|
NATIONAL ASSEMBLY OF VIETNAM
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
Law No. 146/2025/QH15
|
Hanoi, December 11, 2025
|
LAW
AMENDMENTS TO CERTAIN ARTICLES OF
THE OF 15 LAWS IN AGRICULTURE AND ENVIRONMENT
Pursuant to the Constitution of the Socialist Republic of Vietnam, as
amended and supplemented by Resolution No. 203/2025/QH15;
The National Assembly of Vietnam promulgates the Law amending and
supplementing a number of articles of 15 laws in agriculture and environment,
including the Law on Environmental Protection No. 72/2020/QH14, amended and supplemented by
Law No. 11/2022/QH15, Law No. 16/2023/QH15, Law No. 18/2023/QH15, Law
No. 47/2024/QH15 and Law No. 54/2024/QH15; Law
on Plant Protection and Quarantine No. 41/2013/QH13, amended and
supplemented by Law No. 35/2018/QH14; Law on Livestock No. 32/2018/QH14; Law on
Biodiversity No. 20/2008/QH12, amended and supplemented by Law No.
35/2018/QH14; Law on Dikes No. 79/2006/QH11, amended and supplemented by
Law No. 15/2008/QH12, Law No. 35/2018/QH14, Law No. 60/2020/QH14, Law No.
18/2023/QH15, Law No. 47/2024/QH15 and Law No. 84/2025/QH15; Law on Topographic
and Cartographic No. 27/2018/QH14, amended and supplemented by Law No.
84/2025/QH15; Law on hydrometeorology No. 90/2015/QH13, amended and
supplemented by Law No. 35/2018/QH14 and Law No. 64/2020/QH14; Law on
Forestry No. 16/2017/QH14, amended and supplemented by Law No. 16/2023/QH15 and
Law No. 31/2024/QH15; Law on Natural Disaster Management No. 33/2013/QH13,
amended and supplemented by Law No. 60/2020/QH14, Law No. 18/2023/QH15, Law No.
47/2024/QH15 and Law No. 55/2024/QH15; Law on Water Resources No.
28/2023/QH15, amended and supplemented by Law No. 84/2025/QH15 and Law No.
116/2025/QH15; Law on natural resources and environment of sea and island No.
82/2015/QH13, amended and supplemented by Law No. 35/2018/QH14, Law No.
18/2023/QH15 and Law No. 61/2024/QH15; Law
on Irrigation No. 08/2017/QH14, amended and supplemented by Law No.
35/2018/QH14, Law No. 59/2020/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15,
Law No. 28/2023/QH15 and Law No. 54/2024/QH15; Law on Fisheries No.
18/2017/QH14, amended and supplemented by Law No. 31/2024/QH15 and Law No.
43/2024/QH15; Law on Crop Production No. 31/2018/QH14.
Article 1. Amendments to certain Articles of the Law on Environmental
Protection
1. Clause 37 of Article 3 is amended as follows
“37.
Concentrated production, business, and service areas include industrial
zones, processing zones, centralized digital technology zones, high-tech zones,
and industrial production functional areas of economic zones.”
2. Clause 3 of Article 19 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Investigate, evaluate, identify, and zone areas at risk of soil environmental
pollution, areas of soil environmental pollution within their provinces, and
determine the responsibilities of organizations and individuals causing
pollution;
b)
Take remedial measures for areas with soil environmental pollution in cases specified
in Clause 3 Article 15 of this Law;
c)
Disclose information on areas of soil environmental pollution within their provinces; updating the
environmental information system and database as required.”.
3. Point c Clause 1 of Article 28 is amended as follows:
"c)
Environmental sensitive factors including high density residential areas; water
source used for domestic water supply purposes; natural conservation areas,
important wetlands stipulated in laws on biodiversity and fisheries; forest
types stipulated in forestry laws; other tangible cultural heritage, natural
heritage; relocation and resettlement requirements and other environmental
sensitive factors.”.
4. Clause 2 of Article 30 is amended as follows:
“2.
Projects specified in Clause 1 of this Article are not subject to environmental
impact assessments (EIA) in the following cases:
a)
Urgent public investment projects as stipulated in laws on public investment;
b)
Investment projects not subject to EIAs as stipulated in laws, resolutions of
the National Assembly of Vietnam.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 31. Conducting EIAs
1.
The project owner shall organize EIAs. The EIA shall be conducted
simultaneously with the preparation of feasibility study reports or equivalents
for the investment project, component project, or investment phase of the
project. The EIA result shall be made into an environmental impact assessment
report (EIAR).
2. Each investment project shall have its EIAR prepared. The Government of Vietnam shall
elaborate the implementation of EIAs for component projects or investment
phases of the project determined by competent authorities.”.
6. Article 34 is amended as follows:
“Article 34. Appraisal of EIARs
1.
The EIAR shall be appraised and approved by the competent authority/person. The
competent authority/person appraising the EIAR is the authority/person that has
authority to approve the results of EIA.
2.
For construction investment projects that are subject to appraisal of
feasibility study reports by competent construction authorities or appraisal
councils as prescribed by construction laws, the project owner may submit
simultaneously the application for EIAR appraisal and the application for
appraisal of feasibility study report. The submission time shall be decided by
the project owner, provided the decision on EIAR approval is issued before
approving the project and investment decision for project construction.
3. The Minister of Agriculture and Environment shall specify
applications, time limit, content, and organization of appraisal and approval
of results of appraising EIAR.”.
7. Article 35 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
Except for the case specified in Clause 2 of this Article, the Ministry of
Agriculture and Environment shall organize the appraisal of EIARs for Group I
investment projects as prescribed in Clause 3 Article 28 of this Law; Group II
investment projects as prescribed in points c, d, dd, and e Clause 4 Article 28
of this Law, which are located in two or more provincial-level administrative
divisions or in sea areas where administrative management responsibility of
provincial People’s Committees has not been determined; provided they fall
under one of the following cases:
a)
Investment projects whose guidelines are decided/approved by the National
Assembly or the Prime Minister, except for those located in two or more
provincial-level administrative divisions where competent authorities assign
one provincial-level People’s Committee as the competent authority in
accordance with regulations on public-private partnership (PPP) investments, or
where one Chairperson of provincial-level People’s Committee is assigned to
make investment decisions in accordance with regulations on public investment,
or those that have been divided into component projects implemented in only one
provincial-level administrative division;
b)
Investment projects that fall under the authority of the Ministry of
Agriculture and Environment to issue licenses for mineral extraction, water
resource utilization, ocean dumping, and decisions on sea area allocation;
c)
Investment projects for infrastructure construction and operation in
concentrated production, business, and service areas;
d)
Investment projects using large-scale land or water surface areas, excluding
hydropower projects, transportation infrastructure projects, power transmission
lines or telecommunications infrastructure projects, or projects solely for
agricultural plantations such as annual crops, perennial crops, or agricultural
seedling production and care;
dd)
Investment projects in concentrated production, business, and service areas or
industrial clusters established in accordance with the law and falling under
any of the following cases: projects providing hazardous waste treatment
services; projects using imported scraps as raw materials for production; new
investment projects or expansion projects of existing facilities exempted from
connection to wastewater systems as prescribed by law, with discharge volumes
requiring periodic monitoring or higher.
e)
Investment projects located outside concentrated production, business, and
service areas or industrial clusters, which are classified as production,
business, or services with high potential environmental pollution risks and
large production capacities, excluding livestock rising or slaughterhouse
businesses.
2.
The Ministry of National Defense and the Ministry of Public Security shall
organize the appraisal of EIARs for investment projects classified as state
secrets in national defense and security, following the procedures prescribed
by the Minister of National Defense and the Minister of Public Security.
3.
The Chairpersons of provincial-level People’s Committees shall organize the appraisal
of EIARs for investment projects within their provinces, except for the
investment projects in Clause 1 and Clause 2 of this Article. Ministries and
ministerial agencies shall cooperate with Chairpersons of provincial-level
People’s Committees in appraising EIARs for investment projects subject to
investment guideline and decision by such provincial-level People’s Committees.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
8.
Some points of Clause 1 of Article 36 are amended as follows:
a)
Point b is amended as follows:
“b)
Approve field development plan for oil and gas extraction projects;”;
b)
Point d is amended as follows:
“d)
Approve projects, investment decisions for construction
projects;”;
9.
Some Clauses of Article 39 are amended as follows:
a)
Clause 1 is amended as follows:
“1.
Group I, II and III projects that fall under any of the following cases:
a)
Projects discharging wastewater, dusts and exhaust gases into the environment
that must be treated before officially being put into operation in accordance
with the Government's regulations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Clause 3 is amended as follows:
“3.
Projects specified in Clause 1 of this Article are exempt from the
environmental license in the following cases:
a)
Urgent public investment projects as stipulated in laws on public investment;
b)
Investment projects not subject to environmental license as stipulated in laws,
resolutions of the National Assembly of Vietnam.”.
10.
Some points of Clause 3 of Article 40 are amended as follows:
a)
Point a is amended as follows:
“a)
There should be appropriate works and measures for collecting and treating
wastewater, dust, and emissions and reducing noise and vibration;”;
b)
Point d is amended as follows:
“d)
There should be programs for environmental management and supervision, plans to
manage and response to environmental incidents; works and facilities for
managing and responding to environmental incidents, and environmental
monitoring;”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 41. Authority to issue environmental licenses
1.
The Ministry of Agriculture and Environment shall issue environmental licenses,
except as stipulated in Clause 2 of this Article:
a)
Projects specified in Article 39 hereof for which the EIAR appraisal result has
been approved by the Ministry of Natural Resources and Environment in
accordance with article 35 of this Law, except where the EIAR has been approved
by the Ministry of Agriculture and Rural Development in accordance with the law
before January 1, 2022;
b)
Facilities using imported scraps as raw materials for production; or facilities
providing hazardous waste treatment services.
2.
The Ministry of National Defense and the Ministry of Public Security shall
issue environmental licenses for investment projects classified as state
secrets in national defense and security, following the procedures prescribed
by the Minister of National Defense and the Minister of Public Security.
3.
Chairpersons of provincial-level People’s Committees shall issue environmental
licenses to entities specified in Article 39 of this Law, except for cases
stipulated in Clauses 1 and 2 of this Article.
4. The Government shall specify the authority of Chairpersons
of provincial-level People’s Committees to issue environmental licenses for
investment projects and facilities located in two or more provincial-level
administrative divisions or in sea areas where administrative management
responsibility of provincial People’s Committees has not been determined and
the cooperation mechanisms with relevant administrative divisions.”.
12.
Some points and Clauses of Article 42 are amended as follows:
a)
Point a Clause 1 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Clause 5 is amended as follows:
“5.
In case of changes to the name of the investment project, facility,
concentrated production, business, and service area or industrial cluster;
changes to the project owner or facility; or other changes that do not fall
under the cases of adjustment or re-issuance of environmental licenses, the
owner of such project/facility shall continue to comply with the environmental
license and notify in periodic environmental protection report of the
investment project/facility.”.
13. Article 43 is amended as follows:
“Article 43. Appraisal for issuance of environmental licenses
1.
Environmental licenses shall be issued based on the appraisal of environmental
license application report.
2.
Investment projects, facilities, concentrated production, business, and service
areas or industrial clusters subject to environmental license requirements that
conduct radiation work must comply not only with the provisions of this Law but
also with the provisions of the law on atomic.
3. The Minister of Agriculture and Environment shall specify
applications, time limit, content, and organization of appraisal for issuance
of environmental licenses.”.
14.
Some Clauses of Article 49 are amended as follows:
a)
Clause 2 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Investment projects and facilities classified as state secrets in national
defense and security;
b)
Investment projects when put into operation, businesses, or services that do
not that do not generate waste or only generate a small quantity of waste which
is treated using in on-site treatment facilities or managed according
regulations of local authorities;
c)
Investment projects not subject to environmental license application as
stipulated in laws, resolutions of the National Assembly of Vietnam.”.
d)
Others.”.
b)
Clause 8 is amended as follows:
“8.
The Government shall elaborate points b and d Clause 2 of this Article.“.
15. Some points and Clauses of Article 51 are amended as
follows:
a)
Point a Clause 1 is amended as follows:
“a)
A rainwater collection and drainage system; centralized wastewater collection,
drainage and treatment system ensuring that treated wastewater meets
environmental protection requirements. Concentrated production, business, and
service areas may share a common centralized wastewater treatment system;”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“4a.
Concentrated production, business, and service areas that have put into
operations before January 1, 2022 and do not have a centralized wastewater
treatment system as stipulated in Clause 1 of this Article; and investment
projects and secondary facilities operating within those concentrated
production, business, and service areas that have wastewater treatment systems
meeting environmental protection requirements, are exempt from the requirement
to have a centralized wastewater treatment system as decided by the
provincial-level People's Committee. Investment projects in concentrated
production, business, and service areas stipulated in this Clause must have a
wastewater collection, drainage, and treatment system that meets environmental
protection requirements as stipulated.”.
16.
Some points and Clauses of Article 52 are amended as follows:
a)
Clause 1 is amended as follows:
“1.
Industrial clusters must have environmental protection infrastructure as
prescribed in Clause 1, Article 51 of this Law, except in special cases as
prescribed by the Government.”;
b)
Point a Clause 2 is amended as follows:
“a)
Complete the environmental protection infrastructure works as prescribed in
Clause 1 Article 51 of this Law according to the plan and roadmap decided by
the Provincial People's Committee;”;
c)
Point c Clause 3 is amended as follows:
“c)
New projects, projects to expand scale, or projects to upgrade capacity that
generate wastewater may only be accepted if the project owner commits to
connecting the wastewater to the industrial cluster's centralized wastewater
collection, drainage, and treatment system and the centralized wastewater
treatment system capable of receiving wastewater upon operation;”;
d)
Point b Clause 6 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd)
Point d is added after point c Clause 6 as follows:
“d)
Invest in construction, management, and operation of environmental protection
infrastructure in industrial clusters in cases where there is no investor to
build and operate the industrial cluster infrastructure.”.
17. Point b Clause 6 of Article 56 is amended as follows:
“b)
Propose the Provincial-level People's Council to allocate budget for
environmental protection activities in craft villages;”.
18. Clause 2 of Article 58 is amended as follows:
“2.
Responsibility for rural environmental protection:
a)
Commune-level People’s Committees shall manage production, business, and
service activities to ensure compliance with environmental protection regulations
according to the approved planning; organize the statistics and manage the
sorting, collection, transport, and treatment of solid waste generated from
agricultural, handicraft, and domestic activities within their communes in
accordance with waste management regulations; invest in and upgrade drainage
and wastewater treatment systems as prescribed by law organize the monitoring
and assessment of changes in environmental quality; identify, treat, renovate,
restore, and improve environmental quality at polluted sites and areas in rural
areas; organize activities to maintain hygiene and improve the rural landscape;
specify regulations on self-managed environmental protection in rural areas;
b)
Provincial-level People’s Committees shall direct and provide 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;
b)
The Ministry of Natural Resources and Environment shall provide guidance on
implementing requirements and criteria for rural environmental protection,
appropriate waste collection and treatment measures, monitoring environmental
quality changes, remediation of pollution, and improvement and restoration of
rural environmental quality; guidance on the collection and treatment of
livestock waste and agricultural by-products for reuse for other purposes; and
formulate and organize the implementation of programs, schemes, projects,
mechanisms, and policies for rural development associated with environmental
protection and climate change adaptation;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
19. b) Clause 4 is added after Clause 3 Article 59 as follows:
“4.
Provincial-level People's Committees shall organize and manage public
sanitation; specify economic and technical norms for public sanitation; and set
prices for public sanitation services in their provinces in accordance with the
law on pricing.”.
20. Clause 7 of Article 61 is amended as follows:
“7.
Provincial-level People's Committees shall direct and organize the management
of sludge dredged from channels and hydraulic structures under their management
to meet environmental protection requirements.”.
21.
Some Clauses of Article 71 are amended as follows:
a)
Clause 1 is amended as follows:
“1.
Scrap imported into Vietnam must meet the following requirements:
a)
Comply with national technical regulations on environment for scrap imported
into Vietnam as production materials;
b)
Be included in the List of scrap permitted for import as production materials
promulgated by the Prime Minister;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Clause 3 is amended as follows:
“3.
The Government shall elaborate this Article.”.
22. Clause 7 of Article 72 is amended as follows:
“7.
Provincial People’s Committees shall manage waste within their provinces;
promulgate waste management regulations and propose them to the Provincial
People's Councils for promulgating incentives and support for waste management
in accordance with the law.”.
23. Clause 2 of Article 75 is amended as follows:
“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 Agriculture and Environment; propose the Provincial People's
Council to decide on the policy to encourage the hazardous waste sorting within
domestic solid waste generated from households and individuals.”.
24.
Some Clauses of Article 79 are amended as follows:
a)
Clause 5 is amended as follows:
“5.
The Minister of Agriculture and Environment shall provide technical guidance on
classification of domestic solid waste; and guidance on the implementation of
the provisions of Clause 1 of this Article.".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“7.
The province-level People's Committee shall decide on the roadmap for
implementation of Clause 1 of this Article and Clause 1 Article 75 of this Law
in accordance with actual conditions of the province; specify economic and
technical norms for domestic solid waste collection, transportation, and
treatment in the province.”.
25. Point c Clause 5 of Article 81 is amended as follows:
“c)
Vehicles transporting normal industrial solid waste for treatment shall operate
on routes and at times as prescribed by the province-level People's Committee.”.
26. Clause 3 of Article 83 is amended as follows:
“3.
Hazardous waste must be contained and transported by appropriate equipment and
vehicles to waste treatment facilities. Vehicles transporting hazardous waste
for treatment shall operate on routes and at times as prescribed by the
province-level People's Committee.”.
27. Clause 3 and Clause 4 of Article 84 are amended as follows:
“3.
Investment projects and facilities providing hazardous waste treatment services
shall meet the following requirements:
a)
Comply with environmental protection planning or planning containing hazardous
waste treatment content, except for hazardous waste co-processing facilities or
certain types of hazardous waste recycling prescribed by the Government;
b)
Ensure environmental safety distances as prescribed;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
Pay deposits on environmental protection as prescribed
in Article 137 of this Law if the waste landfill is carried out.
4.
The Minister of Agriculture and Environment shall issue criteria for hazardous
waste treatment technologies.”
28. Point c and point d Clause 5 of Article 86 are amended as
follows:
“c)
Request the provincial People’s Committee to promulgate roadmaps and support
policies for organizations and households in urban areas and high density
residential areas to construct works and install on-site wastewater treatment
equipment that meet environmental protection requirements before discharging
into receiving sources; in case of failure to allocate land funds for
concentrated wastewater collection and treatment systems in urban areas or high
density residential areas established before January 1, 2022;
d)
Submit to the provincial People’s Committee for promulgation of implementation
roadmaps and support policies for on-site collection and treatment of domestic
wastewater generated from organizations and households in low density
residential areas.”.
29.
Some points and Clauses of Article 90 are amended as follows:
a)
Point b Clause 3 is amended as follows:
“b)
Request the Prime Minister to promulgate the National Climate Change Adaptation
Plan and perform periodic reviews and updates every 05 years; the national
supervision and assessment system for climate change adaptation; criteria for
identifying investment projects and climate change adaptation tasks under the
approval authority of the Prime Minister;”;
b)
Clause 5 is added after Clause 4 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
30. Point a Clause 1 of Article 111 is amended as follows:
“a)
Concentrated areas for production, business operation and service provision and
industrial clusters that discharge at least a medium volume of wastewater into
the environment;”
31. Clause 2 of Article 125 is amended as follows:
“2.
The commune-level civil defense steering committee shall cooperate with the
People’s Committee of the commune where the incident occurs to verify and
promptly organize response, and report to the Provincial People’s Committee to
disclose the environmental emergency or report to the competent authority to
organize the response as prescribed in Clause 1 Article 123 of this Law.”.
32.
Some Clauses of Article 127 are amended as follows:
a)
Clause 2 is amended as follows:
“2.
Specialized agencies affiliated to the People’s Committees of provinces and
communes, according to their assigned functions and duties, shall advise the
People’s Committees and civil defense steering committees at the same level on
formulating and issuing environmental emergency response plans; and provide
guidelines on preparation and organization of responses within their provinces
and communes.”.
b)
Clause 4 is amended as follows:
“4.
