)
Reusable and recyclable solid waste shall be transferred to entities for reuse
and recycling or facilities licensed for collection and transport of domestic
solid waste;
c) If not
used as prescribed in Point a of this Clause, food waste shall be transferred
to or facilities licensed for collection and transport of domestic solid waste;
d) Other
domestic solid waste must be contained in packages as prescribed and
transferred to facilities licensed for collection and transport of domestic
solid waste.
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6. The
classification, collection, transport and treatment of bulky waste shall comply
with regulations imposed by provincial People’s Committees.
7. The Vietnamese
Fatherland Front Committee and socio-political organizations at all levels
shall encourage residential communities, households and individuals to classify
domestic solid waste at source. Internal residential communities and
socio-political organizations shall supervise the classification of domestic
solid waste by households and individuals.
Article 76. Domestic solid waste aggregation points and
transfer stations
1. There
must be separate areas for different types of classified domestic solid waste
at domestic solid waste aggregation points and transfer stations so as to avoid
mix-ups.
2.
People’s Committees at all levels shall reserve land area for aggregation
points and transfer stations in accordance with environmental protection
according to the regulations imposed by the Ministry of Natural Resources and
Environment.
Article 77. Collection and transport of domestic solid
waste
1.
People’s Committees at all levels shall select facilities for collection and
transport of domestic solid waste through bidding in accordance with
regulations of law on bidding. In case of failure to make a selection through
bidding, the method of order placement or task assignment shall be adopted as
prescribed by law.
2.
Facilities collecting and transporting domestic solid waste are entitled to
refuse to collect and transport households and individuals’ domestic solid
waste that is not classified or contained in inappropriate packages and notify
competent authorities as prescribed by law, except for the case where households
and individuals use packages intended for other domestic solid waste as
prescribed in Point c Clause 1 Article 75 of this Law.
3.
Facilities collecting and transporting domestic solid waste shall cooperate
with communal People’s Committees, residential communities and representatives
of residential areas in determining time, places, frequency and routes for
collecting domestic solid waste, and make them publicly available.
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5.
Households and individuals shall transport classified domestic solid waste to
aggregation points as prescribed or transfer them to facilities collecting and
transporting domestic solid waste.
6.
Investment project owners, owners, management boards of new urban areas,
high-rise apartment buildings and office buildings must provide equipment and
works for storage of domestic solid waste suitable for waste types specified in
Clause 1 Article 75 of this Law; organize the collection of waste from
households and individuals and transfer them to facilities collecting and
transporting domestic solid waste.
7.
Communal People’s Committees shall:
a)
inspect the compliance with regulations of law on environmental protection
regarding collection and transport of domestic solid waste; take actions
against violations of regulations on domestic solid waste management within
their power; consider and handle feedback and comments of organizations,
residential communities, households and individuals involved in collection and
transport of domestic solid waste;
b)
preside over and cooperate with facilities collecting and transporting domestic
solid waste, residential communities and socio-political organizations in
determining time, places, frequency and routes for collecting domestic solid
waste;
c)
instruct households and individuals to transfer domestic solid waste to
facilities in charge of collection and transport or aggregation points as
prescribed; instruct residential communities to supervise and make publicly
available cases of failure to comply with regulations on domestic solid waste
classification and collection.
Article 78. Domestic solid waste treatment
1. The
State shall encourage and provide incentives for entities involved in
investment in and provision of domestic solid waste treatment services;
encourage co-processing of domestic solid waste.
2.
People’s Committees at all levels shall select domestic solid waste treatment
facilities through bidding in accordance with regulations of law on bidding. In
case of failure to make a selection through bidding, the method of order
placement or task assignment shall be adopted as prescribed by law.
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4. Domestic
solid waste must be treated using appropriate technologies and satisfying
technical regulations on environment. The Government shall provide for a
roadmap for restricting treatment of domestic solid waste using direct landfill
disposal technology.
5. The
Minister of Natural Resources and Environment shall promulgate criteria for
domestic solid waste treatment technologies; provide guidelines for domestic
solid waste treatment models in urban and rural areas.
6.
Provincial People’s Committees shall formulate planning and reserve land area
for domestic solid waste treatment facilities, promptly transfer land to build
and operate domestic solid waste treatment facilities within their provinces;
provide funding for construction and operation of systems for collection,
storage, transfer, transport and treatment of domestic solid waste treatment;
works, measures and public equipment serving domestic solid waste management
within their provinces.
Article 79. Costs of collection, transport and treatment of
domestic solid waste
1.
Charges for domestic solid waste collection, transport and treatment services
payable by households and individuals shall be calculated as follows:
a) The
charges shall be calculated in accordance with regulations of law on prices;
b) The
charges vary by quantity or volume of the classified waste;
c) If
solid waste is reusable and recyclable and hazardous waste is classified,
households and individuals are not required to pay charges for collection,
transport and treatment services.
2. Any
household or individual that fails to classify or correctly classify domestic
solid waste as prescribed in Points a and b Clause 1 Article 75 of this Law
must pay charges for collection, transport and treatment services as other
types of domestic solid waste.
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4.
Organizations, businesses, dedicated areas for production, business operation
and service provision and industrial clusters that generate waste from their daily
and office activities in large quantities prescribed by the Government must
transfer it to a facility licensed for waste recycling, reuse and treatment or
to a facility collecting and treating waste with appropriate vehicles and
equipment to be transported to the facility licensed for waste recycling, reuse
and treatment.
5. The
Minister of Natural Resources and Environment shall provide guidance on method
for determining charges for domestic solid waste treatment services; provide
for economic and technical norms for collection, transport and treatment of
domestic solid waste; provide technical guidance on classification of domestic
solid waste; provide guidelines for implementation of Clause 1 of this Article.
6.
Provincial People’s Committees shall elaborate the management of domestic solid
waste of households and individuals within their provinces; impose specific
charges for domestic solid waste collection, transport and treatment services;
promulgate specific provisions on method of payment of charges and charges for
domestic solid waste collection, transport and treatment services payable by
households and individuals according to the quantity or volume of the
classified waste.
7. The
regulation set out in Clause 1 of this Article and Clause 1 Article 75 of this
Law must be implemented by December 31, 2024.
Article 80. Environmental remediation and improvement in
domestic solid waste landfills
1. Closed
and unsanitary domestic solid waste landfills must be remediated and improved
in accordance with environmental protection requirements.
2. Every
owner of project on investment in or facility managing a domestic solid waste
landfill has the responsibility to:
a)
improve landscape and take measures to prevent environmental pollution after closure of a landfill;
b)
organize monitoring of environmental changes in the landfill from the date on
which the landfill closure is completed and notify the provincial specialized
environmental protection as prescribed;
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3. The
Government shall provide incentives and encourage entities to invest in
environmental remediation and improvement in Domestic solid waste landfills.
4. The
Minister of Natural Resources and Environment shall provide guidelines for
closure of Domestic solid waste landfills.
5.
Provincial People’s Committees shall provide resources and funding for
environmental improvement and remediation in landfills managed by the State and
unauthorized landfills within their provinces.
Section 3. NORMAL INDUSTRIAL SOLID WASTE MANAGEMENT
Article 81. Classification, storage and transport of normal
industrial solid waste
1. Normal
industrial solid waste (“NISW”) shall be classified into the following groups:
a) NISW
reused and recycled as production materials;
b) NISW
in compliance with standards, technical regulations and technical guidance used
in production of building materials and leveling;
c) NISW
subject to treatment.
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3. NISW
containing hazardous waste that has not been classified or cannot be classified
must be managed in accordance with hazardous waste management regulations.
4.
Classified NISW must be stored separately without being mixed with hazardous
waste; without release of dust and leakage of wastewater into the environment;
with appropriate equipment and tools and in appropriate storage areas in
accordance with regulations laid down by the Minister of Natural Resources and
Environment.
5. NISW
must be transported in accordance with the following requirements:
a) NISW
must be contained in equipment and tools to avoid leakage during transport,
except for the case where the waste in large quantity must be contained in
equipment or tank of the transport vehicle;
b)
Classified NISW must be transported separately prescribed;
c) The
vehicle used for transporting NISW subject to treatment must have a GPS
tracking device meeting technical requirements and comply with regulations on
routes and time of operation adopted by the provincial People's Committee.
Article 82. Treatment of NISW
1.
Businesses, dedicated areas for production, business operation and service
provision, industrial clusters and organizations that produce NISW must reuse,
recycle, recover energy from and treat NISW or transfer it to the following
entities:
a)
Manufacturing establishments directly using NISW as production materials and
for production of building materials or leveling, which is licensed to operate
as prescribed by law;
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c)
Facilities licensed for NISW treatment;
d) Facilities
transporting NISW, which have signed a transfer contract with the entity in
Points a, b or c of this Clause.
2. NISW
treatment service providers must comply with environmental protection
requirements in accordance with regulations of this Law.
3. Every
owner of NISW treatment service provider has the following responsibilities:
a) Ensure
that systems, vehicles and equipment in service of storage and treatment of
NISW, including preliminary processing, reuse, recycling, co-processing,
treatment of and recovery of energy from NISW in accordance with technical
requirements and management process as prescribed;
b) If the
provider produces hazardous waste, responsibilities of the hazardous waste
source owner shall be assumed;
c) Submit
periodic or ad hoc reports on NISW generation and treatment at the request of
the competent authority;
d) make a
record on transfer of NISW subject to treatment for each transfer; prepare a
logbook recording operation of systems, vehicles and equipment in service of
NISW treatment including preliminary processing, reuse, recycling,
co-processing and recovery of energy from NISW; a logbook recording quantity of
products recycled or recovered from NISW (if any).
4. Every
entity that generates NISW subject to treatment is entitled to recycle, treat,
co-process or recover energy from NISW itself/himself/herself if the following
requirements are met:
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b)
Conform to the decision on approval of EIAR appraisal result and environmental
license;
c) Do not
build any new incinerator or landfill to treat NISW, except for the case where
contents regarding solid waste management in relevant planning are conformable
with.
Section 4. HAZARDOUS WASTE MANAGEMENT
Article 83. Declaration, classification, collection,
storage and transport of hazardous waste
1. Every
hazardous waste source owner has the responsibility to:
a) specify
quantity and type of hazardous waste in the application for issuance of the
environmental license or environmental registration contents;
b)
identify, classify, collect and separately store hazardous waste and not to mix
it with non-hazardous waste, avoid causing environmental pollution;
c) reuse,
recycle, treat, co-process and recover energy himself/herself in accordance
with regulations of law or transfer hazardous waste to facilities having an
appropriate environmental license.
2.
Hazardous waste must be stored in accordance with the following requirements:
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b)
Hazardous waste must not be mixed with normal waste;
c) The
storage must not result in release of dust or leakage of liquid waste into the
environment;
d)
Hazardous waste shall be only stored for a given period of time as prescribed
by law.
3. When
transported, hazardous waste must be contained and transported using
appropriate equipment and vehicles to waste treatment facilities. The vehicle
used for transporting hazardous waste must have a GPS tracking device and
comply with regulations on routes and time of operation adopted by the
provincial People's Committee.
4.
Entities permitted to transport hazardous waste include:
a)
Hazardous waste source owner that has appropriate vehicles and equipment
satisfying technical requirements and management process in accordance with
regulations of law on environmental protection;
b)
Environmental license holders licensed to treat hazardous waste in conformity
with the type of waste to be transported.
5. The
Minister of Natural Resources and Environment shall provide technical guidance
on and forms used for declaration, classification, collection, and storage of
hazardous waste; provide guidance on vehicles and equipment for storage,
transport, prevention of and response to incidents during the transport and
treatment of hazardous waste; provide guidance on registration and
transboundary movements of hazardous waste under the Basel Convention on the Control
of Transboundary Movements of Hazardous Wastes and their Disposal.
Article 84. Hazardous waste treatment
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2. The State
shall encourage and provide incentives to entities involved in investment in
and provision of hazardous waste treatment services; encourage the investment
in hazardous waste treatment service providers at regional level; encourage the
co-processing of hazardous waste.
3. Every
hazardous waste treatment service provider must satisfy the following
requirements:
a) The
national environmental protection planning or planning containing contents
regarding hazardous waste treatment is conformed to, except for the case of
hazardous waste co-processing;
b) Safe
environmental distance is maintained as prescribed;
c) It is
required to appraise and comment on the hazardous waste treatment technology in
accordance with regulations of law on technology transfer; the application of
environmentally-friendly technologies, best available techniques and combined
waste treatment and waste-to-energy technologies is encouraged;
d) The
environmental license is available;
dd) Personnel
in charge of environmental protection majoring in environment or suitable field
is available;
e) An
appropriate process for safe operation of special-purpose technologies,
vehicles and equipment is available;
g) There
is an environmental management plan containing contents regarding pollution
control and waste management; occupational safety and health; environmental
emergency prevention and response; annual training; environmental monitoring
program; assessment of efficiency in hazardous waste treatment; environmental
improvement and remediation plan;
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4. The
Minister of Natural Resources and Environment shall promulgate criteria applied
to hazardous waste treatment technologies; provide guidelines for implementing
Point g Clause 3 of this Article.
5. The
provincial People’s Committee shall organize implementation of the planning
containing contents regarding hazardous waste treatment; shall not impose
restrictions on collection of hazardous waste produced in another province for
treatment by hazardous waste treatment service providers located within its
province.
Article 85. Responsibilities of owners of hazardous waste
treatment service providers
Every
owner of hazardous waste treatment service provider has the responsibility to:
1.
satisfy all requirements specified in Clause 3 Article 84 of this Law.
2.
collect, transport, receive and handle quantity and types of hazardous waste in
accordance with the issued environmental license.
3. ensure
that systems, vehicles and equipment for storage and treatment of hazardous
waste satisfy technical requirements and management process as prescribed.
4. assume
responsibilities of the hazardous waste source owner if the hazardous waste is
generated from the operating process but fails to be treated.
5.
register with the authority issuing the environmental license within his/her
power to obtain approval if wishing to transport the hazardous waste not
mentioned in his/her environmental license to the another qualified owner of
hazardous waste treatment service provider in accordance with the Government’s
regulations.
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7. make
publicly available and provide information about types and quantity of
hazardous waste collected and treated, and treatment methods; information about
name and address of the owner of collected and treated hazardous waste source
and other environmental information that needs to be made publicly available
and provided as prescribed in Article 114 of this Law.
Section 5. WASTEWATER MANAGEMENT
Article 86. Collection and treatment of wastewater
1. Every
new urban area, new high density residential area, business, dedicated area for
production, business operation and service provision and industrial cluster
must have a wastewater collection and treatment system separated from the
rainwater drainage system, except for special cases prescribed by the
Government.
2.