Environmental protection specialized agencies of provinces and communes shall
advise the People’s Committees at the same level on performing environmental restoration
after an environmental emergency within their provinces and communes.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1.
The Vietnam Environmental Protection Fund and provincial-level environmental
protection funds are off-budget state financial funds, established at the
central and provincial/centrally-affiliated cities level to provide
preferential loans, receive deposits, grants, support, and financial
contributions for investment in environmental protection.
The
State encourages enterprises, organizations, and individuals to establish
environmental protection funds.”.
34. Article 160 is amended as follows:
“Article 160. Specialized environmental inspection, environmental
inspection and environmental auditing
1.
Responsibility for directing and organizing specialized environmental
inspection, environmental inspection:
a)
The Minister of Agriculture and Environment shall direct and organize
specialized environmental inspection
b)
The Minister of National Defense shall direct and organize inspections
regarding environmental protection for investment projects and facilities
classified as state secrets related to national defense;
c)
The Minister of Public Security shall direct and organize environmental
inspections for investment projects and facilities classified as state secrets
regarding security; and direct the environmental crime prevention and control
police to conduct environmental inspections in accordance with the law;
d)
The Chairperson of the provincial People’s Committee shall organize specialized
environmental inspections within the province; and direct the cooperation in
specialized environmental inspections for cases specified in point a of this
Clause of this Article or at the request of competent authorities;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
The authority, organization, and activities of environmental inspection shall
follow the law on inspection, except for ad hoc inspections which may be
conducted without prior notice when necessary.
3.
Specialized environmental inspections shall comply with law on inspection and
the following specific provisions:
a)
Ad hoc inspection without prior notice by the state environmental management
agencies shall be conducted 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 Agriculture and Environment or the Chairperson of provincial
People’s Committee, except for inspections conducted to resolve administrative
procedures under this Law;
b)
During inspection, if an evaluation of professional or technical content is
deemed necessary for conclusion, the head of the specialized inspectorate shall
request the decision-maker to solicit a functional organization to perform
appraisal, verification, monitoring, measurement, and analysis of environmental
samples;
c)
The environmental crime prevention and control police forces shall conduct an
inspection if an entity is suspected of conducting a criminal activity or
violating the law in relation to environmental crimes; upon receiving
denunciations, reports of crimes, petitions for prosecution, or information
regarding violations against environmental protection laws, and inform the
state environmental management agency of the same level for cooperation;
cooperate in specialized environmental inspections in other cases for
organizations and individuals as per plans approved by the Minister of
Agriculture and Environment or the Chairperson of the Provincial People’s
Committee. On an annual basis, a written notice of notification of results of
environmental protection inspection and imposition of penalties for violations
against the law on environmental protection shall be sent to the state
environmental management authority of the same level for consolidation and
monitoring.
4.
Specialized environmental inspections and environmental inspections 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.
5.
The State Audit Office of Vietnam shall carry out environmental auditing in
accordance with the Law on State Audit Office of Vietnam and other relevant
regulations of law
6. The Government shall elaborate on Clauses 2 and 3 of this
Article.”.
35. Clause 3 of Article 168 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Formulate, promulgate or request the competent authority to promulgate
legislative documents, plans, programs, schemes, and projects on environmental
protection within their communes;
b)
Direct, provide guidance on, inspect, and organize the control of sources of
pollution; prevent and respond to environmental emergencies within their
communes as prescribed by law; organize the management of waste sources within
the commune as assigned; be responsible to provincial People’s Committees
for environmental pollution occurring within their communes;
c)
Receive environmental registrations; organize the monitoring, supervision,
warning, and management of environmental quality and waste management within
their commune or as assigned by the provincial People’s Committee; perform
environmental renovation and restoration; and conserve nature and biodiversity;
d)
Inspect and handle violations against environmental protection law within their
authority or transfer cases to competent persons for handling in accordance
with the law; and resolve complaints, denunciations, and petitions regarding
environmental protection;
dd)
Communicate and disseminate knowledge and laws on environmental protection;
educate and raise awareness and consciousness of environmental protection in
the community; and guide local residential communities to include environmental
protection content in village codes and conventions and development of new
rural areas and courteous families;
e)
Organize the collection of environmental information and environmental reports
as prescribed by law;
g)
Mobilize and utilize resources for environmental protection tasks in accordance
with the law; request the People’s Council of the same level or competent
authorities for the allocation of funds to perform environmental protection
tasks in accordance with the law on the state budget;
h)
Perform other environmental protection tasks assigned by the provincial
People’s Committee.”.
36. The following clauses, points, and phrases are hereby
annulled:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Remove the phrase "replacement" from the title of Article 44; annul
clause 1 of Article 48, clause 2 of Article 164, clause 2 of Article 166, point
b clause 1 of Article 168;
c)
Remove the phrase “inspection” from Clause 13 Article 166.
37.
The following phrases are hereby replaced:
a)
Replace the phrase “provincial People's Committee and district-level People's
Committee” with the phrase “Provincial People's Committee” in Clause 3 Article
45;
b)
Replace the phrase “district-level People's Committee, commune-level People's
Committee” with the phrase “commune-level People's Committee” in points a and b
Clause 2 Article 36; point a Clause 6 Article 52;
c)
Replace the phrase “district level, commune level” with the phrase “commune
level” in point c Clause 2 Article 122;
d)
Replace the phrase “district level” with the phrase “province level” in points
a and b Clause 2 Article 131;
dd)
Replace the phrase “district level” with the phrase “commune level” in Point l,
Clause 3, Article 52; Clause 5, Article 52; Clause 5, Article 56; Point a,
Clause 1, Article 118; Points b and c, Clause 1, Article 123; Clause 2, Points
b and c, Clause 4 and Point b, Clause 7, Article 124; Clause 1, Points a and b,
Clause 4, Article 125; Clause 2, Article 126;
e)
Replace the phrase “Ministry of Natural Resources and Environment” with the
phrase “Ministry of Agriculture and Environment” in Clauses 2 and 3 of Article
8; Clause 7 of Article 10; Clause 2 of Article 14; Clause 1 of Article 19;
Clause 4 of Article 22; Clause 3 of Article 23; Clause 2 of Article 24; Clause
5 of Article 26; Clause 3 of Article 27; Clause 2 of Article 32; Clause 2 of
Article 36; Clause 5 of Article 40; Clause 9 of Article 49; Clause 5 of Article
53; Clause 3 of Article 54; Clause 4 of Article 62; Clause 8 of Article 67;
Clause 2 of Article 69; Clause 6 of Article 72; Clause 4 of Article 74; Clause
2 of Article 76; Clause 4 of Article 77; Clause 5 of Article 78; Clause 4 of
Article 80; Clause 4 of Article 81; Clause 5 of Article 83; Clause 6 of Article
86; Clauses 3 and 4 of Article 90; Clauses 4, 5, 6, and 7 of Article 91;
Clauses 3 and 6 of Article 92; Clauses 2 and 3 of Article 94; Clauses 2 and 3
of Article 95; Clauses 1 and 2 of Article 96; Clauses 2 and 3 of Article 102;
Clause 2 of Article 104; Clause 3 of Article 105; Clauses 1 and 6 of Article
109; Point b of Clause 5 and Clause 8 of Article 111; Point b of Clause 5 and
Clause 8 of Article 112; Clause 1 of Article 113; Clauses 2 and 3 of Article
114; Clauses 1 and 2 of Article 115; Point b of Clause 2 of Article 116;
Clauses 3 and 4 of Article 117; Clauses 1 and 5 of Article 118; Clause 5 of
Article 119; Clauses 2, 4, and 5 of Article 120; Point c of Clause 2 and Clause
7 of Article 126; Clause 3 of Article 127; Point d of Clause 2 of Article 131;
Clause 3 of Article 136; Clauses 8, 9, and 10 of Article 139; Clause 6 of
Article 148; Clause 3 of Article 153; Clauses 2 and 3 of Article 154; Clause 4
of Article 156; Article 166; Clause 3 of Article 167; Point d of Clause 1 of
Article 168; and Clause 1 of Article 169;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
h) Replace the phrase "Ministry of Transport"
with the phrase "Ministry of Construction" in Clause 8 Article 65 and
Point b Clause 2 Article 102;
a)
Replace the phrase “National Environmental Protection Planning” with the phrase
“Environmental Protection Planning” in Clause 4 Article 3; Clause 1 Article 9;
Clause 1 Article 13; Clause 2 Article 21; Clause 1 Article 22; Article 23;
point d Clause 2 Article 27; point a Clause 3 Article 29; point b Clause 1
Article 32; points c and e Clause 1 Article 42;
k)
Replace the phrase “Chairperson of the National Committee for Incident and
Disaster Response and Search and Rescue” with the phrase “Head of the National
Steering Committee for Civil Defense” at point d Clause 4 Article 125.
Article 2. Amendments to certain Articles of the Law on Plant Protection
and Quarantine
1. Article 9 is amended as follows:
“Article 9. System of specialized plant protection and quarantine
agencies
1.
The system of specialized plant protection and quarantine agencies is organized
from the central to the provincial level
2.
At the commune level, personnel shall be assigned to perform plant protection
and quarantine tasks within the commune.”.
2. Clause 5 of Article 13 is amended; Clause 5a is added after
Clause 5 of Article 13 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5a. Bring soil into Vietnam, except for the import of plants
with root balls as prescribed by the Government for scientific research
purposes.”.
3. Clause 2 of Article 59 is amended as follows:
“2.
The Government shall elaborate conditions, procedures, and authority for
granting accreditation for organizations eligible to conduct pesticide
testing.”.
4. Clause 3 of Article 61 is amended as follows:
“3.
The Government shall elaborate conditions, procedures, and authority for
issuance, re-issuance, and revocation of the Certificate of Eligibility for
Pesticide Production.”.
5. Clause 2 of Article 63 is amended as follows:
“2.
The Government shall elaborate conditions, procedures, and authority for issuance,
re-issuance, and revocation of the Certificate of Eligibility for Pesticide
Trading.”.
6. Clause 5 of Article 67 is amended as follows:
“5.
The Chairperson of the Provincial People’s Committee shall have the authority
to grant pesticide import permits.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
7. Clause 3 of Article 75 is amended as follows:
“3.
The Minister of Agriculture and Environment shall specify the collection and
treatment of used pesticide packaging.”.
8. The following Articles, clauses, points, and phrases are
hereby annulled:
a)
Annul Article 20; Point d, Clause 1, Clause 2 Article 23; Points b and c,
Clause 1 Article 28; Point c, Clause 1 Article 37; Points b and d, Clause 1
Article 38; Points d and e, Clause 2 Article 39; Point b, Clause 1 Article 51;
Point c, Clause 2 Article 52; Point a, Clause 1, Point a, Clause 3 Article 53;
Points c and d, Clause 1 Article 61; Article 65; Clause 2 Article 66; Point b,
Clause 4 Article 67; Clause 4 Article 75;
b)
Remove the phrase "Inspection," in point m Clause 2 Article 7; remove
the phrase "preside over and cooperate with Ministry of Agriculture
and Rural Development” in point d Clause 3 Article 7;
c)
Remove the phrase “People's Committee of districts, district-level towns, and
provincial cities
(hereinafter referred to as " district-level
People’s Committee") at the opening paragraph of Clause 1 Article 8;
d)
Remove the phrase "at district level," from the opening of Clause 3
Article 18;
dd)
Remove the phrase “good health is obligatory as stipulated by laws;” in point a
Clause 2 Article 37; remove the phrase “and issuance of the practicing
certificate; good health is obligatory as stipulated by laws” in point b Clause
2 Article 37;
e)
Remove the phrase “, Health certificate” at point d Clause 1 Article 38; remove
the phrase “, except in cases of loss” at point b Clause 2 Article 39, point c
Clause 2 Article 53, point b Clause 2 Article 57;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
h)
Remove the phrase “lost”, “damaged” at point a Clause 1 Article 39, Clause 1
Article 57;
i)
Remove the phrase “owner of drug business establishment and” at point c Clause
1 Article 63; remove the phrase “for holder of practicing card of plant
quarantine article treatment or” at point e Clause 2 of Article 64.
9. The following phrases are hereby replaced:
a)
Replace the phrase “district” with the phrase “commune” at point dd Clause 1
Article 8; replace the phrase “commune-level town” with the phrase “special
zone” at Clause 2 Article 8;
b)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Government” in Clause 3 Article 37;
c)
Replace the phrase “06 months” with the phrase “04 months” at point b Clause 2
Article 51; replace the phrase “15 days” with the phrase “10 days” at the point
b Clause 3 Article 52;
d)
Replace the phrase “30 days” with the phrase “27 days" at point b Clause 2
Article 56;
dd)
Replace the phrase “10 days” with the phrase “05 days" at point b Clause 3
Article 57;
e)
Replace the phrases “Ministry of Agriculture and Rural Development” and
“Ministry of Natural Resources and Environment” with the phrase “Ministry of
Agriculture and Environment” at point a, clause 3, Article 6; clauses 2 and 3,
Article 7; clause 2, Article 17; clause 1, points e and g, clause 2, Article
18; clauses 1 and 2, Article 25; clause 4, Article 27; clauses 2 and 3, Article
29; clause 4, Article 30; clause 3, Article 33; clause 5, Article 34; clause 6,
Article 43; clause 2, Article 46; clause 2, Article 48; clause 3, Article 49;
point b, clause 2, Article 51; clause 3, Article 55; point c, clause 1, Article
58; point d, clause 2, Article 67; clause 5, Article 69; clause 3, Article 71;
point d, clause 2, Article 72; clause 3, Article 73;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 3. Amendments to certain Articles of the Law on Animal Husbandry
1. Clause 4 of Article 11 is amended as follows:
“4.
The Minister of Agriculture and Environment shall stipulate the update,
use and management of the national database on animal husbandry, stipulate the identification
numbers for livestock production establishments and the traceability of
livestock products.”.
2. Clause 4 of Article 14 is amended as follows:
“4.
The Ministry of Agriculture and Environment shall lead and cooperate with the Ministry
of Science and Technology and relevant Ministries and ministerial-level
authorities to submit to the Government regulations on the collection,
conservation, exploitation, and development of livestock genetic resources
under the management of the agriculture and environment.”.
3.
Some Clauses of Article 15 are amended as follows:
a)
Clause 2 is amended as follows:
“2.
The international exchange of livestock genetic resources listed in the List of
livestock breeds prohibited from export for scientific research, exhibition, or
advertisement purposes must be approved by the Minister of Agriculture and
Environment.
The
exchange of rare and precious Vietnamese livestock genetic resources to the
third party shall be approved by the Minister of Agriculture and Environment.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“6.
The Minister of Agriculture and Environment shall stipulate the procedures for
approving the international exchange of livestock genetic resources listed in
the List of livestock breeds prohibited from export for scientific research,
exhibition, or advertisement purposes; procedures and approval for exchange of
rare and precious Vietnamese livestock genetic resources to the third party.”.
4. Clause 4 of Article 20 is amended as follows:
“4.
The Minister of Agriculture and Environment shall stipulate the procedures for
importing breeding male breeders, sperms and embryos of cattle.”.
5. Clause 2 of Article 21 is amended as follows:
“2.
Export or international exchange of livestock breeds and products listed in the
List of livestock breeds prohibited from export for scientific research,
exhibition, or advertisement purposes must be approved by the Minister of
Agriculture and Environment.
The
Minister of Agriculture and Environment shall stipulate procedures for
approving export or international exchange of livestock breeds and products
listed in the List of livestock breeds prohibited from export for scientific
research, exhibition, or advertisement purposes.”.
6. Clause 3 and Clause 4 of Article 26 are amended as follows:
“3.
Organizations and individuals applying for recognition of new livestock breeds
or lines shall have their breeds or lines tested by the facility eligible
for livestock breed and line testing.
4. The Minister of Agriculture and Environment shall issue
national technical regulations on livestock breed and line testing.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1.
Conditions specified in points a, dd, and e Clause 1 Article 55 of this laws”.
8. Article 30 is amended as follows:
"Article 30. Recognition of new livestock breeds
and lines
1.
The recognition of new livestock breeds and lines must be based on the testing
results of from scientific and technological tasks of ministerial or national
level that have been recognized or permitted by competent authorities.
2.
Organizations and individuals that wish to have their new livestock lines or
breeds recognized shall follow the procedures for recognition as prescribed by
the Minister of Agriculture and Environment.”.
9. Article 33 is amended as follows:
“Article 33. Declaration, re-declaration, and change of information
regarding complete feeds, concentrated feeds, and feed
additives
1.
Declaration of animal feed product information:
a)
For complete feed and concentrated feed products, the producing or trading
organizations/individuals shall self-declare information on the web portal of
the Ministry of Agriculture and Environment;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The
circulation period for feed additive products is 05 years from the date the
product information is declared.
2.
Re-declaration of feed additive product information:
Within
06 months prior to the expiration of the circulation period, organizations or
individuals may perform re-declaration of information on the web portal of the
Ministry of Agriculture and Environment.
3.
Changes in animal feed product information:
a)
Changes in information about compound feed and concentrated feed:
In
case of changes in the manufacturing facility address or product quality, the
organization/individual shall re-declare product information on the web portal
of the Ministry of Agriculture and Environment as per regulations on
declaration of compound feed and concentrated feed information. For other
information changes, the organization/individual shall update the information
on the web portal of the Ministry of Agriculture and Environment.
b)
Changes in feed additive product information:
For
changes regarding the name, address, phone number, fax, or email of the
registered entity, or product packaging specifications, the
organization/individual shall update the information on the web portal of the
Ministry of Agriculture and Environment.
For
changes regarding the manufacturer’s name, manufacturing facility address,
product name, applied standard code, product form/color, instructions for use,
expiration date, or raw material composition (provided the composition change
does not alter the nature, utility, quality, or safety indicators that have
been declared), the entity shall apply for a change of information on the web
portal of the Ministry of Agriculture and Environment.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10. Clause 1 of Article 36 is amended as follows:
“1.
The Ministry of Agriculture and Environment shall disclose and publish the list
of traditional feed products and single ingredients on its web portal.”.
11. Clause 4 of Article 37 is amended as follows:
“4.
The Minister of Agriculture and Environment shall issue the list of chemicals,
biological products, and microorganisms prohibited from use in animal feeds and
the list of ingredients permitted for use as animal feeds; promulgate national
technical regulations on animal feed testing.”.
12.
Some points and Clauses of Article 39 are amended as follows:
a)
Clause 1 is amended as follows:
“1.
The Chairperson of the Provincial People’s Committee shall issue, re-issue, and
revoke the certificate of eligibility for animal feed
production for facilities within the province. In the case where the
importing country has different requirements, the authority to issue, re-issue,
and revoke the certificate of eligibility for animal feed production shall
comply with the Government’s regulations
b)
Point d and point dd are added after point c Clause 3 as follows:
“d)
The production facility fails to fulfill requirements for monitoring the
maintenance of production conditions by the issuing authority;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Clause 4 is amended as follows:
“4.
The Government shall stipulate the procedures for the issuance, re-issuance,
and revocation of the Certificate of eligibility for animal feed production.”.
13. Clause 3 of Article 41 is amended as follows:
“3.
Organizations and individuals shall only import animal feed for which
information has been declared on the web portal of the Ministry of Agriculture
and Environment.
For
animal feed that has not been declared but is imported for introduction at
fairs, exhibitions, adaptation rearing, research, testing, laboratory sampling,
or for production/processing for export, a permit must be granted by the
Chairperson of the Provincial People’s Committee.”.
14. Point c Clause 2 of Article 48 is amended as follows:
“c)
Use only animal feed products and ingredients that ensure product quality and
comply with the law on husbandry;”.
15. Clause 4 and Clause 5 of Article 53 are amended as follows:
“4.
The Minister of Agriculture and Environment shall, based on socio-economic
conditions, husbandry development strategies, husbandry technology, and the
ecological environment, stipulate the livestock density for each region.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
16. Clause 2 of Article 68 is amended as follows:
“2.
The Minister of Agriculture and Environment shall issue the list of other
animals permitted for husbandry; regulations on raising other animals the list
of other animals permitted for husbandry.”.
17.
Some points and Clauses of Article 80 are amended as follows:
a)
Point h Clause 1 is amended as follows:
“h)
Submit to the Provincial People’s Council for decision on the areas where
husbandry is prohibited, the zones for swiftlet raising, and support policies
for relocation of husbandry facilities out of prohibited areas.”;
b)
Points d, dd, and e are added after point c Clause 3 as follows:
“d)
Allocate or lease land and create land funds within their authority for
development of husbandry and cultivation of crops for animal feed ingredients;
dd)
Organize the management and development of husbandry within the provinces;
statistics, assessment, and support for damages caused by natural disasters or
epidemics;
e)
Inspect, resolve complaints and denunciations, and handle violations of
husbandry laws within the province according to their authority.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Annul Clause 4 Article 15; Article 16; point d clause 2 Article 22; point a
clause 3 and point c clause 4 Article 23; clauses 1 and 5 Article 32; Articles
34 and 35; point a clause 3 Article 37; point k clause 1 Article 38; points b
and c clause 1 Article 55; clause 4 Article 59; clause 2 Article 61; points b,
d and e clause 1 Article 63; clause 2 Article 80;
b)
Remove the phrase “commune-level town" at point b Clause 2 Article 4;
Clause 1 Article 12;
c)
Remove the phrase “inspection” from point h Clause 2 Article 79.
d)
Remove the phrase “and conformity declaration (if any)” at point a Clause 2, point
a Clause 5 Article 43; remove the phrase "conformity declaration” at point
dd Clause 2 Article 48; remove the phrase "and conformity declaration” at
point a Clause 1 Article 62.
19. The following
phrases are hereby replaced:
a)
Replace the phrase “commune-level towns and residential zones” with the phrase
“communes, wards, special zones, and residential communities” at point b Clause
2 Article 4 and Clause 1 Article 12;
b)
Replace the phrase “the Government” with the phrase “Minister of Agriculture
and Environment" at Clause 3 Article 19 and Clause 2 Article 52; replace
the phrase “agriculture and rural development” with the phrase “agriculture and
environment” in Clause 1 Article 5;
e)
Replace the phrases “Ministry of Agriculture and Rural Development” with the
phrase “Ministry of Agriculture and Environment” in Clause 3 Article 5; Clause
2 Article 6; Clause 3 Article 8; Clause 1 Article 15; Clause 2 Article 20;
Point a Clause 2 Article 23; Clause 3 Article 24; Clause 3 Article 28; Clause 4
Article 32; Clause 2 Article 36; Clause 4 Article 41; Clauses 1, 2 and 3
Article 44; Clause 2 Article 46; Clause 2 Article 47; Point d Clause 2 Article
48; Point g Clause 2 Article 49; Clause 2 Article 54; Clause 3 Article 55;
Point c Clause 1 Article 62; Clause 3 Article 65; Article 76; Clause 3 Article
78; Clauses 2 and 3 Article 79.
Article 4. Amendments to certain Articles of the Law on Biodiversity
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Clause 27 is amended as follows:
“27.
Genetically modified organism refers to an organism whose genetic
material has been altered through gene technology and contains new genetic
material originating from another species or from synthetic origin that is not
similar in composition and structure to the genes of that species.”;
b)
Clause 32 is added after Clause 31 as follows:
“32.
Gene-edited organism refers to an organism genetic material has been altered
through gene technology and does not contain new genetic material originating
from another species or from synthetic origin that is not similar in
composition and structure to the genes of that species.”;
2. Clause 7 of Article 7 is amended as follows:
“7.
Importing and developing invasive alien species, except for imports intended
for scientific research purposes in accordance with the law.”.
3. Article 10 is amended as follows:
“Article 10. Biodiversity conservation planning
The
content, authority, procedures for formulation, appraisal, approval,
announcement, and adjustment of biodiversity conservation planning shall comply
with the law on planning.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“c)
Organize the appraisal of projects for the establishment of national-level
conservation areas and submit it to competent authorities for decision.”.
5. Clause 1 of Article 23 is amended as follows:
“1.
The Minister of Agriculture and Environment shall decide on the establishment
of national-level conservation areas located within the territory of multiple
provinces or central-affiliated cities. The Chairperson of the Provincial
People’s Committee shall decide on the establishment of national-level
conservation areas whose entire area is within their province.”.
6. Clause 2 of Article 27 is amended as follows:
“2.
Management regulations for conservation areas
a)
The Minister of Agriculture and Environment shall prescribe the contents of the
management regulations for conservation areas;
b)
The person having authority to establish a conservation area shall issue the management
regulations for conservation areas under their jurisdiction.”.
7. Clause 2 of Article 32 is amended as follows:
“2.
Buffer zone management shall be specified in management regulations for
conservation areas.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1.
The Ministry of Agriculture and Environment shall organize an appraisal council
for applications requesting inclusion in or removal from the List of endangered
precious and rare species prioritized for protection.”.
9. Clause 1 of Article 40 is amended as follows:
“1.
The Ministry of Agriculture and Environment shall decide on species to be
included in or removed from the List of endangered precious and rare species
prioritized for protection.”.
10. Clause 4 of Article 41 is amended as follows:
“4.
The Minister of Agriculture and Environment shall elaborate this Article.”.
11. Clause 5 of Article 42 is amended as follows:
“5.
The Minister of Agriculture and Environment shall elaborate this Article.”.
12. Clause 4 of Article 47 is amended as follows:
“4.
The Minister of Agriculture and Environment shall elaborate this Article.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 57. Access to genetic resources
1.
Entities required to apply for a license to access genetic resources:
a)
Foreign organizations or individuals accessing Vietnam’s genetic resources;
b)
Domestic organizations or individuals accessing genetic resources for
commercial purposes;
c)
Domestic organizations or individuals taking genetic resources abroad for study
or non-commercial research purposes.
2.
Cases where a license to access genetic resources shall not be granted:
a)
Genetic resources of species on the lists prohibited from export as prescribed;
b)
The use of genetic resources poses a risk of harm to human health, the
environment, security, national defense, or national interests.
3.
The Government shall provide regulations on access to genetic resources.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
The title is amended as follows:
“Article 65. Management of genetically modified organisms, genetic
specimens of genetically modified organisms and gene-edited organisms”;
b)
Clause 2 is amended as follows:
“2.
The Government shall elaborate the identification and management of genetically
modified organisms, genetic specimens of genetically modified organisms, and
gene-edited organisms.”.
15. Point a Clause 3 of Article 73 is amended as follows:
“a)
Perform basis surveys, inventory, monitoring, statistics, and management of
information and data on biodiversity; establish biodiversity databases; control
and eradicate invasive alien species; rescue and release species on the List of
endangered precious and rare species prioritized for protection;”.
16. The following clauses, points, and phrases are hereby
annulled:
a)
Annul Article 8; Article 11; clause 1 Article 50; Article 52; Article 58;
Article 59; Point a and Point dd, Clause 2, Article 73;
b)
Remove the phrase “Section 1. NATIONAL MASTER PLAN ON
BIODIVERSITY CONSERVATION” in Chapter II;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
17. The following
phrases are hereby replaced:
a)
Replace the phrase “the Government” with the phrase “the Minister of
Agriculture and Environment” in Clause 2, Article 37; Clause 2, Article 39;
Article 46; Clause 3, Article 63; Clause 2, Article 67;
b)
Replace the phrase “Ministry of Natural Resources and Environment” with the
phrase “Ministry of Agriculture and Environment” in Clause 2, Article 6; Clause
1, Article 63; Clauses 1 and 2, Article 68; Clause 3, Article 69; Clauses 4 and
5, Article 71; Clause 3, Article 72;
c)
Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase
“Ministry of Agriculture and Environment” in Clause 1, Article 48; Clause 1,
Article 49;
d)
Replace the phrase “The Ministry of Agriculture and Rural Development shall
lead and cooperate with the Ministry of Natural Resources and Environment” with
the phrase “The Ministry of Agriculture and Environment” in Clause 2 Article 44;
dd)
Replace the phrase “The Ministry of Agriculture and Rural Development shall
lead and cooperate with the Ministry of Natural Resources and Environment” with
the phrase “The Ministry of Agriculture and Rural Development shall lead and
cooperate with” in Clause 3 Article 50;
c)
Replace the phrase “Ministry of Natural Resources and Environment, the Ministry
of Agriculture and Rural Development” with the phrase “Ministry of Agriculture
and Environment” in Clause 2, Article 50; Clause 1, Article 54;
g)
Replace the phrase “natural resources and environment” with the phrase
“agriculture and environment” in Clause 2 Article 62;
h)
Replace the phrase “Provincial People's Committee” with the phrase “Chairperson
of provincial People's Committee” in Clause 1, Article 24; Clause 4, Article 42.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Clause 16 of Article 3 is amended as follows:
“16.
Special works refer to works relevant to dike safety, including: national
defense and security works, traffic, irrigation, and underground works for
socio-economic development, groundwater extraction well systems; dike-crossing
border gates, pumping stations, ship locks; electricity poles,
telecommunication cable poles, hydrometeorological stations;
historical-cultural relics, ancient quarters, ancient villages; residential
clusters and lines in flood-prone residential areas and on river islands.”.
2. The title of Section 1 of Chapter II is amended as follows:
“Section 1
PLANNING FOR DIKES AND FLOOD
CONTROL FOR RIVER ROUTES WITH DIKES”.
3. Articles 8, 9, 10, and 11 are amended as follows:
“Article 8. Principles and grounds for formulating planning for dikes and
flood control for river routes with dikes
1. The formulation of
planning for dikes and flood control for river routes with dikes shall comply
with basic principles of planning activities as prescribed by the law on
planning and the following principles:
a)
Compliance with the national planning; national defense and security
objectives; the national strategy for natural disaster management; planning for
water resources, irrigation, and natural disaster management; regional planning;
ensuring the uniformity within the dike system;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Ensure the suitability for each region and area across the country; inherit the
previous dike planning and flood control for river routes with dikes;
d)
Sea dikes shall ensure resistance to storms and sea-level rise according to
technical regulations on sea dike design, and shall include areas for planting
wave-break forest;
dd)
River dikes shall ensure safety corresponding to the design flood water level
and have solutions to ensure dike safety when historical floods occur; local
authorities within the same basin shall cooperate to ensure no adverse impact
on the dike planning and flood control of the river route and the entire river
system;
e)
The raising of existing sub-dikes and construction of new sub-dikes are
prohibited; proactive solutions to let water into the sub-dikes must be
prepared in case of Alarm Level II floods or higher..
2.
The basis of formulation of planning for dikes and flood control for river
routes with dikes includes:
a)
Long-term flood forecasts;
b)
Natural, socio-economic conditions and requirements to ensure national defense
and security;
c)
Current conditions of the dike system;
d)
National strategy for natural disaster management;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
Implementation of the dike planning and flood control for river routes with
dikes in the previous period, and the forecasted demand for construction,
repair, upgrading, and solidification of dikes.
Article 9. Contents of planning for dikes and flood control for river
routes with dikes
Dike
planning and flood control for river routes with dikes is a detailed nationwide
planning, including:
1.
Determine the orientation, objectives, and guaranteed level of flood control
for the river dike system for which the planning is formulated and implemented;
2.
Determine the design floods for river routes, including design flood discharge
and design flood water levels for each planning period; determine alarm flood
levels for dike safety assurance;
3.
Determine the mandates of dike routes;
4.
Determine technical specifications of dike routes;
5.
Determine technical solutions for the planning; analyze and assess the role of
each solution, including:
a)
Construct upstream reservoirs;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Construct and renovate dikes;
d)
Determine locations of dike routes; locations and scales of key infrastructures
along dike routes;
dd)
Determine floodways, retarding basins, and the capacity for flood diversion
into other rivers; determine the operational sequence of floodways and
retarding basins;
e)
Remove obstructions;
g)
Organize dike management and dike safety assurance;
6.
Determine land area allocated for the construction, renovation, upgrading, and
reinforcement of dikes;
7.
Forecast environmental impacts on planning implementation and propose measures
to mitigate adverse environmental effects;
8.
Arrange solutions for organizing the planning implementation in order of
priority for each period;
9.
Estimate priority items for implementation and resources for execution.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
Planning for dikes and flood control for river routes with dikes shall be reviewed
upon major fluctuations caused by natural disasters, changes in the national
master plan, objectives of defense and security, national strategy on natural
disaster management, planning for water resources, irrigation and natural
disaster management, and relevant regional planning.
2.
Adjustment of planning for dikes and flood control for river routes with dikes
shall be conducted in accordance with principles and provisions in Article 8 of
this Law.
Article 11. Responsibilities and authority to organize the formulation,
approval, and adjustment of planning for dikes and flood control for river
routes with dikes
1.
The Ministry of Agriculture and Environment shall organize the formulation and
adjustment of planning for dikes and flood control for river routes nationwide.
2.
The Minister of Agriculture and Environment shall approve the planning and
adjustments to the planning for dikes and flood control for river routes with
dikes.
3.
The Government shall elaborate the formulation, appraisal, approval, and adjustment
of planning for dikes and flood control for river routes with dikes.”.
4. Clause 13 is amended and supplemented as follows:
Article 13. Promulgation and implementation of planning for dikes and
flood control for river routes with dikes
1.
Within 15 days from the date of approving the planning or adjusted planning for
dikes and flood control for river routes with dikes, the Ministry of
Agriculture and Environment shall organize the promulgation of such planning.
The forms of promulgation shall comply with the law on planning.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
The Ministry of Agriculture and Environment shall lead and cooperate with
Ministries, ministerial-level agencies, and provincial-level People's
Committees to organize the implementation of the planning for dikes and flood
control for river routes with dikes;
b)
Provincial-level People's Committees shall organize the formulation and review
of flood control plans for river routes with dikes and development plans for
dike systems under their management within the provincial planning in
accordance with the law on planning; direct the placement of boundary markers
for constructing and protecting dikes;
c)
Based on the approved planning for dikes and flood control for river routes
with dikes, relevant Ministries, ministerial-level agencies, and
provincial-level People's Committees shall direct and cooperate to implement
such planning.”.
5. Clause 1 Article 22 is amended and supplemented as follows:
“1.
Investment in the construction, renovation, upgrading, and reinforcement of
dikes shall comply with the approved planning for dikes and flood control for
river routes with dikes (if any) and laws on investment and construction.”.
6. Clause 2 Article 23 is amended and supplemented as follows:
“2.
Dike protection corridors are as follows:
a)
For special grade, grade I, grade II, and grade III dikes passing through
residential, urban, and tourist areas, the corridor is 5 meters from the dike
foot outwards to the field and the river/sea side; for other dikes, the
corridor is 25 meters from the dike foot outwards to the field, 20 meters from
the dike foot outwards to the river/estuary dike, and 200 meters from the dike
foot outwards to the sea dike;
b)
For grade IV and grade V dikes, the corridor shall be prescribed by the
provincial-level People's Committee, provided it is at least 5 meters from the
dike foot outwards to the field and the river/sea side.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
Construction is permitted for national defense and security works, transport
works, irrigation works, underground works for socio-economic development,
groundwater extraction well systems, pumping stations, ship locks, electric
poles, telecommunication cable poles, and hydrometeorological stations.
3.
Construction is permitted for works under investment projects on flood
discharge and dike safety assurance approved by the Chairperson of the
provincial-level People's Committee.
Permitted
works must meet the following conditions:
a)
It is located outside the dike protection perimeter;
b)
It is consistent with the approved water resources planning, irrigation and
natural disaster management planning, dike planning, provincial planning, land
use planning, and urban/rural planning;
c)
Construction must not reduce the design flood discharge or increase the design
flood water level beyond the permitted limits; it must not affect the flow of
adjacent, upstream, or downstream areas;
d)
It complies with technical standards for dikes.
4. Provincial-level People's Committees shall direct the
formulation of investment projects; solicit opinions from the Ministry of Agriculture
and Environment regarding flood discharge and dike safety for investment and
construction projects as prescribed in Clause 3 of this Article before the
Chairperson of the provincial People's Committee approves the flood control and
dike safety aspects.”.
8.
Certain clauses and points of Article 27 are amended and supplemented as
follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1.
Based on approved planning for water resources, irrigation and natural disaster
management, planning for dike and flood control for river routes with dikes,
and provincial planning approved by competent authorities, the Provincial
People's Committee shall organize the preparation and adjustment of land use
plans and planning in accordance with laws on urban and rural planning relevant
to the dike protection corridors and river terraces, bars, or islets, to submit
to competent authorities for approval, or approve according to their
competence.”;
b)
Point c Clause 2 is amended and supplemented as follows:
“c)
Existing works and houses consistent with the planning may be repaired,
renovated, upgraded, or constructed. Interspersed land areas between existing
works and houses in river terrace areas, bars, or islets shall be considered
for use provided they meet the requirements for flood control and dike safety.”;
c)
Clause 5 is amended and supplemented as follows:
“5.
The Government shall elaborate Clause 2 and Clause 4 of this Article.“.
9.
Certain clauses and points of Clause 2 Article 35 are amended and supplemented
as follows:
a)
Point c is amended and supplemented as follows:
“c)
The Chairperson of the provincial-level People's Committee and the head of
commune-level Civil Defense Committee have the power to promptly mobilize local
forces, supplies, and means from organizations and individuals within the
commune for rescue, dike safety, and handling of dike incidents from the first
hour; in ultra vires cases, they shall report to the Chairperson of the
Provincial People's Committee for a mobilization decision;”;
b)
Point dd is amended and supplemented as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10. Clause 2 Article 36 is amended and supplemented as follows:
“2.
The Ministry of Agriculture and Environment shall be accountable to the
Government for directing dike safety assurance and hydrometeorological
forecasts.”.
11. Clause 3 Article 37 is amended and supplemented as follows:
“3. The People's Dike Management Force shall be established
by the provincial-level People's Committee, not on the state payroll, and
organized by each dike-side commune, ward, or special zone and managed directly
by the commune-level People's Committee. The organizational structure,
funding sources, and remuneration policies for the People's Dike Management
Force shall be prescribed by the provincial-level People's Committee in
accordance with the guidelines on organizational structure of the Ministry of
Agriculture and Environment and guidelines on funding and remuneration of the
Ministry of Finance.”.
12. Clause 42 is amended and supplemented as follows:
“Article 42. State management responsibilities for dikes of the
Government, Ministries, and ministerial-level agencies
1.
The Government shall perform uniform state management of dikes.
2.
The Ministry of Agriculture and Environment shall be accountable to the
Government for performing state management of dikes and has the following
duties and powers:
a)
Lead and cooperate with Ministries, ministerial-level agencies, and
provincial-level People’s Committees in formulating and implementing planning
on water resources, irrigation and natural disaster management; dikes and flood
control for river routes with dikes; plans for investment, construction,
renovation, upgrading, reinforcement, protection, and use of dikes and dike
safety assurance;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Organize hydrometeorological forecasts; direct and guide the formulation of
land-use planning for dike protection corridors, embankments, culverts through
dikes, and river terraces in accordance with this Law, laws on planning, and
land laws;
d)
Consolidate and manage data and information on dikes nationwide; organize
scientific research and technological development for dike construction and
protection;
dd)
Decide or propose the Prime Minister to decide on the mobilization of forces,
materials, and equipment/devices to ensure dike safety and recover from the
consequences of floods, typhoons, and other natural disasters on dikes;
e)
Formulate and develop international cooperation in the field of dikes;
g)
Direct and guide provincial-level People's Committees to establish the People's
Dike Management Forces
h)
Lead and cooperate with Ministries and ministerial-level agencies, direct local
authorities to propagate, disseminate, and educate on the law on dikes
i)
Organize inspections of the implementation of the law on dikes and handling
violations thereof; lead and cooperate with Ministries and ministerial-level
agencies to guide and inspect the extraction of sand, stones, and gravel in
rivers; direct provincial-level People's Committees to prevent illegal mineral
extraction that compromises dike safety;
k)
Resolve complaints and denunciations against violations of the law on dikes in
accordance with the laws on complaints and denunciations.
3.
The Ministry of Industry and Trade shall lead and cooperate with relevant
Ministries, ministerial-level agencies and provincial-level People's Committees
to direct the formulation and implementation of safety plans for hydroelectric
works; direct the operation of hydroelectric reservoirs in accordance with
national technical regulations on reservoir operations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Formulate planning on waterway infrastructure and bridges over rivers to ensure
flood discharge capacity, works serving waterway traffic, and renovation of
dikes integrated with traffic roads;
b)
Prepare standby equipment/devices and materials to ensure traffic safety for
dike safety assurance during flood and storm seasons;
c)
Guide the formulation and implement state management of urban and rural
planning, issue technical regulations for the construction of works on river
terraces as prescribed in Article 26 of this Law, and the renovation, repair,
upgrading, and construction of houses and works as prescribed in Article 27 of
this Law.