Wastewater of an urban area or high density residential area shall be managed
as follows:
a)
Domestic wastewater generated from organizations and households must be
collected and connected to the wastewater collection and treatment system;
b)
Wastewater generated from production, business operation and service provision
in an urban area must be collected and undergo preliminary treatment before
being connected to the urban wastewater collection and treatment system;
preliminarily treated wastewater must comply with regulations of the urban area
or high density residential area or regulations of the local authority;
c) Wastewater
generated from production, business operation and service provision in an urban
area that fails to have a centralized wastewater treatment work must be
collected and treated in accordance with environmental protection requirements
before being discharged into a receiving body.
3.
Wastewater generated from production, business operation and service provision
shall be managed as follows:
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b) If
wastewater produced by a business located outside an urban area, high density
residential area, dedicated area for production, business operation and service
provision or industrial cluster cannot be connected to the wastewater
collection and treatment system, it must be collected and treated in accordance
with environmental protection requirements before being discharged into a
receiving body.
4.
Wastewater generated from organizations and households in a low density
residential area must be collected and treated on the spot in accordance with
environmental protection requirements before being discharged into receiving
bodies.
5.
Provincial People’s Committees shall:
a) invest
in and encourage investment in construction of wastewater collection and
treatment systems in urban areas and high density residential areas within
their provinces by the State in accordance with regulations of law;
b)
introduce a roadmap for reserving land area, investing in or encouraging
investment in construction of wastewater collection and treatment systems in
urban areas and high density residential areas if a wastewater collection and treatment
system is not available;
c)
introduce a roadmap and assistance policy in order for organizations and
households in urban areas and high density residential areas to build works and
install equipment for in situ wastewater treatment in accordance with
environmental protection requirements before being discharged into receiving
bodies in case of failure to reserve land area for construction of wastewater
collection and treatment systems in urban areas and high density residential
areas established before the effective date of this Law;
d)
introduce a roadmap and policy for provision of assistance in collection and in
situ treatment of domestic wastewater produced by organizations, households and
low density residential areas.
6. The
Minister of Natural Resources and Environment shall provide guidance on
technologies and techniques for in situ wastewater treatment.
7. The
Minister of Construction shall provide guidance on technical infrastructural
facilities serving wastewater collection and drainage in urban areas and high
density residential areas specified in this Article.
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1. A
wastewater treatment system must satisfy the following requirements:
a) Its
technology conforms to type and characteristics of wastewater to be treated;
b) Its
capacity is relevant to the maximum volume of wastewater generated;
c)
Wastewater is treated in accordance with environmental protection requirements;
d)
Wastewater treatment works are operated in accordance with technical process;
dd) An
environmental emergency prevention and response plan is tailored for the
wastewater treatment system; the discharge point must have coordinates and be
marked with signs to facilitate inspection and supervision of discharge.
2. Sewage
sludge from the wastewater treatment system must be managed in accordance with
regulations of law on solid waste management; sewage sludge whose hazardous
elements exceed the permissible limits must be managed in accordance with
regulations of law on hazardous waste management.
Section 6. MANAGEMENT OF DUSTS, EXHAUST GASES AND OTHER
POLLUTANTS
Article 88. Management and control of dusts and emissions
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2.
Vehicles, machinery, equipment, constructions that produce dust and/or exhaust
gases must have filters, covers, or other parts to minimize exhaust gases and
reduce dusts in accordance with technical regulations on environment.
3.
Ministries and ministerial agencies concerned shall provide guidelines for
prevention, inspection, supervision and treatment of sources of dusts and
exhaust gases that cause air pollution.
Article 89. Management and control of noise, vibration,
light, radiation and unpleasant odors
1. Any
entity that creates noise, vibration, light and/or radiation must take measures
to control and treat them in accordance with technical regulations on
environment and radiation.
2.
Entities in residential areas that create noise, vibration, light, radiation
and unpleasant odors must take measures to minimize them to avoid affecting
residential communities.
3.
Managers of the routes with heavy traffic that produces noise, vibration, light
and radiation must take measures to minimize them in accordance with technical
regulations on environment.
4. It is
prohibited to manufacture, import, transport, sell and use firecrackers. The
Prime Minister shall decide the manufacture, import, transport, sale and use of
firework.
Chapter VII
ADAPTATION TO CLIMATE CHANGE
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1.
Climate change adaptation refers to actions taken to strengthen the resilience
of social-ecological systems, minimize adverse impacts of climate change and
seize the opportunities offered by climate change.
2. Climate
change adaptation shall cover:
a)
Assessment of impacts, vulnerabilities, risks, loss and damage caused by
climate change to sectors, regions and residential communities based on the
climate change scenario and socio-economic development forecast;
b) Climate
change adaptation, disaster risk reduction, community- and ecosystem-based
climate change adaptation model; response to sea level rise and urban
inundation;
c)
Construction and operation of the system for supervising and assessing climate
change adaptation.
3. The
Ministry of Natural Resources and Environment shall preside over and cooperate
with Ministries and ministerial agencies in:
a)
organizing the implementation of regulations in Points a and c Clause 2 of this
Article;
b)
requesting the Prime Minister to promulgate the national climate change
adaptation plan, reviewing and updating it every 05 years; to establish the
national system for supervising and assessing climate change; criteria for
determining climate adaptation projects and tasks approved by the Prime
Minister; criteria for assessing climate risks;
c)
providing guidelines for assessing impacts, vulnerabilities, risks, loss and
damaged caused by climate change;
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dd)
building and operating the national system for supervising and assessing
climate change adaptation.
4.
Ministries, ministerial agencies and provincial People’s Committees shall:
a)
implement the regulations laid down in Point b Clause 2 of this Article in
accordance with this Law and other relevant regulations of law; organize
assessment of impacts, vulnerabilities, risks, loss and damaged caused by
climate change; submit an annual consolidated report to the Ministry of Natural
Resources and Environment;
b) build
and operate the sectoral or local system for supervising and assessing climate
change adaptation under their management of sectors and fields.
Article 91. Reduction of GHG emissions
1. Major
GHGs include carbon dioxide (CO2), methane (CH4) and
nitrous oxide (N2O). Low-concentration gases that have high global
warming potential include hydrofluorocarbons (HFCS),
perfluorocarbons (PFCS), sulphur hexafluoride (SF6) and
nitrogen, trifluoride (NF3).
2. The
reduction of GHG emissions shall focus on:
a)
organizing reduction of GHG emissions and GHG absorption according to a roadmap
and method for reducing GHG emissions in conformity with national conditions
and international commitments;
b)
inventorying GHGs, measuring, reporting and appraising reduction of GHG
emissions at national, sector, or field level or relevant internal level;
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d)
formulating and implementing the mechanism and method for cooperation in
reduction of GHG emissions in accordance with regulations of law and treaties
to which Socialist Republic of Vietnam is a signatory;
dd) organizing
and developing the domestic carbon market.
3. The
Prime Minister shall promulgate a list of sectors and GHG emitting facilities
required to develop GHG inventory, update it every 02 years according to the
ratio of GHG emissions to the total national GHG emissions; socio-economic
development conditions and situation; consumption of fuels and energy per unit
of product or service by businesses.
4. The
Ministry of Natural Resources and Environment shall:
a) compile
and submit to the Prime Minister a list of sectors and GHG emitting facilities
required to develop GHG inventory for approval; introduce the national GHG
inventory system; system for measuring, reporting and appraising reduction of
GHG emissions;
b)
prepare a national GHG inventory report every 02 years;
c)
provide guidance on and organize appraisal of results of GHG inventory results
and plans to reduce GHG emissions with respect to the sectors and facilities
required to develop GHG inventory.
5. Any
Ministry that manages sectors required to develop GHG inventory has the
responsibility to:
a)
organize the development of GHG inventory and send inventory results to the
Ministry of Natural Resources and Environment every 02 years by January 31 of
the next reporting period for consolidation and reporting to the Prime
Minister;
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c)
provide guidance on technical processes and regulations regarding measurement,
reporting and appraisal of reduction of GHG emissions in fields and sectors
under its management;
d) annually
consolidate and report results of reduction of GHG emissions within its scope
of management to the Ministry of Natural Resources and Environment before
January 15 of the next reporting period for consolidation and reporting to the
Prime Minister;
dd)
provide guidance on selection and application of technological and managerial
methods to reduce GHG emissions in conformity with the scale, industries and
business lines under its management.
6.
Provincial People’s Committees shall provide information and data in service of
the national and sectoral GHG inventory to the Ministry of Natural Resources
and Environment, other Ministries and ministerial agencies concerned; inspect
the performance of activities relating to reduction of GHG emissions under their
management.
7. A GHG
emitting facility on the list of facilities required to develop GHG inventory
has the responsibility to:
a)
organize the development of GHG inventory, build and maintain a database of GHG
emissions and send inventory results to the Ministry of Natural Resources and
Environment every 02 years by December 01 of the reporting period for
consolidation and reporting to the Prime Minister;
b)
formulate and implement the annual plan to reduce GHG emissions; integrate the
reduction of GHG emissions into its quality management program, cleaner
production program and environmental protection program;
c)
prepare an annual report on reduction of GHG emissions to implement its GHG
emissions reduction plan using the measurement, reporting and appraisal system,
and submit it to the Ministry of Natural Resources and Environment, other
Ministries, ministerial agencies and provincial People’s Committees concerned
by December 31 of the reporting period.
8. The
Government shall elaborate this Article.
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1. Ozone
layer protection means an action taken to adapt to climate change in order to
prevent ozone depletion and minimize harmful effects of ultraviolet radiation
from the Sun.
2. Ozone
layer protection shall focus on:
a) managing
production, export, import, sale and elimination of controlled ozone-depleting
substances and GHGs under the treaty on the protection of the ozone layer to
which the Socialist Republic of Vietnam is a signatory;
b)
collecting, recycling, reusing or disposing of controlled ozone-depleting
substances and GHGs under the treaty on the protection of the ozone layer to
which the Socialist Republic of Vietnam is a signatory in equipment containing
them when they are no longer used;
c)
developing and applying technologies and equipment using non-ozone-depleting
substances and climate-friendly substances.
3. The
Ministry of Natural Resources and Environment shall:
a)
preside over and cooperate with other Ministries and ministerial agencies
concerned in requesting the Prime Minister to promulgate the national plan for
management and elimination of controlled ozone-depleting substances and GHGs
under the treaty on the protection of the ozone layer to which the Socialist
Republic of Vietnam is a signatory;
b) promulgate
a list and provide guidelines for use of controlled ozone-depleting substances
and GHGs in conformity with the roadmap for implementing the treaty on the
protection of the ozone layer to which the Socialist Republic of Vietnam is a
signatory;
c) preside
over and cooperate with other Ministries, ministerial agencies and provincial
People’s Committees in managing, controlling, minimizing and eliminating the
substances and gases on the list specified in Point b of this Clause; organize
implementation of the national plan for management and elimination of
ozone-depleting substances and GHGs.
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5.
Manufacturers of equipment and products containing the substances and gases on
the list specified in Point b Clause 3 of this Article must develop an
appropriate roadmap for replacing and eliminating controlled ozone-depleting
substances and GHGs under the treaty on the protection of the ozone layer to
which the Socialist Republic of Vietnam is a signatory.
6.
Facilities using equipment and products containing or using the substances and
gases on the list specified in Point b Clause 3 of this Article must comply
with regulations on collection, transport, recycling and disposal under the
guidance of the Ministry of Natural Resources and Environment.
7.
Businesses that use the substances and gases on the list specified in Point b
Clause 3 of this Article shall make a transfer of ozone layer protection
technology entitled to incentives and assistance as prescribed by this Law and
Law on Technology Transfer.
8. The
Government shall elaborate this Article.
Article 93. Integration of contents of adaptation to
climate change with strategies and planning
1.
Contents of adaptation to climate change to be integrated with a strategy or
planning include:
a)
Climate change scenario and impacts of climate change used to determine
long-term objectives of the strategy or planning;
b)
Climate change adaptation solutions integrated with the strategy or planning;
c)
Results of analysis and assessment of climate change adaptation solutions used
to determine socio-economic indicators of the strategy or planning.
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Article 94. National climate change database
1. The
national climate change database includes the following information and data:
a)
Legislative documents, policies, strategies, planning, plans, standards,
technical regulations, technical requirements, professional processes, socio-economic
norms regarding climate change and ozone layer protection;
b)
Impacts of climate change on natural resources, environment, ecosystems, living
conditions and socio-economic activities;
c) GHG
emissions and socio-economic activities relating to GHG emissions;
d)
Reduction of GHG emissions and climate change adaptation;
dd)
Protection of ozone layer and management of ozone-depleting substances;
e)
Results of national climate assessment;
g)
Climate change scenarios from time to time;
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i)
Resources for climate change adaptation and ozone layer protection;
k)
International cooperation in climate change adaptation and ozone layer protection.
2. The
Ministry of Natural Resources and Environment shall organize establishment and
updating and providing guidelines for operation and use of the national climate
change database.
3. Other
Ministries, ministerial agencies and provincial People’s Committees shall
organize the investigation into, surveying and collection of the information
and data mentioned in Clause 1 of this Article within the scope and areas under
their management and send them to the Ministry of Natural Resources and Environment.
Article 95. National climate change adaptation report
1. The
national climate change adaptation report includes:
a)
Overview of climate change developments and impacts;
b)
Results of national GHG inventory;
c) Efforts
and efficiency in adaptation to climate change;
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dd)
Fulfillment of international climate change commitments;
e)
Prediction of impacts of climate change on economy, society and environment;
g)
Proposed solutions for climate change adaptation.
2. Other
Ministries, ministerial agencies and provincial People’s Committees shall
prepare an annual report on climate change adaptation within the scope and fields
under their management and send it to the Ministry of Natural Resources and
Environment.
3. The
Ministry of Natural Resources and Environment shall prepare a national climate
change adaptation report every 05 years and submit it to the Government for
reporting to the National Assembly; instruct other Ministries, ministerial
agencies and provincial People’s Committees to prepare climate change
adaptation reports.
Article 96. Implementation of climate change and ozone
layer protection clauses
1. The Ministry
of Natural Resources and Environment shall:
a) play
the leading role in implementing climate change and ozone layer protection
clauses in the treaties to which the Socialist Republic of Vietnam is a
signatory;
b)
organize the preparation, updating and implementation of Intended Nationally
Determined Contributions, prepare a report on climate change and ozone layer
protection every 02 years and other national reports thereon under the treaties
to which the Socialist Republic of Vietnam is a signatory.
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2. Other
Ministries, ministerial agencies and provincial People’s Committees shall
implement climate change and ozone layer protection clauses in the treaties to
which the Socialist Republic of Vietnam is a signatory; submit reports on
implementation thereof to the Ministry of Natural Resources and Environment for
consolidation and reporting as prescribed.