5.
The Ministry of Finance shall have the following duties and powers:
a)
Take charge and cooperate with the Ministry of Agriculture and Environment to
ensure timely allocation of funds for structural solutions to cope with floods
exceeding design levels or emergency flood situations; Allocate a separate
investment category for projects in construction, renovation, maintenance, upgrading,
and reinforcement of dikes, dike management and protection, dike safety
assurance, and for flash flood areas, retention basins, floodways, retarding
basins;
b)
Take charge and cooperate with the Ministry of Agriculture and Environment,
other Ministries, ministerial-level agencies to advise and guide compensation
for organizations and individuals whose land is land repossessed or
requisitioned for the construction, construction, renovation, and reinforcement
of dikes, flood/storm control works; issue or request competent authorities for
issuance of mechanisms and policies for dike patrol and guard forces, dike
safety assurance, and policies for compensation of damage to materials and
equipment/devices mobilized for dike protection.
6.
The Ministry of National Defense shall cooperate with the Ministry of
Agriculture and Environment to direct and inspect the organization of forces,
equipment/devices, and plans and the deployment of dike protection forces.
7.
The Ministry of Public Security shall cooperate with the Ministry of
Agriculture and Environment to direct and guide police forces in formulating
and implementing plans to ensure the order and security at critical dike
sections and floodways/retarding basins during flood and typhoon seasons;
inspect, prevent, and handling of violations against the law on dikes
8.
Ministries and ministerial-level agencies, within the scope of their functions,
duties, and powers, shall implement the provisions of this Law and cooperate
with the Ministry of Agriculture and Environment in protection and use of
dikes.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“3.
Commune-level People's Committees shall:
a)
Organize the implementation of management, protection, renovation, upgrading,
reinforcement, and safety assurance of dikes within their communes;
b)
Cooperate with relevant agencies in implementing development plans for dike
systems and flood control plans for river routes with dikes according to the
provincial planning and plans for investment, construction, renovation,
upgrading, reinforcement, protection, and use of dikes and safety assurance of
dikes;
c)
Consolidate and manage information and data on dikes within their communes;
d)
Organize and mobilize the local labor force in accordance with Clause 2 Article
24 and the People's dike management forces stipulated in Article 41 of this
Law; cooperate with the dike management forces to patrol, guard, and protect
dikes during flood and typhoon seasons along the dike routes in their
jurisdiction;
dd)
Decide within their competence or propose competent authorities to decide on
mobilization of forces, materials, and equipment/devices to recover from the
consequences of floods, typhoons, and other natural disasters on dikes;
e)
Organize the propagation, dissemination, and education of the law on dikes
within their communes;
g)
Organize inspections of the implementation of laws on dikes; resolve
complaints, denunciations, reflections, and petitions regarding dikes within
their competence in accordance with the law;
h)
Prevent violations against laws on dikes;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
14. Article 48 is amended as follows:
“Article 48. Elaboration and implementation
The
Government shall elaborate and guide the implementation of Articles 4, 6,
11, 26; Clauses 2 and 4 Article 27; Clause 2 Article 37 and Article 46 of this
Law.”.
15. The following clauses, points, and phrases are hereby
annulled:
a)
Annul Article 12; Section 2, Chapter II; Point b, Clause 2, Article 35; Clause
3, Article 36; Clause 2, Article 43;
b)
Remove the phrase “INSPECTION,” from the title of Chapter VII.
16. Certain phrases
are replaced in the following articles, clauses, and points:
a)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Ministry of Agriculture and Environment” in Clause 3, Article 20;
Clause 2, Article 25; Clause 2, Article 28; Article 31; Clause 3, Article 39;
h)
Replace the phrase “Provincial People's Committee” with the phrase “Chairperson
of provincial People's Committee” in Clauses 1, 2 and 3, Article 25; Clause 5,
Article 26;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
Replace the phrase “planning for natural disaster management and irrigation”
with the phrase “planning for water resources, irrigation and natural disaster
management” in Clause 3 Article 5;
dd)
Replace the phrase “planning” with the phrase “planning for water resources,
irrigation and natural disaster management” in Clause 2 Article 6; replace the
phrase “groundwater” with the phrase “underground water” in point d, Clause 1,
Article 25;
e)
Replace the phrase “district level” with the phrase “commune level” in point b
Clause 1 Article 43;
Article 6. Amendments to certain Articles of the Law on Topographic and
Cartographic
1. Clause 1 of Article 25 is amended as follows:
“1.
Cadastral map means a map showing land lots and relevant geographical subjects
which are established by commune-level administrative divisions certified by
competent authorities.”.
2. Clauses 3, 4 and 5 Article 36 are amended as follows:
“3.
The Ministry of Agriculture and Environment shall approve, construct, operate
and maintain works prescribed in Clause 2 Article 35 of this Law.
4.
Ministries, ministerial-level agencies, Governmental agencies, and People’s
Committees of provinces shall approve, construct, operate and maintain works
prescribed in points a and b Clause 3 Article 35 of this Law after reaching
agreement with the Ministry of Agriculture and Environment; and organize
the construction, operation, and maintenance of works within their approving
competence.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Point h Clause 2 of Article 57 is amended as follows:
“h)
Appraise the necessity, scope and technological-technical solutions for
topographic and cartographic activities included in projects or tasks funded by
central government budget performed by ministries, ministerial agencies or
Governmental agencies; appraise the scope and technological-technical
solutions for basic topography and cartography projects or tasks performed by
People’s Committees of provinces;”.
4.
Some points and Clauses of Article 58 are amended as follows:
a)
Point a Clause 1 is amended as follows:
“a)
Perform state management of topographic and cartographic activities under their
management; promulgate legislative documents within their competence or propose
competent authorities to promulgate legislative documents on topography and
cartography in accordance with provisions of this Law and other relevant laws;
propagate and convey laws; provide instructions for compliance with the law on
topography and cartography, supervise such compliance in their
provinces/communes;";
b)
Point a1 is added after point a Clause 1 as follows:
“a1)
Appraise basic topographic and cartographic projects or tasks performed by
People’s Committees of provinces, except for contents on scope and
techno-technical solutions; appraise specialized topographic and cartographic
projects or tasks performed by local authorities;”;
c)
Clause 3 is amended as follows:
“3.
Commune-level People's Committees shall, within the scope of their duties and
powers, have the following responsibilities:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Inspect, resolve complaints and denunciations, and handle violations of the law
on topography and cartography within their communes as authorized;
c)
Participate in management of topographic markers as decentralized by People’s
Committees of provinces;
d)
Protect topographic markers as decentralized by People’s Committees of
provinces;
dd)
Perform other state management of topography and cartography as decentralized
by superior regulatory agencies.”.
5. The following clauses, and phrases are annulled:
a)
Clause 2 Article 58, Clause 1 Article 59;
b)
The phrases “submit to the Prime Minister” in Clause 4 Article 11;
c)
The phrase “necessity,” in point d Clause 2 Article 16;
d)
The phrase "district level," in point b Clause 4 Article 19;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. Certain phrases are
replaced in the following clauses and points:
a)
Replace the phrases “Ministry of Natural Resources and Environment” with the
phrase “Ministry of Agriculture and Environment” in Clause 4 Article 11; Clause
2 Article 12; Clauses 3 and 5 Article 13; Clauses 2 and 3 Article 14; Clause 1
and points d and e Clause 2 Article 16; Clause 3 Article 17; Clauses 2, 3 and 4
Article 18; Clause 3 Article 19; Clauses 1 and 2 Article 21; Clauses 2 and 3
Article 26; Clause 2 Article 31; Clause 3 Article 33; Clause 6 Article 34;
point a Clause 4 Article 38; Clauses 4 and 5 Article 40; Clause 3 Article 44;
Clause 1 Article 50; Clause 7 Article 51; Clause 2 Article 52; point a Clause 5
Article 53; Clause 1 Article 54; Clause 2, point g Clause 3 and points a and e Clause
4 Article 57 and point h Clause 1 Article 58;
h)
Replace the phrase "Ministry of Transport" with the phrase
"Ministry of Construction" in Clause 5 Article 27 and Clause 4
Article 28;
c)
Replace the phrase “natural resources and environment” with the phrase
“agriculture and environment” in Clause 2 Article 4; point b Clause 5 Article
53 and Clause 2 Article 54;
d)
Replace the phrase “district level” with the phrase “commune level” in point c
Clause 1 and Clause 3 Article 26;
Article 7. Amendments to certain Articles of the Law on hydrometeorology
1. Article 11 is amended as follows:
"Article 11. Hydrometeorological station network planning
1.
Hydrometeorological station network planning is a sectoral planning.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
The monitoring reflects spatial and temporal variations in hydrometeorological
elements to be monitored, serves the obtainment and use of hydrometeorological
information and data, national background data on weather and climate,
hydrometeorological forecast and warning, determination, assessment and zoning
of risks of hydrometeorological disasters, monitoring of hydrometeorological
disasters and climate change, national defense and security maintenance and
socio - economic development;
b)
Uniformity is ensured to satisfy requirements for sharing data between
monitoring networks and use the state budget in an effective and economical
manner.
3.
Bases for formulating hydrometeorological station network planning are those
prescribed by the law on planning and include the followings:
a)
Strategies on climate change; natural disaster management; water resources;
information technology and communication development; land-use planning,
national marine spatial planning, information and communication infrastructure
planning and other relevant strategies and plans;
b)
Results of implementation of meteorology and hydrology development, national
climate change strategy, national hydrometeorological station network planning
in the previous period, results of determination, assessment and zoning of
risks of hydrometeorological disasters and demands for obtainment and use of
hydrometeorological information and data for other relevant fields, sectors and
local governments;
c)
Scientific and technological advances in hydrometeorological monitoring,
measurement, news broadcasting, hydrometeorological forecast and warning,
climate change monitoring.
4.
The period, contents and adjustments of the national hydrometeorological
station network planning are specified by the law on planning.
5.
The Ministry of Agriculture and Environment shall organize the formulation,
appraisal, approval, and disclosure of hydrometeorological station network planning in accordance with regulations of the law on
planning.”.
2. Clause 1 of Article 14 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
The Ministry of Agriculture and Environment shall decide on the establishment
of stations within the national hydrometeorological station network in
accordance with the hydrometeorological station network planning;
b)
In special cases, the Ministry of Agriculture and Environment shall decide on
the establishment of stations not yet included in the hydrometeorological
station network planning to meet requirements for natural disaster prevention
and control or to meet national defense and security requirements as requested
by the Ministry of National Defense or the Ministry of Public Order.”.
3.
Some Clauses of Article 44 are amended as follows:
a)
Clause 1 is amended as follows:
“1.
Agencies or organizations wishing to perform weather modification plan and submit
it to the Ministry of Agriculture and Environment or the provincial-level
People’s Committee for appraisal within their competence.”.
b)
Clauses 4, 5 and 6 Article 7 are amended as follows:
“4.
The agency presiding over the appraisal and approval of weather modification
plans shall solicit opinions as follows:
a)
The Ministry of Agriculture and Environment shall solicit opinions from the
Ministry of National Defense, the Ministry of Public Security, the Ministry of
Science and Technology, and provincial-level People’s Committees directly
affected by the weather modification plan during the appraisal and approval
process;
b)
Provincial-level People’s Committees shall solicit opinions from the Ministry
of National Defense, the Ministry of Public Security, the Ministry of Science
and Technology, and the Ministry of Agriculture and Environment during the
appraisal and approval process;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6.
The Chairperson of the provincial-level People’s Committee shall approve
weather modification plans within the administrative boundaries of the province
or centrally-affiliated cities for cases stipulated in Article 42 of this Law.
7.
The competent person who approves weather modification plans shall preside over
and cooperate with the Ministry of National Defense, the Ministry of Public
Security, the Ministry of Science and Technology, and relevant agencies to
monitor the implementation of weather modification.”.
4. Clause 3 and Clause 4 of Article 51 are amended as follows:
“3.
Formulate, issue within authority and organize the implementation of
legislative documents, technical regulations, operational procedures, and
economic-technical norms on hydrometeorology, climate change monitoring, and
the construction, management, and exploitation of natural disaster prevention
works under climate change conditions.
4.
Manage and implement the hydrometeorological station network planning in
accordance with the law on planning; organize the protection of works and
technical corridors of hydrometeorological works within the station network.”.
5. Point d and point dd Clause 2 of Article 52 are amended as
follows:
“d)
The Minister of Science and Technology shall preside over and cooperate with
the Minister of Agriculture and Environment to formulate planning and
prioritize the allocation of frequencies serving hydrometeorological work and
climate change monitoring in accordance with this Law and law on radio
frequencies; develop strategies for the synchronous development of
infrastructure of telecommunications and information technology and appropriate
planning for information and communication infrastructure to serve
hydrometeorological activities; direct the disclosure of hydrometeorological
and climate change monitoring information and data on mass media in accordance
with this Law and the law on the press; cooperate in the management and
monitoring of weather modification;
dd)
The Minister of Construction shall preside over and cooperate with the Minister
of Agriculture and Environment to guide agencies, organizations, and
individuals in exploiting and providing hydrometeorological information, data,
forecasts, and warnings, and climate change scenarios within the scope of
management; issue regulations on the use and exchange of domestic and
international meteorological information and data serving forecasting and
warning activities to meet the management requirements of civil aviation flight
assurance services; issue technical regulations on the provision of
aeronautical meteorological services in accordance with this Law and the law on
civil aviation; issue technical regulations on construction according to the
hydrometeorological conditions and climate change;”
6.
Some points and Clauses of Article 53 are amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“i1)
Organize the appraisal and monitoring of weather modification within the
administrative boundaries of the province or central-affiliated cities within
their competence;”;
b)
Point e and point g are added after point dd Clause 3 as follows:
“e)
Monitor the enforcement of the law on hydrometeorology by agencies,
organizations, and individuals within their communes;
g)
Monitor, evaluate, exploit, and use hydrometeorological forecasts and warnings
to serve socio-economic development and natural disaster management within
their communes.”.
7. Annul point c Clause 4 Article 25; points a, g and h Clause
2 Article 52; Clause 2 Article 53.
8. Replacing the phrase “Ministry of Natural Resources and
Environment” with the phrase “Ministry of Agriculture and Environment” in
Clause 1 Article 6; point b clause 1 Article 7; clause 2 Article 10; point b
clause 6 Article 12; point b clause 2 Article 13; point c clause 2 Article 14;
point c clause 3 Article 14; clause 4 Article 14; points a and b clause 5
Article 14; point a clause 2 Article 16; point a clause 3 Article 17; clause 2
Article 18; clause 3 Article 22; clause 1 Article 24; point a clause 5 Article
25; clause 5 Article 30; clause 2 Article 31; clause 8 Article 33; clause 8
Article 44; Article 47; the title of Article 51; clause 1, points b, c, e, i
and k of clause 2 of Article 52 and point o of clause 1 of Article 53.
Article 8. Amendments to certain Articles of the Law on Forestry
1. Article 9a is added after Article 9 as follows:
“Article 9a. Forestry planning
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
Some Clauses of Article 14 are amended as follows:
a)
Clause 1 is amended as follows:
“1.
Comply with forestry planning provincial planning, or land-use planning in
accordance with the law on land.
The
allocation, leasing, or change of forest use purposes shall only be conducted
for forest areas that satisfy the criteria for being categorized as forests.”.
b)
Clause 5 is amended as follows:
“5.
Consistency and synchronicity with land allocation, land lease, land
repurposing, and land repossession.
In
cases where the procedures for land repurposing are not required in accordance
with land law for production forests, the procedures for land repurposing are
not required; however, replacement afforestation must be performed.”.
3. Clause 2 of Article 18 is amended; Clause 3 is added after
Clause 2 of Article 13 as follows:
“2.
The competence to decide on the change of forest categories is as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
The Chairperson of the Provincial People’s Committee shall decide the change of
forest categories for cases not specified in point a of this Clause.
3.
The Government shall elaborate this Article.”.
4. Article 19 is amended as follows:
“Article 19. Forest repurposing; temporary forest
use
1.
Forest repurposing conditions:
a)
It complies with forestry planning, provincial planning, or land use planning
in accordance with the law on land;
b)
It decided by the competent authority in accordance with Clause 1 Article 20 of
this Law;
c)
It fulfills the replacement afforestation obligations.
2.
For forest areas where the where the investment guidelines/forest repurposing
has been decided by competent authorities for project implementation but the
project no longer requires or only partially requires the area, the Chairperson
of the Provincial/commune-level People’s Committee shall return such areas to
their previous forest categories for management under forestry laws.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4.
Temporary forest use refers to the use of forests for temporary works serving
the construction of socio-economic development projects for national or public
interests approved by competent authorities. The temporary forest use shall be
conducted in accordance with the following provisions:
a)
Temporary forest use areas shall not be repurposed;
b)
Project investors shall formulate temporary forest use plans and submit them to
competent authorities for approval; and perform the reforestation.
In
the case where the planted forests are production forests owned by
organizations, households, individuals, or communities, temporary forest use
plans are not required; however, the project investor must reach an agreement
with owners regarding the temporary use and reforestation.”.
5. Clause 20 is amended and supplemented as follows:
“Article 20. Forest repurposing policies
1.
Authority to decide on forest repurposing policies:
a)
Provincial People’s Councils shall decide on and adjust forest repurposing
policies; except for cases specified in point b hereof;
b)
For projects where the investment guidelines are approved by the National
Assembly, the Prime Minister, or the Provincial People’s Council in accordance
with the Law on Investment, Law on Public Investment, Law on Public–private
partnership, Law on Petroleum, the investment guideline approval/decision shall
serve as the decision for forest repurposing policies.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. Clause 21 is amended and supplemented as follows:
“Article 21. Replacement afforestation
1.
Cases requiring payment for replacement afforestation include:
a)
Forest repurposing;
b)
Forestry land repurposing after clearcutting of planted forests or land
repurposing for land with planted forests that fails to satisfy the criteria
for being categorized as forests;
c)
Cases exempt from land repurposing procedures and forest repurposing procedures
for planted production forests as stipulated in Clause 4 Article 14 of this Law.
2.
The area for which replacement afforestation fees shall be paid:
a)
Three times the area of natural forests as stipulated in point a Clause 1 of
this Article;
a)
Equal to the area of planted forests as stipulated in point a Clause 1 of this
Article;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
Equal to the area of planted production forests as stipulated in point c Clause
1 of this Article.
3.
Replacement afforestation fee amount to be paid by the project investor equals
the area specified in Clause 2 of this Article multiplied by the unit price for
replacement afforestation decided by the Chairperson of the Provincial People's
Committee.
4.
Replacement afforestation fees shall be paid to provincial-level forest
protection and development funds. The Chairperson of the Provincial People's
Committee shall approve plans, decisions on assignment of implementing units,
and decisions on the use of replacement afforestation funds for replacement
afforestation and forest zoning for forest regeneration, and other
silvicultural measures within the province within 12 months from the date on
which the project investor completes the payment obligation.
5.
In cases where the local authority fails to prepare a plan to fully utilize the
replacement afforestation funds within 12 months from the date on which the
payment is made, the unplanned amount shall be transferred to perform replacement
afforestation in another province. The Chairperson of the Provincial People's
Committee shall propose to the Ministry of Agriculture and Environment to
consider and arrange replacement afforestation in another province. Upon
approval, the amount of replacement afforestation shall be transferred to
the forest protection and development fund of another province in order to
organize replacement afforestation.
6.
The Minister of Agriculture and Environment elaborate this Article.“.
7. Clause 23 is amended and supplemented as follows:
“Article 23. Authority to allocate, lease out,
repurpose or repossess forests and permit temporary forest use
1.
The Chairperson of the Provincial People's Committee has the authority to:
a)
Decide on forest repurposing for organizations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Decide on allocating, leasing out, repurposing or repossessing forests under
their competence.
2.
The Chairperson of the commune-level People's Committee has the authority to:
a)
Decide on allocating, leasing out, repurposing or repossessing forests for
organizations, individuals, and residential communities, except for cases
specified in point c Clause 1 of this Article;
b)
Decide on forest repurposing for individuals;
3.
The cases of forest repurposing that fall under both point a and point b of
Clause 1 hereof, the Chairperson of the Provincial People's Committee shall has
the authority to decide.
4.
The Government shall elaborate the forest allocation, forest lease, forest
repurposing, temporary forest use, and forest repossession.”.
8. Article 25 is amended and supplemented as follows:
"Article 25. Authority to establish and adjust special-use forests,
protection forests
1.
The Minister of Agriculture and Environment shall decide on the establishment
and adjustment of boundaries and areas of special-use forests and protection
forests located within at least 02 provinces or central-affiliated cities.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3.
The establishment and adjustment of special-use forests and protection forests
shall comply with the Regulation on forest management.”.
9. Article 26a is added after Article 26 as follows:
“Article 26a. Liquidation of planted forests
1.
Planted forests subject to liquidation:
a)
Planted forests under all-people ownership;
b)
Planted forests of forest owners being state organizations that are funded by
replacement afforestation expenses .
2.
Cases of liquidation of planted forests:
a)
Natural disasters as prescribed by the law on natural disaster management;
b)
Diseases and forest pests;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3.
Authority to decide on the liquidation of planted forests:
a)
Ministers and heads of central authorities shall decide on the liquidation of
planted forests under their management;
b)
The Chairperson of the Provincial People's Committee shall decide on the
liquidation of planted forests under their management.
4.
The Government shall elaborate this Article.“.
10. Article 38 is amended and supplemented as follows:
“Article 38. Protection of forest flora and fauna
1.
Forest flora and fauna include:
a)
Endangered, precious, and rare forest flora and fauna;
b)
Common forest flora and fauna.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
11. Article 44 is amended and supplemented as follows:
“Article 44. Development of forest plant varieties
1.
Establish a system of seed orchards and seed stands to conserve genetic
resources and provide high-quality breeding materials.
2.
Build and upgrade forest plant variety sources; conserve, produce, and supply
nucleus stocks, restore nucleus stocks; prescribe the list of major forest
plant species; procedures for the recognition of varieties and variety sources,
export and import of forest plant varieties. For major forest plant species,
breeding materials and seedlings shall only be produced if they are harvested
or propagated from recognized forest plant varieties or variety sources.
3.
Enhance genetic quality; select and create new varieties with high yield, high
quality, and strong resistance to satisfy the requirements of forest product
business and adaptation to climate change.
4.
Research and apply scientific and technological advances in the selection,
creation, and propagation of high-yield and high-quality forest plant
varieties; conserve genetic resources; manage the quality of production and
business of forest plant varieties.
5.
The Minister of Agriculture and Environment elaborate this Article.“.
12. Clause 2 Article 49 is amended and supplemented as follows:
“2.
The Minister of Agriculture and Environment shall elaborate the rearing and cultivation
of endangered, precious, and rare forest flora and fauna; forest flora and
fauna listed in the Appendix of CITES; and the rearing of common forest fauna.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Clause 2 is amended and supplemented as follows:
“2.
Payers of forest environmental services include:”;
b)
Point dd Clause 2 is amended and supplemented as follows:
“dd)
Organizations and individuals wishing to use greenhouse gas emission reduction
results or forest carbon credits;”;
c)
Clause 5 is amended and supplemented as follows:
“5.
The Government shall elaborate the forest environmental services.”.
14. Point e Clause 1 Article 72 is amended and supplemented as
follows:
“e)
The Minister of Agriculture and Environment elaborate point c and point d of
this Clause.“.
15. Clause 8 is added after Clause 7 Article 92 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
16.
Certain points of Clause 2 Article 101 are amended and supplemented as follows:
a)
Point d is amended and supplemented as follows:
“d)
Decide on the establishment and adjustment of special-use forests and
protection forests located within at least 02 provinces or central-affiliated
cities.”.
b)
Point g is amended and supplemented as follows:
“g)
Guide and inspect forest inventory, forest statistics, monitoring of forest
changes, and prepare forest management documents; prepare and manage the forest
database; monitor and evaluate forest resources; specify planted forest ID;”.
17.
Certain clauses and points of Article 102 are amended and supplemented as
follows:
a)
Point h is amended; point h1 is added after point h Clause 1 as follows:
“h)
Decide forest price brackets for their provinces;
h1)
Take measures to prevent forest fauna from causing harm to people and property;
pay damages as prescribed by the People's Council of the same level;”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“l1)
Reviewing natural forest areas to establish special-use forests, protection
forests, and production forests under their management as prescribed by laws;”;
c)
Clause 3 is amended and supplemented as follows:
“3.
The commune-level People's Committee shall:
a)
Issue within its authority or submit to competent authorities for issuance of
legislative documents on forestry; decide on programs and projects for forest
protection, sustainable forestry development, agro-forestry-fishery production,
swidden cultivation, and organize the implementation thereof in commune;
b)
Organize the implementation of legislative documents on forestry and
sustainable forestry development programs and projects within the commune;
c)
Organize the forest classification and demarcation of forest boundaries within
the commune in accordance with the law;
d)
Establish forest management documents; organize replacement afforestation;
organize forest allocation, forest lease, forest repurposing, and forest
repossession in accordance with the law;
dd)
Organize forest inventory, forest statistics, and the monitoring of forest
changes in the commune;
e)
Organize forest management and protection, forest biodiversity conservation, and
forest fire prevention and fighting; prevention of violations against the law
on forestry in the commune;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
h)
Organize the management and protection of forest areas that the State has not yet
allocated or leased;
i)
Provide guidelines for local communities in formulating and implementing
community conventions and regulations in forest protection and development in
the commune in accordance with the law;
k)
Inspect and handle violations; resolve disputes, complaints, and denunciations
in forestry in the commune in accordance with the law.”.
18. Clause 1 Article 105 is amended and supplemented as follows:
“1.
Forest ranger forces shall be organized at the central
and provincial levels. Based on the requirements for forest management and
protection, in compliance with laws on forestry, forest fire prevention and
fighting, forest development, forest use, processing and trade of forest
products in the province, the provincial-level forest ranger force shall advise
competent authorities on organizing forest ranger forces at the
commune/inter-commune level.".
19. Annul Chapter II; Clause 5 Article 95; point d Clause 1,
Clause 2 Article 102 and Clause 2 Article 105.
20. Remove certain phrases in the following articles, clauses,
and points:
a)
Remove the phrase "Households,” in point c Clause 2, Point a Clause 3 of
Article 16 and Article 17;
b)
Remove the phrase “district,” in Clause 2 Article 35;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
Remove the phrase “the Ministry of National Defense, the Ministry of Public
Security, the Ministry of Natural Resources and Environment,” in Clause 3
Article 101;
dd)
Remove the phrase “Inspection,” in point q Clause 2 Article 101.
21. Replace certain phrases in the following articles, clauses,
and points:
a)
Replace the phrase “Prime Minister” with the phrase “Minister of Agriculture
and Environment” in Clause 1 Article 31;
b)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Ministry of Agriculture and Environment” in Clause 6 Article 5; Clause
2 Article 6; Clause 5 Article 27; Clause 4 Article 28; Clause 2 Article 32;
Point a Clause 2, Clause 3 Article 33; Clause 6 Article 34; Clause 3 Article
35; Clause 3 Article 36; Clause 3 Article 40; Clause 5 Article 42; Clause 2
Article 45; Point c Clause 2 Article 72; Clause 3 Article 90; Point a Clause 3
Article 95; Clause 2 Article 98; Clauses 2 and 3 Article 101;
c)
Replace the phrase “district” with the phrase “commune” in Clause 1 Article 15,
Clause 4 Article 34, Point b Clause 1 Article 58, Clause 2 Article 100; replace
the phrase “commune-level town” with the phrase “special zone” in point d
Clause 1 Article 81 and point d point 1 Article 82.
Article 9. Amendments to certain Articles of the Law on Natural Disaster
Management
1. Clauses 3 and 4 Article 9 are amended and supplemented as
follows:
“3.
The backup budget for natural disaster management shall be used in accordance
with the law on the state budget.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Clause 5 Article 13 is amended and supplemented as follows:
“5.
Formulating, approving and implementing irrigation and natural disaster
management planning; review and formulate plans to relocate inhabitants in
areas at very high risk of natural disasters.”.
3.
Certain clauses and points of Article 15 are amended and supplemented as
follows:
a)
Clause 2 is amended and supplemented as follows:
“2.
A communal-level natural disaster management plan:
a)
Annual assessment and update of demographic, socio-economic, and
infrastructural characteristics within the scope of management;
b)
Natural disaster situation of the commune;
c)
Contents and measures for natural disaster management for each type of disaster,
levels of disaster risk frequently occurring in the commune, attention to
vulnerable groups, including: constructing local natural disaster management
works, providing information and dissemination to raise public awareness;
identifying dangerous areas; developing response plans for specific disaster
risk levels and types; organizing duty shifts and updating information on
disaster developments; preparing evacuation sites; and organizing training and
drills on natural disaster management;
d)
Preparation of materials, devices, equipment, and essential supplies for
natural disaster management; specialized equipment for the direction and
command of natural disaster management;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
Proposal on resource requirements; annual and five-year schedules for the
implementation of natural disaster management plan in the commune;
g)
Responsibilities for organizing the implementation of the natural disaster
management plan.”.
b)
Point a Clause 7 is amended and supplemented as follows:
“a)
Commune-level People's Committees shall organize the formulation and approval
of commune-level natural disaster management plans and report to
provincial-level People's Committees for consolidation and guidance.
Provincial-level People's Committees shall organize the formulation and
approval of provincial-level natural disaster management plans and report to
the Ministry of Agriculture and Environment and the Ministry of National
Defense.”.
4.
Certain clauses and points of Article 42 are amended and supplemented as
follows:
a)
Points k, l, m and n are added after point i Clause 2 as follows:
“k)
Issue within their authority or submit to competent authorities for issuance
and direction of the implementation of legislative documents on natural
disaster forecasting and warning;
l)
Formulate planning and plans, direct the implementation of meteorological,
hydrological, and oceanographic forecasting;
m)
Organize the observation, collection, and processing of information; identify
and assess natural disaster risks; zone natural disaster risks; track and
monitor natural disasters; perform forecasting and warning activities, and
provide timely and accurate information on natural disasters related to meteorology,
hydrology, and oceanography to the National Steering Committee for Civil
Defense, Ministries, ministerial-level authorities, governmental authorities,
relevant local authorities, and mass media in accordance with regulations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Clause 6 is amended as follows:
6.
The Ministry of Science and Technology shall:
a)
Promulgate according to its competence or submit to competent authorities for
promulgation, and direct the implementation of legislative documents on
information assurance in natural disaster management;
b)
Formulate planning and plans, direct the implementation of measures to ensure
the safety and continuity of the general communication network;
c)
Prepare standby specialized communication equipment/devices for natural
disaster management in all natural disaster scenarios;
d)
Inspect, resolve complaints and denunciations, and handle violations of the law
on natural disaster management under its competence;
c)
Clause 6a is added after Clause 6 as follows:
“6a.
The Ministry of Culture, Sports and Tourism shall:
a)
Direct mass media agencies to carry out information and communication on
natural disaster management;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
Points d, dd, and e are added after point c Clause 9 as follows:
“d)
Promulgate according to its competence or submit to competent authorities for
promulgation, and direct the implementation of legislative documents on traffic
safety assurance in natural disaster management;
dd)
Formulate planning and plans, direct the implementation of transport
development in accordance with the strategy and plans for natural disaster
management;
e)
Prepare forces, equipment/devices, and materials for traffic rescue to ensure
transport safety when natural disasters occur..”.
dd)
Points d, dd, and e are added after point c Clause 10 as follows:
“d)
Promulgate according to its competence or submit to competent authorities for
promulgation, and direct the implementation of legislative documents on
integrating natural disaster management contents into the
national/ministerial/local socio-economic development plans;
dd)
Allocate investment capital for natural disaster management works;
e)
Integrate natural disaster management contents into the national socio-economic
development plan.”.
e)
Points dd and e are added after point d Clause 13 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
Based on the extent of damage and relief needs, propose support policies for
provinces to stabilize the lives of people in disaster-stricken areas and
submit them to the Prime Minister for decision.”.
g)
Clause 14 is amended as follows:
“14.
The Ministry of Home Affairs shall:
a)
Provide guidance on integrating gender in natural disaster management;
b)
Inspect, resolve complaints and denunciations, and handle violations of the law
on natural disaster management under its competence;
5.
Some points and Clauses of Article 43 are amended as follows:
a)
Point d and point dd Clause 1 are amended as follows:
d)
Manage the implementation of planning in accordance with the law on urban and
rural planning for urban areas, rural residential spots, and technical
infrastructure works within the province;
dd)
Organize the implementation of natural disaster response plans within the
province, organize the preparation of human resources, supplies, means,
equipment, and essential goods and organize rehearsals according to approved
plans;”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“2.
The commune-level People's Committee shall:
a)
Raise the public awareness and implement this Law and regulations on natural
disaster management;
h)
Formulate, approve, and organize the implementation of natural disaster
management; integrate natural disaster management contents into socio-economic
development plans and planning of the commune;
c)
Organize the implementation of natural disaster response plans within the
commune;
d)
Organize the implementation of natural disaster response plans within the
commune, organize the preparation of human resources, supplies, means,
equipment, and essential goods and organize rehearsals according to approved
plans;
dd)
Inspect, urge, and organize the stockpiling of food, essential goods, water
purification chemicals, medicines, devices, materials, and equipment for
according to the “bốn tại chỗ” (“four on-the-spot”) motto to proactively
respond when natural disasters occur;
e)
Organize duty shifts and command the response and recovery from natural
disaster consequences; consolidate statistize, and assess damage caused by
natural disasters within the commune;
g)
Direct and organize the implementation of production protection measures when
natural disasters occur to mitigate damage and restore production;
h)
Receive, manage, and distribute emergency relief from the State, organizations,
and the community to stabilize lives, restore production, and overcome natural
disaster consequences in accordance with the law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
k)
Inspect, resolve complaints and denunciations, and handle violations of the law
on natural disaster management under its competence;”;
6. The following clauses, and phrases are annulled:
a)
Annul Clause 3, Article 15; Clauses 3, 7, and 11, Article 42;
b)
Remove the phrase “district-level and” in Clause 1, Article 28; removing the
phrase “and district-level” in Clause 1, Article 43;
c)
Remove the phrase “inspection,” in Point i, Clause 2; Point d, Clause 8; Point
c, Clause 9; Point c, Clause 10; Point c, Clause 12; and Point d, Clause 13 of
Article 42.
7. Certain phrases are
replaced in the following clauses and points:
dd)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Ministry of Agriculture and Environment” in Clause 1, Article 10;
Clause 3, Article 13a; Clause 4, Article 14; Point b and Point c, Clause 7,
Article 15; Clause 3, Article 18a; Point d, Clause 3, Article 21; Point a,
Clause 3, Article 24; Clauses 3, 5, 6, and 7, Article 31; Point b, Clause 2,
Article 33; Clause 1, Article 40; and Clause 2, Article 42;
b)
Replace the phrase “Ministry of Natural Resources and Environment” with the
phrase “Ministry of Agriculture and Environment” in Clause 2, Article 17; Point
a, Clause 3, Article 24; and Clause 3, Article 40;
c)
Replace the phrase “Ministry of Planning and Investment” with the phrase
“Ministry of Finance” in Point c, Clause 3 and Clause 4, Article 16; and Clause
7, Article 31;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
Replace the phrase “People’s Committee at the district level” with the phrase
“People’s Committee at the commune level” in Point c, Clause 2, Article 33.
Article 10. Amendments to certain Articles of the Law on Water Resources
1. Clause 5 of Article 8 is amended as follows:
“5.
Encroaching on upon or filling in rivers, streams, canals or ditches or
channels without remedial measures, unless otherwise prescribed by law; placing
obstructions or obstacles, constructing architectural works, or planting trees
that cause blockage to flood drainage or water circulation in rivers, streams,
reservoirs, canals, ditches, or channels without remedial measures.".
2. Clause 1 of Article 12 is amended as follows:
“1.
Water resources planning includes:
a)
Water resources, irrigation, and natural disaster management planning, which is
a sectoral planning conducted in accordance with the law on planning. The
Ministry of Agriculture and Environment shall organize the formulation of water
resources, irrigation, and natural disaster management planning;
b)
Comprehensive planning for water resources and irrigation infrastructure of
inter-provincial river basins, which elaborates water resources, irrigation,
and natural disaster management planning.”
3.
Some Clauses of Article 17 are amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1.
The Ministry of Agriculture and Environment shall preside over and cooperate
with the Ministry of Industry and Trade, the Ministry of Construction, and
relevant Ministries, ministerial-level agencies, and Provincial People’s
Committees to organize the formulation and approval of comprehensive planning
for water resources and irrigation infrastructure of inter-provincial river
basins.”;
b)
Clause 5 is amended as follows:
“5.
The Government shall elaborate contents, formulation, appraisal, approval, and
adjustment of comprehensive planning for water resources and irrigation
infrastructure of inter-provincial river basins; provide a list of
inter-provincial river basins for which planning must be formulated.”.
4. Clause 6 of Article 26 is amended as follows:
6.
Chairpersons of Provincial People’s Committees shall determine and organize the
announcement of domestic water safeguard zones based on proposals from
organizations or individuals exploiting water resources for domestic use in
accordance with the regulations of the Minister of Agriculture and Environment.
In
cases where the domestic water safeguard zone exists in at least two provinces
or central-affiliated cities, the Chairperson of the People’s Committee or the
province where the water exploitation work is located shall preside over and
cooperate with relevant provinces to reach an agreement on the scope and
announce the domestic water safeguard zone.”.
5.
Some Clauses of Article 38 are amended as follows:
a)
Clause 7 and Clause 8 are amended as follows:
“7.
Responsibility for establishing reservoir and inter-reservoir operation
procedures:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In
cases where a Ministry, ministerial-level agency, Provincial People’s
Committee, or an organization managing or operating a dam or reservoir proposes
an adjustment to the inter-reservoir operation procedures, it shall formulate
an adjustment plan and send it to the Ministry of Agriculture and Environment
for appraisal and submission to the Prime Minister for approval, except for the
cases prescribed in Clause 9a of this Article;
b)
Organizations managing or operating dams or reservoirs shall formulate or
adjust reservoir operation procedures and submit them to competent authorities
for approval in accordance with the law on dam and reservoir safety management
and consistent with the inter-reservoir operation procedures.
8.
When technical infrastructure ensures the fulfillment of conditions and
requirements for real-time reservoir and inter-reservoir operation, the
formulation and adjustment of real-time inter-reservoir operation procedures
shall be carried out as follows:
a)
The Ministry of Agriculture and Environment shall organize the formulation or
adjustment of real-time inter-reservoir operation procedures and submit them to
the Prime Minister for approval, except for the cases prescribed in Clause 9a of
this Article.
In
cases where Ministries, ministerial-level agencies, Provincial People’s
Committees, or organizations managing or operating dams or reservoirs propose
an adjustment to the real-time inter-reservoir operation procedures, it shall
formulate an adjustment plan and send it to the Ministry of Agriculture and
Environment for appraisal and submission to the Prime Minister for approval,
except for the cases prescribed in Clause 9a of this Article;
b)
The Ministry of Agriculture and Environment, the Ministry of Industry and
Trade, and Provincial People’s Committees shall, within the scope of their
respective tasks and powers, consider and approve the procedures or adjustments
to real-time reservoir operation procedures at the proposal of organizations
managing or operating dams or reservoirs;
c)
Encourage organizations managing or operating dams or reservoirs to develop and
apply standards, conduct research, transfer, and apply advanced science and
technology for real-time reservoir operation; improve the efficiency of water
resource exploitation and use; and ensure safety and water supply for the
downstream area.”;
b)
Clause 9a is added after Clause 9 as follows:
“9a.
In case of internal adjustments to inter-reservoir operation procedures where
the operational principles are not changed, the Ministry of Agriculture and
Environment shall decide on the approval of such adjustments after solicit
opinions from the Ministry of Industry and Trade, the Ministry of Construction,
relevant Ministries, ministerial-level agencies, and Provincial People’s
Committees, and report the results of implementation to the Prime Minister.”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“10.
The Government shall elaborate this Article.”.