Chapter VIII
ENVIRONMENTAL TECHNICAL REGULATIONS AND
ENVIRONMENTAL STANDARDS
Article 97. Environmental technical regulations
1.
Environmental technical regulations on ambient environment quality, including:
a)
Environmental technical regulations on soil and sediment quality;
b)
Environmental technical regulations on surface water, groundwater and seawater
quality;
c)
Environmental technical regulations on air quality;
d)
Environmental technical regulations on light and radiation;
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2.
Environmental technical regulations on waste, including:
a)
Environmental technical regulations on wastewater;
b)
Environmental technical regulations on exhaust gases from production, business
operation and service provision and exhaust gases from vehicles.
3.
Environmental technical regulations on waste management, including:
a)
Environmental technical regulations on hazardous waste;
b)
Environmental technical regulations on solid waste landfills;
c)
Environmental technical regulations on works and equipment for in situ
wastewater treatment;
d)
Environmental technical regulations on waste incinerators;
dd)
Environmental technical regulations on waste co-processing;
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4.
Environmental technical regulation on management of scrap imported from foreign countries as production materials.
5.
Environmental technical regulation on limits of persistent pollutants present
in raw materials, fuels, materials, products, goods and equipment.
6. Other
environmental technical regulations in accordance with environmental protection
requirements.
Article 98. Rules for formulating and applying
environmental technical regulation ambient environment quality; environmental
technical regulations on limits of persistent pollutants present in raw
materials, fuels, materials, products, goods and equipment
1. The
formulation of environmental technical regulations on ambient environment
quality must adhere to the following rules:
a)
Achieve the objectives for protecting and improving the living environment to
ensure human health, development of creatures and sustainable of ecosystems;
serve planning activities, environmental zoning and environmental quality
assessment;
b) Ensure
that they are equivalent to those of developing countries and conform to
national and regional natural and socio-economic conditions.
2. The
application of environmental technical regulations on ambient environment
quality must adhere to the following rules:
a) Serve
as the basis for classifying and assessing environmental quality in one location
or one area;
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c) Serve
as the basis for formulating environmental quality management plans,
considering issuing environmental licenses to entities that discharge waste
into the environment and ensuring the discharge serves the purpose of
environmental quality management in planned, zoned or classified areas.
3.
Environmental technical regulation on limits of persistent pollutants present
in raw materials, fuels, materials, products, goods and equipment must aim to
protect human health and prevent environmental protection under the treaties to
which Socialist Republic of Vietnam is a signatory.
Article 99. Rules for formulation and application of
environmental technical regulations on waste, waste management and management
of scrap imported from foreign countries as production materials
1. The
formulation of environmental technical regulations on waste, waste management
and management of scrap imported from foreign
countries as production materials must adhere to the following rules:
a)
Environmental technical regulations on waste and waste management must be
relevant to technical and technological level, technology, socio-economic
development level from time to time; harmonize with regulations of countries in
the region and in the world; encourage businesses to transfer and apply new
technologies, best available techniques, clean technologies and
environmentally-friendly technologies;
b)
Environmental technical regulation on waste must suit the receiving zones and
areas; be formulated according to the planning and environmental zoning; serve
the purpose of environmental quality management and improvement;
c)
Environmental technical regulation on waste management must be in line with the
purposes and requirements concerning collection, storage and treatment of each
type of waste;
d)
Environmental technical regulation on management of scrap imported from foreign countries as production materials must function
as a barrier to prevent and control the import of waste into Vietnam in the
future;
dd)
Environmental technical regulations on waste, waste management and management
of scrap imported from foreign countries as
production materials must be reviewed, updated and adjusted every 05 years or
when necessary, in a more stringent manner if the environmental quality fails
to serve the purpose of environmental quality management;
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2. The
application of environmental technical regulations on waste and waste
management must adhere to the following rules:
a)
Environmental technical regulations on waste and waste management must be
applied to control pollutants produced by businesses; ensure no environmental
pollution is caused;
b)
Environmental technical regulation on waste must be applied to serve the
purpose of environmental quality management in receiving areas and zones and
according to the quantity and volume of waste;
c) New
investment projects and expansion projects must satisfy the latest requirements
specified in the environmental technical regulations on waste and waste
management;
d) Businesses
that are operating must formulate a plan to implement the roadmap for
application of environmental technical regulations on waste and waste
management or relocation plan in case of failure to satisfy the requirements;
dd) If a
national environmental technical regulation on technology or equipment that
produces waste, environmental quality parameters or pollutants present in waste
is yet to be available, the national environmental technical regulation of one
of the developed countries shall apply.
3. The
application of the environmental technical regulation management of scrap
imported from foreign countries as production
materials must adhere to the following rules:
a) The
environmental technical regulation management of scrap imported from foreign
countries as production materials shall serve as one of the bases for customs
clearance of shipments of scrap. In case of failure to satisfy the
requirements, it is required to re-export them as prescribed by law;
b) The
environmental technical regulation management of scrap imported from foreign countries as production materials must be
applied to each shipment of scrap registered for inspection, except for the
case of exemption from inspection prescribed by law.
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1.
Environmental technical regulations on ambient environment quality must define
permissible limits of environmental parameters suitable for use of corresponding
environmental components, including:
a)
Minimum values of parameters ensuring life and normal growth of humans and
creatures;
b)
Maximum permissible values of environmental parameters that ensure no negative
effects produced on life and normal growth of humans and creatures.
2.
Technical regulations on ambient environment quality must provide guidance on
reference method for measuring, collecting and analyzing samples to determine
environmental parameters.
Article 101. Requirements concerning environmental
technical regulations on waste, waste management and management of scrap
imported from foreign countries as
production materials
1.
Environmental technical regulations on waste must define permissible limits of
pollutants present in waste. Permissible limits of pollutants present in waste
must be determined according to toxic properties of the pollutants, volume and
environmental zoning.
2. The
environmental technical regulation on waste management must define technical
and managerial requirements for collection, storage and treatment to avoid
environmental pollution.
3. The
environmental technical regulation on management of scrap imported from foreign countries as production materials must define
technical and managerial requirements and maximum permissible levels of
impurities present in scrap shipments.
4. The
environmental technical regulations on waste and waste management must
introduce an appropriate roadmap for application thereof.
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Article 102. Formulation, appraisal and promulgation of
environmental technical regulations
1. Power
and procedures for formulating and promulgating national and local
environmental technical regulations must comply with regulations of law on
standards and technical regulations.
2. The
Ministry of Natural Resources and Environment shall:
a)
formulate and promulgate national environmental technical regulations;
b)
preside over and cooperate with the Ministry of Transport in requesting the
Prime Minister to promulgate a roadmap for application of national standards
and technical regulations on emissions of motor vehicles operating in Vietnam.
3.
Ministries and ministerial agencies shall promulgate standards, technical
regulations or technical guidance on recycling, reuse and use of waste as raw
materials and materials for production, business operation and service
provision under their management after obtaining comments of the Ministry of
Natural Resources and Environment.
4. The
Ministry of Science and Technology shall carry out appraisal of environmental
technical regulations in accordance with regulations of law on standards and
technical regulations.
5. If the
ambient environment quality fails to achieve the objectives for environmental
protection, the provincial People’s Committee shall promulgate a local
environmental technical regulation on waste within 02 years from the date of
promulgating the national environmental technical regulation.
Article 103. Environmental standards
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2. Whole
or part of an environmental standard becomes compulsorily applicable if it is
referred to in a legal document or environmental technical regulation.
3. An
internal environmental standard shall be applicable within the organization
issuing such standard.
Article 104. Establishment, appraisal and announcement of
environmental standards
1. Power
and procedures for establishing and appraising environmental standards must
comply with regulations of law on standards and technical regulations.
2. The
Ministry of Natural Resources and Environment shall organize the establishment
and request appraisal of national environmental standards.
3. The
Ministry of Science and Technology shall organize appraisal of and announce national
environmental standards.
4.
Agencies and organizations shall establish and announce internal environmental
standards in accordance with regulations of law on standards and technical
regulations.
Article 105. Application of best available techniques
1. Owners
of investment project and businesses involved in types of production, business
and services that are likely to cause environmental pollution shall study and
apply best available techniques according to the roadmap prescribed by the Government;
provide information upon request to serve the development of technical guidance
on application of best available techniques.
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a) The
ability to reduce amount of pollutants;
b) The
ability to increase amount of recyclable waste;
c) Costs
of application and operation of the best available techniques;
d) The
ability to save energy;
dd)
Proactivity in pollution prevention and control.
3. The
Ministry of Natural Resources and Environment shall preside over and cooperate
with the Ministry of Science and Technology, other Ministries and ministerial
agencies concerned in developing and providing technical guidance on
application of best available techniques or consider recognizing the best
available techniques already applied by developed countries and permitted for
application in Vietnam; review, update and supplement the list of best
available techniques in a manner that is relevant to the current situation and
level of science and technology development; provide technical guidance on
application of best available techniques for each type of production, business
or service that is likely to cause environmental pollution.
Chapter IX
ENVIRONMENTAL MONITORING, ENVIRONMENTAL
INFORMATION AND DATA AND ENVIRONMENTAL REPORTING
Section 1. ENVIRONMENTAL MONITORING
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1.
Environmental monitoring also includes waste monitoring and is carried out on
an automatic, continuous or periodic basis or at the request of a competent
authority.
2.
Investment projects, businesses, dedicated areas for production, business
operation and service provision and industrial clusters that release waste into
the environment must carry out monitoring as prescribed in Articles 111 and 112
of this Law and in accordance with environmental technical regulations.
3.
Entities are encouraged to engage in environmental monitoring and provide
information on environmental quality to the community as prescribed by law.
Such entities shall take legal responsibility for the accuracy of the
information provided.
4.
Environmental monitoring must ensure and control quality and give accurate and
reliable monitoring results.
5.
Vehicles and equipment used for environmental monitoring must be verified and
calibrated in accordance with regulations of law on measurement.
Article 107. Environmental monitoring system
1. The
environmental monitoring system shall cover:
a)
National environmental monitoring, which is a network of background and impact
environmental monitoring stations and locations serving the monitoring and
providing information on background and impact environmental quality in
inter-regional, inter-provincial and transboundary areas;
b)
Provincial environmental monitoring, which is a network of background and
impact environmental monitoring stations and locations serving the monitoring
and providing information on background and impact environmental quality in
areas within a province;
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d)
Environmental monitoring for investment projects, in businesses, dedicated
areas for production, business operation and service provision and industrial
clusters;
dd)
Biodiversity monitoring in wildlife sanctuaries.
2.
Organizations joining the environmental monitoring system include:
a)
Environmental monitoring authorities;
b)
Organizations in charge of on-site sampling and sample measurement;
c)
Environmental sample testing and analysis laboratories;
d)
Organizations verifying and calibrating environmental monitoring equipment;
dd)
Organizations managing and processing environmental monitoring data and
preparing environmental monitoring reports.
3. The
environmental monitoring system must be synchronized and interconnected to
create a consistent and comprehensive network nationwide.
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a)
Analyzing and assessing current state of the national environmental monitoring
network; system of environmental testing and analysis laboratories and
environmental monitoring data management system;
b)
Viewpoints, objectives and selected scheme for comprehensive planning for national
environmental monitoring in conformity with environmental zoning, monitoring
orientations and environmental warning in the environmental protection
planning;
c)
National environmental monitoring network, including orientations for
environmental component monitoring points, parameters and frequency nationwide
and automatic monitoring stations; orientations for development of system of
environmental testing and analysis laboratories and environmental monitoring
data management system;
d) List
of national environmental monitoring projects;
dd)
Orientations for connection of national environmental monitoring network,
database and data with provincial environmental monitoring network and
connection of environmental monitoring network;
e)
Roadmap and resources available for the implementation of the planning.
Article 108. Objects subject to environmental monitoring
1.
Environmental components to be monitored include:
a) Water,
including surface water, groundwater and seawater;
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c) Soil and
sediments;
d)
Biodiversity;
dd)
Noise, vibration, radiation, light.
2. Waste
sources, waste and pollutants to be monitored include:
a)
Wastewater and exhaust gases;
b)
Controlled industrial waste for identifying hazardous waste as prescribed by
law;
c)
Radioactivity;
d)
Persistent pollutants that are released into and accumulate in the environment;
dd) Other
pollutants.
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1. The
Ministry of Natural Resources and Environment shall:
a)
direct, provide guidance on and inspect environmental monitoring nationwide;
organize the execution of the national environmental monitoring programs
including environmental monitoring programs for inter-provincial rivers and
lakes, sea, key economic regions, inter-regional, inter-provincial and
transboundary areas and environment in geographically distinct zones; carry out
biodiversity monitoring in wildlife sanctuaries;
b)
formulate, appraise and submit to the Prime Minister the comprehensive planning
for national environmental monitoring for approval in accordance with
regulations of law on planning;
c)
provide technical guidance on building national and provincial environmental
monitoring systems; biodiversity monitoring.
2. The
Ministry of Science and Technology shall organize the execution of
radioactivity monitoring programs including programs for monitoring radioactive
components in the environment.
3. The
Ministry of Agriculture and Rural Development shall organize the execution of environmental
monitoring programs serving agricultural management including water, soil and
sediment monitoring programs serving the purposes of irrigation, fishing,
aquaculture, agriculture, forestry and salt production.
4. The
Ministry of Health shall organize the execution of occupational environment
monitoring programs in the workplace.
5. The
Ministry of National Defense shall participate in offshore water monitoring and
transboundary environmental monitoring.
6.
Provincial People’s Committees shall organize the execution of environmental
monitoring programs within their provinces, submit annual environmental
monitoring reports to provincial People's Councils and the Ministry of Natural
Resources and Environment.
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1.
National environmental monitoring programs, local environmental monitoring
programs and environmental monitoring programs of businesses and service
providers prescribed by regulations of law on environmental protection and
other monitoring activities serving state management of environmental
protection in accordance with regulations on environmental monitoring must be
carried out by organizations certified as eligible to provide environmental
monitoring services.
2.
Organizations that satisfy requirements concerning personnel and equipment for
environmental monitoring and technical conditions applied to laboratories and
adopt environmental monitoring methods shall be issued with the certificate of
eligibility to provide environmental monitoring services. Certificate holders
must operate within the certified scope.
3.
Entities carrying out environmental monitoring on a periodic, regular and
continuous manner in order to provide and publish information about
environmental quality to the community must comply with technical requirements
for environmental monitoring as prescribed by law.
4. The
Government shall elaborate this Article.
Article 111. Wastewater monitoring
1.