6. Point a and point b Clause 1 of Article 51 are amended as
follows:
“a)
The Ministry of Agriculture and Environment shall organize the formulation and
operation of the water resources monitoring network for inter-provincial
surface water sources, transboundary surface water sources, and groundwater sources
distributed across inter-provincial areas; monitoring of hydrometeorology and
water environmental quality. The formulation of water resources monitoring
network shall comply with the consolidation planning for water resources and
irrigation infrastructure of inter-provincial river basins;
b)
Provincial People’s Committees shall organize the formulation and operation of
the water resources monitoring network for surface water sources and
groundwater sources within their provinces that do not overlap with the
groundwater monitoring network formulated by the Ministry of Agriculture and
Environment. The formulation of the water resources monitoring network shall
comply with the provincial planning;”.
7. Article 53 is amended as follows:
“Article 53. Declaration, registration, and licensing of exploration,
exploitation, and use of water resources
1.
The Minister of Agriculture and Environment shall issue, extend, adjust,
re-issue, approve the return of, suspend, terminate, and revoke water resource
exploitation licenses and groundwater exploration licenses for large
exploitation scale works or water exploitation works with inter-regional or
inter-provincial impacts.
2.
Chairpersons of Provincial People’s Committees shall issue, extend, adjust,
re-issue, approve the return of, suspend, terminate, and revoke water resource
exploitation licenses and groundwater exploration licenses for cases not
specified in Clause 1 of this Article.
3.
Chairpersons of Commune-level People’s Committees shall organize the registration
of groundwater exploitation, receive declarations of groundwater exploitation
by households for domestic use.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
8. Clause 6 of Article 63 is amended as follows:
“6.
Lakes, ponds, lagoons, and swamps with functions of regulation, water supply,
inundation prevention and control, landscape and environmental creation, and
protection and preservation of religious and belief activities, cultural
values, and biodiversity must be included in the list of lakes, ponds, lagoons,
and swamps not to be leveled; such list shall be published for management and
protection.
Provincial
People’s Committees shall establish, disclose, and adjust the list of lakes,
ponds, lagoons, and swamps not to be leveled within their provinces.”.
9. Point d1 is added after point dd Clause 3 Article 80 as
follows:
"dd1)
Organize the response to and recovery from water source pollution incidents;
track, detect, and participate in resolving water source pollution incidents
according to its competence; organize the implementation of measures to
prevent, control, and overcome harmful effects caused by water;”.
10. The following clauses, points, and phrases are hereby
annulled:
a)
Annul Clause 4, Article 9; Point d, Clause 1, Article 10; Article 16; Point c,
Clause 1, and Clauses 3, 4, and 5 of Article 19; Point b, Clause 2, Article 26;
Articles 54, 55, 56, and 57; Clause 2, Article 80; Clause 3, Article 83; and Clause
1 and Clause 3 of Article 84;
b)
Remove the phrase “and provide for the formulation, appraisal, approval, and
adjustment of the master plan for basic survey of water resources” in Clause 5,
Article 9;
c)
Remove the phrase “, the master plan for basic survey of water resources” in
Clause 1, Article 11 and Point b, Clause 1, Article 80;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd)
Remove the phrase “district-level,” in Point d, Clause 2, Article 26 and Clause
3, Article 26;
e)
Remove the phrase “the Ministry of Transport,” in Clause 9, Article 63; remove
the phrase “, the Ministry of Transport” in Clause 5, Article 66;
g)
Remove the phrase “inspection,” in points dd and k, Clause 2, Article 79 and the
title of Chapter IX;
h)
Remove the phrase “the Ministry of Agriculture and Rural Development,” in Point
a, Clause 2, Article 36; Clause 2, Article 58; and Clause 6, Article 64;
i)
Remove the phrase “, the Ministry of Natural Resources and Environment” in
Clause 8, Article 50; remove the phrase “the Ministry of Natural Resources and
Environment,” in Point c, Clause 2, Article 84.
11. The following
phrases are hereby replaced:
a)
Replace the phrase “District-level People’s Committee” with the phrase “Provincial
People’s Committee” in Point d, Clause 3, Article 80.
b)
Replace the phrase “Ministry of Natural Resources and Environment” with the
phrase “Ministry of Agriculture and Environment” in Clause 3, Article 6; Clause
5, Article 7; Clause 1 and Point e, Clause 3, Article 9; Clause 3, Article 10;
Clause 4, Article 11; Clause 3, Article 12; Clause 2, Article 15; Clause 4,
Article 17; Clause 1 and Clause 4, Article 18; Clause 4 and Clause 5, Article
22; Clauses 5, 6, 7, and 9, Article 24; Clause 8, Article 31; Clauses 2, 3, and
6, Article 34; Clauses 3, 5, and 7, Article 35; Clause 1 and Point a, Clause 2,
Article 36; Clause 9, Article 38; Clause 3, Article 39; Point d, Clause 1, and
Point c, Clause 2, Article 51; Clause 2, Article 58; Clause 7, Article 63; Clause
6, Article 64; Clause 4, Article 71; Clause 2 and Clause 3, Article 77; Clauses
2, 6, 7, and 9, Article 79; Point g, Clause 1, Article 80; Clause 2, Article
81; and Point a, Clause 4, and Clause 5, Article 83;
c)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Ministry of Agriculture and Environment” in Clause 4, Article 27;
Clause 6, Article 35; Point b, Clause 2, Article 36; Clause 3, Article 43;
Clause 2, Article 44; Clause 8, Article 50; Clause 5, Article 66; and Clause 3,
Article 79;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd)
Replace the phrase “water resources planning” with the phrase “water resources,
irrigation, and natural disaster management planning” in Clause 8, Article 3;
Clause 1, Article 13; and Point a, Clause 2, Article 19;
e)
Replace the phrase “consolidated planning for inter-provincial river basins”
with the phrase “consolidated planning for water resources and irrigation
infrastructure of inter-provincial river basins” in Articles 13, 14, 15, 17,
18, and 19; Clause 5, Article 22; Clause 5, Article 24; Point b, Clause 1, and
Clause 5, Article 35; and Point g, Clause 1, Article 81;
g)
Replace the phrase “tasks” with the phrase “outline” in Clause 5, Article 13
and Article 15;
h)
Replace the phrase “technical and specialized planning” with the phrase
“detailed sectoral planning” in Clause 8, Article 3; Clause 3, Article 12;
Clause 3, Article 14; Point a, Clause 2, Article 24; Point a, Clause 1, Article
30; Point a, Clause 1, Article 41; Clause 1, Article 50; and Point b, Clause 4,
Article 81;
i)
Replace the phrase “national sectoral planning” with the phrase “sectoral
planning” in Clause 8, Article 3; Point a, Clause 2, Article 19; and Point b
and Point i, Clause 4, Article 81.
Article 11. Amendments to certain Articles of the Law on natural
resources and environment of sea and island
1. Clause 1 and Clause 2 of Article 14 are amended as follows:
“1.
Ministries, ministerial-level agencies, Governmental agencies, People’s
committees of coastal provinces and central-affiliated cities shall, based on
the needs for basic survey of marine and island resources and environment of
their sectors, fields, and provinces and Clause 2, Article 13 of this Law;
propose projects, schemes, and tasks to the Ministry of Agriculture and
Environment for consolidation and formulation of the Key Program for basic
survey of marine and island resources and environment.
The
Minister of Agriculture and Environment shall approve and adjust the Key
Program for basic survey of marine and island resources and environment.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Clause 2 and Clause 3 are amended; Clause 3a is added after
Clause 3 of Article 19 as follows:
“2.
The Minister of Agriculture and Environment shall issue, extend, amend,
supplement, suspend, and revoke decisions on issuance of scientific research permit for foreign organizations and individuals in the
following areas:
a)
Sea areas where the scope is located at least 02 provinces;
b)
Sea areas where the scope is located partially inside provincial administrative
boundaries;
c)
Sea areas where the scope is wholly located outside the provincial
administrative boundaries;
d)
Sea areas where the scope is wholly or partially located outside the
06-nautical-mile sea area measured from the MLLW line of the mainland or the
largest island of special administrative divisions, where the provincial
administrative boundaries have not been determined.
3.
Chairpersons of People’s Committees of coastal provinces or centrally-run
cities shall issue, extend, amend, supplement, suspend, and revoke scientific
research permits for foreign organizations and individuals conducting
scientific research in the following sea areas:
a)
Sea areas where the scope is wholly located inside the provincial
administrative boundaries;
b)
Sea areas where the scope is wholly located outside the 06-nautical-mile sea
area measured from the MLLW line of the mainland or the largest island of
special administrative divisions, where the provincial administrative
boundaries have not been determined.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Upon
the issuance, extension, amendment, and supplementation of scientific research
permits, the Minister of Agriculture and Environment or the Chairperson of the
People’s Committee of the coastal province or central-affiliated cities shall
notify relevant Ministries, ministerial-level agencies, and relevant agencies
for cooperation and management.“.
3. Article 29 is amended as follows:
“Article 29. Formulation, appraisal, approval, disclosure, implementation,
assessment, and adjustment of the planning on sustainable exploitation and use
of coastal resources
Contents,
competence, formulation, appraisal, approval, disclosure, implementation,
assessment, and adjustment of the general planning on sustainable exploitation
and use of coastal resources shall comply with the law on planning.”.
4. Clause 1 of Article 36 is amended as follows:
“The
Ministry of Agriculture and Environment shall preside over and cooperate with
relevant Ministries, ministerial-level agencies, and People’s Committees of
coastal provinces to formulate and adjust the consolidated programs for coastal
resource management in at least 02 provinces. The Minister of Agriculture and
Environment shall approve and adjust the consolidated programs for coastal
resource management in at least 02 provinces.”
5. Point d Clause 5 of Article 41 is amended as follows:
“d)
Other cases approved by the Chairperson of the People’s Committee of the
coastal province.”.
6. Clause 4 of Article 49 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The
Ministry of Agriculture and Environment shall preside over and cooperate with
relevant ministries, ministerial-level agencies, and People’s Committees of
coastal provinces to establish maps of risk zones of marine and island
environmental pollution. The Minister of Agriculture and Environment shall
approve the criteria for classifying risk zones of marine and island
environmental pollution.”.
7.
Some points and Clauses of Article 56 are amended as follows:
a)
Point a Clause 2 is amended as follows:
"a)
Preside over and cooperate with relevant Ministries and ministerial-level
agencies to promulgate or submit to competent authorities for promulgation
documents on remedial work and handling of incidents of oil and toxic chemical
spill;”;
b)
Clause 4 is amended as follows:
“4.
The Ministry of National Defense shall preside over and cooperate with relevant
Ministries and ministerial-level agencies to formulate and submit to the Prime
Minister for promulgation the Regulation on response for incidents of oil
spill; preside over and cooperate with relevant Ministries and
ministerial-level agencies to promulgate or submit to competent authorities for
promulgation documents on monitoring and assessment of risks of incidents of
oil and toxic chemical spill.
The
Ministry of Industry and Trade shall preside over and cooperate with relevant
ministries and ministerial-level agencies to formulate and submit to the Prime
Minister for promulgation the Regulation on response for incidents of toxic
chemical spill.”.
8.
Some points and Clauses of Article 59 are amended as follows:
a)
Point d Clause 1 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Clause 2 is amended as follows:
“2.
Validity period of the permit shall be considered on the basis of physical matters
subject to sea dumping, scale and nature of dumping, and areas used for dumping
and last no more than 03 years. Extension is allowed once but no more than 02
years.”.
9. Article 60 is amended as follows:
“Article 60. Issuance, re-issuance, extension,
supplements, amendments, returning and revocation of the permit for sea
dumping
1.
The Minister of Agriculture and Environment shall grant, extend, amend,
supplement, approve the return of, and revoke the permit for the following sea
areas:
a)
Sea areas where the scope is located at least 02 provinces;
b)
Sea areas where the scope is located partially inside provincial administrative
boundaries;
c)
Sea areas where the scope is wholly located outside the provincial
administrative boundaries;
d)
Sea areas where the scope is wholly or partially located outside the
06-nautical-mile sea area measured from the MLLW line of the mainland or the
largest island of special administrative divisions, where the provincial
administrative boundaries have not been determined.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Sea areas where the scope is wholly located inside the provincial
administrative boundaries;
b)
Sea areas where the scope is wholly located outside the 06-nautical-mile sea
area measured from the MLLW line of the mainland or the largest island of
special administrative divisions, where the provincial administrative
boundaries have not been determined.
3.
Applicants for a permit for sea dumping are not required to prepare a separate
application for allocation of areas used for dumping. The competent authority/person
shall consider the allocation of areas used for dumping during the appraisal
process for issuance of permit for sea dumping.
4.
Where the project only involves dredging and dumping at sea, the applicant are
not required to carry out procedures for appraising the environmental impact
assessment report for the project; and not required to prepare a separate
application for allocation of areas used for dumping. The contents regarding
environmental impact assessment and allocation of areas used for dumping shall
be specified in the application for sea dumping permit. The competent
authority/person shall grant the permit for sea dumping shall consider the
contents regarding environmental impact assessment and allocation of areas used
for dumping during the appraisal process for issuance of permit for sea dumping.
5.
The Government shall elaborate the issuance, re-issuance, extension,
supplements, amendments, returning and revocation of the permit for sea
dumping.”.
10. Point a Clause 2 of Article 61 is amended as follows:
“a)
Comply with the provisions of law on the management of marine and island
resources and environment, strictly implement the contents of sea dumpling
permit; comply with law on environmental protection and contents and
requirements for environmental protection as prescribed in sea dumpling
permit;”.
11. Clause 3 of Article 65 is amended as follows:
“3.
The Ministry of Agriculture and Environment shall preside over and cooperate
with relevant ministries, ministerial-level agencies, and People’s Committees
of coastal provinces to establish an integrated monitoring and supervision
system for marine and island resources and environment. The Minister of
Agriculture and Environment shall approve the monitoring and supervision system
for marine and island resources and environment.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“b)
Formulate and submit to the Government for approval, and organize the
implementation of the strategy for sustainable exploitation and use of resources
and protection of the marine and island environment; formulate, approve, and
adjust consolidated programs for coastal resource management in at least 02
provinces;
c)
formulate, approve, adjust, and organize the implementation of the Key Program
for basic survey of marine and island resources and environment; coordinate
with the Ministry of Science and Technology to consolidate, formulate, and
order the implementation of themes, projects, and tasks under the
national-level science and technology program on marine and island resources
and environment;
d)
Issue, extend, amend, supplement, approve the return of, and revoke sea dumping
permits according to its competence; issue, extend, amend, supplement, suspend,
and revoke scientific research permits for foreign organizations and
individuals in the maritime zones of Vietnam according to its competence;”.
13.
Some points and Clauses of Article 74 are amended as follows:
a)
Point d Clause 1 is amended as follows:
“d)
Issue, extend, amend, supplement, approve the return of, and revoke sea dumping
permits according to its competence; issue, extend, amend, supplement, suspend,
and revoke scientific research permits for foreign organizations and
individuals in the maritime zones of Vietnam according to its competence;”;
b)
Clause 3 is amended as follows:
“3.
People's Committees of coastal communes shall, within the scope of their duties
and powers, have the following responsibilities:
a)
organize the implementation of legislative documents on integrated management
of resources and protection of the marine and island environment;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Raise public awareness regarding the sea and islands, law regarding integrated
management of resources and protection of the marine and island environment;
d)
periodically consolidate and report to Provincial People's Committees on
integrated management of resources and protection of the marine and island
environment;
dd)
implement measures to protect marine and island resources that have not been
exploited or used in accordance with the law.”.
14. The following phrases are hereby removed:
a)
Annul Articles 27, 28, 30, 31, and 32; and Clause 2, Article 74;
c)
Remove the phrase “inspection” from point k Clause 2 Article 73.
15. The following
phrases are hereby replaced:
a)
Replace the phrase “Ministry of Natural Resources and Environment” with the
phrase “Ministry of Agriculture and Environment” in Clause 1, Article 11;
Clause 3, Article 13; Clause 3, Article 14; Article 16; Clause 3, Article 18;
Points g, h, and i, Clause 2, Article 20; Article 21; Clause 2, Article 36;
Clause 1, Article 38; Clause 4, Article 40; Article 44; Clause 3, Article 46;
Article 47; Clause 2, Article 48; Clause 2 and Clause 3, Article 50; Clause 2,
Article 56; Article 66; Clause 3, Article 67; Clause 3, Article 68; Clause 3,
Article 69; Clause 2 and Clause 3, Article 72; Clause 2 and Points c, e, g, and
i, Clause 3, Article 73; Point k, Clause 1, Article 74; Article 77; and Clause
1, Article 79;
b)
Replace the phrase “toxic chemicals” with the phrase “chemicals” in Clause 12
and Clause 13, Article 3; Point c, Clause 2, Article 20; the title of Chapter
VI; the title of Section 2, Chapter VI; Article 52; the title of Article 53 and
Clause 1, Article 53; the title of Article 55; the title of Article 56, Point
b, Clause 2, and Clauses 5, 6, and 7 of Article 56; Point g, Clause 2 and Point
e, Clause 3, Article 73; Point g, Clause 1, Article 74; and Point dd, Clause
2, Article 76;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 12. Amendments to certain Articles of the Law on Veterinary
Medicine
1. Article 6 is amended as follows:
“Article 6. System of veterinary authorities
1.
The system of veterinary authorities shall be organized from the central to
provincial levels.
2.
The veterinary staff of communes shall perform the management of livestock
production and veterinary in the commune.”.
2. Clause 5 of Article 8 is amended as follows:
“5.
The Minister of Science and Technology shall cooperate with the Minister of
Agriculture and Environment to manage scientific research, technological
development and transfer, and formulate standards and technical regulations
related to veterinary medicine in accordance with the law on standards and
technical regulations.”.
3.
Clause 3 and point d Clause 3 Article 9 are amended and supplemented as follows:
a)
The opening paragraph Clause 3 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Point d Clause 3 is amended as follows:
“d)
organize the forecasting and warning of animal epidemics; Allocate funding and
organize the prevention and fighting against animal epidemics; total up, assess
and provide support for raisers for the damage from animal epidemics; and
perform veterinary statistics;”.
4.
Some Clauses of Article 19 are amended as follows:
a)
Point c Clause 2 is amended as follows:
“c)
Report to the commune-level People’s Committee.”.
a)
The opening paragraph Clause 3 is amended as follows:
“3.
Upon receiving notification about animals that are infected, dead or suspected
of an infectious disease, the People’s Committee of commune shall direct and
organize the implementation of the following tasks:”
c)
Point d Clause 3 is amended as follows:
“d)
Report to the People’s Committee and veterinary authority of the
province.".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“b)
Direct veterinary staff of communes, relevant organizations and individuals to
inspect and supervise livestock owners and livestock facility owners in the
isolation of infected animals, statistize the amount of infected animals,
animals susceptible to animal diseases, cooperate with veterinary authorities
of provinces in collecting pathological samples; identify animal diseases
outbreaks, make disclosure on local mass media, and provide guidance on
implementation of veterinary hygiene measures in breeding, slaughter,
transport, and trading of animals and animal products; and allocating funds for
handling animal disease outbreaks;”.
6. Clause 4 and Clause 5 of Article 26 are amended as follows:
“4.
Competence in disclosure of terrestrial animal epidemics:
a)
The Chairperson of the People’s Committee of commune shall, based on the
proposal of commune-level specialized authorities, decide to disclose animal epidemics
when the conditions prescribed in Clause 2 of this Article are fully met and
the epidemic occurs within the scope of the commune;
b)
The Chairperson of the People’s Committee of province shall, based on the
proposal of provincial-level veterinary authority, decide to disclose animal
epidemics when the conditions prescribed in Clause 2 of this Article are fully
met and the epidemic occurs within the scope of at least 02 commune-level
administrative divisions;
5.
The Minister of Agriculture and Environment shall, based on the proposal of
central-level veterinary authority, decide to disclose animal epidemics when
the conditions prescribed in Clause 2 of this Article are fully met and the
epidemic occurs within the scope of at least 02 provincial-level administrative
divisions; inspect, urge, and supervise the epidemic disclosure by the
Chairpersons of the People’s Committees in provinces/communes.”.
7.
Some points and Clauses of Article 27 are amended as follows:
a)
Point a Clause 3 is amended as follows:
“a)
Direct the commune-level People’s Committee, provincial-level veterinary
authorities, and relevant agencies, organizations, and individuals to implement
animal disease prevention and control measures; mobilize local resources for animal
disease prevention and control; and perform inspection and examination of the
implementation of animal disease prevention and control;”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“dd)
Submit to the Chairperson of the Provincial People’s Committee for decision on
the support of funds, supplies, and resources when the requirements for animal
disease prevention and control exceed capacities of the commune;
e)
Report to the Chairperson of the Provincial People’s Committee on the results
of animal disease prevention and control and the implementation of support
policies for disease prevention and control, remediation of disease
consequences and animal-raising in the commune.”.