Subjects required to carry out automatic and continuous wastewater monitoring
include:
a)
Dedicated areas for production, business operation and service provision and
industrial clusters that discharge wastewater into the environment;
b)
Investment projects and businesses involved in a type that is likely to cause
environmental protection with an average or higher flow rate of wastewater
discharged into the environment;
c)
Investment projects and businesses not involved in a type that is likely to
cause environmental protection with a large flow rate of wastewater discharged
into the environment.
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a)
Dedicated areas for production, business operation and service provision and
industrial clusters that discharge wastewater into the environment;
b)
Investment projects and businesses that discharge wastewater into the
environment at a large flow rate.
3. The
automatic and continuous wastewater monitoring must comply with regulations on
environmental monitoring techniques. Data of the monitoring system must be
directly transmitted to the provincial specialized environmental protection
authority.
4. The
periodic wastewater monitoring must comply with regulations on time, frequency
and parameters; parameters that have undergone automatic and continuous
monitoring are not required to undergo periodic monitoring.
5. Every
provincial specialized environmental protection authority shall:
a)
monitor automatic and continuous wastewater monitoring data; assess automatic
and continuous wastewater monitoring results and compare them with permissible
limits of pollutants specified in the environmental technical regulation on
wastewater; supervise and inspect the correction if the monitoring data
transmission is interrupted; find monitored parameters which exceed the
permissible limits and propose remedial measures as prescribed;
b)
aggregate and transmit data on automatic and continuous monitoring carried out
within the province to the Ministry of Natural Resources and Environment as
prescribed.
6.
Subjects other than those specified in Clauses 1 and 2 of this Article are
encouraged to monitor wastewater to supervise their own wastewater treatment
systems and equipment.
7. The
Government shall elaborate subjects required to carry out wastewater
monitoring; parameters and roadmap for carrying out automatic and continuous
wastewater monitoring; time and frequency of periodic wastewater monitoring.
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Article 112. Industrial dust and exhaust gas monitoring
1.
Subjects required to carry out automatic and continuous monitoring of
industrial dusts and exhaust gases include investment projects and businesses
likely to cause air pollution with large flow rates of dusts and exhaust gases
released into the environment.
2.
Subjects required to carry out periodic monitoring of industrial dusts and
exhaust gases include investment projects and businesses discharging dusts and
exhaust gases into the environment at large flow rates.
3. The automatic
and continuous monitoring of industrial dusts and exhaust gases must comply
with regulations on environmental monitoring techniques. Data of the monitoring
system must be directly transmitted to the provincial specialized environmental
protection authority.
4. The
monitoring of industrial dusts and exhaust gases must comply with regulations
on time, frequency and parameters as prescribed by law. The parameters that
have been automatically and continuously monitored are not required to be periodically
monitored.
5. Every
provincial specialized environmental protection authority shall:
a)
monitor data on automatic and continuous monitoring of industrial exhaust
gases; assess results of automatic and continuous monitoring of industrial
exhaust gases and compare them with permissible limits of pollutants specified
in the environmental technical regulation on exhaust gases; supervise and
inspect the correction if the monitoring data transmission is interrupted; find
monitored parameters which exceed the permissible limits and propose remedial
measures as prescribed;
b)
aggregate and transmit data on automatic and continuous monitoring carried out
within the province to the Ministry of Natural Resources and Environment as
prescribed.
6.
Subjects other than those specified in Clauses 1 and 2 of this Article are
encouraged to monitor industrial dusts and exhaust gases to supervise their own
dust and exhaust gas treatment systems and equipment.
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8. The
Minister of Natural Resources and Environment shall impose regulations on
industrial dust and exhaust gas monitoring techniques.
Article 113. Environmental monitoring data management
1. The
Ministry of Natural Resources and Environment shall manage national
environmental monitoring data; establish environmental monitoring database to
be incorporated in the national environmental information system and database;
integrate environmental monitoring data of Ministries, ministerial
agencies and local authorities, publish information about national
environmental quality; provide professional guidance on and technical
assistance in local environmental monitoring data management.
2.
Ministries and ministerial agencies shall set up environmental monitoring
database within their power and integrate it into the national environmental
monitoring database.
3.
Provincial People’s Committees shall manage environmental monitoring data;
establish environmental monitoring database within their provinces in a manner
that is consistent, synchronized and interconnected with the national
environmental information system and database and publish information on local
environmental quality on the basis of the local environmental monitoring
results.
4.
Investment projects, businesses, dedicated areas for production, business
operation and service provision and industrial clusters shall manage waste
monitoring data and make waste monitoring results publicly available as
prescribed by law.
Section 2. ENVIRONMENTAL INFORMATION SYSTEMS AND DATABASE
Article 114. Environmental information
1.
Environmental information consists of:
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b)
Information about solid waste, hazardous waste, wastewater, exhaust gases and
other types of waste prescribed by law;
c)
Information about decision to approve appraisal results, EIARs, except for
trade secrets and information classified as state secrets; matters concerning
licensing, registration, certification and confirmation; results of inspection
of environmental protection by investment projects, businesses and dedicated areas
for production, business operation and service provision and industrial
clusters;
d)
Information about statistical indicators regarding environment, environmental
quality and environmental pollution;
dd)
Information about natural heritage sites, natural ecosystems, species and
genetic resources; wildlife sanctuaries and biodiversity conservation
facilities; important wetlands.
2. The
collection, storage and management of environmental information shall comply
with the following regulations:
a)
Environmental information shall be collected in an accurate, adequate and
timely manner;
b)
Investment project/business owners shall regularly collect, store and manage
the environmental information mentioned in Points a, b and c Clause 1 of this
Article;
c) Ministries
and ministerial agencies shall collect, store and manage environmental
information under their management specified in Points d and dd Clause 1 of
this Article;
d)
People’s Committees at all levels shall collect, store and manage environmental
information within their areas and as assigned;
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3. The
provision and publishing of environmental information shall comply with the
following regulations:
a) The
State shall encourage entities to participate in providing environmental
information;
b)
Ministries, ministerial agencies and provincial People’s Committees shall
provide environmental information which they collect, store and manage to the
Ministry of Natural Resources and Environment through the environmental
information system and database or submit reports as prescribed by law;
c)
Investment project/business owners shall provide the environmental information mentioned
in Points a, b and c Clause 1 of this Article to an environmental protection
authority through the environmental information system and database or submit
reports as prescribed by law;
d)
Entities shall publish environmental information as prescribed on their
websites or in another manner to facilitate access to information. The
publishing of environmental information shall comply with regulations of this
Law and other relevant regulations of law.
4. The
Government shall elaborate on contents and management of environmental
information; procedures, time and method for providing and publishing
environmental information.
Article 115. Environmental information systems and database
1.
Regarding environmental information systems:
a) The
State shall introduce a policy to build and operate the environmental
information system with the aim of developing a digital environmental platform
and economy in the future;
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c)
Ministries, ministerial agencies and provincial People’s Committees shall
build, manage and operate ministerial, sectoral and provincial environmental
information systems in synchronization with the national environmental
information system.
2.
Regarding environmental database:
a)
Environmental database means a collection of environmental information, is
built, updated, stored and managed to meet the needs for access, provision and
use from central to local government and serve the state management of
environmental protection and provision of public environmental services;
b) The
Ministry of Natural Resources and Environment shall build and manage the
national environmental database; instruct other Ministries, ministerial
agencies and provincial People's Committees to organize the operation of their
environmental database;
c)
Ministries, ministerial agencies and provincial People’s Committees shall
organize the operation of their environmental database; ensure that it is
integrated, connected and interconnected with the national environmental
database.
3. The
Government shall elaborate this Article.
Article 116. Online public environmental services
1. Online
public environmental services include public administrative environmental
services, environmental information provision services and other public
environmental services prescribed by law.
2. The
provision of online public environmental services shall comply with the
following regulations:
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b) The
Ministry of Natural Resources and Environment and provincial People's
Committees shall operate and provide guidance on provision of online public
environmental services ensuring the synchronization, connection and
interconnection as prescribed by law.
Section 3. ENVIRONMENTAL REPORTING
Article 117. Environmental statistical indicators
1.
Environmental statistical indicators are part of the Vietnam's statistical
indicator system aiming to measure and assess environmental protection
activities for sustainable development in the future and in line with the UN’s
sustainable development indicator system.
2.
Environmental statistical indicators include national environmental indicators
and environmental statistical indicators of the natural resource and
environment sector and are compiled in compliance with regulations of this Law
and law on statistics.
3.
Ministries, ministerial agencies and provincial People’s Committees shall organize
production of statistics on environmental indicators in the fields, sectors and
areas under their management; submit annual reports on environmental
statistical indicators to the Ministry of Natural Resources and Environment.
4. The
Minister of Natural Resources and Environment shall produce, provide guidance
on and organize the production of environmental statistics; promulgate a set of
statistical indicators of the natural resource and environment sector.
Article 118. Reporting of environmental protection
1. On an
annual basis, the environmental protection carried out in the previous year
shall be reported as follows:
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b) The
industrial park, export-processing zone, hi-tech zone or economic zone
management board shall submit a report to the provincial People’s Committee
before January 31;
c) The
provincial People’s Committee shall submit a report to the People's Council of
the province and the Ministry of Natural Resources and Environment before
February 15;
d) The
Ministry or ministerial agency shall submit a report on performance of its environmental
protection tasks to the Ministry of Natural Resources and Environment before
February 15;
dd) The
Ministry of Natural Resources and Environment shall prepare a report on
environmental protection nationwide and submit it to the Government for reporting
to the National Assembly at its first session of the year.
2. Main
contents of an environmental protection report:
a) State
of soil, water and air and changes in soil, water and air quality; natural
heritage site and biodiversity;
b)
General socio-economic context and impacts on the environment;
c)
Results of performance of environmental protection activities including control
of pollution sources; solid and hazardous waste management; management of soil,
water and air quality; pollution remediation, environmental quality
improvement; environmental emergency prevention and response; environmental
protection of natural heritage sites and biodiversity;
d)
Environmental monitoring and warning system;
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e)
Conditions and resources for environmental protection;
g)
Results of compilation of environmental statistical indicators;
h)
General assessment;
i)
Orientations, tasks and solutions for environmental protection in the coming
time.
3. The
environmental protection reporting period begins from January 01 to December 31
inclusive of the reporting year.
4. The
environmental protection report shall be submitted physically or electronically
as prescribed by law.
5. The
Minister of Natural Resources and Environment shall provide guidance on
preparation of environmental protection reports; provide guidance on and
organize the assessment of environmental protection by Ministries, ministerial
agencies and provincial People's Committees.
Article 119. Reporting of environmental protection during
production, business operation and service provision
1. Every
investment project/business owner shall prepare and submit an environmental
protection report to the competent authority as prescribed by law.
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a) Annual
environmental protection reports. The reporting period begins from January 01
to December 31 inclusive of the reporting year;
b) Ad hoc
environmental protection reports requested by the competent authority.
3. Main
contents of a periodic environmental protection report include:
a)
Results of operation of works and implementation of environmental protection
measures for waste;
b)
Results of implementation of remedial measures required by the inspecting
authority and competent authority (if any);
c)
Results of periodic, automatic and continuous monitoring;
d)
Management of solid waste and hazardous solid waste;
dd)
Management of imported scrap (if any);
e)
Provision of environmental monitoring services (if any);
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4. The
environmental protection report shall be submitted physically or electronically
as prescribed by law.
5. The
Minister of Natural Resources and Environment shall elaborate contents, forms,
methods and time for sending reports on environmental protection during production,
business operation and service provision.
Article 120. State of the environment reports
1. State
of the environment reports include general reports on state of the environment
and thematic reports on state of the environment.
2.
Responsibility for preparing state of the environment reports:
a) The
Ministry of Natural Resources and Environment shall prepare a general report on
national state of the environment every 05 years to serve the assessment of
results of implementation of the socio-economic development plan; prepare an
annual thematic report on national state of the environment;
b)
Provincial People’s Committees shall prepare a general report on local state of
the environment every 05 years; prepare an annual thematic report on state of
the environment under the guidance of the Ministry of Natural Resources and
Environment; according to the pressing local environmental issues, the
provincial People's Committees may decide to prepare a thematic report on state
of the environment within provinces.
3. Main
contents of a state of the environment report include:
a)
Overview of nature, economy and society;
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c) State
of the environment and environmental quality changes;
d)
Pressing environmental issues and causes thereof;
dd)
Impacts of the environment on economy and society;
e)
Results of implementation of policies, law and environmental protection
activities; international cooperation in environmental protection;
g)
Predicted environmental challenges;
h) Directions
and solutions for environmental protection.
4. Method
for state of the environment reporting:
a) The
general report on national state of the environment shall be submitted to the
National Assembly at the session prior to the final session of the last year of
the tenure;
b) The
thematic report on national state of the environment shall be published on the
website of the Ministry of Natural Resources and Environment prior to the
National Assembly’s first session of the next year; the thematic report on
local state of the environment shall be published on the website of the
provincial People’s Committee prior to the regular session of the provincial
People's Council of the next year.
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Chapter X
ENVIRONMENTAL EMERGENCY PREVENTION AND
RESPONSE AND COMPENSATION FOR ENVIRONMENTAL DAMAGE
Section 1. ENVIRONMENTAL EMERGENCY PREVENTION AND RESPONSE
Article 121. General regulations on environmental emergency
prevention and response
1. The
environmental emergency prevention and response shall adhere to technical
processes and regulations on safety and environment.
2. The
motto “leadership on-the-spot, forces on-the-spot, means and materials
on-the-spot, and logistics on-the-spot” shall be used for environmental
emergency response.
3.
Entities causing environmental emergencies shall respond to them and pay costs
of response.
4. An
environmental emergency that occurs in an establishment or administrative
division, the head of such establishment or administrative division shall
direct and organize the response to the environmental emergency. There must be
a commander, who will assign specific tasks and coordinate different forces,
vehicles and equipment involved in response to the environmental emergency.
5. The
State shall encourage and enable entities to invest in environmental emergency
response services.
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7. The
Government shall elaborate on the prevention of and response to environmental
emergencies.
Article 122. Responsibility for environmental emergency
response
1. Every
investment project/business owner shall perform the following tasks:
a) Comply
with requirements concerning plans, measures and equipment for environmental
emergency prevention and response as prescribed by law;
b) Carry
out regular inspection and adopt managerial and technical plans and measures to
eliminate and reduce the risk of environmental emergencies.
2.
Provincial People’s Committees shall:
a)
investigate, statistically report and assess the risk of environmental
emergencies within their provinces;
b) build
database and compile and publish information about sources that are likely to
cause environmental emergencies within their provinces as prescribed by law;
c) build
and direct district- and communal-level People’s Committees to build capacity
for environmental emergency prevention and response within their provinces.
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Article 123. Classification of environmental emergencies by
scale and stages of response to environmental emergencies
1. The
classification of an environmental emergency shall be based on the extent of
environmental pollution or degradation at the time of discovering the emergency
in order to determine an authority responsible for direction and response,
including:
a) In-facility
environmental emergency: environmental pollution or degradation occurs within a
facility;
b)
District-level environmental emergency: environmental pollution or degradation
occurs beyond a facility and within a district;
c)
Provincial-level environmental emergency: environmental pollution or
degradation occurs beyond a district and within a province;
d)
National-level environmental emergency: environmental pollution or degradation
occurs within 02 provinces or more or across the nation.
2. Stages
of environmental emergency response include:
a)
Preparing for environmental emergency;
b)
Organizing environmental emergency response;
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Article 124. Preparing for environmental emergency
1. The
person responsible for directing environmental emergency response specified in
Clause 4 Article 125 of this Law shall direct the formulation and approval of
the environmental emergency response plan within his/her jurisdiction; direct
organization of environmental emergency response drills for which he/she grants
approval.
2. The
Ministry of National Defense shall preside over and cooperate with other
Ministries, ministerial agencies, Governmental agencies and provincial People’s
Committees in providing guidance on, forming forces and providing resources and
equipment in response to environmental emergencies to the National Committee
for Search and Rescue and Steering Committees for Natural Disaster Management
and Search and Rescue of provinces and districts.
3.
Investment project/business owners must have works, equipment and vehicles
serving response to environmental emergencies as prescribed by law; form and
train forces on-the-spot for the purpose of environmental emergency response.
4. An
environmental emergency response plan shall be promulgated and implemented as
follows:
a) The
National Committee for Search and Rescue shall promulgate and implement the
national environmental emergency response plan; inspect the implementation of
the environmental emergency response plan promulgated by the provincial
Steering Committee for Natural Disaster Management and Search and Rescue;
b) The
provincial Steering Committee for Natural Disaster Management and Search and
Rescue shall promulgate and implement the provincial environmental emergency
response plan; inspect the implementation of the environmental emergency
response plan promulgated by the district-level Steering Committee for Natural
Disaster Management and Search and Rescue;
c) The
district-level Steering Committee for Natural Disaster Management and Search
and Rescue shall promulgate and implement the district-level environmental
emergency response plan;
d) The
investment project/business owner shall promulgate and organize the
implementation of its environmental emergency response plan.
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6. The environmental
emergency response plan shall be integrated as follows:
a) The
environmental emergency response plan mentioned in Point a, b or c Clause 4 of
this Article may be integrated with the civil defense plan or plan for response
to another emergency;
b) The
environmental emergency response plan mentioned in Point d Clause 4 of this
Article is integrated with and approved together with the plan for response to
another emergency.
7. An
environmental emergency response drill shall be organized as follows:
a) The
drill in response to in-facility environmental emergencies shall be conducted
at least every 02 years unless otherwise prescribed by law;
b) The
drills in response to district, provincial and national-level environmental
emergencies shall be conducted according to the environmental emergency
response plan approved by the competent authority;
c) The
environmental emergency response drill must be joined by relevant organizations
and forces, representatives of residential communities and surrounding facilities
potentially affected by the emergency.
Article 125. Organizing environmental emergency response
1.
Information about an environmental emergency must be promptly notified to the
Steering Committee for Natural Disaster Management and Search and Rescue of the
district and People’s Committee of the commune where the emergency occurs.
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3. The
response to an environmental emergency shall mainly focus on:
a)
identifying causes of the emergency; type, amount and weight of pollutants
released into the environment;
b)
preliminary assessment of extent, objects and level of impacts on soil, water,
air, humans and creatures;
c)
implementation of measures for isolating and limiting the extent, objects and
level of impacts; urgent implementation of measures to ensure safety of humans,
property, creature and environment;
d)
recovering, treating and eliminating pollutants or causes of pollution;
dd)
publishing and providing information about the emergency to the community to
prevent and avoid adverse impacts of the emergency.
4.
Responsibility for response to the environmental emergency:
a)
Investment project/facility owner has the responsibility to organize response
to the environmental emergency within the facility, if it is beyond the
response capacity, promptly notify the People’s Committee of the commune where
the emergency occurs and the district-level Steering Committee for Natural
Disaster Management and Search and Rescue for cooperation;
b) The
Chairperson of the district-level People's Committee and the head of the
district-level Steering Committee for Natural Disaster Management and Search
and Rescue shall direct emergency response, mobilize resources, equipment and
vehicles and appoint a commander and spokesman to respond to the emergency
occurring within the district;
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d) The
Chair of the National Committee for Search and Rescue shall direct emergency
response, mobilize resources, equipment and vehicles and appoint a commander
and spokesman to respond to the national emergency.
5. If it
is beyond the response capacity, the emergency response director shall notify
the supervisory authority. Entities shall cooperate and assist in response to
the environmental emergency upon request.
6. If the
environmental pollution or degradation occurs beyond a facility or
administrative division, the emergency response director shall notify the
supervisory authority, which will direct the emergency response.
7. Where
necessary, the emergency response director specified in Clause 4 of this
Article shall decide to establish a command center and working team responsible
to identify causes of the emergency.
8. The
Ministry of Health and People’s Committees at all levels shall assess the
extent, objects and level of impacts of the environmental emergency on human
health and take measures to prevent and minimize those impacts.
Article 126. Remediating environment after emergency
1. The
owner of the investment project/facility causing an environmental emergency
shall remediate the environment after the emergency occurs within such
facility. The People’s Committee of the commune where the emergency occurs
shall inspect and supervise the environmental remediation.
2. After
a district, provincial or national-level environmental emergency occurs, the environmental
remediation shall be carried out as follows:
a) The
district-level People’s Committee shall conduct survey and assessment of state
of the environment, formulate, approve and direct the implementation of the
environmental remediation plan for the district-level environmental emergency.
Within 30 days from the end of the stage of organizing the response, the
district-level People’s Committee must approve the environmental remediation
plan;
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c) The
Ministry of Natural Resources and Environment shall conduct survey and
assessment of state of the environment, formulate, approve and direct the
implementation of the environmental remediation plan for the national
environmental emergency. Within 90 days from the end of the stage of organizing
the response, the Ministry of Natural Resources and Environment must approve
the environmental remediation plan.
3.
Contents of the environmental remediation plan consist of:
a)
Description and assessment of the state of the environment after the emergency
occurrence including the level, extent and characteristics of environmental
pollution in each area; state of the environment, premises and ecosystems (if
any) before the emergency occurrence; requirements for remediating the
environment in accordance with the environmental technical regulation on
ambient environment quality, premises restoration and recovery of main
characteristics of the ecosystem;
b)
Environmental remediation measures; analysis, assessment and selection of the
best solution for environmental improvement and remediation;
c) List
and volume of items serving environmental remediation regarding the selected
solution;
d) The implementation
plan divided into multiple stages of environmental remediation; program for
management, monitoring and supervision during environmental remediation period;
plan to commission environmental remediation results.
4. The
inspection, supervision and commissioning of the environmental remediation plan
specified in Clause 2 of this Article shall comply with the following
regulations:
a) If an
entity causing an environmental emergency implements the approved plan
itself/himself/herself; the authority approving the plan shall inspect and
supervise environmental remediation according to the approved plan;
b) If the
authority approving the plan shall organize the implementation of the plan, the
entity causing the emergency is entitled to participate in supervision,
appraisal, inspection and commissioning of remedial remediation.
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6. The
authority approving the environmental remediation plan shall announce the end
of the environmental remediation stage to residential communities, press
agencies and communications agencies.
7. The
Minister of Natural Resources and Environment shall elaborate this Article.
Article 127. Responsibility of Ministries, ministerial
agencies and specialized agencies at all levels for environmental emergency
prevention and response
1.
Ministries and ministerial agencies shall:
a)
provide guidance on, inspect and build capacity for prevention and warning of
environmental emergencies in the fields and sectors under their management;
preparation for environmental emergencies and organization of environmental
emergency response within the scope of management as prescribed by law;
b)
provide guidance on contents of environmental emergency response plans under
their management; technical processes and techniques for environmental
emergency response and environmental emergency scenarios under their management
as prescribed by law;
c)
formulate and request the National Committee for Search and Rescue to
promulgate the national environmental emergency response plan within the scope
of management;
d)
participate in response to national environmental emergencies within the scope of
management as assigned by the National Committee for Search and Rescue.
2.
Specialized agencies affiliated to district- and provincial-level People’s
Committees shall, within their jurisdiction, advise district- and
provincial-level People's Committees, district- and provincial-level Steering
Committees for Natural Disaster Management and Search and Rescue to formulate
and promulgate environmental emergency response plans; provide guidelines for
preparing for and organizing response to environmental emergencies within their
districts and provinces.
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a)
formulate and submit to the Prime Minister the Regulation on waste-related
emergency response; provide technical guidance on waste-related emergency
prevention and response;
b)
participate in organizing response to national environmental emergencies as
assigned by the National Committee for Search and Rescue;
c) direct
the environmental remediation after the national environmental emergency;
provide technical guidance on environmental remediation after emergency.
4.
Provincial- and district-level specialized environmental protection authorities
shall advise provincial- and district-level People’s Committees on
environmental remediation after emergency within their provinces and districts.
Article 128. Finance for environmental emergency response
1. Any
entity that causes an environmental emergency shall promptly and sufficiently
pay costs incurred in connection with emergency response and environmental
remediation. If the State organizes emergency response and environmental
remediation, the entity causing the emergency shall pay costs of emergency
response and environmental remediation to the State as prescribed by law.
2. In case
of failure to identify causes of the emergency or the entity causing the
emergency, the costs of emergency response and environmental remediation shall
be paid by the State.
3. The
funding for emergency response and environmental remediation specified in
Clause 2 of this Article is covered by the state budget and other funding
sources prescribed by law.
4. The
costs of manpower, materials and vehicles used and mobilized to respond to
environmental emergencies will be reimbursed and paid for as prescribed by law.
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1. Any
entity or residential community that may be affected by an environmental
emergency must be notified of its risks and measures to respond to the
environmental emergency implemented by surrounding facilities; are entitled to
be informed, participate and supervise environmental emergency response.
2.
Investment project/business owners shall notify communal People’s Committees of
risks of environmental emergencies and response measures to inform entities and
surrounding residential community.
3. The
time of starting and ending the stage of organizing environmental emergency
response and stage of environmental remediation must be published by competent
person or authority on mass media.
4.
Environmental emergency directors and spokesmen for environmental emergencies
shall promptly provide and update information about environmental emergencies
to communications agencies, press agencies and residential communities.
Information about environmental emergencies provided by environmental emergency
directors and spokesmen for environmental emergencies are official information.
5.
Communications agencies and press agencies shall accurately, truthfully,
sufficiently and promptly provide information about environmental emergencies
and response to environmental emergencies.
Section 2. COMPENSATION FOR ENVIRONMENTAL DAMAGE
Article 130. Damage caused by environmental pollution and
remediation and rules for determining liability for compensation for
environmental damage
1. Damage
caused by environmental pollution and degradation includes:
a)
Impairment of environmental functions and usefulness;
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2.
Entities that cause environmental emergencies must be determined in a prompt,
objective and fair manner. Entities that cause environmental emergencies must
provide compensation for damage they cause and pay costs of assessing damage
and following procedures for claiming compensation for damage as prescribed.
3. If
there are at least 02 entities causing damage to environment, the compensation
shall be provided as follows:
a) The
liability of each entity for compensation for environmental damage shall be
determined according to the type of pollutant, amount of exhaust gases and
other factors;
b) The
liability for compensation for environmental damage and payment of costs of
assessing damage and following procedures for claiming compensation for damage
shall be determined in proportion to damage rate in the total environmental
damage; if relevant parties or environment authority fails to determine the
liability, the arbitral tribunal or court shall make a decision within its
power;
4. The
entities that comply with all regulations of law on environmental protection,
build waste treatment systems that satisfy the requirements and prove that no
environmental damage is caused are not required to provide compensation for
environmental damage and incur the costs of assessing damage and following
procedures for claiming compensation for damage.
Article 131. Responsibility for claiming compensation for
damage and assessing environmental damage
1. Any
People’s Committee or entity that finds that the environment shows signs of
pollution or degradation shall notify the authority settling claims for
environmental damage and organizing collection and verification of data and
evidence to determine environmental damage caused by the pollution or
degradation as prescribed in Clause 2 of this Article.
2.
Responsibility for claiming compensation and organizing collection and
verification of data and evidence to determine environmental damage caused by
pollution and degradation:
a) The
communal People’s Committee shall claim compensation for environmental damage
caused within areas under its management. In this case, the communal People’s
Committee shall request the district-level People’s Committee to organize
collection and verification of data and evidence to determine environmental
damage caused by pollution or degradation;
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c) The
provincial People’s Committee shall claim compensation for damage and organize
collection and verification of data and evidence to determine environmental
damage caused by pollution or degradation within at least 02 districts;
d) The
Ministry of Natural Resources and Environment shall claim compensation for
damage and preside and cooperate with the provincial People’s Committees in
organizing collection and verification of data and evidence to determine
environmental damage caused by pollution or degradation within at least 02
provinces.
3. Any
entity that suffers loss of life, damage to health, property and legitimate
interests due to the impairment of the environmental function or usefulness
shall determine or authorize a regulatory body or another entity to determine
damage and claim compensation for environmental damage in accordance with
regulations of this Law and other relevant regulations of law.
4. The
Government shall elaborate this Article.
Article 132. Assessment of damage caused by environmental
pollution and degradation
1. The
assessment of damage caused by environmental pollution or degradation shall
cover the following:
a) Area of
environmental pollution or degradation;
b) Amount
of environmental components degraded and types of ecosystems and species
damaged;
c) Degree
of damage to each environmental component, ecosystem and species.
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3. The
assessment of fatality and damage to entities’ health, property and legitimate
interests caused by the impairment of the environmental functions or usefulness
shall be carried out in accordance with regulations of law.
4. The
Government shall elaborate on assessment of damage caused by environmental
pollution and degradation.
Article 133. Settlement of claims for compensation for
environmental damage
1. A
claim for compensation for environmental damage shall be settled by negotiation
between parties. In case of failure to reach an agreement, the parties may
adopt the following methods:
a)
Mediation;
b)
Settlement of the dispute by arbitration;
c) Settlement
of the dispute by a Court.
2. The
settlement by a Court may be carried out in accordance with regulations on tort
and law on civil procedures, except for regulations on proving the causal
connection between violations against law and the damage caused. Entities that
commit violations and cause environmental pollution have the responsibility to
prove the causal connection between a violation against the law on environment
and the damage caused.