8. Points dd, e, and g Clause 4 of Article 33 are amended as
follows:
“dd)
Organize the implementation of animal disease prevention and control measures
under the direction of the Provincial People’s Committee;
e)
Submit to the Chairperson of the Provincial People’s Committee for decision on
the support of funds, supplies, and resources when the requirements for animal
disease prevention and control exceed capacities of the commune;
g)
Report to the Chairperson of the Provincial People’s Committee on the results
of animal disease prevention and control and the implementation of support
policies for disease prevention and control;”.
9.
Some points and Clauses of Article 35 are amended as follows:
a)
Point dd and points dd and e Clause 5 are amended as follows:
“dd)
Submit to the Chairperson of the Provincial People’s Committee for decision on
the support of funds, supplies, and resources when the requirements for animal
disease prevention and control exceed capacities of the commune;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
The opening paragraph Clause 7 is amended as follows:
“7.
Commune-level veterinary staff shall have the following responsibilities:”;
c)
Point d Clause 7 is amended as follows:
“d)
Collect pathological samples according to the guidance of the provincial-level
veterinary authorities.”.
10. Point d Clause 1 of Article 36 is amended as follows:
“d)
A written proposal for declaration about the termination of animal
epidemics from the provincial-level veterinary authority, which is
appraised and recognized by the central-level veterinary authority.”.
11. Point dd Clause 3 of Article 37 is amended as follows:
“dd)
Regulations on contents, procedures for quarantine of animals/animal products
that are transported out of a province; exported, imported, temporarily
imported, temporarily exported, transited through Vietnam’s territory;
terrestrial animals participating in fairs, exhibitions, sports competitions,
and artistic performances; terrestrial animal products participating in fairs
and exhibitions; animals and animal products carried along by persons; grant
animal number, seal vehicles for transporting/containing animals/animal
products subject to quarantine; and the transport of pathological samples.”.
12. Article 39 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
Organizations and individuals, when transporting animals and animal products
prescribed in Clause 1, Article 37 of this Law; departed from establishments
certified epidemic-free or participate in the program on supervision of
epidemic or receive epidemic prevention by vaccine that is still effective or
animal products departed from a preparation establishment/processing
establishment receiving periodic inspection of veterinary hygiene shall send an
application for quarantine to provincial-level veterinary authorities.
2. The Minister of Agriculture and Environment shall provide
for the contents and procedures for quarantine of terrestrial animals and
products thereof that are transported out of a province.”.
13. b) Clause 4 is added after Clause 3 Article 41 as follows:
“4.
The Minister of Agriculture and Environment shall provide for the contents and
procedures for quarantine of exported terrestrial animals and products
thereof.”.
14. Article 46 is amended as follows:
“Article 46. Procedures for quarantine of exported
terrestrial animals and products thereof
1.
Any importers of animals and/or animal products included in List of terrestrial
animals and products thereof subject to quarantine shall submit an application
for quarantine to the Ministry of Agriculture and Environment.
2.
Based on the epidemic situation and the epidemic surveillance, veterinary
hygiene management systems of the exporting country, the Ministry of
Agriculture and Environment shall issue written instructions to relevant
organizations and individuals on the quarantine of imported animals and
products thereof.
If
animals/animal products are initially imported into Vietnam or are exported
from a country/region with high risk of animal epidemic, such animals/animal
products shall undergo the risk analysis made by the Ministry of Agriculture
and Environment in accordance with Article 43 of this Law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. The Minister of Agriculture and Environment shall provide
for the contents and procedures for quarantine of imported terrestrial animals
and products thereof.”.
15. Article 49 is amended as follows:
“Article 49. Procedures for quarantine of terrestrial
animals and products thereof which are temporarily imported, temporarily
exported or transited through Vietnamese territory
1.
Any organizations/individuals that carries out the temporary import, temporary
export or transit through Vietnam of animals and/or animal products included in
List of terrestrial animals and products thereof subject to quarantine shall
submit an application for quarantine to the Ministry of Agriculture and
Environment.
2.
Based on the epidemic situation and the epidemic surveillance, veterinary
hygiene management systems of the exporting country, the Ministry of
Agriculture and Environment shall issue written instructions to relevant
organizations and individuals on the quarantine of animals/animal products that
are imported, temporarily exported or transited through Vietnamese territory.
3.
At the checkpoints, upon a satisfactory declaration, the central-level
veterinary authority shall decide and notify the applicant to perform the
quarantine as per laws.
4. The Minister of Agriculture and Environment shall specify
contents, procedures for quarantine of terrestrial animals and products thereof
which are temporarily imported, temporarily exported or transited through
Vietnamese territory.”.
16. The title of Article 50 is amended as follows:
“Article 50. Contents for quarantine of terrestrial animals and products
thereof which are temporarily imported, temporarily exported or transited
through Vietnamese territory”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“dd)
Regulations on contents, procedures for quarantine of aquatic animals and
products thereof that are transported out of a province; exported, imported,
temporarily imported, temporarily exported, transited through Vietnam’s
territory; aquatic animals participating in fairs, exhibitions, sports
competitions, and artistic performances; aquatic animal products participating
in fairs and exhibitions; and the transport of pathological samples.”.
18. Article 55 is amended as follows:
“Article 55. Procedures for quarantine of aquatic animals
and products thereof that are transported out of a province
1.
Organizations and individuals, when transporting aquatic animals and products
thereof prescribed in Clause 1, Article 53 of this Law; aquatic breeding
animals departed from establishments certified epidemic-free or participate in
the program on supervision of epidemic shall send an application for
quarantine to provincial-level veterinary authorities.
2. The Minister of Agriculture and Environment shall provide
for the contents and procedures for quarantine of aquatic animals and products
thereof that are transported out of a province.”.
19. Article 56 is amended as follows:
“Article 56. Procedures and contents of quarantine of
aquatic animals and products thereof that are exported not for use as food
1.
Exported aquatic animals and products thereof not for use as food included in
the List of aquatic animals and products thereof subject to quarantine shall be
granted a quarantine certificate before export at the request of the importing
country or the owner of the goods; if the importing country or the owner of the
goods does not require quarantine, it shall comply with regulations on
quarantine of aquatic animals and products thereof that are transported
out of a province.
2.
The Minister of Agriculture and Environment shall provide for the contents and
procedures for quarantine of exported aquatic animals and products thereof that
are exported not for use as food.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 57. Quarantine of aquatic animals and products thereof that are
exported for use as food
1.
Any organizations/individuals wishing to export aquatic animals and products
thereof on the List of aquatic animals and products thereof subject to
quarantine for use as food shall submit an application for quarantine to the
Ministry of Agriculture and Environment.
2. The Minister of Agriculture and Environment shall provide
for the contents and procedures for quarantine of exported aquatic animals and
products thereof that are exported for use as food.”.
21. Article 58 is amended as follows:
“Article 58. Quarantine of aquatic animals and products thereof that are
exported, imported, temporarily imported, temporarily exported, transited through
Vietnam’s territory; aquatic animals participating in fairs, exhibitions,
sports competitions, and artistic performances; aquatic animal products
participating in fairs and exhibitions; and the transport of pathological
samples
The
quarantine of aquatic animals and products thereof that are exported, imported,
temporarily imported, temporarily exported, transited through Vietnam’s
territory; aquatic animals participating in fairs, exhibitions, sports
competitions, and artistic performances; aquatic animal products participating
in fairs and exhibitions; and the transport of pathological samples shall
comply with Articles 44, 46, 47, 49, 50, 51 and 52 of this Law.”.
22. Clause 3 of Article 76 is amended as follows:
“3.
The commune-level People's Committee shall:
a)
Cooperate with competent authorities to organize the construction and
implementation of a network of centralized animal slaughterhouses;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Direct and organize the inspection of veterinary activities, settle complaints
and denunciations, and handle violations of the law on veterinary according to
its competence.”.
23. Clause 1 and Clause 2 of Article 78 are amended as follows:
“1.
Veterinary drug must satisfy the requirements for quality according to the
technical standards and must be granted marketing authorization certificate of
veterinary drugs in Vietnam.
2.
Veterinary drugs that have possessed a valid marketing authorization
certificate of veterinary drugs in Vietnam shall be exempt from performing a
declaration of conformity.”.
24. Article 80 is amended as follows:
“Article 80. Marketing authorization of veterinary drugs
1.
Manufacturers and importers of veterinary drugs shall register for marketing
authorization of veterinary drugs with the Ministry of Agriculture and
Environment in the following cases:
a)
New veterinary drugs manufactured domestically;
b)
Veterinary drugs imported into Vietnam for initial trading or manufacture.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3.
The Minister of Agriculture and Environment shall specify the procedures for
issuance of marketing authorization certificates for veterinary drugs in
Vietnam.“
25. Article 81 is amended as follows:
“Article 81. Extension of marketing authorization certificates for
veterinary drugs
1.
Within 03 months prior to the expiry date of the marketing authorization
certificate for veterinary drugs, organizations or individuals shall submit an
extension application.
2.
Marketing authorization certificate for veterinary drugs shall be extended for
a term of 05 years.
3.
The Minister of Agriculture and Environment shall specify the procedures for
extending marketing authorization certificates for veterinary drugs in Vietnam.“
26. Article 82 is amended as follows:
“Article 82. Re-issuance of marketing authorization certificates for
veterinary drugs
1.
The marketing authorization certificate for veterinary drugs shall be reissued
in the following cases:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Errors; changes in product information that do not affect the quality of the
veterinary drug or information related to the manufacturer or marketing
authorization of the veterinary drug.
2.
The registration for re-issuance of the marketing authorization certificate of
the veterinary drugs for the cases prescribed in point a Clause 1 of this
Article shall be implemented as the first-time registration.
3.
The Minister of Agriculture and Environment shall specify the procedures for
reissuance of marketing authorization certificates in Vietnam.”
27. Article 85 is amended as follows:
“Article 85. Issuance of Veterinary drug testing licenses
1.
Organizations and individuals shall apply for Veterinary drug testing licenses with
the Ministry of Agriculture and Environment.
2.
The Veterinary drug testing license shall be valid for a term of 05 years.
3.
The Minister of Agriculture and Environment shall specify the procedures for
issuance of Veterinary drug testing licenses.”.
28. Article 86 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
A Veterinary drug testing license shall be re-issued if it is incorrect or
there is change in name of drug or information of the applicant.
2.
The Minister of Agriculture and Environment shall specify the procedures for
reissuance of Veterinary drug testing licenses.”.
29. Point a Clause 1 of Article 91 is amended as follows:
“a)
Manufacture and trade veterinary drugs that are granted the marketing
authorization certificate in Vietnam;”.
30. Clause 1 of Article 94 is amended as follows:
“1.
Satisfy the requirements specified in Clauses 2 and 3, Article 92 of this Law.”.
31. Point d Clause 1 of Article 95 is amended as follows:
“d)
They are entitled to import and trade veterinary drugs that have been granted a
marketing authorization certificate in Vietnam and have other rights in
accordance with the provisions of law.”.
32. Article 96 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
The Chairperson of the Provincial People’s Committee shall issue, re-issue,
extend, and revoke Certificates of eligibility to manufacture veterinary drugs,
except for manufacture of veterinary drugs in the form of pharmaceuticals or
vaccines.
2.
The Minister of Agriculture and Environment shall issue, re-issue, extend, and
revoke Certificates of eligibility to manufacture veterinary drugs in the form
of pharmaceuticals or vaccines.
3.
A Certificate of eligibility to manufacture veterinary drugs shall be revoked
in the following cases:
a)
It is erased or has its contents modified;
d)
Veterinary drug manufacture activities are no longer maintained;
c)
Other violations occur for which the law stipulates that the Certificate of
eligibility to manufacture veterinary drugs must be revoked.
4.
The Government shall specify regulations on issuance, re-issuance, extension,
and revocation of Certificates of eligibility to manufacture veterinary
drugs.".
33. Article 97 is amended as follows:
“Article 97. Issuance, re-issuance, extension, and revocation of
Certificates of eligibility to trade veterinary drugs
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
A Certificate of eligibility to trade veterinary drugs shall be revoked in the
following cases:
a)
It is erased or has its contents modified;
b)
Veterinary drug trading activities are no longer maintained;
c)
Other violations occur for which the law stipulates that the Certificate of
eligibility to trade veterinary drugs must be revoked.
3.
The Government shall specify regulations on issuance, re-issuance, extension,
and revocation of Certificates of eligibility to trade veterinary drugs.".
34. Article 98 is amended as follows:
“Article 98. Issuance, re-issuance, extension, and revocation of
Certificates of eligibility to import veterinary drugs
1.
The Chairperson of the Provincial People’s Committee shall issue, re-issue,
extend, and revoke Certificates of eligibility to import veterinary drugs
2.
A Certificate of eligibility to import veterinary drugs shall be revoked in the
following cases:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
Veterinary drug import activities are no longer maintained;
c)
Other violations occur for which the law stipulates that the Certificate of
eligibility to import veterinary drugs must be revoked.
3.
The Government shall specify regulations on issuance, re-issuance, extension,
and revocation of Certificates of eligibility to import veterinary drugs.".
35.
Some Clauses of Article 100 are amended as follows:
a)
Clause 4 is amended as follows:
“4.
Importers of vaccine or microorganism prescribed in Clause 1 of this Article
and veterinary drugs/veterinary drug materials specified in clauses 2 and 3 of
this Article shall submit an application for importing veterinary
drugs/veterinary drug materials to the Ministry of Agriculture and
Environment.
The
Minister of Agriculture and Environment shall specify the procedures for
registration of import of veterinary drugs/veterinary drug materials.”;
b)
Clause 6 is amended as follows:
“6.
The Chairperson of the Provincial People’s Committee shall organize the
inspection of quality of imported veterinary drugs at border gates in
accordance with law.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 109. Issuance, re-issuance, and extension of
Veterinary practice certificates
1.
The Chairperson of the Provincial People’s Committee shall issue, reissue, and
extend Veterinary practice certificates as prescribed in Article 107 of
this Law.
2.
A Veterinary practice certificate shall be valid for 05 years.
3.
The Government shall specify the procedures for the issuance, re-issuance, and
extension of Veterinary practice certificates.”.
37. The following clauses, points, and phrases are hereby
annulled:
a)
Annul Clause 10, Article 8; Clause 2, Article 9; Clause 4, Article 25; Clause
4, Article 27; Clause 5, Article 33; Clause 4, Article 35; Article 42; Article
45; Article 48; Clause 4, Article 62; Point b, Clause 2, Article 73; Clause 2,
Article 76; Point b, Clause 4, Article 78; Clause 2, Article 88; Clause 1 and
Clause 6, Article 90; Clause 1, Article 92; Clause 2, Article 99; Point b,
Clause 1, Article 108; and Article 110;
b)
Remove the phrase “inspection” from Point i, Clause 2, Article 8.
38. The following
phrases are hereby replaced:
a)
Replace the phrase “nhân viên thú y xã, phường, thị trấn” (“veterinary staff of
communes, wards, commune-level towns”) with the phrase “nhân viên thú y cấp xã”
(“commune-level veterinary staff”) in Point h, Clause 2, Article 8; replace the
phrase “nhân viên thú y cấp xã” with the phrase “thú y xã" (both mean
"commune-level veterinary staff") in Clause 1 and Clause 2, Article
19; Clause 2, Article 20; Point d, Clause 1, and Clause 2, Article 25; Clause 8
and Point b, Clause 9, Article 27; Point d, Clause 1, Clause 2, and Point a,
Clause 4, Article 33;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Replace the phrase “Ministry of Information and Communications” with the phrase
“Ministry of Culture, Sports and Tourism” in Clause 9, Article 8;
d)
Replace the phrase "Ministry of Transport" with the phrase
"Ministry of Construction" in Clause 11, Article 8;
dd)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Ministry of Agriculture and Environment” in Clause 2 Article 114;
e)
Replace the phrases “Ministry of Agriculture and Rural Development” with the phrase
“Ministry of Agriculture and Environment” in Point a, Clause 3, Article 7;
Article 8; Clause 2, Article 11; Clause 6, Article 15; Clause 3, Article 17;
Clause 4 and Clause 5, Article 18; Clause 4, Article 19; Clause 1, Article 20;
Point a, Clause 1, and Clause 2, Article 22; Clause 6, Article 26; Point c,
Clause 1, Clause 2, and Point d and Point dd, Clause 3, Article 27; Clause 2,
Article 28; Clause 2 and Clause 8, Article 30; Clause 1, Article 31; Clause 4,
Article 32; Clause 2 and Point dd and Point e, Clause 3, Article 35; Clause 3,
Article 37; Clause 3 and Clause 4, Article 40; Clause 3, Article 53; Clause 1,
Article 61; Article 74; Clause 4, Article 78; Clause 1, Article 84; Point c,
Clause 1, Article 87; Point b, Clause 3, Article 100; Clause 5, Article 101;
and Clause 2 and Clause 4, Article 114.
Article 13. Amendments to certain Articles of the Law on Irrigation
1. Clause 1 of Article 21 is amended as follows:
“1.
Responsibilities for management of state-funded irrigation projects shall be
subject to the following provisions:
a)
The Ministry of Agriculture and Environment shall manage particularly important
irrigation works;
b)
The Ministry of Agriculture and Environment and Provincial People’s Committees
shall manage irrigation works whose operation and protection involve at least
02 provincial-level administrative divisions according to the list prescribed
by the Minister of Agriculture and Environment;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Clause 3 of Article 24 is amended as follows:
“3.
The authority to approve and disclose the operational process of irrigation
works is prescribed as follows:
a)
The Minister of Agriculture and Environment shall approve and disclose the
operational process of particularly important irrigation works and irrigation
works whose operation and protection involve at least 02 provincial-level
administrative divisions;
b)
Chairpersons of Provincial People’s Committees shall perform or assign
commune-level People’s Committees to approve and disclose the operational
process of irrigation works in their communes, except for the cases prescribed
in point a of this Clause and Clause 4 of this Article.”.
3.
Some Clauses of Article 41 are amended as follows:
a)
Clause 3 is amended as follows:
“3.
Chairpersons of Provincial People’s Committees shall approve plans for
protection of irrigation works or assign Chairpersons of commune-level People’s
Committees to approve plans for protection of irrigation works in their
communes, except for irrigation works prescribed in Clause 4 of this Article.”;
b)
Clause 5 is added after Clause 4 as follows:
“5.
The Government shall elaborate this Article.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“2.
Chairpersons of Provincial People’s Committees shall perform or assign
Chairpersons of commune-level People’s Committees to issue operational licenses
within the protection scope of irrigation works.”.
5.
Some Clauses of Article 52 are amended as follows:
a)
Clause 1 is amended as follows:
“1.
The transfer and withholding of the right to manage and
operate state-invested small-scale and inter-field irrigation works shall be decided
by the owner in the form of transfer or withholding the works, ensuring
compliance with the law on irrigation and other relevant laws.”;
b)
Clause 4 is added after Clause 3 as follows:
“4.
The Minister of Agriculture and Environment shall elaborate this Article.”.
6. Clause 3 of Article 57 is amended as follows:
“3.
The commune-level People's Committee shall:
a)
Organize the implementation of legislative documents on irrigation;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
direct the operations of organizations and individuals managing, exploiting,
and protecting irrigation works in the commune;
d)
organize the implementation of the duties of grassroots irrigation
organizations in cases where such organization has not been established;
dd)
mobilize local resources in accordance with laws to handle incidents of
irrigation works;
e)
organize statistics, formulation, and management of irrigation databases;
g)
raise public awareness of law on irrigation;
h)
inspect the implementation of license contents for irrigation work protection
activities;
i)
provide periodic and ad-hoc reports on irrigation activities in the commune;
k)
inspect and handle violations; receive citizens and settle complaints and
denunciations regarding irrigation.”.
7. The following clauses, points, and phrases are hereby
annulled:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Remove the phrase “, planning” in Article 1 and the title of Chapter II;
c)
Remove the phrase "district-level People’s Committees," in Clause 3,
Article 48;
d)
Remove the phrase “Ministry of Natural Resources and Environment,” in Point c,
Clause 2, Article 56;
dd)
Remove the phrase “Inspection,” in Point p, Clause 2, Article 56.