Article 134. Compensations for environmental damage
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a) Costs
of short-term and long-term damage caused by the impairment of the
environmental function or usefulness;
b) Costs
of environmental improvement and remediation;
c) Costs
of minimizing or eliminating damage-causing sources or organizing environmental
emergency response;
d) Costs
of assessing damage and following procedures for claiming compensation for
environmental damage;
dd)
Depending on specific condition, Points a, b, c or d of this Clause may be
applied to calculate costs of environmental damage and serve as the basis for
claiming compensation and settling compensation claims.
2.
Compensations for environmental damage shall be directly paid by entities or
paid to the Vietnam Environment Protection Fund or provincial environment
protection fund, which will make the payment.
Article 135. Verification of damage caused by impairment of
environmental functions and usefulness
1. The
verification of damage caused by impairment of environmental functions and
usefulness shall be carried out at the request of the entity suffering the
damage or compensation body.
2. The
bases for verifying damage include a claim for environmental compensation,
information, data, evidence and others related to compensation and the subject
causing damage.
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4. The
Government shall elaborate on verification of damage caused by impairment of
environmental functions and usefulness.
Chapter XI
ECONOMIC INSTRUMENTS, POLICIES AND
RESOURCES FOR ENVIRONMENTAL PROTECTION
Section 1. ECONOMIC INSTRUMENTS FOR ENVIRONMENTAL
PROTECTION
Article 136. Policies on environmental protection taxes and
fees
1.
Regarding environmental protection taxes:
a) Environmental
protection taxes shall be imposed on products and goods of which the use
adversely impacts the environment or substances that cause environmental
pollution;
b)
Environmental protection tax rates shall be determined according to the levels
of adverse impacts on the environment;
c) The
promulgation and implementation of regulations on environmental protection
taxes shall comply with regulations of law on taxation.
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a)
Environmental protection fees on discharge of waste into the environment;
mineral mining or creation of adverse impacts on the environment; public
services in the field of environmental protection in accordance with
regulations of law on fees and charges;
b)
Environmental protection fees shall be determined according to the amount and
toxicity of pollutants released into the environment, characteristics of the
waste receiving environment; levels of adverse impacts of mineral mining
activities on the environment; nature of public services in the field of
environmental protection;
c) The
promulgation and implementation of regulations on environmental protection fees
shall comply with regulations of law on fees and charges.
3. The
Ministry of Natural Resources and Environment shall preside over assessing the
level of environmental pollution and greenhouse effect caused by waste or
products or goods of which the use adversely impacts the environment to propose
a list of objects subject to environmental protection taxes and fees, bracket
and rates of taxes and fees on each object subject to environmental protection
taxes and fees and methods for calculating environmental taxes and shall send
them to the Ministry of Finance, which will request a competent authority for
consideration and decision.
Article 137. Payment of deposits on environmental
protection
1. The
payment of deposits on environmental protection aims to ensure that entities
take responsibility for remediating environment and manage risks of
environmental pollution caused by the activities specified in Clause 2 of this
Article.
2.
Entities that carry out the activities below must pay deposits on environmental
protection:
a)
Mineral mining;
b) Waste
burial;
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3. The
payment of deposits on environmental protection shall be made in cash, precious
metals, precious stones or financial instruments as prescribed by law.
4. The
payment of deposits on environmental protection shall be made as follows:
a)
Entities that carry out the activities in Points a and b Clause 2 of this
Article shall pay deposits to the Vietnam Environment Protection Fund or
provincial environment protection fund;
b)
Entities that carry out the activity in Point c Clause 2 of this Article shall
pay deposits to the Vietnam Environment Protection Fund or provincial
environment protection fund or financial institution or credit institution as
prescribed by law.
5. The
Government shall elaborate this Article, deposits, deposit payment methods,
principles of deposit interest rates and return of deposits on environmental
protection.
Article 138. Payments for ecosystem services
1.
Payments for ecosystem services occur when a user of an ecosystem service makes
a payment to the provider of environmental and landscape values created by the
ecosystem to protect, maintain and develop the ecosystem.
2.
Ecosystem services for which payments are made include:
a) Forest
environmental services provided by forest ecosystems in accordance with
regulations of law on forestry;
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c) Marine
ecosystem services serving the purposes of tourism business, leisure and
aquaculture;
d) Rocky mountain,
cave and geopark ecosystem services serving the purposes of tourism business
and leisure;
dd)
Ecosystem services serving the purposes of carbon sequestration and storage,
except for the case in Point a of this Clause.
3.
Principles of making payments for ecosystem services:
a) Every
user of one or more ecosystem services must make payments for ecosystem
services;
b) Users
may make a direct or indirect payment through entrustees;
c)
Payments for ecosystem services shall be included in the prices of finished
products or services of users of ecosystem services and offset the costs of
protecting, maintaining and developing ecosystems;
d)
Ecosystem service providers must use payments for ecosystem services to
protect, maintain and develop ecosystems.
4.
Entities must make payments for ecosystem services when they:
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b) use
landscapes of ecosystems for tourism and recreation services;
c) The
production and business operation that emit GHGs must use carbon sequestration
and storage services provided by ecosystems to reduce GHG emission.
5. The
Government shall elaborate this Article.
Article 139. Organizing and developing domestic carbon
market
1. The
domestic carbon market covers the exchange of GHG emission quotas and
carbon credits obtained from the participation in domestic and international
carbon credit exchange and offsetting mechanisms in accordance with regulations
of law and treaties to which the Socialist Republic of Vietnam is a signatory.
2.
GHG-emitting facilities that are required to develop inventory of GHGs on the
list specified in Clause 3 Article 91 of this Law are given GHG emission quotas
and reserves the right to exchange and trade quotas on the domestic carbon
market.
3. Bases
for determining GHG emission quotas include:
a)
National climate change strategy and other relevant development strategies and
planning;
b)
Results of national GHG inventory, fields and facilities on the list specified
in Clause 3 Article 91 of this Law;
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4.
GHG-emitting facilities are only allowed to emit GHGs within the allocated
quotas; if they wish to emit GHGs in excess of the allocated quotas, they shall
purchase quotas from other entities through the domestic carbon market.
5. Any
GHG-emitting facility that reduces GHG emissions or has not used up its
allocated quotas is entitled to sell its unused quotas to another entity
through the domestic carbon market.
6. Every
GHG-emitting facility participating in the domestic and international carbon
credit exchange and offsetting mechanisms in accordance with regulations of law
and treaties to which the Socialist Republic of Vietnam is a signatory is
allowed to exchange carbon credits on the domestic carbon market.
7. Every
GHG-emitting facility participating in the domestic and international carbon
credit exchange and offsetting mechanisms shall exchange, auction, borrow, pay
for and transfer carbon quotas and credits in accordance with regulations of
law and treaties to which the Socialist Republic of Vietnam is a signatory.
8. The
Ministry of Natural Resources and Environment shall request the Prime Minister
to grant approval for total GHG emission quotas at the end of each stage and
every year.
9. The
Ministry of Finance shall preside over and cooperate with the Ministry of
Natural Resources and Environment and other Ministries and ministerial agencies
concerned to establish the domestic carbon market.
10. The
Ministry of Natural Resources and Environment shall organize allocation of GHG
emission quotas to entities as prescribed in Clause 2 of this Article; organize
operation of the domestic carbon market and participation in international
carbon markets.
11. The
Government shall elaborate this Article and costs of allocating GHG emission
quotas, roadmap and time for operating the domestic carbon market in conformity
with national socio-economic conditions and treaties to which the Socialist
Republic of Vietnam is a signatory.
Article 140. Liability insurance against environmental
damage
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2. According
to investment projects classified as prescribed in Article 28 of this Law, the
Government shall elaborate on entities required to buy liability insurance
against environmental damage.
3.
Entities other than those specified in Clause 2 of this Article are encouraged
to buy liability insurance against environmental damage.
Section 2. POLICIES TO PROVIDE INCENTIVES AND ASSISTANCE
AND DEVELOP ENVIRONMENTAL ECONOMY
Article 141. Incentives for and assistance in environmental
protection
1. The
policy to provide incentives and assistance for environmental protection is as
follows:
a) The
State shall provide incentives and assistance regarding land and capital;
exemption and reduction of environmental protection taxes and fees; provision
of freight subsidies to environmentally-friendly products and other incentives
and assistance for environmental protection activities as prescribed by law;
b)
Entities that carry out multiple environmental protection activities eligible
for incentives and assistance are entitled to the incentives and assistance
corresponding to such activities;
c) If an
environmental protection activity is eligible for the same incentives or
assistance in accordance with regulations of this Law and other relevant
regulations of law, the higher rates of incentives or assistance provided for
in a document shall apply;
d) The
rate and scope of incentives and assistance for environmental protection shall
be adjusted to ensure the consistency with the environmental protection policy
in each period.
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a)
Investment projects involving collection, treatment, recycling or reuse of
waste;
b)
Enterprises manufacturing and providing technologies, equipment, products and
services in support of satisfying the environmental protection requirements,
including combined waste treatment and waste-to-energy technology; centralized
domestic wastewater treatment services; ambient environment monitoring
services; electric and renewable energy-powered public transport services;
manufacturing clean and renewable energy; manufacturing and supplying
environmental monitoring equipment and equipment for in situ wastewater
treatment, Vietnam Green Label certified environmentally-friendly products and
services.
3.
Environmental protection activities eligible for incentives and assistance
other than investment and business activities include:
a)
Technology innovation and renovation and upgrading of waste treatment works
according to the roadmap prescribed by the law on environmental protection;
b)
Relocation of households from dedicated areas for production, business
operation and service provision or relocation of operating facilities to
maintain environmental safe distance;
c)
Investment in development of natural capital and protection of natural heritage
sites.
4.
Scientific research into and development of technologies and transfer of
technologies for environmental protection are eligible for incentives and assistance
in accordance with regulations of law on science, technology and technology
transfer.
5. The
Government shall elaborate this Article.
Article 142. Circular economy
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2.
Ministries, ministerial agencies and provincial People’s Committees shall
incorporate circular economy immediately at the stage of formulating a
development strategy, planning, plan, program or project; managing, reusing and
recycling waste.
3. Every
business shall establish a management system and take measures to reduce
extraction of natural resources, reduce waste and increase waste recycling and
reuse from setting up a project and designing a product or goods to production
and distribution.
4. The
Government shall elaborate on criteria, roadmap and mechanisms for encouraging
the implementation of circular economy in conformity with the national
socio-economic conditions.
Article 143. Development of environmental industry
1.
Environmental industry refers to an industry sector in the Vietnam Standard
Industrial Classification providing technologies, equipment and products
serving the environmental protection.
2. The
State shall invest in and introduce policies to assist entities in developing
environmental industry and implementing the roadmap for opening up the
environmental goods market in accordance with international commitments.
3. The
Government shall elaborate this Article.
Article 144. Development of environmental services
1.
Environmental services refers to an industry sector including services provided
to measure, control, limit, prevention or minimize water, air and soil
pollution, efficiently use natural resources; treat waste and other pollutants;
conserve biodiversity, and other relevant services.
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3.
Entities are encouraged to provide environmental services related to:
a)
Collection, transport, recycling and treatment of waste;
b)
Environmental monitoring and analysis, environmental impact assessment;
c)
Improvement and remediation of environment and ecosystems in polluted and
degraded areas;
d)
Consulting and transfer of environmentally-friendly production technologies;
energy-saving technologies, production of clean and renewable energy;
dd)
Environmental consulting and training, provision of environmental information
about environment; clean energy, renewable energy and energy saving;
e)
Environmental assessment for goods, machinery, equipment and technologies;
g)
Environmental and biodiversity damage assessment; assessment of pollutants that
directly affect human health;
h) Other
environmental protection services.
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5. The
Government shall elaborate this Article.
Article 145. Environmentally-friendly products and services
1.
Environmentally-friendly product or service refers to a product or service
created using environmentally-friendly materials and production and management
technology to minimize its environmental impacts during its use or after it is
disposed of in a manner that ensures environmental safety and human health, and
is certified or recognized by a competent authority.
2.
Vietnam ecolabel is a label that is awarded by a Vietnamese competent authority
to an environmentally-friendly product or service. The monitoring, analysis and
conformity assessment for comparison with Vietnam Green Label criteria
applicable to a product or service must be carried out by an environmental
monitoring organization as prescribed by this Law and conformity assessment
body in accordance with regulations of law on quality of products and goods,
law on measurement and other relevant laws.
3.
Vietnam shall recognize environmentally-friendly products and services already
certified by international organizations and countries signing the mutual
recognition agreements with Vietnam.
4. The
Government shall elaborate this Article.
Article 146. Green procurement
1. Green
procurement means the purchase of environmentally-friendly products and
services awarded Vietnam Ecolabel or recognized as prescribed by law.
2.
Priority is given to green procurement for investment projects or tasks funded
by the state budget as prescribed by the Government.
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1.
Natural capital is the stock of natural resources, which includes soil, water,
forests, aquatic resources, minerals, fossil fuels, natural energy sources and
natural ecosystem services.
2. The
exploitation, use and development of natural capital shall adhere to the following
principles:
a) The
natural capital is inventoried and evaluated to serve the socio-economic
development as prescribed by law;
b) The
State gives priority to investment in maintenance and development of natural
capital that has the ability to regenerate itself and provide natural ecosystem
services;
c)
Priority is given to re-investment of revenues from natural capital in
maintenance and development of natural capital.
3. The
State shall encourage entities to exploit, use, enhance and invest in maintenance
and development of natural capital.
4.
Ministries, ministerial agencies and provincial People’s Committees shall
incorporate investment in development of natural capital in their
socio-economic development strategies, planning, plans, programs, schemes and
projects.
Section 3. RESOURCES FOR ENVIRONMENTAL PROTECTION
Article 148. Resources for environmental protection
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a) Waste management
and assistance in waste treatment;
b)
Environmental improvement and remediation;
c)
Construction of technical infrastructure serving environmental protection;
equipment for environmental protection; environmental monitoring;
d) Inspection
and supervision of environmental protection;
dd)
Nature and biodiversity conservation; environmental protection of natural
heritage sites; adaptation to climate change;
e)
Scientific research into, development and transfer of environmental technologies;
g)
Disseminating information about and raising awareness of environmental
protection; spreading knowledge of and disseminating the law on environmental
protection;
h)
International integration and cooperation in environmental protection;
i) Other activities
prescribed by law.
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a) State
budget for covering current expenses and development investment expenditures on
environmental protection;
b)
Private capital for environmental protection.
3. The
state budget shall cover specific expenditures on environmental protection and
gradually increase them in each period within its budget and in line with
environmental protection requirements and tasks.
4.
Investment project/business owners shall provide funding for the following
environmental protection activities:
a)
Innovation of waste treatment technologies as prescribed by law;
b)
Construction and operation of environmental protection works as prescribed by
law;
c)
Execution of environmental monitoring programs (if any);
d)
Execution of environmental emergency prevention and response plans (if any);
dd) Other
activities prescribed by law.