8. Certain phrases are
replaced in the following clauses and points:
a)
Replace the phrase “irrigation planning” with the phrase “planning in
accordance with the law on planning” in point a, Clause 1, Article 17;
b)
Replace the phrase “approved irrigation planning” with the phrase “sectoral
planning, regional planning, detailed sectoral planning, and provincial
planning relevant to irrigation” in Clause 1 Article 47;
c)
Replace the phrase “irrigation planning” with the phrase “relevant planning on
irrigation” in Clause 2, Article 2 and Point a, Clause 1, Article 5; replace
the phrase “irrigation planning” with the phrase “detailed sectoral planning,
provincial planning relevant to irrigation, urban and rural planning” in Clause
1, Article 49; replace the phrase “planning on natural disaster management and
irrigation, irrigation planning” with the phrase “planning relevant to
irrigation” in Point a, Clause 2, Article 56; replace the phrase “national
sectoral planning” with the phrase “sectoral planning” in Point d, Clause 2,
Article 56;
d)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Ministry of Agriculture and Environment” in Clause 11, Article 2;
Clause 3 and Point a, Clause 4, Article 9; Clause 3, Article 10; Clause 5,
Article 24; Clause 3, Article 33; Clause 2, Article 35; Point dd, Clause 2,
Article 42; Clause 3, Article 43; Point b, Clause 3 and Clause 5, Article 45;
Clause 6, Article 50; Clause 2 and Clause 3, Article 56; and Point k, Clause 1,
Article 57.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Clause 3 of Article 11 is amended as follows:
“3.
Contents, competence, formulation, appraisal, approval, disclosure,
implementation, assessment, and adjustment of the planning for protection and
exploitation of aquatic resources shall comply with the law on planning.”.
2. Clause 4 and point a Clause 5 of Article 13 are amended as
follows:
“4.
The Minister of Agriculture and Environment shall:
a)
Provide criteria for determining fisherise and fishing gear banned from use in
commercial fishing and the list of areas banned from commercial fishing for a
fixed term;
b)
Issue the List of fisherise and fishing gear banned from use for aquatic
resource exploitation in offshore waters;
c)
Issue the List of areas banned from aquatic resource exploitation for a fixed
term in offshore waters, in both inshore and offshore waters; and inshore or
inland waters whose scope is within at least 02 provincial-level administrative
divisions.
5.
The provincial-level People's Committee shall:
a)
Issue the List of fisheries and fishing gear banned from aquatic resource
exploitation, List of areas banned from aquatic resource exploitation for a
fixed term in coastal waters, inshore waters, and inland waters, based on the
criteria for determining fisheries, fishing gear, and areas banned from aquatic
resource exploitation of the Minister of Agriculture and Environment;”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“3.
Establishment of national marine protected areas:
a)
The Minister of Agriculture and Environment shall decide on the establishment
on marine protected areas located at least 02 provinces and marine protected
areas where the scope is wholly located outside the provincial administrative
boundaries;
b)
Chairpersons of Provincial People’s Committees shall decide on the
establishment on marine protected areas wholly located within the
administrative boundaries of their provinces; and marine protected areas where
the scope is partially located inside the administrative boundaries of their
provinces.
4.
The Minister of Agriculture and Environment shall specify regulations on
management of marine protected areas;
5.
The person having authority to establish a marine protected area shall issue
the Regulation on management of marine protected areas under their
jurisdiction.”.
4. Clause 2 and Clause 3 of Article 17 are amended as follows:
“2.
The authority to issue the List of aquatic resource protection areas is
prescribed as follows:
a)
The Minister of Agriculture and Environment shall issue the List of aquatic
resource protection areas where the scope is located in at least 02 provinces;
b)
Chairpersons of Provincial People’s Committees shall issue the List of aquatic
resource protection areas in coastal waters, inshore waters, and inland waters
under their management;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5.
Some points and Clauses of Article 23 are amended as follows:
a)
Point b Clause 1 is amended as follows:
b)
It has declaration of applied standards in accordance with regulations;”;
b)
Point a Clause 2 is amended as follows:
“a)
Provide regulations on the duration for using broodstock; issue the List of
aquatic species permitted for trading in Vietnam;”.
6.
Some points and Clauses of Article 28 are amended as follows:
a)
Point a Clause 2 is amended as follows:
“a)
It has technical staff who possess a university degree or higher in
aquaculture, aquatic pathology, or biology;”;
b)
Clause 4 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
7.
Some points and Clauses of Article 31 are amended as follows:
a)
Point a Clause 1 is amended as follows:
a)
It has declaration of applied standards in accordance with regulations;”;
b)
Point a Clause 2 is amended as follows:
“a)
Issue national technical regulations on aquatic feed and aquaculture
environmental treatment products in accordance with regulations;”;
8. Point b Clause 1 of Article 37 is amended as follows:
b)
Perform the declaration of applied standards in accordance with regulations;”.
9. Clause 3 of Article 40 is amended; Clause 4 is added after
Clause 3 of Article 40 as follows:
“3.
The Minister of Agriculture and Environment shall specify procedures for
certifying the origin of the aquatic species prescribed in Clause 2 of this
Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10. Article 44 is amended as follows:
“Article 44. Allocation of sea areas for aquaculture
1.
Organizations and individuals performing aquaculture at sea shall have a
aquaculture plan or project and be allocated a marine area for aquaculture by a
competent authority/person.
2.
The allocation of sea areas for aquaculture shall comply with national marine
spatial planning, the master plan on exploitation and use of coastal resources,
provincial planning, law on fisheries, and law on sea and islands; ensuring
national security and defense.
3.
Cases exempt from fees for use of aquaculture sea areas:
a)
Vietnamese individuals who switch from inshore fishing to aquaculture under a
decision issued by a competent authority and whose aquaculture area is located
within the 3-nautical-mile area measured from the MLLW line of the mainland or
the island;
b)
Vietnamese individuals residing in a commune-level administrative division unit
whose primary income is from aquaculture and whose aquaculture area is located
within the 3-nautical-mile area measured from the MLLW line of the mainland or
the island.
4.
The duration for allocating a sea area for aquaculture shall not exceed 50
years from the effective date of the decision on area allocation. Upon expiry
of the allocation term, if the organization or individual wishes to continue
using the allocated area, the State of Vietnam shall consider an extension. The
extension may be granted multiple times, provided the total extension period
shall not exceed 20 years.
5.
The Government shall elaborate this Article.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“2.
Individuals who are allocated sea areas for aquaculture as prescribed in Clause
3, Article 44 of this Law shall have the rights prescribed in Clause 1 of this
Article and the right to mortgage assets under their ownership attached to the
allocated marine area at credit institutions in accordance with the provisions
of law.”.
12.
Some points and Clauses of Article 50 are amended as follows:
a)
Clause 2 is amended as follows:
“2.
The Government shall specify conditions for issuance of Commercial
fishing licenses.”;
b)
Point d is amended; point dd is added after point d Clause 5 as follows:
“d)
It fail to fully satisfy the conditions for issuance of Commercial fishing
licenses as prescribed by the Government;
dd)
Other cases as prescribed by the Government.”.
13. Clause 2 of Article 55 is amended as follows:
“2.
There are investment registration certificates issued by competent authorities
or cooperation projects on fisheries exploitation approved by the Minister
of Agriculture and Environment, or a cooperation project on investigation and
assessment of aquatic resources, technical training, technology transfer in
fisheries, or purchase and transport of aquatic products within Vietnam’s
maritime boundary that have been approved by the Minister of Agriculture and Environment
or the Chairperson of the Provincial People’s Committee.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
14. Article 63 is amended as follows:
“Article 63. Conditions for fishing vessel building and modification
facilities
1.
It has suitable facilities, equipment, and personnel
2.
It has a quality management system and technological processes that meet
requirements.”.
15.
Some Clauses of Article 69 are amended as follows:
a)
Clause 1 is amended as follows:
“1. The Minister of Agriculture and Environment shall
issue, re-issue, and revoke Certificates of eligibility for fishing vessel
registry facilities for those under the management of the Ministry of
Agriculture and Environment. The Chairperson of the Provincial People’s
Committee shall issue, re-issue, and revoke Certificates of eligibility for
fishing vessel registry facilities for those located within their provinces. Competent authorities shall conduct inspections of
conditions of the fishing vessel registry facility every 24 months.”;
b)
Clause 4 is amended as follows:
“4. The Government shall specify the procedures for
recognizing eligible fishing vessel registry facilities. The Minister of Agriculture and
Environment shall promulgate national technical regulations on classification
and building of fishing vessels; ships of fishery authority; provide for
standards, training, and retraining for fishing vessel registrars; issue and
revoke cards and technical seals for fishing vessel registrars.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 72. De-registration of fishing vessels
The Government shall provide for cases of de-registration
of fishing vessels. Upon de-registration, the competent authority shall revoke
the fishing vessel registration certificate, delete the vessel's name from the
national fishing vessel register, and issue a de-registration certificate to
the vessel owner.”.
17. Clause 3 of Article 77 is amended as follows:
“3.
Contents, competence, formulation, appraisal, approval, disclosure,
implementation, assessment, and adjustment of the fishing ports and storm
shelters for fishing vessels shall comply with the law on planning.”.
18. Article 78 is amended as follows:
“Article 78. Classification, opening, and closing of fishing ports
1.
Classification of fishing ports:
a)
Class I fishing ports;
b)
Class II fishing ports;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
The Minister of Agriculture and Environment shall elaborate criteria for Class
I, Class II, and Class III fishing ports and the conditions, competence, and
procedures for opening and closing fishing ports.”.
19. The following
phrases are added:
a)
Add the phrase “, innovation” after the phrase “Development of science and
technology” in Point a, Clause 2, Article 6; and after the phrase
“technological development” in Clause 3, Article 8; and Point e, Clause 2,
Article 101;
b)
Add the phrase “,technological development, and innovation” after the phrase
“application of science and technology” in Point a, Clause 1, Article 14;
c)
Add the phrase “and regulations of the Government” after the phrase “at the
request of the importing country” in Clause 1, Article 66.
20. The following clauses, points, and phrases are hereby
annulled:
a)
Annul Clause 2, Article 11; Clause 3, Article 38; Article 39, and Article 79;
b)
Remove the phrase “submit to the Prime Minister” in Point a, Clause 3, Article
12 and Point a, Clause 3, Article 13;
c)
Remove the phrase “submit to the Prime Minister” in Point b, Clause 3, Article
13;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd)
Remove the phrase “inspection,” in Point a, Clause 1 and Point a, Clause 2,
Article 88; Point a, Clause 3, Article 90; and Point l, Clause 2, Article 101;
e)
Remove the phrase “on the basis of approval by the Prime Minister” in Point c,
Clause 3, Article 27 and Point c, Clause 3, Article 98;
g)
Remove the phrase " district-level and" from the opening of Clause 2
Article 102;
21. The following phrases are hereby replaced:
a)
Replace the phrase “district” with the phrase “commune” in Point a and Point b,
Clause 2, Article 10;
b)
Replace the phrase “the Government” with the phrase “the Minister of
Agriculture and Environment” in Clause 10, Article 10; Clause 5, Article 27;
Clause 5, Article 36; Point k, Clause 2, Article 57; Clause 4, Article 66;
Clause 7, Article 98; and Clause 3, Article 99;
c)
Replace the phrase “Prime Minister” with the phrase “Minister of Agriculture
and Environment” in Point b, Clause 5, Article 13 and Clause 4, Article 38;
d)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Chairperson of the Provincial People’s Committee” in Clause 2, Article
27; Clause 2, Article 36; and Clause 2 and Clause 3, Article 66;
dd)
Replace the phrase “Provincial-level fishery authorities” with the phrase
“commune-level People’s Committee” in Clause 2, Article 40;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 15. Amendments to certain Articles of the Law on Crop Production
1. Clause 3 of Article 9 is amended as follows:
“3.
Producing and trading plant varieties that do not satisfy the conditions for
production or trading; trading in fertilizers that do not satisfy the
conditions for trading; producing fertilizers that do not satisfy the
conditions for production or have not been granted a certificate of eligibility
for fertilizer production.”.
2. Clause 2 of Article 15 is amended as follows:
“2.
The validity period of a decision on recognition of circulation of plant
varieties is 20 years for annual plant varieties and 25 years for perennial
plant varieties. Both may be extended.”.
3. Clause 4 of Article 29 is amended as follows:
“4.
The Minister of Agriculture and Environment shall specify procedures for state
inspection of the quality of imported plant varieties; and procedures for
granting plant variety import permits.”.
4. Clause 1 of Article 40 is amended as follows:
“1.
A fertilizer testing organization must ensure the following conditions:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
It has adequate facilities and equipment in accordance with national standards
on fertilizer testing.”.
5. Article 42 is amended as follows:
“Article 42. Conditions for fertilizer trading
A
fertilizer trader must ensure the following conditions:
1.
It has a clear and lawful transaction location;
2.
Persons directly engaged in fertilizer trading shall participate in training
and retraining in fertilizers in accordance with the guidance of the Ministry
of Agriculture and Environment, except for cases where they have possessed a
intermediate degree or higher in cultivation, plant protection, agro-chemistry
and pedology, soil science, agronomy, chemistry, or biology.”.
6. Article 64 is amended as follows:
“Article 64. Planting area codes, packing facility codes
1.
A planning area code or packing facility code is an identifier granted to a planning
area or a crop product packing facility to control production status and ensure
traceability
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The Government shall elaborate planting area codes, packing
facility codes.”.
7. The following clauses, points, and phrases are hereby
annulled:
a)
Annul Clause 10, Article 9; Point a, Clause 3, Article 15; Point a, Clause 1
and Clause 3, Article 22; Clause 3, Article 25; Clause 5, Article 29; Point c
and Point d, Clause 2, Article 41; Point h, Clause 2, Article 44; Clause 2,
Article 45; Article 49; and Article 57;
b)
Remove the phrase “infrastructure,” in Point b, Clause 1, Article 22;
c)
Remove the phrase “inspection” in Point g, Clause 2, Article 82;
d)
Remove the phrase "district-level People’s Committees," in Clause 2,
Article 83;
8. Certain phrases are
replaced in the following clauses and points:
dd)
Replace the phrase “the Government” with the phrase “the Minister of
Agriculture and Environment” in Clause 2, Article 12; Clause 8, Article 15;
Clause 3, Article 16; Clause 3, Article 17; Clause 7, Article 24; Clause 3,
Article 27; Clause 3, Article 28; Clause 5, Article 36; Clause 4, Article 37;
Clause 3, Article 38; Clause 3, Article 44; and Clause 4, Article 45;
d)
Replace the phrase “Ministry of Agriculture and Rural Development” with the
phrase “Ministry of Agriculture and Environment” in Clause 3, Article 5; Clause
3, Article 7; Clause 4, Article 8; Clause 6, Article 13; Clause 4, Article 20;
Clause 3, Article 26; Clause 3, Article 29; Clause 2, Article 46; Point i,
Clause 2, Article 52; Clause 3, Article 54; Clause 3, Article 59; Clause 2,
Article 70; Clause 3, Article 71; Clause 3, Article 76; and Clause 2 and Clause
3, Article 82;.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 16. Implementation clauses
1.
This Law shall come into force from January 01, 2026, except for the cases
prescribed in Clause 2 and Clause 3 of this Article and relevant provisions in
Article 17 of this Law.
2.
The formulation of integrated planning for water resources and irrigation
infrastructure for inter-provincial river basins as prescribed in Point a,
Clause 3, Article 10 of this Law shall be implemented from January 01, 2027.
3.
Clause 4, Article 40 of the Law on Fisheries No. 18/2017/QH14, as amended and
supplemented by Law No. 31/2024/QH15 and Law No. 43/2024/QH15, and further
amended and supplemented in Clause 9, Article 14 of this Law, shall come into
force from July 01, 2026.
4.
Annul Point a, Clause 4, Article 182 of Land Law No. 31/2024/QH15, as amended
and supplemented by Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No.
58/2024/QH15, Law No. 71/2025/QH15, Law No. 84/2025/QH15, Law No. 93/2025/QH15,
Law No. 95/2025/QH15, Law No. 116/2025/QH15, and Law No. 130/2025/QH15.
Article 17. Transition clauses
1.
Legislative documents, administrative documents issued by regulatory agencies,
competent persons before January 01, 2026 shall continue to remain in effect
until the competent authority/person issue replacements in accordance with the
provisions of this Law.
2.
Regulations on administrative procedures which are implemented under the laws
amended and supplemented by this Law shall continue to be implemented until the
competent authority/person issue replacements in accordance with the provisions
of this Law.
3.
Documents, licenses, and certificates which are results of administrative
procedure settlements issued by competent authorities/persons before January
01, 2026 and have not expired or reached the end of their duration shall be
used for the validity period specified in such documents, licenses, or
certificates.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4.
In the case where an application for administrative procedures is submitted
before January 01, 2026 but its result has not been issued, regulations at the
time of receipt shall apply, unless the organizations or individuals request
handling under the provisions of this Law.
5.
By June 30, 2026, competent authorities and persons shall forward documents or
transfer data that have been completed or are under handling related to
administrative procedures to the assigned authorities/persons specified in this
Law.
6.
Replacement afforestation funds of provincial-level forest protection and
development funds for which no spending plan has been made before January 01,
2026, the provincial People’s Committees shall review the implementation in
accordance with Article 21 of the Law on Forestry No. 16/2017/QH14, as amended
and supplemented by Law No. 16/2023/QH15, Law No. 31/2024/QH15, further amended
and supplemented in Clause 6, Article 8 of this Law.
7.
Household forest owners who were allocated or leased forest by the State before
January 01, 2026 shall continue to implement such allocation or lease until the
end of validity period and perform the rights and obligations prescribed in
Articles 81, 82, 83, 84, and 85 of the Law on Forestry No. 16/2017/QH14, as
amended and supplemented by Law No. 16/2023/QH15 and Law No. 31/2024/QH15.
8.
In cases where special-use forest areas or protection forest areas had the
economic-technical arguments or forest establishment projects approved by
competent authorities before January 01, 2019, the procedures for establishing
special-use or protection forests are not required.
9.
Marine protected areas that were established/determined in the planning for
protection and exploitation of aquatic resources before January 01, 2026 shall
continue to operate/be established until the administrative boundaries at sea
are determined and a decision to establish the marine protected area is issued
by the competent authority.
10.
Decisions on recognition of circulation of plant varieties, Decisions to extend
the recognition of circulation of plant varieties, Decisions to recognize new
plant varieties, and Decisions to grant special recognition for genetically modified
plant varieties issued by competent authorities before January 01, 2026 shall
continue to be valid for 20 years for annual plant varieties and 25 years for
perennial plant varieties, starting from the date the Decision was issued. The
extension of recognition of circulation of plant varieties shall comply with
Law on Crop Production No. 31/2018/QH14, as amended and supplemented by this
Law.
11.
Plant varieties included in the List of plant varieties permitted for
production and trading which do not have a Decision recognizing a new plant
variety shall be permitted to continue production and trading for 20 years (for
annual plant varieties) or 25 years (for perennial plant varieties), starting
from the effective date of the List of plant varieties permitted for production
and trading. Such circulation recognition may be extended in accordance with
the Law on Crop Production No. 31/2018/QH14, as amended and supplemented by
this Law.
12.
A dike planning or flood control planning for river systems with dikes as
specified in items 8 and 9 of Appendix II of the Law on Planning No.
21/2017/QH14 that has its consulting organization selected but has not been
approved and appraised before January 01, 2026 shall be implemented in
accordance with the law applicable at the time of consulting organization
selection until it is replaced by a planning for dikes and flood control for
river routes with dikes under
this Law. The competence to approve such planning shall follow the provisions
on competence to approve planning for dikes and flood control for river routes
with dikes specified in this Law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chairpersons
of Provincial People’s Committees shall organize quality inspections of
imported veterinary drugs from January 01, 2027. In cases where a local
authority connects to the National Single Window administrative procedure
system for state quality inspection of imported veterinary drugs before
December 31, 2026, the Chairperson of the Provincial People’s Committee shall
organize the quality inspection of imported veterinary drugs from the date of
connection.
14.
The Government shall provide for other transitional cases in accordance with
the provisions of this Law
This Law was ratified by the 10th meeting of the 15th
National Assembly of Socialist Republic of Vietnam on December 11, 2025.
PRESIDENT OF THE NATIONAL
ASSEMBLY
Tran Thanh Man