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6. The
Ministry of Natural Resources and Environment shall provide guidelines for
statistically reporting, supervising and announcing resources for environmental
protection.
7. The
Government shall elaborate on Clauses 1 and 2 of this Article.
Article 149. Green credit
1. Green
credit is the credit granted to the following investment projects:
a)
Efficient use of natural resources;
b)
Adaptation to climate change;
c) Waste
management;
d)
Pollution remediation and environmental quality improvement;
dd)
Natural ecosystem restoration;
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g)
Creation of other environmental benefits.
2. Lending
by credit institutions and foreign branch banks in Vietnam to investment
projects must comply with regulations of law on management of environmental
risks in lending.
3. Credit
institutions and foreign branch banks in Vietnam are encouraged to finance and
grant concessional loans to the projects in Clause 1 of this Article.
4. The
Governor of the State Bank shall provide guidelines for management of
environmental risks in credit extension by credit institutions and foreign
branch banks in Vietnam.
5. The
Government shall introduce a roadmap for grant of green credit and mechanisms
for encouraging grant of green credit.
Article 150. Green bonds
1. Green
bonds are bonds issued by the Government, local authorities and enterprises in
accordance with regulations of law on bonds to raise capital for environmental
protection activities and investment projects that offer environmental
benefits.
2.
Revenues from issuance of green bonds must be recorded and monitored in
accordance with regulations of law on bond issuance and used for executing
investment projects involving environmental protection and investment projects
offering environmental benefits, including:
a)
Renovation and upgrading of environmental protection works;
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c)
Application of circular economy and green economy, and reduction of carbon
emissions;
d)
Prevention and reduction of environmental pollution;
dd)
Environmental remediation after environmental emergency;
e) Efficient
use of natural resources, soil resources, energy saving and development of
renewable energy;
g)
Construction of multi-purpose and environmentally-friendly infrastructure;
h)
Efficient management of water and treatment of wastewater;
i)
Climate change adaptation and investment in development of natural capital;
k) Other
investment projects.
3.
Issuers of green bonds must provide information about environmental impact
assessment and environmental licenses of investment projects, and use capital
raised from issuance of green bonds to investors.
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5. The
Government shall elaborate this Article.
Article 151. Environmental protection funds
1.
Vietnam Environment Protection Fund and provincial environment protection funds
are state financial agencies established at the central level, in provinces and
central-affiliated cities to grant concessional loans, receive deposits,
donations, assistance and financial contributions for environmental protection.
The State
encourages enterprises and entities to establish environment protection funds.
2. The
power to establish an environment protection fund:
a) The
Prime Minister shall decide on the establishment, organizational structure and
operation of the Vietnam Environment Protection Fund;
b) A
provincial People’s Committee shall decide on the establishment, organizational
structure and operation of the provincial environment protection fund;
c) An
organization, enterprise or individual shall establish its/his/her own
environment protection fund and operate it as prescribed by law.
3. The
Government shall prescribe operating funding of the Vietnam Environment
Protection Fund and provincial environment protection funds.
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1.
Entities investing in scientific research into, development, application and
transfer of environmental protection technologies are eligible for the
incentives and assistance provided by the State.
2.
Activities related to scientific research into, development, application and
transfer of environmental protection technologies eligible for the incentives
and assistance provided by the State include:
a)
Efficient use of natural resources, energy saving, nature and biodiversity
conservation and environmentally-friendly activities;
b) Reuse,
recycling and treatment of waste and environmental remediation;
c)
Control and reduction of environmental pollution; environmental monitoring and
prediction of environmental changes;
d)
Production of solutions for climate change adaptation.
Section 4. ENVIRONMENTAL EDUCATION AND COMMUNICATION
Article 153. Environmental education and training
1.
Education contents and programs of the National Education System shall be
integrated with knowledge and law relating to environmental protection.
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3. The
Minister of Education and Training shall preside over and cooperate with the
Minister of Natural Resources and Environment in providing for environmental
education contents and programs and development of human resources for
environmental protection.
Article 154. Communication and dissemination of knowledge
and law relating to environmental protection
1. The
communication and dissemination of knowledge and law relating to environmental
protection shall be carried out regularly and widely.
2. The
Ministry of Natural Resources and Environment shall preside over and cooperate
with other Ministries, ministerial agencies, socio-political organizations,
communication agencies and press agencies in communicating and disseminating
knowledge and law relating to environmental protection.
3.
Ministries and ministerial agencies shall preside over and cooperate with the
Ministry of Natural Resources and Environment, communication agencies and press
agencies in communicating and disseminating knowledge and law relating to
environmental protection in the fields under their management.
4.
Provincial People’s Committees shall preside over and cooperate with
communication agencies and press agencies in communicating and disseminating
knowledge and law relating to environmental protection within their provinces.
Chapter XII
INTERNATIONAL INTEGRATION AND COOPERATION
IN ENVIRONMENTAL PROTECTION
Article 155. Principles of international integration and
cooperation in environmental protection
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2.
Priority shall be given to signature of treaties and agreements beneficial for
national, regional and global environmental protection and relevant to
interests and capacity of Vietnam.
3.
International environmental disputes shall be resolved by peaceful means and in
accordance with international practices and laws and laws of relevant parties.
Article 156. Responsibility for international integration
and cooperation in environmental protection
1. The
State shall encourage the proactivity in international integration in
environmental protection and focus on management and protection of environmental
components, biodiversity conservation, green growth, sustainable development
and climate change adaptation; provide adequate resources and fully fulfill the
commitments in treaties and international agreements on environment, follow the
international integration trend and assist in the international economic
integration.
2. The
State shall encourage the investment, international cooperation and assistance
in state management, training of human resources, sharing of environmental information
and data, scientific research into and transfer of advanced technologies,
nature and biodiversity conservation and other environmental protection
activities; respond to environmental emergencies and environmental issues at
national, regional, global and transnational levels.
3.
Entities shall proactively comply with the requirements, conditions and
international standards related to environment internationally recognized and
widely applied to improve the competitiveness in international trade; prevent
and minimize adverse impacts on the environment.
4. The
Ministry of Natural Resources and Environment shall play the leading role in
reviewing activities related to international integration and cooperation in
environmental protection. Ministries, ministerial agencies and provincial
People’s Committees shall organize international integration and cooperation in
environmental protection within their scope of management.
Chapter XIII
RESPONSIBILITIES OF VIETNAMESE FATHERLAND
FRONT, SOCIO-POLITICAL ORGANIZATIONS, SOCIO-POLITICAL-PROFESSIONAL
ORGANIZATIONS, SOCIO-PROFESSIONAL ORGANIZATIONS AND RESIDENTIAL COMMUNITIES FOR
ENVIRONMENTAL PROTECTION
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1. The
Vietnamese Fatherland Front shall, within its jurisdiction, encourage its
member organizations and the people to participate in environmental protection
activities.
2. The
Vietnamese Fatherland Front shall offer consultation and criticism about and
supervise the implementation of policies and law on environmental protection as
prescribed by law. Regulatory bodies at all levels shall enable the Vietnamese
Fatherland Front to participate in environmental protection.
Article 158. Responsibilities and entitlements of
socio-political organizations, socio-political-professional organizations and
socio-professional organizations
1.
Socio-political organizations, socio-political-professional organizations and
socio-professional organizations have the responsibility to:
a) comply
with the law on environmental protection;
b) engage
in environmental protection activities.
2.
Socio-political organizations, socio-political-professional organizations and
socio-professional organizations are entitled to:
a) be provided
with and request information about environmental protection as prescribed by
law;
b)
provide counseling on investment projects related to their functions, tasks and
entitlements;
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d)
participate in inspecting environmental protection by investment projects,
businesses, dedicated areas for production, business operation and service
provision and industrial clusters in relation to their functions, tasks and
entitlements;
dd)
request competent authorities to take actions against violations of law on
environmental protection.
3.
Environmental protection authorities at all levels shall enable socio-political
organizations, socio-political-professional organizations and
socio-professional organizations to exercise the entitlements mentioned in
Clause 2 of this Article.
4. The
Government shall elaborate on Clause 3 of this Article.
Article 159. Entitlements and obligations of residential
communities
1.
Representatives of residential communities in areas under environmental impacts
made by investment projects, businesses, dedicated areas for production,
business operation and service provision and industrial clusters are entitled
to request investment project/business owners to provide information about
environmental protection through face-to-face meetings or in writing; shall
conduct fact-finding visits to collect information about environmental protection
by investment projects, businesses and dedicated areas for production, business
operation and service provision and industrial clusters; collect and provide
information to competent authorities and take responsibility for the
information provided.
2. Representatives
of residential communities in areas under environmental impacts made by
investment projects, businesses, dedicated areas for production, business
operation and service provision and industrial clusters are entitled to request
relevant regulatory bodies to provide results of inspection and handling of
such investment projects, businesses, dedicated areas for production, business
operation and service provision and industrial clusters, except for the case
these results are classified as state secrets or enterprises' secrets as
prescribed by law.
3.
Representatives of residential communities are entitled to participate in
assessing results of environmental protection by investment projects,
businesses, dedicated areas for production, business operation and service
provision and industrial clusters; take measures to protect rights and
interests of residential communities as prescribed by law.
4.
Investment project/business owners shall comply with requests from
representatives of residential communities as prescribed by law.
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Chapter XIV
INSPECTION, AUDITING, PENALTIES FOR
VIOLATIONS, ENVIRONMENTAL DISPUTES, COMPLAINTS AND DENUNCIATIONS
Article 160. Inspection of environmental inspection and
environmental auditing
1.
Responsibility for organizing and directing inspection of environmental protection:
a) The
Minister of Natural Resources and Environment shall organize the inspection of
environmental protection nationwide;
b) The
Minister of National Defense shall organize the inspection of environmental
protection by investment projects and businesses classified as state secrets in
the field of national defense;
c) The
Minister of Public Security shall organize the inspection of environmental
protection by investment projects and businesses classified as state secrets in
the field of security; direct the Environmental Police to inspect the
implementation of the law on environmental protection;
d)
Chairpersons of provincial People’s Committees shall organize the inspection of
environmental protection within their provinces; direct the cooperation in
inspecting environmental protection in the case specified in Point a of this
Clause or at the request of competent authorities;
dd)
Chairpersons of district-level People’s Committees shall organize the
inspection of environmental protection within their districts; direct the
cooperation in inspecting environmental protection in the case specified in
Point d of this Clause or at the request of competent authorities;
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2.
Specialized inspections of environmental protection shall be conducted in
accordance with regulations of law on inspection and specific regulations on
environmental protection. To be specific:
a)
Regular inspections shall be conducted on the basis of functions and tasks of
agencies assigned to conduct specialized inspection;
b)
Surprise inspections shall be conducted as prescribed if any entity is
suspected of violating the law on environmental protection; upon request if it
is necessary to handle complaints or denunciations or prevent and control
corruption or as assigned by the Minister of Natural Resources and Environment
or Chairpersons of provincial People’s Committees. Where necessary, a surprise
inspection shall not be announced in advance;
c) Except
for the surprise inspections prescribed by this Law, the number of inspections
of environmental protection shall not exceed once a year for an organization or
individual;
d) During
the inspection, environmental protection authorities at all levels shall
transfer the violation case to a competent authority for investigation and
penalty imposition as prescribed by law; cooperate with the Environmental
Police to inspect the compliance with the law on environmental protection by
entities upon request.
3.
Inspection of compliance with the law on environmental protection means an
inspection by a competent authority of entities, except for the case where the
inspection is conducted to handle administrative procedures specified in this
Law. To be specific:
a) A
surprise inspection without advance notice shall be carried out if there are
grounds for presuming that an entity is suspected of violating the law on
environmental protection or under decision of the Minister of Natural Resources
and Environment or Chairperson of provincial People’s Committee.
b) The
Environmental Police shall conduct an inspection if an entity is suspected of
conducting an criminal activity or violating the law in relation to
environmental crimes; when there is a crime report or petition for prosecution
or report on a violation against the law in relation to environmental crimes,
and inform an environmental protection authority at the same level for
cooperation; cooperate in inspecting the compliance with the law on
environmental protection in other cases by entities according to the plan
approved by the Minister of Natural Resources and Environment or Chairperson of
the provincial People’s Committee. On an annual basis, send a
notification of results of environmental protection inspection and imposition
of penalties for violations against the law on environmental protection to the
environmental protection authority at the same level.
4. The
inspections of environmental protection shall not overlap and not affect
production, business operation and service provision by entities; require the
cooperation between environmental protection authorities, Environmental Police
and other agencies concerned.
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6. The
Government shall elaborate on Clauses 2, 3 and 4 of this Article.
Article 161. Imposition of penalties for violations
1. Any
entity violating the law on environmental protection resulting in environmental
pollution or degradation or environmental emergency or damage to the State
shall remediate the pollution and environment, provide compensation for damage
and incur penalties in accordance with regulations of this Law and other
relevant regulations of law.
2. Any
head of an agency, cadre, public official, public employee or personnel in
charge of environmental protection that abuses his/her position and powers to
harass organizations and individuals or to screen violators of the law on
environmental protection or that causes environmental pollution or emergency as
a result of his/her negligence shall incur disciplinary penalties,
administrative penalties or criminal prosecution on a case-by-case basis and
compensate for any damage he/she causes.
Article 162. Environmental disputes
1.
Environmental disputes include:
a)
Disputes over rights and responsibilities for environmental protection during
exploitation and use of environmental components;
b)
Disputes over causes of environmental pollution, environmental degradation and
environmental emergencies;
c)
Disputes over responsibilities for environmental remediation and compensation
for environmental damage.
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3. The
time limit for filing an environmental lawsuit begins on the date on which the
organization or individual suffering the damage entitled to request knows or
should know the damage caused by the violation against the law on environmental
protection committed by another organization or individual.
4. An
environmental dispute that takes place within the territory of the Socialist
Republic of Vietnam in which either or both of the parties are foreign
organization(s) or individual(s) shall be settled in accordance with the law of
the Socialist Republic of Vietnam unless otherwise prescribed by the treaty to
which the Socialist Republic of Vietnam is a signatory.
Article 163. Environmental complaints and denunciations
1. Organizations
and individuals are entitled to file complaints about violations against the
law on environmental protection committed by agencies, organizations and
individuals in accordance with law.
2.
Individuals are entitled to denounce violations against the law on
environmental protection to competent authorities and persons as prescribed by
the law on denunciation.
Chapter XV
RESPONSIBILITY FOR STATE MANAGEMENT OF
ENVIRONMENTAL PROTECTION
Article 164. Contents of state management of environmental
protection
1.
Promulgating and organizing the implementation of policies and laws; standards,
technical regulations and technical guidance; strategies, planning and plans;
programs, schemes and projects on environmental protection.
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3.
Controlling sources of pollution; managing waste and environmental quality;
improving and remediating environment; protecting environment at natural
heritage sites, conserving nature and biodiversity; preventing and responding
to environmental emergencies.
4.
Building and managing environmental monitoring systems; organizing
environmental monitoring.
5.
Building and updating environmental information and reporting systems and
database.
6.
Building and operating systems for supervising and assessing activities aimed
at climate change adaptation; systems for measuring, reporting and appraising
reduction of GHG emissions.
7.
Developing GHG inventory; building and updating climate change, sea level rise
and urban inundation scenarios and database; assessing national climate;
providing guidelines for using climate change information and data and
integrating contents of adaptation to climate change with strategies and
planning.
8.
Organizing development of the domestic carbon market; implementation of the
credit exchange mechanisms and fulfillment of international commitments to GHG
emissions reduction.
9.
Carrying out inspections; handling complaints and denunciations; imposing
penalties for violations against the law on environmental protection; assessing
damage and claiming compensation for environmental damage.
10.
Environmental communication and education, increasing awareness of
environmental protection; provide professional training in environmental
protection.
11.
Scientific research into, development, application and transfer of
environmental protection technologies, international integration and
cooperation in environmental protection.
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Article 165. Responsibility of the Government for state
management of environmental protection
1.
Perform uniform state management of environmental protection nationwide;
promulgate or propose the promulgation of legislative documents, mechanisms and
policies on environmental protection.
2. Decide
on policies on environmental protection, improvement and preservation; direct
the remediation of environmental pollution and degradation and improvement of
environmental quality in key areas; control of pollution and response to
environmental emergencies; development of clean energy, sustainable production
and consumption; development of environmental industry and services.
3.
Consolidate environmental protection authorities to satisfy managerial
requirements; assign authorities to perform state management of environmental
protection; provide resources for environmental protection; direct research
into and application of technological and scientific advances; boost
international integration and cooperation in environmental protection.
4. Submit
annual environmental protection reports to the National Assembly.
Article 166. Responsibility of the Ministry of Natural
Resources and Environment for state management of environmental protection
The
Ministry of Natural Resources and Environment shall be responsible to the
Government for performing uniform state management of environmental protection
and has the responsibility to:
1.
Preside over formulating, promulgate, propose the promulgation and organize the
implementation of legislative documents on environmental protection; national
environmental standards and technical regulations; strategies, planning and
plans; programs, schemes and projects on environmental protection;
2. Comment
on EIA contents; organize appraisal of EIARs; issue, replace, adjust, re-issue
and revoke environmental licenses; issue, replace and re-issue environmental
certificates within its power;
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4.
Organize the establishment and management of the national environmental
monitoring network; approve and organize the execution of environmental
monitoring programs; provide information and warnings about environmental
pollution as prescribed by law;
5.
Organize the development of environmental protection contents to be included in
regional planning; provide guidelines for developing environmental protection
contents to be included in provincial planning and special administrative-economic
unit planning;
6.
Organize the statistical reporting, building, maintenance and operation of
environmental information and reporting systems and database as prescribed by
law;
7.
Communicating and disseminating knowledge and law relating to environmental
protection, increase awareness of environmental protection; provide
professional training in environmental protection as prescribed by law;
8.
Propose policies on environmental protection taxes and fees, issuance of green
bonds and other economic instruments to mobilize and use resources for
environmental protection as prescribed by law;
9.
Organize the establishment and operation of the national system for supervising
and assessing activities aimed at climate change adaptation; national system for
measuring, reporting and appraising reduction of GHG emissions;
10.
Organize the development of national GHG inventory; build and update the
national climate change scenario and database; assessing national climate;
provide guidelines for using climate change information and data and
integrating contents of adaptation to climate change with strategies and
planning;
11.
Consolidate proposals for allocation of state budget estimates for
environmental protection activities from Ministries, ministerial agencies and
provincial People’s Committees and provide guidelines for implementing the law
on state budget; provide guidelines for statistically reporting, monitoring and
publishing expenditures on environmental protection;
12.
Request the Government to grant approval for participation in international
organizations and signature of international environmental treaties and
agreements; international integration and cooperation in environmental in the
fields under its management;
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14.
Organize scientific researches into, development, application and transfer of
environmental protection technologies as prescribed by law;
15.
Cooperate with the Vietnamese Fatherland Front and central government
authorities of socio-political organizations in organizing the implementation
of the State’s policies and law on environmental protection and supervising
environmental protection activities;
16.
Perform other environmental protection tasks assigned by the Government and the
Prime Minister.
Article 167. Responsibility of Ministries and ministerial
agencies for state management of environmental protection
1. The
Ministry of National Defense shall organize the implementation of the law on
environmental protection in the field of national defense; form and assign
forces and vehicles in response to environmental emergencies; participate in
transboundary environmental monitoring and offshore water monitoring as
prescribed by law.
2. The Ministry
of Public Security shall organize the implementation of the law on
environmental protection in activities of the People’s Public Security Force;
direct and organize the prevention of crimes and violations against the law in
relation to environmental crimes; maintain security, social order and safety in
the field of environment as prescribed by law; mobilize resources for response
to environmental emergencies as prescribed by law.
3.
Ministries and ministerial agencies shall, within their jurisdiction, cooperate
with the Ministry of Natural Resources and Environment in performing state
management of environmental protection.
4. The
Government shall elaborate on responsibilities of Ministries and ministerial
agencies for performing state management of environmental protection as
prescribed by this Law.
Article 168. Responsibility of People's Committees at all
levels for state management of environmental protection
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a)
Formulate, promulgate or request provincial People's Councils to promulgate and
organize the implementation of legislative documents on environmental
protection; local standards and technical regulations on environment; local
strategies, planning and plans; programs, schemes and projects on environmental
protection; environmental protection contents in provincial planning;
b)
Organize appraisal of EIARs and approve EIAR appraisal results; issue, replace,
adjust and re-issue environmental licenses within their power;
c)
Direct, provide guidance on, inspect and organize the control of sources of
pollution and environmental emergencies prevention and control within their
provinces as prescribed by law; organize the management of waste sources within
their provinces as assigned; be responsible to the Government for environmental
pollution occurring within their provinces;
d)
Organize the monitoring, supervision, warning and management of environmental
quality, and waste management in their provinces within their power and under
the guidance of the Ministry of Natural Resources and Environment;
environmental improvement and remediation; protection of environment at natural
heritage sites, nature and biodiversity conservation;
dd) Invest
in building, managing and operating environmental monitoring networks according
to the comprehensive planning for national environmental monitoring; formulate,
approve and organize the execution of local environmental monitoring programs;
provide information and warnings about environmental pollution as prescribed by
law;
e)
Organize the investigation, statistical reporting and updating of environmental
information and reporting systems and database as prescribed by law;
g)
Communicate and disseminate knowledge and law relating to environmental
protection; increase awareness of environmental protection; provide
professional training in environmental protection as prescribed by law;
h) Carry out
inspections of compliance with the law on environmental protection and
assumption of responsibility for state management of environmental protection;
handle environmental complaints and denunciations; assess damage and claim
compensation for environmental damage; impose penalties for violations against
the law on environmental protection as prescribed by law;
i)
Mobilize and use resources for environmental protection as prescribed by law;
request provincial People’s Councils to providing funding for performance of
environmental protection tasks within the current budget; provide guidelines
for, allocate and inspect the enactment of state budget expenditures for local
environmental protection activities;
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l)
Perform other environmental protection tasks assigned by the Government and the
Prime Minister.
2.
District-level People’s Committees shall, within their jurisdiction, have the
following responsibilities:
a)
Formulate, promulgate or request competent authorities to promulgate
legislative documents on environmental protection, local environmental
protection plans, programs, schemes and projects;
b) Issue,
replace, adjust, re-issue and revoke environmental licenses within their power;
c)
Direct, provide guidance on, inspect and organize the control of sources of
pollution and environmental emergencies prevention and control within their
districts as prescribed by law; organize the management of waste sources within
their provinces as assigned; be responsible to the Government for environmental
pollution occurring within their districts;
d)
Organize the monitoring, supervision, warning and management of environmental
quality, and waste management in their provinces within their power and under
the guidance of the Ministry of Natural Resources and Environment;
environmental improvement and remediation; nature and biodiversity conservation;
dd) Carry
out inspections and impose penalties for violations against the law on
environmental protection within their power or transfer violation cases to
competent persons as prescribed by law; handle environmental complaints,
denunciations and propositions;
e)
Communicate and disseminate knowledge and law relating to environmental
protection; raise public awareness of environmental protection;
g)
Provide environmental information and carry out environmental reporting as
prescribed by law;
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i)
Perform other environmental protection tasks assigned by provincial People’s
Committees.
3.
Communal People’s Committees shall, within their jurisdiction, have the
following responsibilities:
a)
Formulate, promulgate and organize the implementation of legislative documents,
regulations and conventions on environmental hygiene maintenance and
environmental protection; set up and organize the execution of environmental
protection projects and tasks;
b)
Direct, provide guidance on, inspect and organize the control of sources of
pollution; receipt of environmental registration forms; environmental
emergencies prevention and control within their communes as prescribed by law;
organize the management of waste sources within their communes as assigned; be
responsible to district-level People’s Committees for environmental pollution
occurring within their communes;
c)
Organize the monitoring, supervision, warning and management of environmental
quality, and waste management in their communes within their power or as
assigned by district-level People's Committees; environmental improvement and
remediation; nature and biodiversity conservation;
d) Build
and increase public awareness of environmental protection; encourage the people
to participate in maintaining environmental hygiene and protecting the
environment; instruct residential communities within their communes to
incorporate environmental protection contents into village regulations and
conventions and development of new rural areas and courteous families;
dd) Carry
out inspections and impose penalties for violations against the law on
environmental protection within their power or transfer violation cases to
competent persons as prescribed by law; handle environmental complaints,
denunciations and propositions within their power;
e) Mobilize
and use resources for environmental protection as prescribed by law;
g)
Organize the collection of environmental information and carry out
environmental reporting as prescribed by law;
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4.
Responsibility of a local government in a special administrative-economic unit
for environmental protection shall be defined by the National Assembly upon
establishing such special administrative-economic unit, unless otherwise
prescribed by the law on special administrative-economic units.
Chapter XVI
IMPLEMENTATION CLAUSE
Article 169. Amendments to certain Laws relating to
environmental protection
1.
Certain Articles of the Law on Water Resources No. 17/2012/QH13 amended by the
Law No. 08/2017/QH14 and Law No. 35/2018/QH14 are amended as follows:
a)
Article 37 and Point d Clause 1 of Article 38 are annulled;
b) Clause
1 of Article 73 is amended as follows:
“1. The Ministry
of Natural Resources and Environment and provincial People’s Committees shall
issue, extend, adjust, suspend and revoke water resource licenses.
The
issuance of the environmental license covering the discharge of wastewater to
water sources shall comply with the law on environmental protection.”.
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3.
Certain Articles of the Law on Public Investment No. 39/2019/QH14 amended by
the Law No. 64/2020/QH14 are amended as follows:
a) Point
g Clause 2 of Article 30 is amended as follows:
“g)
Preliminary analysis and assessment of social impacts; preliminary assessment
of environmental impacts (if any) as prescribed by the law on environmental
protection;”;
b) Clause
6 of Article 31 is amended as follows:
“6.
Preliminarily analyzing and assessing social impacts; preliminarily assessing environmental
impacts (if any) as prescribed by the law on environmental protection;
preliminarily determining investment efficiency in socio-economic aspects;”.
4.
Certain Points in Section IX - Fees pertaining to natural resources and
environment in the Appendix 01 - List of fees and charges enclosed with the Law
No. Fees and Charges No. 97/2015/QH13 amended by the Law No. 09/2017/QH14 and
Law No. 23/2018/QH14 are annulled and amended as follows:
a) Point
1.4 is amended as follows:
1.4
Fees
for appraisal of environmental impact assessment reports
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*
Provincial People’s Councils with respect to the appraisal conducted by local
agencies.
b) Point 1.6
is added after Point 1.5 as follows:
1.6
Fees
for appraising applications for issuance, re-issuance and adjustment of
environmental licenses
*
Ministry of Finance with respect to the appraisal conducted by central
government agencies;
* Provincial
People’s Councils with respect to the appraisal conducted by local agencies.
c) Points
5.4 and 6.3 and Subsection 9 are annulled.
Article 170. Effect
1. This
Law comes into force from January 01, 2022, except for the case in Clause 2 of
this Article.
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3. The
Law on Environmental Protection No. 55/2014/QH13 amended by the Law No.
35/2018/QH14, Law No. 39/2019/QH14 and Law No. 61/2020/QH14 shall cease to have
effect from the effective date of this Law.
Article 171. Grandfather clauses
1.
Sufficient and valid documents received by competent regulatory bodies to be
processed according to administrative procedures concerning the environment
before the effective date of this Law shall be processed in accordance with the
law at the time of receipt, unless the organization or individual wishes to
apply this Law.
2. The
decisions to approve environmental impact assessment reports, preliminary
environmental impact assessment reports, detailed environmental impact
assessment reports, additional environmental impact assessment reports,
re-prepared environmental impact assessment reports and detailed environmental
protection projects, written confirmations of simple environmental protection
projects, certificates of registration of satisfaction of environmental
standards, environmental protection commitments and environmental protection
plans which were promulgated by competent authorities before the effective date
of this Law are equivalent to the decision to approve EIAR appraisal result
upon considering issuing the environmental license.
3. The
decisions to approve projects on deposit payment, environmental improvement and
remediation; environmental improvement and remediation projects; environmental
improvement and remediation schemes; additional environmental improvement and
remediation schemes which were promulgated by competent authorities before the
effective date of this Law are part of the approval decisions and written
confirmations specified in Clause 2 of this Article with respect to mineral
mining projects upon considering issuing the environmental license.
4.
Environmental certificates and conformations which were promulgated by
competent authorities before the effective date of this Law, except for the
case in Point d Clause 2 Article 42 of this Law, may be used until their
expiry.
5.
Licenses to discharge wastewater into water sources and licenses to discharge
wastewater into hydraulic structures issued in accordance with the Law on Water
Resource and Law on Irrigation may be used until their expiry and constitute
part of the environmental license specified in this Law. Holders of licenses to
discharge wastewater into water sources and licenses to discharge wastewater
into hydraulic structures are entitled to request a competent authority to
issue the environmental license if their works and equipment for exhaust gas
treatment and solid waste treatment have been completed as prescribed by this
Law.
6. The
Government shall elaborate this Article.
This
Law is adopted by the 14th National Assembly of Socialist Republic of Vietnam
on this 17th of November 2020 during its 10th session.
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CHAIRWOMAN OF THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan