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- Law on Environment Protection: 2005
- Luật Bảo vệ Môi trường: 2005
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LAW
On
Environment Protection
(No.: 52/2005/QH11; dated 29 Nov.
2005)
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly,
the 10th session;
This Law provides for environmental
protection.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope of regulation
This Law provides for activities of
environmental protection; policies, measures and resources for environmental
protection; rights and obligations of organizations, households and individuals
in environmental protection.
Article
2. Subjects of application
This Law applies to state agencies,
organizations, households and individuals in the country; overseas Vietnamese,
foreign organizations and individuals carrying out activities in the territory
of the Socialist Republic of Vietnam.
Where treaties to which the Socialist
Republic of Vietnam contain provisions different from those of this Law, such
treaties shall apply.
Article
3. Interpretation of terms
In this Law, the following terms shall be
construed as follows:
1. Environment comprises natural and
man-made physical factors that surround human beings and affect life,
production, existence and development of human beings and living organisms.
2. Environment components are physical
elements that constitute the environment, including soil, water, air, sound,
light, living organisms, ecosystems and other physical forms.
3. Environmental protection activities
mean activities of keeping the environment sound, clean and beautiful;
preventing and restricting adverse impacts on the environment, responding to
environmental incidents; remedying environmental pollution and degradation,
rehabilitating and improving the environment; exploiting and rationally and
economically using natural resources; and protecting biodiversity.
4. Sustainable development means
development that meets the needs of the present generation without harming the
capability of meeting those of future generations on the basis of close and
harmonious combination of economic growth, assurance of social advancement and
environmental protection.
5. Environmental standards mean
allowable limits of parameters of the quality of surrounding environment, the
content of pollutants in wastes, set by competent state agencies as a basis for
environment management and protection.
6. Environmental pollution means the
status that environmental components have been changed to the extend beyond
environmental standards and adversely affect human beings and living organisms.
7. Environmental degradation means
qualitative and quantitative deterioration of environmental components,
adversely affecting human beings and organisms.
8. Environmental incidents mean
disasters or risks occurring in the process of human activities, or abnormal
changes of nature causing serious environmental pollution, degradation or
alteration.
9. Pollutants mean substances or
physical factors that cause environmental pollution when they are present in
the environment.
10. Wastes mean substances in the solid,
liquid or gaseous form discharged from production, business, service, daily
life or other activities.
11. Hazardous wastes mean wastes
containing elements that are toxic, radioactive, inflammable, explosive,
abrasive, contagious, poisonous or otherwise harmful.
12. Waste management means activities of
sorting, collecting, transporting, minimizing, reusing, reprocessing, treating,
destroying and discarding wastes.
13. Scraps mean products and materials
discarded during the process of production or consumption which are recovered
for use as production materials.
14. Load capacity of the environment
means the allowable limit of the environment to receive and absorb pollutants.
15. Ecosystem means a system of groups
of living organisms co-existing, developing and interacting with one another in
a given natural geographical area.
16. Biodiversity means the abundance in
gene pools, species of organisms and ecosystems.
17. Environmental monitoring means the
process of systematic observation of the environment and factors that exert
impacts on the environment in order to supply information for the assessment of
the status and changes in the quality of, and adverse impacts, on the
environment.
18. Environmental information means
figures and data about environmental components; reserves, ecological value and
economic value of natural resources; impacts on the environment; wastes; degree
of environmental pollution and degradation; and information about other
environmental issues.
19. Strategic environmental assessment
means analysis and forecast of impacts on the environment to be exerted by
draft development strategies, plannings and plans before they are approved in
order to attain sustainable development.
20. Environmental impact assessment
means analysis and forecast of impacts on the environment to be exerted by
specific projects so as to work out measures to protect the environment when
such projects are carried out.
21. Greenhouse gas means assorted gases
that affect the thermal exchange between the earth and surrounding atmosphere,
thereby warming up the air surrounding the earth.
22. Greenhouse gas quota means the
volume of greenhouse gas which each country is permitted to emit into the atmosphere
in accordance with relevant treaties.
Article
4. Principles for environmental protection
1. Environmental protection must be in
harmony with economic development and assure social advancement for national
sustainable development; protection of the national environment must be
connected with protection of the regional and global environment.
2. Environmental protection is the cause
of the whole society, the right as well responsibility of state agencies,
organizations, households and individuals.
3. Environmental protection activities
must be carried out continuously, taking prevention as the main activity in
combination with remedying environmental pollution, degradation and improving
environmental quality.
4. Environmental protection must accord
with natural, cultural and historical laws and characteristics and suit the
level of socio-economic development of the country in each period.
5. Organizations, households or
individuals that cause environmental pollution or degradation shall have to
remedy such environmental pollution or degradation, pay compensation therefor
and bear other liabilities as provided for by law.
Article
5. State policies toward environmental protection
1. To encourage and facilitate all
organizations, population communities, households and individuals to
participate in environmental protection activities.
2. To step up propaganda, education and
mobilization in combination with application of administrative, economic and
other measures to build self-consciousness and discipline in environmental
protection activities.
3. To rationally and economically use
natural resources, develop clean and renewable energies; step up recycling,
reuse and reduction of wastes.
4. To prioritize settlement of pressing
environmental problems; concentrate on handling seriously polluting
establishments; rehabilitate the environment in polluted and degraded areas;
and attach importance to protecting the environment in urban centers and
residential areas.
5. Investment in environmental
protection is development investment; to diversify capital investment sources
for environmental protection and arrange separate funds for environmental
activities in annual state budgets.
6. To grant land and tax preferences and
provide financial supports for environmental protection activities and
environment-friendly products; harmonizing environmental protection with
efficient use of environmental components for development.
7. To increase human resource training,
encourage research, application and transfer of scientific and technological
achievements in environmental protection; form and develop an environmental
engineering industry.
8. To expand and raise the effectiveness
of international cooperation; fully realize international commitments to
environmental protection; encourage organizations and individuals to
participate in undertaking international cooperation in environmental
protection.
9. To develop infrastructure works for
environ-mental protection; enhance national capacity of environmental
protection toward regularity and modernization.
Article
6. Environmental protection activities to be encouraged
1. Propaganda, education and
mobilization of all the people to participate in environmental protection;
keeping environmental sanitation and protecting natural landscapes and
biodiversity.
2. Protection and rational and
economical use of natural resources.
3. Reduction, collection, recycling and
reuse of wastes.
4. Development and use of clean and
renewable energies; reduction of ozone-layer-depleting greenhouse gas.
5. Registration of establishments that
meet environmental standards and environment-friendly products.
6. Scientific research, transfer and
application of technologies for treating and re-cycling wastes;
environment-friendly technologies.
7. Investment in the construction of
establishments to manufacture environmental protection equipment and tools;
produce and trade in environment-friendly products; and provide environmental
protection services.
8. Conservation and development of
indigenous gene pools; crossbreeding and import of gene sources of economic
value and environmental benefit.
9. Building of environment-friendly
villages, hamlets, agencies, production, business and service establishments.
10. Development of self-management
activities and environmental sanitation services in population communities.
11. Formation of environmental
sanitation-keeping lifestyle and habits, abolition of environment-unfriendly
customs and practices.
12. Contribution of knowledge, efforts
and finance to environmental protection activities.
Article 7. Prohibited Acts
1. Destroying and illegally exploiting
forests or other natural resources.
2. Exploiting and catching natural
living resources by destructive means, tools and methods, during seasons and in
quantities banned by law.
3. Exploiting, trading, consuming and
using rare and precious wild plants and animals on the banned lists issued by
competent state agencies.
4. Burying toxic substances, radioactive
substances, wastes and other hazardous substances outside prescribed places and
contrary to technical processes for environmental protection.
5. Discharging wastes not yet treated up
to environmental standards; toxic, radioactive and other hazardous substances into
the land or water sources.
6. Emitting smoke, dust or gases with
toxic substances or odor into the air; dispensing radiation, radioactivity and
ionized substances at levels in excess of permitted environmental standards.
7. Causing noise and vibration in excess
of permitted standards.
8. Importing machinery, equipment and
means that do no meet environmental standards.
9. Importing and transiting wastes in
any form.
10. Importing and transiting animals and
plants not yet quarantined; microorganisms outside permitted lists.
11. Producing and trading in products
harmful to human health, living organisms and ecosystems; producing and using
construction raw materials and materials containing toxic elements in excess of
permitted standards.
12. Encroaching upon natural heritages
and nature conservation zones.
13. Damaging works, equipment and
facilities in service of environmental protection activities.
14. Carrying out illegal activities or
living in restricted zones where human health and life is exposed to extreme
environmental danger, as identified by competent state agencies.
15. Covering up acts of destroying the
environment, obstructing environmental protection activities, distorting
information resulting in bad consequences on the environment.
16. Other prohibited acts related to
environmental protection as provided for by law.
Chapter
II
ENVIRONMENTAL
STANDARDS
Article
8. Principles for formulation and application of environmental standards
1. Formulation and application of
environmental standards must abide by the following principles:
a/ Meeting environmental protection
objectives, preventing environmental pollution, degradation and incidents;
b/ Being promulgated in a timely manner,
feasible, suitable to the socio-economic development level and technological
level of the country and meeting international economic integration
requirements;
c/ Being suitable to regional and branch
characteristics, production, business and services types and technologies.
2. Organizations and individuals must
observe environmental standards published by the State for compulsory
application.
Article
9. Contents of national environmental standards
1. Grade of standard.
2. Environmental parameters and limit
values.
3. Subjects of standard application.
4. Procedures and method of standard
application.
5. Conditions required for standard
application.
6. Methods of measurement, sampling and
analysis.
Article
10. System of national environmental standards
1. The system of environmental standards
consists of standards of surrounding environment quality and standards of
wastes.
2. Surrounding environment quality
standards include:
a/ Group of environmental standards of
soil for agricultural production, forestry, fisheries and other purposes;
b/ Group of environmental standards of
water surface and groundwater for supply of water for drinking, daily life,
industries, aquaculture, agricultural irrigation and other purposes;
c/ Group of environmental standards of
coastal seawater for aquaculture, entertainment, recreation and other purposes;
d/ Group of environment standards of air
in urban areas and rural residential areas;
e/ Group of standards of noise, light
and radiation in residential areas and public places.
3. Standards of wastes include:
a/ Group of standards of waste water
discharged from industrial and service activities, waste water discharged from
husbandry and aquaculture, waste water from daily life and other activities;
b/ Group of standards of industrial gas
emissions, gases emitted from equipment used for incineration of daily-life,
industrial and medical waste matters and from other processes of treatment of
wastes;
c/ Group of standards of gas emissions
from vehicles, machinery and special-use equipment;
d/ Group of standards of hazardous
wastes;
e/ Group of standards of noise and
vibration caused by vehicles, production, business and service establishments,
and construction activities.
Article
11. Requirements on surrounding environment quality standards
1. Surrounding environment quality
standards shall specify the maximum allowable values of environmental
parameters in conformity with the purpose of using environmental components,
including:
a/ Minimum values of environmental
parameters that ensure normal life and growth of human beings and living
organisms;
b/ Maximum allowable values of harmful
environmental parameters that will not cause adverse impacts on normal life and
growth of human beings and living organisms.
2. Environmental parameters specified in
environmental quality standards must be accompanied by standard measurement,
sampling and analysis methods for determination of such parameters.
Article
12. Requirements on waste standards
1. Waste standards must specify the
maximum values of pollution parameters of waste so as not to cause any harm to
human beings and living organisms.
2. Pollution parameters of waste must be
based on the toxicity and quantity of the waste discharged and the load
capacity of the environment that receives the waste.
3. Environmental parameters specified in
waste standards must be accompanied with standard measurement, sampling and
analysis methods for determination of such parameters.
Article
13. Issuance and declaration of application of national environmental standards
1. The Government shall stipulate the
competence, order and procedures for formulating, issuing and recognizing
national environmental standards in accordance with the provisions of law on
standardization.
2. The Ministry of Natural Resources and
Environment shall publish and provide for the roadmap of application, regional,
area and branch coefficients for application of national environmental
standards in conformity with the load capacity of the environment.
3. Adjustment to national environmental
standards shall be made once every five years; in case of necessity, adjustment
to several standards which are no longer appropriate and addition of new
standards may be made at shorter intervals.
4. National environmental standards must
be widely published among organizations and individuals for knowledge and
compliance.
Chapter
III
STRATEGIC
ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL
PROTECTION COMMITMENT
Section
1. STRATEGIC ENVIRONMENTAL ASSESSMENT
Article
14. Objects subject to elaboration of strategic environmental assessment
reports
1. National socio-economic development
strategies, plannings
and plans.
2. Strategies, plannings and plans for development of
branches or domains on a national scale.
3. Socio-economic development
strategies, plannings
and plans of provinces, centrally run cities (hereinafter collectively referred
to as provinces or provincial level) or regions.
4. Plannings for land use, forest protection and
development; exploitation and utilization of other natural resources in
inter-provincial or inter-regional areas.
5. Plannings for development of key economic regions.
6. General plannings of inter-provincial river watersheds.
Article
15. Elaboration of strategic environmental assessment reports
1. Agencies assigned to formulate
projects mentioned in Article 14 of this Law shall have to elaborate strategic
environmental assessment reports.
2. Strategic environmental assessment
report constitutes an important content of the project and must be made at the
same time with project formulation.
Article
16. Contents of strategic environmental assessment reports
1. Overview of the project's objectives,
size and characteristics related to the environment.
2. General description of natural,
socio-economic and environmental conditions related to the project.
3. Forecasts for possible bad
environmental impacts when the project is executed.
4. Citation of sources of figures and
data, methods of assessment.
5. Proposed orientations and measures to
address environmental issues during project execution.
Article
17. Appraisal of strategic environmental assessment reports
1. Strategic environmental assessment
reports shall be appraised by a council organized in accordance with the
provisions of Clause 7 of this Article.
2. An appraisal council for national and
inter-provincial projects shall be composed of a representative of the
project-approving agency; representatives of ministries, ministerial-level
agencies, Government-attached agencies and provincial-level People's Committees
related to the project; experts who have professional experience and
qualifications relevant to the content and characteristics of the project;
representatives of other organizations and individuals as decided by the agency
competent to set up the appraisal council.
3. An appraisal council for
provincial-level projects shall be composed of representatives of the
provincial-level People's Committee; a specialized environmental protection
agency and related provincial-level departments and branches; experts who have
professional experience and qualifications relevant to the content and
characteristics of the project; representatives of other organizations and
individuals as decided by the agency competent to set up the appraisal council.
4. More than 50% of members of an
appraisal council mentioned in Clauses 2 and 3 of this Article must have
expertise in environment and other domains related to the contents of the
project. Persons who are directly involved in elaborating strategic
environmental assessment reports shall not be allowed to participate in the
appraisal council.
5. Organizations and individuals may
send petitions and recommendations concerning environmental protection to the
agency setting up the appraisal council and the project-approving agency; the
council and project-approving agency shall have to take into consideration
petitions and recommendations before making conclusions or decisions.
6. Results of appraisal of strategic
environmental assessment reports shall serve as a basis for approval of
projects.
7. Responsibilities for organizing
councils for appraisal of strategic environmental assessment reports are
defined as follows:
a/ The Ministry of Natural Resources and
Environment shall organize councils for appraisal of strategic environmental
assessment reports of projects subject to approval by the National Assembly,
the Government or the Prime Minister;
b/ Ministries, ministerial-level
agencies or Government-attached agencies shall organize councils for appraisal
of strategic environmental assessment reports for projects falling under their
approving competence;
c/ Provincial-level People's Committees
shall organize councils for appraisal of strategic environmental assessment
reports for projects falling under their deciding competence or under the competence
of the People's Councils of the same level.
Section
2. ENVIRONMENTAL IMPACT ASSESSMENT
Article
18. Objects subject to elaboration of environmental impact assessment reports
1. Owners of the following projects must
elaborate environmental impact assessment reports:
a/ Projects of national importance;
b/ Projects planned to use part of land
of or exerting adverse impacts on, the natural sanctuaries, national parks,
historical and cultural relic sites, natural heritages or beautiful landscapes
which have been ranked;
c/ Projects to potentially exert adverse
impacts on the river watershed, coastal areas or areas of protected ecosystems;
d/ Projects to construct infrastructure
works in economic zones, industrial parks, hi-tech parks, export-processing zones
or craft village areas;
e/ Projects to construct new urban
centers or concentrated residential areas;
f/ Projects to exploit and use
groundwater or natural resources on a large scale.
g/ Other projects having potential risks
or adverse impacts on the environment.
2. The Government shall promulgate a
list of projects obliged to submit environmental impact assessment reports.
Article
19. Elaboration of environmental impact assessment reports
1. Owners of projects mentioned in
Article 18 of this Law shall have to elaborate environmental impact assessment
reports and submit them to competent state agencies for approval.
2. Environmental impact assessment
reports must be elaborated simultaneously with formulation of feasibility study
reports of projects.
3. Project owners may elaborate
environmental impact assessment reports by themselves or hire consultancy
service organizations to do so and take responsibility for figures and results
used therein.
4. In case of changes in the project's
size, content, commencement time, execution duration and completion time, the
project owner shall have to give explanations to the approving agency; in case
of necessity, an additional environmental impact assessment report shall be
required.
5. Consultancy service organizations
that are hired to elaborate environmental impact assessment reports must meet
all necessary conditions on professional personnel and material-technical
foundations.
Article
20. Contents of environmental impact assessment reports
1. Enumeration and detailed description
of the project's construction components, construction area, time and workload;
operational technology for each component and the entire project.
2. Overall assessment of the
environmental status at the project site and neighboring areas; the sensitivity
and load capacity of the environment.
3. Detailed assessment of possible
environmental impacts when the project is executed and environmental components
and socio-economic elements to be impacted by the project; prediction of
environmental incidents possibly caused by the project.
4. Specific measures to minimize bad
environmental impacts, prevent and respond to environmental incidents.
5. Commitments to take environmental
protection measures during project construction and operation.
6. Lists of project items, the program
on management and supervision of environmental issues during project execution.
7. Cost estimates for building
environmental protection works within the total cost estimate of the project.
8. Opinions of the commune/ward or
township People's Committees (hereinafter collectively referred to as
commune-level People's Committees) and representatives of population
communities in the place where the project is located; opinions against the
project location or against environmental protection solutions must be
presented in the environmental impact assessment report.
9. Citation of sources of figures and
data, assessment methods.
Article
21. Appraisal of environmental impact assessment reports
1. Environmental impact assessment
reports shall be appraised by appraisal councils or appraisal service
organizations.
The Ministry of Natural Resources and
Environment shall set conditions for and guide the appraisal of environmental
impact assessment reports by appraisal service organizations.
2. An appraisal council for projects
defined at Point a and Point b, Clause 7 of this Article shall be composed of
representatives of the project-approving agency; its specialized environmental
protection body; provincial-level specialized environmental protection agency
of the locality where the project is to be executed; experts who have
professional experience and qualifications relevant to the content and
characteristics of the project; representatives of other organizations and
individuals as decided by the agency competent to set up the appraisal council.
3. An appraisal council for projects
defined at Point c, Clause 7 of this Article shall be composed of
representatives of the provincial-level People's Committee; provincial-level
specialized environmental protection agency and related departments and
branches; experts who have professional experience and qualifications relevant
to the content and characteristics of the project; representatives of other
organizations and individuals as decided by the agency competent to set up the
appraisal council.
In case of necessity, the
provincial-level People's Committee may invite representatives of the Ministry
of Natural Resources and Environment and concerned ministries,
ministerial-level agencies and Government-attached agencies to participate in
the appraisal council.
4. More than 50% of members of an
appraisal council mentioned in Clauses 2 and 3 of this Article must have
expertise in environment and other domains related to the contents of the project.
Persons who are directly involved in making environmental impact assessment
reports shall not be allowed to participate in the appraisal council.
5. Appraisal service organizations may
participate in the appraisal as decided by the project-approving agency and
take responsibility for their appraisal opinions or conclusions.
6. Organizations, population communities
and individuals may send petitions and recommendations concerning environmental
protection to the appraisal -organizing agency defined in Clause 7 of this
Article, which shall have to consider such petitions and recommendations before
making conclusions or decisions.
7. Responsibilities for organizing the
appraisal of environmental impact assessment reports of projects are defined as
follows:
a/ The Ministry of Natural Resources and
Environment shall organize councils or choose service organizations for
appraisal of environmental impact assessment reports of projects decided or
approved by the National Assembly, the Government or the Prime Minister;
inter-branch or inter-provincial projects;
b/ Ministries, ministerial-level
agencies or Government-attached agencies shall organize councils or choose
service organizations for appraisal of environmental impact assessment reports
for projects falling under their respective deciding or approving competence,
excluding inter-branch or inter-provincial projects;
c/ Provincial-level People's Committees
shall organize councils or choose service organizations for appraisal of
environmental impact assessment reports for projects located in their
localities and falling under their respective deciding or approving competence
and under the competence of the People's Councils of the same level.
Article
22. Approval of environmental impact assessment reports
1. Agencies setting up councils for
appraisal of environmental impact assessment reports shall have to examine and
approve environmental impact assessment reports after they are appraised.
2. Agencies approving environmental
impact assessment reports shall, before granting approval, have to consider
complaints and recommendations made by project owners, concerned population
communities, organizations and/or individuals.
3. Within fifteen working days after
receiving environmental impact assessment reports which have been modified to
comply with conclusions of appraisal councils or appraisal service
organizations, heads of agencies defined in Clause 1 of this Article must
consider and decide to approve environmental impact assessment reports; if
refusing to approve, they must reply in writing to project owners, clearly
stating the reason therefor.
4. Projects defined in Article 18 of
this Law may be approved and granted investment licenses, construction and
operation permits only after their environmental impact assessment reports are
approved.
Article
23. Responsibilities to implement, and supervise the implementation of,
contents of environmental impact assessment reports
1. Project owners shall have the
following responsibilities:
a/ To report on contents of decisions
approving environmental impact assessment reports to People's Committees of
places where projects are executed;
b/ To publicly post up at project sites
information on kinds of wastes, treatment technologies, standard parameters of
wastes and environmental protection solutions for population communities to
know, inspect and supervise;
c/ To properly and fully implement
environmental protection contents in environmental impact assessment reports
and requirements stated in decisions approving environmental impact assessment
reports;
d/ To notify the implementation of
contents of reports and compliance with requirements stated in decisions
approving environmental impact assessment reports to the environmental impact
assessment report-approving agencies for inspection and certification.
e/ Projects may be put to operation only
after their compliance with requirements prescribed at Points a, b and c of
this Clause has been inspected and certified by competent agencies.
2. Environmental impact assessment
report-approving agencies shall have the following responsibilities:
a/ To notify contents of their decisions
approving environmental impact assessment reports to provincial-level People's
Committees of localities where projects are executed; provincial-level People's
Committees shall notify contents of decisions approving environmental impact
assessment reports which have been approved by themselves or ministries,
ministerial-level agencies or Government-attached agencies to People's
Committees of rural districts, urban districts, towns or provincial cities
(hereinafter collectively referred to as district-level People's Committees) or
commune-level People's Committees of localities where the projects are
executed;
b/ To direct and organize the inspection
of the implementation of contents of approved environmental impact assessment
reports.
Section
3. ENVIRONMENTAL PROTECTION COMMITMENTS
Article
24. Subjects obliged to make written environmental protection commitments
Household-based production, business or
service establishments and entities not defined in Articles 14 and 18 of this
Law must make written environmental protection commitments.
Article 25. Contents of environmental
protection commitments
1. Location of execution.
2. Type and scale of production,
business or service and materials and fuel used.
3. Kinds of wastes generated.
4. Commitments to apply measures to
minimize and treat wastes and strictly comply with the provisions of law on
environmental protection.
Article
26. Registration of written environmental protection commitments
1. District-level People's Committees
shall have to organize registration of written environmental protection
commitments; when necessary, they may authorize this work to commune-level
People's Committees.
2. The time limit for acceptance of
written environmental protection commitments shall be five working days after
the date of receipt of valid written commitments.
3. Subjects defined in Article 24 of
this Law may commence production, business or service activities after
registration of written environmental protection commitments.
Article 27. Responsibilities to realize,
and supervise the realization of, environmental protection commitments
1. Organizations and individuals having
made environmental protection commitments shall have to properly and fully
realize their written environmental protection commitments.
2. District-level and commune-level
People's Committees shall direct and organize supervision and inspection of the
realization of written environmental protection commitments.
Chapter
IV
CONSERVATION
AND RATIONAL USE OF NATURAL RESOURCES
Article
28. Inventory, assessment and planning of use of natural resources
1. Natural resources must be inventoried
and assessed in terms of reserve, renewability and economic value so as to have
grounds for planning their use and determining allowable limits for their
exploitation, rates of environment tax and environmental protection fees,
deposits for environmental rehabilitation, compensation for environmental
damage and other environmental protection measures.
2. Natural resource use plannings must be in
harmony with nature conservation plannings.
3. Responsibilities for natural resource
inventory, assessment and use planning shall comply with the provisions of law
on natural resources.
Article
29. Nature conservation
1. Zones and ecosystems of national or
international biodiversity value must be inventoried, assessed and planned for
protection in the forms of marine conservation zones, national parks, nature
reserves, biosphere reserves or species-biotope conservation zones (hereinafter
collectively referred to as nature conservation zones).
2. A nature conservation zone shall be
planned on the following grounds:
a/ Value of natural heritage of the
world, country and locality;
b/ Primitive, special use and protective
characteristics;
c/ Role of regulation and balancing of
the regional ecology;
d/ Typicality and uniqueness of the
natural geographical area;
e/ The regular or seasonal habitat or
breeding area of many rare and precious indigenous species which are
endangered;
f/ Value of biosphere, biotope, natural
landscape, ecology and humanity to the country or locality;
g/ Other conservation values as provided
for by law.
3. Establishment of nature conservation
zones must comply with plannings
already approved by competent state agencies.
4. Each nature conservation zone shall
be run under its own management regulation and by its own management board.
5. Responsibilities for planning nature
conservation, setting up and managing nature conservation zones shall comply
with the provisions of law.
Article
30. Biodiversity protection
1. Biodiversity protection must be
carried out on the basis of ensuring rights and legitimate interests of local
population communities and concerned entities.
2. The State shall set up gene banks for
protection and development of precious and rare indigenous gene sources;
encourage the import of genes of high value.
3. Precious, rare and endangered animal
species and plant varieties shall be protected according to the following
provisions:
a/ They shall be listed and categorized
for management by preciousness, rarity and threat of extinction;
b/ Plans on protection must be made and
measures must be applied to prevent and stop their hunting, exploitation, trading
and use;
c/ Special care, nursing and protection
programs suitable to each species shall be carried out; wild animal rescue
centers shall be developed.
4. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with
concerned ministerial-level agencies, Government-attached agencies and
provincial-level People's Committees in, protecting biodiversity according to
the provisions of law on biodiversity.
Article
31. Protection and development of natural landscapes
1. The State encourages development of
ecological models for hamlets, villages, residential areas, industrial parks,
entertainment centers and tourist resorts and other forms of natural landscape
so as to create harmony between human and nature.
2. Organizations and individuals
carrying out planning, construction, production, business, service and
daily-life activities must comply with requirements of preservation and
embellishment of natural landscapes.
3. Ministries, ministerial-level
agencies, Government-attached agencies and People's Committees of all levels
shall, within the scope of their respective tasks and powers, have to plan and
organize management, protection and development of natural landscapes in
accordance with the provisions of this Law and other relevant laws.
Article
32. Environmental protection in inventory, exploration, exploitation and use of
natural resources
1. Inventory, exploration, exploitation
and use of natural resources must comply with the planning already approved by
competent state agencies.
2. Permits for exploitation and use of
natural resources must stipulate all environmental protection conditions.
Exploitation and use of natural
resources must comply with environmental protection contents of exploitation
and use permits granted by competent state agencies.
3. Organizations and individuals shall
have to comply with environmental protection requirements during inventory,
exploration, exploitation and use of natural resources; upon completion of
exploration and exploitation activities, they must rehabilitate the environment
in accordance with the provisions of this Law and other relevant laws.
Article
33. Development of clean energy, renewable energy and environment-friendly
products
1. Clean energy and renewable energy are
exploited from wind, solar, geothermal sources, water, biomass and other
renewable sources.
2. Organizations and individuals
investing in the development and use of clean energy, renewable energy,
production of environment-friendly products shall be granted by the State
preferences in tax, funding support and land for building production establishments.
3. The Government shall formulate and
implement clean energy or renewable energy development strategies to achieve
the following objectives:
a/ To enhance national capacity in
research and application of technologies to exploit and use clean energy and
renewable energy;
b/ To expand international cooperation
and mobilize resources for exploiting and using clean energy and renewable
energy;
c/ To gradually raise clean and
renewable energy ratios in total national energy output; ensure energy security,
save natural resources, and minimize greenhouse gas emissions;
d/ To integrate clean energy and
renewable energy development programs into programs on hunger eradication and
poverty reduction and development in rural areas, mountainous areas, coastal
areas and islands.
4. The State encourages production and
consumption of less polluting and easily decomposable products and goods; use
of waste for production of clean energy, production, import and use of
machinery, equipment and means of transport driven by clean or renewable
energy.
Article
34. Formation of environment-friendly consumption habits
1. The State encourages organizations
and individuals to consume products recycled from waste, organic products,
easily decomposable packages, eco-certified products and other
environment-friendly products.
2. The Ministry of Culture and
Information, news agencies and press shall have to collaborate with the
Ministry of Natural Resources and Environment in conducting propaganda about,
introduction and popularization of environment-friendly products and goods for
consumption by the people.
Chapter
V
ENVIRONMENTAL
PROTECTION IN PRODUCTION, BUSINESS AND SERVICE ACTIVITIES
Article
35. Environmental protection responsibilities of organizations and individuals
in production, business and service activities
1. To comply with the provisions of law
on environmental protection.
2. To take environmental protection
measures stated in approved environmental impact assessment reports and
registered environmental protection commitments and comply with environmental
standards.
3. To prevent and limit adverse impacts
on the environment caused by their activities.
4. To remedy environmental pollution
caused by their activities.
5. To disseminate, educate and raise
environmental protection awareness among employees of their production,
business and service establishments.
6. To implement the regime of
environment reports in accordance with the provisions of law on environmental
protection.
7. To observe environmental protection
supervision and inspection regimes.
8. To pay environment tax and
environmental protection fees.
Article
36. Environmental protection for concentrated production, business and service
zones
1. Economic zones, industrial parks,
export-processing zones, hi-tech parks, industrial clusters, tourist resorts
and entertainment and recreation centers (hereinafter collectively referred to
as concentrated production, business and service zones) must comply with the
following environmental protection requirements:
a/ Compliance with the approved
development master plan;
b/ Planning and arrangement of
functional zones and activities must be associated with environmental
protection;
c/ Full and proper implementation of
contents of approved environmental impact assessment reports;
d/ Adequate furnishment of equipment and
tools for collection of ordinary solid wastes and hazardous wastes and
compliance with requirements of receipt of wastes already sorted out at source
from establishments located in production, business and service zones;
e/ Regular operation of a concentrated
sewage system for collection and treatment of waste water and a system for
treatment of gas emissions up to environmental standards;
f/ Compliance with requirements on
landscape and environment and protection of the health of communities and
laborers;
g/ A environmental monitoring system in
place;
h/ A specialized section capable of
performing environmental protection tasks.
2. Industrial parks, export-processing
zones, hi-tech parks and industrial clusters likely to exert bad impacts on the
environment must be located at an environmentally safe distance from
residential areas and nature conservation zones.
3. Production, business and service
projects within concentrated production, business and service zones may be
deployed only after complying with all requirements defined in Clause 1 of this
Article and such compliance has been checked and certified by competent state
agencies.
4. The specialized environmental
protection section in concentrated production, business and service zones shall
have the following tasks:
a/ To inspect and supervise the
compliance with environmental protection requirements by establishments and
investment projects within concentrated production, business and service zones;
b/ To manage the ordinary waste and
hazardous waste collection system; sewage collection and treatment system and
gas emission treatment system;
c/ To organize the environment status
monitoring and assessment, sum up and elaborate environment reports and make
periodical reports to provincial-level specialized environmental protection
agencies;
d/ To advise the management boards on
settlement of environment-related disputes between projects located within
concentrated production, business and service zones.
5. Provincial-level People's Committees
shall have to collaborate with concerned ministries, ministerial-level agencies
and Government-attached agencies in directing and organizing environmental
protection work in concentrated production, business and service zones in
localities under their management.
Article
37. Environmental protection for production, business and service
establishments
1. Production, business and service
establishments must comply with the following environmental protection
requirements:
a/ Putting in place a waste water
collection and treatment system meeting environmental standards;
Where waste water is transferred to a
concentrated waste water treatment system, regulations set by the organization
that manages the concentrated waste water treatment system must be complied
with.
b/ Having adequate means and equipment
for collection and storage of solid wastes which must be sorted at source;
c/ Taking measures to minimize and treat
dust and gas emissions up to standards before discharging them into the
environment; ensuring that no gas emissions, toxic gas and fume will be leaked
or dispersed into the environment; limiting noise, light and heat adversely
affecting the surrounding environment and laborers;
d/ Ensuring adequate resources,
facilities and equipment to prevent and respond to environmental incidents,
particularly for production establishments using chemicals, radioactive
substances, inflammables or explosives.
2. Production establishments or
warehouses must not be located within residential areas or must be located at
an environmentally safe distance from population areas if they:
a/ Have inflammables or explosives;
b/ Have radioactive substances or high radiation
substances;
c/ Have substances harmful to human and
animal health;
d/ Discharge odors adversely affecting
human health;
e/ Seriously pollute water sources;
f/ Causing noise, emit dust or gas in
excess of allowable limits.
Article
38. Environmental protection in craft villages
1. Planning, building, renovation and
development of craft villages must be associated with environmental protection.
The State encourages development of
zones and clusters of industrial craft villages sharing a common environmental
protection infrastructure system.
2. Provincial-level People's Committees
shall be responsible for directing, collecting statistics on and assessing the
pollution levels in craft villages in their respective localities and planning
the remedy of environmental pollution in craft villages with the following
measures:
a/ Improving, upgrading or building
concentrated waste water collection and treatment systems;
b/ Building sites for regrouping
ordinary solid wastes and hazardous wastes, arranging equipment to meet waste
collection requirements and suit the sorting of wastes at source, serving the
concentrated treatment;
c/ Working out plannings on zones and
clusters of industrial craft villages into which seriously polluting production
establishments within residential areas will be relocated;
d/ Disseminating information on less
polluting new technologies among the people for knowledge and application;
3. Production establishments in zones
and clusters of industrial craft villages must comply with the following
environmental protection requirements:
a/ Waste water must be collected and
transferred to the concentrated waste water treatment system; in case such system
is not available, measures must be taken to treat waste water up to
environmental standards before discharging them into the environment;
b/ Solid wastes must be sorted at source
and transported to solid waste regrouping sites according to waste management
regulations; for solid wastes containing toxic elements, they must be sorted,
collected, stored and treated according to hazardous waste management
regulations;
c/ Contributions must be made to funds
for building environmental protection infrastructure works and environmental
protection charges must be paid in full according to the provisions of law.
Article
39. Environmental protection in hospitals and other medical establishments
1. Hospitals and other medical
establishments must comply with the following environmental protection
requirements:
a/ Having a system or measures to
collect and treat medical waste water, which operates on a routine basis and
meets environmental standards;
b/ Arranging specialized equipment to
sort at source pathological materials and medical garbage;
c/ Taking measures to treat and
incinerate pathological materials, medical garbage and expired medicines,
ensuring environmental sanitation and standards;
d/ Having plans, facilities and
equipment to prevent and respond to environmental incidents caused by medical
wastes;
e/ Solid wastes and waste water
discharged from patients' daily life must be pre-treated to eliminate
contagious germs before transfer to concentrated treatment and incineration
establishments.
2. Hospitals and other medical
establishments treating transmissible diseases must be isolated from
residential areas and water sources.
New hospitals and other medical
establishments treating transmissible diseases must not be built within
residential areas.
3. X-ray establishments, medical
instruments and equipment using radioactive substances must meet nuclear safety
and radiation safety requirements provided for in Article 89 of this Law and
the law on nuclear and radiation safety.
4. Laborers in hospitals and other medical
establishments engaged in activities related to medical wastes must be equipped
with protective clothes and equipment to protect them from contracting diseases
from medical wastes.
5. The Ministry of Health shall
collaborate with concerned ministries, ministerial-level agencies,
Government-attached agencies and provincial-level People's Committees in
directing and organizing the collection of statistics on discharging sources
and assessing the pollution levels in hospitals and other medical establishments;
work out measures to remedy environmental pollution and guide and inspect the
observance of the environmental protection law by hospitals and other medical
establishments.
Article
40. Environmental protection in construction activities
1. Construction planning must comply
with environmental protection standards and requirements.
2. Construction of works must satisfy
the following environmental protection requirements:
a/ For works built in residential areas,
measures must be taken to ensure that no dust is dispersed and noise, vibration
and light will not exceed allowable limits;
b/ Construction materials must be
transported by means which meet technical specifications, causing no leakage,
spillage and environmental pollution;
c/ Waste water, solid wastes and other
kinds of wastes must be collected and treated up to environmental standards.
3. People's Committees at all levels and
public order management units may apply measures to handle owners of works and
means of transport that violate environmental protection regulations.
Article
41. Environmental protection in transport and traffic activities
1. Transport planning must comply with
environmental protection standards and requirements.
2. Cars, motorbikes and other motor
vehicles which are locally manufactured or assembled or imported must satisfy
gas emission and noise standards and may be put to operate only after they are
inspected and certified by registration offices.
The Ministry of Transport shall assume
the prime responsibility for, and coordinate with the Ministry of Natural
Resources and Environment in, guiding the inspection and certification of
compliance with environmental standards for cars, motorcycles and other motor
vehicles.
3. Cars may be put into circulation only
after they are granted environmental standard compliance certificates by the
Ministry of Transport.
4. Means of transport of raw materials,
materials and wastes must be covered to prevent them from dropping and causing
environmental pollution when joining in traffic.
5. Transport of goods and materials
potentially causing environmental incidents must meet the following
requirements:
a/ Specialized equipment and means are
used, ensuring no leakage or dispersal into the environment;
b/ Having transport permits granted by
competent state management agencies;
c/ Goods and materials are transported
along proper routes and during hours specified in the permits.
6. The State encourages owners of means
of transport of goods potentially causing environmental incidents to buy
insurance for environmental damage compensation liability.
Article
42. Environmental protection in importation and transit of goods
1. Imported machinery, equipment, means,
raw materials, fuels, chemicals and goods must meet environmental standards.
2. The following machinery, equipment,
means, raw materials, fuels, chemicals and goods are banned from import:
a/ Machinery, equipment and means
failing to meet environmental standards;
b/ Used machinery, equipment and means
of transport for dismantlement;
c/ Raw materials, fuels, materials,
chemicals and goods on the list of goods banned from import;
d/ Machinery, equipment and means
affected by radioactive substances or pathological microbes or other poisons
not yet cleaned or unable to be cleaned;
e/ Foodstuffs, medicines, animal and
plant protection drugs that have expired or fail to meet food quality, hygiene
and safety standards.
3. Once machinery, equipment, means, raw
materials, fuels, chemicals or goods defined in Clause 2 of this Article are
imported, their owners must re-export, destroy or dispose of them in accordance
with the provisions of law on waste management; in case of causing serious
consequences to the environment, their owners shall, depending on the nature
and severity of their violations, be administratively handled or examined for
penal liability; if causing any damage, they must pay compensation therefor
according to the provisions of law.
4. Transit of goods, equipment and means
potentially causing environmental pollution, degradation or incidents through
the Vietnamese territory shall be subject to permission and environmental
supervision by state management agencies in charge of environment.
5. The Ministry of Trade shall assume
the prime responsibility for, and coordinate with the Ministry of Natural
Resources and Environment, the Ministry of Finance, concerned ministries,
ministerial-level agencies and Government-attached agencies in, guiding the
compliance with environmental protection requirements in the importation and
transit of goods.
Article
43. Environmental protection in the importation of scraps
1. Imported scraps must meet the
following environmental protection requirements:
a/ Having been sorted and cleaned and
are not mixed with materials, articles and goods banned from import by
Vietnamese laws or treaties to which the Socialist Republic of Vietnam is a
contracting party;
b/ Not containing hazardous wastes and
impurities, except loose harmless impurities left out during loading, unloading
and transportation;
c/ Being on the list of scraps permitted
for import, issued by the Ministry of Natural Resources and Environment.
2. Organizations and individuals using
scraps as raw materials in production or reprocessing must meet all the
following conditions to be granted permits to import scraps:
a/ Having separate warehouses and yards
for storage of scraps, meeting environmental protection conditions;
b/ Being capable of treating impurities
accompanying imported scraps;
c/ Having technologies and equipment for
reprocessing and reuse of scraps, meeting environmental standards.
3. Organizations and individuals
importing scraps shall have the following responsibilities:
a/ To implement the provisions of law on
environmental protection and other relevant laws;
b/ At least five days before loading or
unloading scraps, to notify in writing the kind, quantity and weight of scraps,
border gate of importation, route of transportation, warehouse or yard for
storage of scraps and place of production using scraps to the provincial-level
state management agency in charge of environmental protection of the place
where the production establishment, warehouse or yard for storage of scraps is
located;
c/ To treat impurities accompanying
imported scraps, not to give away or sell such impurities.
4. Provincial-level People's Committees
shall have the following responsibilities:
a/ To supervise, detect, promptly stop
and handle law-breaking acts related to the import of scraps;
b/ Annually, to report to the Ministry
of Natural Resources and Environment on the situation of importation and use of
scraps and environmental issues related to imported scraps in their localities.
5. Import of scraps is a conditional
business. The Ministry of Trade shall assume the prime responsibility for, and
coordinate with the Ministry of Natural Resources and Environment in, issuing
regulations on business criteria and conditions applicable to organizations and
individuals engaged in importing scraps.
Article
44. Environmental protection in mineral activities
1. Organizations and individuals, when
prospecting, exploiting and processing minerals, must take measures to prevent
and respond to environmental incidents and comply with the following
environmental protection and rehabilitation requirements:
a/ Collecting and treating waste water
up to environmental standards;
b/ Collecting and treating solid wastes
according to ordinary solid waste management regulations; and managing
hazardous wastes according to hazardous waste management regulations;
c/ Taking measures to prevent and limit
hazardous dust and gas discharged into the surrounding environment;
d/ Rehabilitating the environment after
completion of mineral prospecting, exploitation and processing activities.
2. Minerals must be stored and
transported in specialized equipment and securely covered so that they cannot
be dispersed into the environment.
3. Use of machinery, equipment and toxic
chemicals in mineral prospecting, exploration, exploitation and processing
shall required technical certificates and be subject to inspection and
supervision by state management agencies in charge of environmental protection.
4. Exploration, prospecting,
exploitation, transportation and processing of petroleum and other minerals
containing radioactive elements or toxic substances must comply with chemical
safety, nuclear and radiation safety regulations and other environmental
protection regulations.
5. The Ministry of Industry shall assume
the prime responsibility for, and coordinate with concerned ministries,
ministerial-level agencies, Government-attached agencies and provincial-level
People's Committees in, directing the collection of statistics on discharging
sources and assessment of the levels of environmental pollution caused by
mineral-exploiting and -processing establishments; and supervise their
observance of the environmental protection law.
Article
45. Environmental protection in tourism
1. Organizations and individuals
managing and operating tourist resorts and sites must take the following
environmental protection measures:
a/ To post up environmental protection
rules at tourist resorts or sites and guide the observance thereof;
b/ To install and arrange reasonably and
adequately sanitary facilities and waste containers;
c/ To arrange employees to keep
environmental sanitation.
2. Tourists shall have to comply with
the following provisions:
a/ To observe environmental protection
rules and instructions in tourist resorts or sites;
b/ To discard wastes into waste
containers at prescribed places;
c/ Not to litter tourist sites;
d/ Not to injure the landscape, nature
conservation zones, natural heritages and living creatures in tourist resorts
or sites.
3. The central tourism state management
agency shall assume the prime responsibility for, and coordinate with concerned
ministries, ministerial-level agencies, Government-attached agencies and
provincial-level People's Committees in, directing, guiding and supervising environmental
protection work in tourist activities in accordance with the provisions of this
Law and other relevant laws.
Article
46. Environmental protection in agricultural production
1. Organizations and individuals
producing, importing and trading in fertilizers, plant protection drugs and/or
veterinary drugs must comply with the provisions of law on environmental
protection and other relevant laws.
2. Trading and use of expired plant
protection drugs and veterinary drugs or those not on permitted lists are
prohibited.
3. Expired fertilizers, plant protection
drugs and veterinary drugs; tools and packages containing fertilizers, and
plant protection drugs and veterinary drugs after use must be disposed of
according to waste management regulations.
4. Concentrated husbandry farms must
comply with the following environmental protection requirements:
a/ Ensuring environmental sanitation for
residential areas;
b/ Having a waste water collection and
treatment system up to environmental standards;
c/ Managing solid wastes discharged from
husbandry according to waste management regulations, not dispersing them into
the environment;
d/ Routinely cleaning stables and farms;
ensuring prevention and combat of epidemics;
e/ Managing carcasses of animals that
died from epidemics according to regulations on hazardous waste management,
hygiene and disease prevention.
5. The Ministry of Agriculture and Rural
Development shall assume the prime responsibility for, and coordinate with the
Ministry of Natural Resources and Environment and provincial-level People's
Committees in, directing, guiding and supervising the observance of the
environmental protection law in agricultural production.
Article
47. Environmental protection in aquaculture
1. Organizations and individuals
producing, importing and trading in veterinary drugs and chemicals used in
aquaculture must observe the provisions of law on environmental protection and
other relevant laws.
2. It is forbidden to use expired
veterinary drugs or chemicals or those not on permitted lists in aquaculture.
3. Expired veterinary drugs and
chemicals for use in aquaculture; packages of veterinary drugs or chemicals
after use in aquaculture; mud and residual feeds dredged from aquaculture ponds
must be collected and disposed of according to waste management regulations.
4. Concentrated aquaculture zones must
be in line with the planning and meet the following environmental protection
requirements:
a/ Wastes must be collected and treated
up to environmental standards of wastes;
b/ The environment must be rehabilitated
after aquaculture is ended;
c/ Environmental sanitation and aquatic
resource disease prevention conditions must be ensured; toxic or
toxin-accumulating chemicals must not be used.
5. Concentrated aquaculture farms must
not be built on alluvial grounds currently taking shape in estuaries or coastal
areas; submerged forests must not be destroyed for aquaculture.
6. The Ministry of Fisheries shall
assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment and provincial-level People's Committees in,
directing, guiding and supervising the observance of the environmental
protection law in aquaculture.
Article
48. Environmental protection in burial services
1. Burial or grave sites must satisfy
the following requirements:
a/ Being located in an area and at a
distance meeting environmental sanitation and landscape conditions of
residential areas;
b/ Not polluting sources of water for
daily life and production use.
2. Lying-in-state, embalmment, move and
burial of corpses and remains must meet environmental sanitation requirements.
3. Burial of persons who died from
dangerous epidemics shall comply with regulations of the Ministry of Health.
4. The State encourages population
communities and people to bury dead persons' bodies in graveyards and
cemeteries already planned; practice hygiene cremation; and give up polluting
burial practices.
5. Organizations and individuals that
provide burial services must comply with the provisions of law on environmental
protection and hygiene and epidemic prevention.
6. The Ministry of Health shall assume
the prime responsibility for, and coordinate with concerned ministries,
ministerial-level agencies, Government-attached agencies and provincial-level
People's Committees in, directing and guiding environmental protection work in
burial services as provided for in this Article.
Article
49. Handling of polluting production, business and service establishments
1. Organizations and individuals
carrying out production, business or service activities causing environmental
pollution shall face the following sanctions:
a/ Fine and forced application of
measures to minimize and treat wastes up to environmental standards;
b/ Suspension from operation till
necessary environmental protection measures are applied;
c/ Other sanctions as provided for in
the law on handling of administrative violations;
d/ In case of loss of human life or
damage to human health, property and legitimate interests of organizations or
individuals due to environmental pollution, compensation must be paid therefor
according to the provisions of Section 2, Chapter XIV of this Law or penal
liabilities shall be examined.
2. Seriously polluting production,
business and service establishments shall not only face sanctions defined in
Clause 1 of this Article but also be handled with one of the following
measures:
a/ Forced application of measures to
remedy environmental pollution, rehabilitate the environment as provided for in
Article 93 of this Law;
b/ Forced relocation to a place far from
residential areas and consistent with the load capacity of the environment;
c/ Ban from operation.
3. Responsibilities and competence to
decide on handling of polluting or seriously polluting establishments are
provided for as follows:
a/ Provincial-level specialized
environmental protection agencies shall be responsible for detecting and
annually making a list of polluting or seriously polluting establishments in
their respective localities, reporting it to the People's Committees of the
same level, the Ministry of Natural Resources and Environment, and concerned
ministries, ministerial-level agencies and Government-attached agencies;
b/ Provincial-level People's Committees
shall decide on the handling of polluting establishments in their localities
according to their competence and the decentralization by the Prime Minister;
c/ Ministers, heads of ministerial-level
agencies and heads of Government-attached agencies shall be responsible for
coordinating with concerned provincial-level People's Committees in deciding
the list of polluting establishments under their management and directing the
handling of such establishments;
d/ The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinating with
concerned ministries, ministerial-level agencies and provincial-level People's
Committees in, submitting to the Prime Minister for decision the list of
establishments causing serious environmental pollution on a scale beyond the
handling competence or ability of ministries, ministerial-level agencies,
Government-attached agencies or provincial-level People's Committees.
4. Ministers, heads of ministerial-level
agencies, heads of Government-attached agencies and presidents of People's
Committees at all levels shall, within the scope of their respective tasks and
powers, be responsible for handling polluting establishments as provided for in
Clause 1 and Clause 2 of this Article.
5. Decisions on handling polluting or
seriously polluting establishments must be notified to district- and
commune-level People's Committees of the places where such establishment are
located and made public for supervision by the people.
6. The Ministry of Natural Resources and
Environment shall specifically guide the inspection and supervision of the
handling of polluting establishments.
7. The State encourages all
organizations and individuals to develop environmental pollution treatment
technologies; provides state budget supports, land funds, preferential credits
and other resources for the handling of seriously polluting establishments.
Chapter
VI
ENVIRONMENTAL
PROTECTION IN URBAN CENTERS AND RESIDENTIAL AREAS
Article
50. Plannings of environmental protection in urban centers and residential
areas
1. Planning of environmental protection
in urban centers or residential areas must constitute part of the planning of
urban centers and residential areas.
2. Planning of environmental protection
in urban centers or residential areas shall cover planning on land for
construction of environmental protection infrastructure works and the following
systems of environmental protection infrastructure works:
a/ Concentrated waste water collection
and treatment system; rainwater drainage system; solid waste collection,
dumping, treatment and recycling system;
b/ System of water supply for daily life
and production;
c/ System of parks, recreation and
entertainment centers, public sanitation facilities;
d/ System of trees and water areas;
e/ Burial area.
3. Production and business
establishments potentially causing environmental pollution and environmental
incidents must not be built in urban centers and residential areas.
4. Provincial-level and district-level
People's Committees shall be responsible for elaborating and approving
environmental protection plannings according to the provisions of the
construction law on planning of urban centers and residential areas.
Article
51. Environmental protection requirements for urban centers and concentrated
residential areas
1. Urban centers must meet the following
environmental protection requirements:
a/ Having environmental protection
infrastructure works in compliance with the planning on urban centers and
concentrated residential areas already approved by competent state agencies;
b/ Having equipment and means for
collecting and regrouping garbage suitable to volumes and kinds of garbage and
capable of accommodating wastes already sorted out at source discharged by
households in residential areas.
2. Concentrated residential areas must
meet the following environmental protection requirements:
a/ Having a rainwater and sewage
drainage system in compliance with the environmental protection planning for
residential areas;
b/ Having garbage regrouping sites
meeting environmental sanitation requirements.
3. For newly built concentrated
residential areas, only if their investors have complied with all environmental
protection requirements defined in Clause 1 of this Article, shall the projects
be permitted for hand-over and use.
Article
52. Environmental protection in public places
1. Organizations, population
communities, households and individuals shall have to follow environmental
protection regulations and keep public places clean; discard rubbish in public
rubbish bins or designated places; and do not let domestic animals soil public
places.
2. Organizations, individuals and
population communities managing parks, recreation and entertainment centers,
tourist resorts, markets, railway stations, bus stations, wharves, ports, ferry
landing stages and other public places shall have the following duties:
a/ To post up sanitation keeping rules
at public places;
b/ To arrange adequate public sanitation
facilities; means and equipment for collecting wastes to meet environmental
sanitation requirements;
c/ To arrange sufficient manpower to
collect wastes and keep clean the environment under their management.
3. Violations of the law on
environmental protection and rules on keeping environmental sanitation in
public places shall be subject to the following sanctions:
a/ Fine;
b/ Forced environmental sanitation labor
for definite terms in public places;
c/ Temporary seizure of violating means
causing environmental pollution.
4. People's Committees at all levels,
the police force and public order management units shall, within the scope of
their respective tasks and powers, have to handle violations of environmental
protection rules in public places according to the provisions of the
environmental protection law and other relevant laws.
Article
53. Environmental protection requirements for households
1. Households shall have to protect the
environment as follows:
a/ To collect and carry garbage to
places designated by local environmental sanitation keeping organizations;
discharging waste water into the sewage system;
b/ Not to disperse discharged gas, make
noise and disperse other agents in excess of environmental standards affecting
health and life of population communities;
c/ To pay fully and on time
environmental protection fees as provided for by law;
d/ To participate in environmental
sanitation activities in streets, village roads, alleys, public places and
environmental protection self-management activities of population communities;
e/ To have hygienic latrines and breeding
stables and farms of poultry and livestock located at a safe distance from
people's living areas;
f/ To observe environmental sanitation
rules in village codes or environmental protection commitments.
2. Strict observance of environmental
protection rules constitutes one of criteria for the title of cultured family.
Article
54. Environmental protection self-management organizations
1. The State encourages population
communities to found self-management organizations to protect the environment
where they live, aiming to perform the following tasks:
a/ Checking and urging households and
individuals to observe rules on environmental sanitation and protection;
b/ Organizing the collection and
treatment of garbage and wastes;
c/ Keeping clean village roads, streets,
roads and public places;
d/ Formulating and implementing village
codes regarding environmental protection; educating and motivating local people
to give up non-hygienic and environment-harmful customs and habits;
e/ Participating in supervision of the
observance of the environmental protection law by production, business and
service establishments in their localities.
2. Self-management organizations for
environmental protection shall be founded and operate on the principles of
voluntariness, joint responsibility and observance of law.
3. Commune-level People's Committees
shall be responsible for issuing operation regulations for self-management
organizations for environmental protection and facilitate their effective
operation.
Chapter
VII
PROTECTION
OF MARINE, RIVER AND OTHER WATER SOURCE ENVIRONMENT
Section
1. PROTECTION OF THE MARINE ENVIRONMENT
Article
55. Principles for marine environmental protection
1. Environmental protection constitutes
a component of the marine economic development master plan designed to mitigate
adverse impacts on the marine environment and raise marine economic
effectiveness.
2. Preventing and restricting wastes
discharged from land and offshore activities; taking initiative and
coordinating in response to marine environmental incidents.
3. Marine environmental protection must
be based on delimitation of functional zones for protection and use of natural
resources.
4. Marine environmental protection must
be associated with integrated management of marine resources and environment in
service of sustainable development.
Article 56. Conservation and rational
use of marine resources
1. Marine resources must be investigated
and assessed in terms of reserve, regeneration capability and economic value to
serve marine environment management and protection.
2. Aquaculture, exploitation of marine
resources and other activities related to exploitation and use of marine
resources must be carried out in line with approved natural resource use
planning.
3. Activities within marine nature
reserves, submerged forests and natural marine heritages must conform to the
rules set by their management boards, to the provisions of the environmental
protection law and other relevant laws.
4. It is strictly forbidden to use
destructive measures, means and tools in exploiting marine resources.
Article
57. Control and treatment of marine environmental pollution
1. Wastes discharged from land,
production, business and trading establishments, urban centers and residential
areas located in coastal regions, on the sea or islands must be surveyed,
enumerated and assessed to work out measures to prevent and limit adverse
impacts on the marine environment.
2. Wastes and other contaminants from
marine production, service, construction, transport and exploitation activities
must be controlled and treated to meet environmental standards.
3. Oil, gas, drilling solutions,
chemicals and other toxic substances used in marine resource exploration and
exploitation must be collected and stored in specialized equipment and be
treated according to hazardous waste management regulations.
4. All forms of dumping wastes in the
waters of the Socialist Republic of Vietnam are strictly forbidden.
Article
58. Organization of prevention and response to marine environmental incidents
1. Organizations and individuals engaged
in mineral exploitation, owners of means of transport of petrol, oil,
chemicals, radioactive substances and other toxic substances on the sea must be
prepared with plans, manpower and equipment to ensure prevention of and
response to environmental incidents.
2. National rescue forces and marine
police force must be trained and equipped with appropriate means and equipment
to effectively respond to marine environmental incidents.
3. Owners of means of transport or warehouses
on the sea which are likely to cause environmental incidents must inform by any
means forces mentioned in Clause 2 of this Article and other related
organizations and individuals thereof for working out plans to prevent and
avoid environmental incidents.
4. Ministries, ministerial-level
agencies, Government-attached agencies and provincial-level People's Committees
of coastal localities shall, within the scope of their respective functions,
tasks and powers, have to detect, warn of and inform in time marine natural
disasters or environmental incidents and organize response to and remedy of
their consequences.
Section
2. PROTECTION OF RIVER WATER ENVIRONMENT
Article
59. Principles for river water environment protection
1. River water environment protection
shall constitute one of the fundamental contents of the planning of
exploitation, use and management of water resources in river basins.
2. River basin localities must be
jointly responsible for protecting the water environment in river basins, take
initiative in jointly tapping benefits brought about by water resources in
river basins and ensuring the interests of local people.
Article
60. Control and treatment of the pollution of the water environment in river
basins
1. River basin waste sources must be
investigated, quantified and assessed and applied with control and treatment
measures before being discharged into rivers.
2. Wastes from production, business,
service, construction, transport activities, exploitation of riverbed minerals
and garbage from households living on the rivers must be controlled and treated
to meet environmental protection requirements before being discharged into
rivers.
3. Development of new production,
business, service, urban centers, concentrated residential areas in a river
basin must be considered in light of the interests of the whole river basin,
taking into account water currents, hydraulic regime, load capacity and
self-clean ability of the river as well as present production, business,
service and urban development activities in the whole river basin.
4. Appraisal of environmental impact
assessment reports of projects to develop new production, business, service,
urban centers or residential areas or large-scale production, business and
service establishments upstream of a river must be commented by
provincial-level People's Committees of downstream provinces.
Article
61. Responsibilities of provincial-level People's Committees for water
environment protection in river basins
1. Provincial-level People's Committees
of river basin localities shall have the following responsibilities:
a/ To make public information on sources
of waste discharged into rivers;
b/ To control sources of waste
discharged into river and handle violations of environmental standards;
c/ To coordinate with concerned agencies
in identifying parties that cause environmental damage and setting compensation
for damaged parties in other localities within the river basin;
2. Provincial-level People's Committees
of upstream localities shall have to coordinate with those of downstream
localities in investigating and identifying river water pollution sources and
applying remedies.
If environmental damage is caused,
provincial-level People's Committees of localities where such damage occurs
shall have to coordinate with concerned agencies in investigating and assessing
the damage and requesting damage-causing parties to pay compensation therefor.
3. Provincial-level People's Committees
of localities where waste-discharging sources are located shall have to apply
measures to force environmental pollution-causing parties to remedy and pay
compensations in accordance with the provisions of law.
Article 62. Organization of water
environmental protection in river basins
1. Coordination of environmental
protection activities for rivers flowing through several provinces and
centrally-run cities shall comply with regulations of the Prime Minister.
2. Provincial-level People's Committees
of river basin localities shall be responsible for taking measures to protect
the river basin water environment.
3. The Ministry of Natural Resources and
Environment shall guide and guide the implementation of the Prime Minister's
regulations on river basin water environment protection.
Section
3. PROTECTION OF THE ENVIRONMENT OF OTHER WATER SOURCES
Article
63. Protection of the environment of water sources in lakes, ponds, canals and
ditches
1. Water sources in lakes, ponds, canals
and ditches must be surveyed and assessed in terms of reserve and quality, be
protected and regulated.
2. Lakes, ponds, canals and ditches in
urban centers and residential areas must be planned, renovated and protected;
organizations and individuals must not transgress water surface, build
structures and houses over water surface or on the banks adjacent to water
surface of the lakes, ponds, canals or ditches already planned; fill-up and
leveling of lakes and ponds in urban centers and residential areas shall be
limited as much as possible.
Owners of projects on obstruction of the
flow of canals or ditches and projects on fill-up and leveling of lakes, ponds,
canals or ditches must elaborate environmental impact assessment reports in
accordance with the provisions of law.
3. Discharge of soil, rock, sand,
gravel, solid water or waste water not yet treated up to environmental
standards and other kinds of waste to water surface sources of lakes, ponds,
canals or ditches shall be strictly prohibited.
4. Provincial-level People's Committees
shall be responsible for surveying and assessing the reserve and quality of,
and planning protection and regulation of, water in lakes, ponds, canals and
ditches; plan and carry out the relocation of residential quarters, houses and
works built over lakes, ponds, canals or ditches, polluting the environment and
obstructing the flow of water, degrading the wetland ecology and badly
affecting the urban landscape.
Article
64. Protection of the environment of reservoirs used for irrigation and
hydropower purposes
1. Construction, management and
operation of reservoirs used for irrigation and hydropower purposes must be
associated with environmental protection.
2. It is strictly forbidden to
transgress reservoirs, dump untreated solid wastes, soil, rock and waste water
into reservoirs.
3. Water environment in reservoirs used
for irrigation and hydropower purposes must be periodically monitored to
predict changes in water quality, hydraulic regime to regulate water sources
and protect the environment.
4. Agencies managing reservoirs used for
irrigation and hydropower purposes shall have to observe the provisions of this
Law and other relevant laws.
Article
65. Groundwater environment protection
1. Environmental protection in
groundwater exploration and exploitation is provided for as follows:
a/ Projects to exploit groundwater with
a capacity of 10,000 cubic meters or more per day and night shall require
environmental impact assessment reports;
b/ Only chemicals on permitted lists
issued by competent state agencies may be used in groundwater exploration and
exploitation.
c/ It is strictly forbidden to introduce
into groundwater sources toxic chemicals and wastes, untested microorganisms
and other agents harmful to man and living organisms;
d/ Measures must be taken to prevent
groundwater source pollution through drilled wells for groundwater exploration
and exploitation; groundwater-exploiting units shall be responsible for
rehabilitating the environment of exploration and exploitation areas;
exploration and exploitation boreholes which are no longer used must be filled
up in accordance with technical processes to avoid groundwater pollution.
2. For mineral exploitation projects and
other projects using toxic chemicals and/or radioactive substances, measures
must be taken to prevent leakage and dispersal of toxic chemicals and wastes,
radioactive wastes and infectious living organisms into groundwater sources.
3. Chemical warehouses, treatment
facilities, hazardous waste burial areas must be constructed to ensure
technical safety and prevention of toxic chemicals from penetration into
groundwater sources.
4. The Ministry of Natural Resources and
Environment shall be responsible for directing the organization of periodical
surveys, assessments and monitoring of groundwater reserve and quality.
Chapter
VIII
WASTE
MANAGEMENT
Section
1. GENERAL PROVISIONS ON WASTE MANAGEMENT
Article
66. Waste management responsibilities
1. Organizations and individuals engaged
in waste-generating activities shall be responsible for reducing, recycling and
reusing wastes so as to minimize the quantity of waste to be incinerated or
discarded.
2. Sources, quantities, properties of
waste must be identified to ensure application of appropriate treatment methods
and procedures to each kind of waste.
3. If organizations and individuals
engaged in production, business and service activities well perform waste
management, they shall be granted environmental standard compliance
certificates.
4. Waste management shall be performed
under the provisions of this Law and other relevant laws.
Article
67. Collection and disposal of expired and discarded products
1. Owners of production, business and
service establishments shall be responsible for recovering the following
expired or discarded products:
a/ Radioactive sources used in
production, business or services;
b/ Batteries, accumulators;
c/ Electronic and electric equipment for
civil and industrial use;
d/ Lubricants, grease and packages hard
to discompose in nature;
e/ Drugs and chemicals for industrial,
agricultural and aquatic use; medicines for human use;
f/ Means of transport;
g/ Tubes and tires;
h/ Other products as decided by the
Prime Minister.
2. The Prime Minister shall stipulate
the recovery and disposal of products specified in Clause 1 of this Article.
Article
68. Recycling of wastes
1. Wastes must be sorted at source into
categories suitable for recycling, disposal, incineration and burial.
2. Organizations and individuals engaged
in recycling wastes and products specified in Article 67 shall enjoy
preferential policies as provided for in this Law and other relevant laws.
3. Organizations and individuals
investing in constructing waste recycling facilities shall be given by the
State preferences in tax, funding support and land for construction thereof.
Article 69. Waste management
responsibilities of People's Committees at all levels
1. To plan and arrange sites for
gathering solid wastes from daily life, build concentrated sewage treatment
systems and waste burial sites.
2. To invest, build and operate public
waste management works within the scope of their management.
3. To inspect and supervise waste
management projects of organizations or individuals before they are put to use.
4. To adopt and implement preferential
and support policies for waste management activities in accordance with the
provisions of law.
Section
2. HAZARDOUS WASTE MANAGEMENT
Article
70. Compilation of records, registration, grant of permits and code numbers for
hazardous waste management
1. Organizations and individuals engaged
in hazardous waste-generating activities or parties that receive and manage
hazardous wastes must compile records and register with provincial-level
specialized environmental protection agencies.
2. Organizations and individuals meeting
all capacity conditions for hazardous waste management shall be granted permits
and code numbers for hazardous waste management.
3. The Ministry of Natural Resources and
Environment shall issue regulations on capacity conditions and guide the
compilation of records, registration and grant of permits and code numbers for
hazardous waste management.
Article
71. Sorting, collection and temporary storage of hazardous wastes
1. Organizations and individuals engaged
in hazardous waste-generating activities must organize by themselves the
sorting and collection of hazardous wastes or sign contracts for delivery to
parties that receive and manage hazardous wastes.
2. Hazardous wastes must be temporarily
stored in specialized equipment ensuring no leakage, spillage or dispersal into
the environment.
3. Organizations and individuals must be
prepared with plans and equipment for prevention and control of incidents
caused by hazardous wastes; must not mix hazardous wastes with ordinary ones.
Article
72. Transport of hazardous wastes
1. Hazardous wastes must be transported
in appropriate specialized equipment and by appropriate specialized means along
routes and during hours specified by competent traffic management agencies.
2. Only organizations and individuals
that hold permits for hazardous waste transport may participate in hazardous
waste transport.
3. Means of transport of hazardous
wastes must be provided with equipment to prevent and control leakage, spillage
and environmental incidents caused by hazardous wastes.
4. Organizations and individuals engaged
in the transport of hazardous wastes shall be responsible for leakage, spillage
or environmental incidents occurring during transport, loading and unloading.
Article
73. Treatment of hazardous wastes
1. Hazardous wastes must be treated to
meet environmental standards by methods, technologies and equipment appropriate
to chemical, physical and biological characteristics of each type of hazardous
waste; in case there is no such treatment technology and equipment in the
country, hazardous wastes must be stored according to the provisions of law and
the guidance issued by state management agencies in charge of environmental
protection until they are treated.
2. Only organizations and individuals
that hold permits and operational code numbers may participate in treatment of
hazardous wastes.
3. Organizations and individuals that
build hazardous treatment facilities must elaborate environmental impact
assessment reports and comply with environmental protection requirements.
4. The transfer of the hazardous waste
treatment responsibility between the generator and the party receiving such
responsibility must be effected under contracts certified by provincial-level
specialized environmental protection agencies.
5. A contract of transfer of the
hazardous waste treatment responsibility must specify the origin, composition
and kind of hazardous waste, treatment technology and burying measure after
treatment.
Article
74. Hazardous waste treatment establishments
1. Hazardous waste treatment
establishments must comply with the following environmental protection
requirements:
a/ Compliance with the approved planning
on collection, treatment and burial of hazardous wastes;
b/ Having registered the list of
hazardous wastes to be treated;
c/ Having their hazardous waste
treatment technology registered and assessed;
d/ Being located at an environmentally
safe distance from residential areas, nature conservation zones, surface water
and groundwater sources;
e/ Having plans and equipment for
prevention of and response to environmental incidents;
f/ Having been designed and constructed
according to technical specifications and technological processes ensuring that
hazardous wastes are treated up to environmental standards;
g/ Having been inspected and certified
by competent state management agencies in charge of environmental protection
before being put to operation;
h/ Storing hazardous wastes before and
after treatment in specialized equipment appropriate to their types;
i/ Ensuring safety for the health and
life of workers working in hazardous waste treatment establishments.
2. The Ministry of Construction shall
assume the prime responsibility for, and coordinate with the Ministry of Natural
Resources and Environment in, issuing technical specifications and guidelines,
inspecting and certifying hazardous waste treatment establishments.
Article
75. Hazardous waste burial sites
1. Hazardous waste burial sites must
meet the following environmental protection requirements:
a/ Being located according to planning,
designed according to technical specifications applied to hazardous waste
burial sites; being located at an environmentally safe distance from
residential areas, nature conservation zones, surface water and ground water
sources for daily-life use; having boundary fences and warning signboards;
b/ Having plans and equipment for
prevention of and response to environmental incidents;
c/ Meeting all environmental sanitation
conditions and not dispersing toxic gases to the surrounding environment;
d/ Having been inspected and certified
by competent state management agencies to satisfy all technical specifications
for receiving and burying hazardous wastes before being put to operation;
2. The Ministry of Construction shall
assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment in, issuing technical specifications and
guidelines, inspecting and certifying hazardous waste burial sites.
Article
76. Planning of collection, treatment and burial of hazardous wastes
1. The Ministry of Construction shall
assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment and provincial-level People's Committees in,
elaborating a national master plan on collection, treatment and burial of
hazardous wastes and submitting it to the Prime Minister for approval.
2. The contents of the national master
plan on collection, treatment and burial of hazardous wastes include:
a/ Survey, assessment and prediction of
hazardous waste sources, types and quantities of hazardous wastes;
b/ Location of hazardous waste treatment
establishments and burial sites;
c/ Methods of collection, routes for
transportation; location, size, type and methods of storage; determination of
technologies for treatment, recycling, destruction and burial of hazardous
wastes;
d/ Plans and resources for ensuring that
all hazardous wastes are adequately monitored and thoroughly treated.
3. Provincial-level People's Committee
shall be responsible for allocating land areas for the construction of
hazardous waste burial sites according to approved planning.
Section
3. MANAGEMENT OF ORDINARY SOLID WASTES
Article
77. Classification of ordinary solid wastes
1. Ordinary solid wastes shall be
classified into the following main categories:
a/ Recyclable or reusable wastes;
b/ Wastes to be destroyed or buried.
2. Organizations and individuals generating
ordinary solid wastes shall have to sort wastes at source to improve waste
management efficiency.
Article
78. Collection, transport of ordinary solid wastes
1. Organizations and individuals
managing concentrated production, business and service zones, concentrated
residential areas or public areas must arrange adequate and appropriate
collecting equipment to receive solid wastes suitable for sorting at source.
2. Ordinary solid wastes must be
transported in the categories as sorted at source and in specialized equipment
that ensure no leakage or dispersal of odor during transport.
In urban areas and residential areas,
wastes must be transported along routes designated by competent traffic
management agencies.
3. Ordinary solid wastes shall be used to
the maximum extent for recycling and reuse; the discard of wastes which are
still valuable for recycling or use for other purposes shall be minimized.
Article
79. Ordinary solid waste recycling and destruction establishments, ordinary
solid waste burial sites
1. Ordinary solid waste recycling and
destruction establishments, ordinary solid waste burial sites must comply with
the following requirements:
a/ Compliance with the approved planning
on collection, recycling, destruction and burial of ordinary solid wastes;
b/ Being located far from residential
areas, surface water sources and places where they can pollute groundwater
sources;
c/ Being designed, constructed and
operated to thoroughly, economically and efficiently treat wastes without
causing environmental pollution;
d/ Having separate areas where waste
waster discharged from ordinary solid wastes is treated;
e/ Having been inspected and certified
by state management agencies in charge of environmental protection after
construction and before receiving wastes for recycling, treatment or burial.
2. Provincial-level People's Committees
shall be responsible for directing the construction and management of ordinary
solid waste recycling and destruction establishments and burial sites in their
respective localities.
3. The Ministry of Construction shall
assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment in, issuing technical specifications and
guidelines, inspecting and certifying ordinary solid waste recycling and
destruction establishments and burial sites.
Article
80. Planning on collection, recycling, destruction and burial of ordinary solid
wastes
1. Contents of the planning on
collection, recycling, destruction and burial of ordinary solid wastes include:
a/ Survey, assessment and prediction of
waste sources and total quantities of wastes to be generated;
b/ Assessment of the ability to sort at
source and the ability to recycle wastes;
c/ Location and area of collection
sites, recycling and destruction establishments and burial sites;
d/ Selected appropriate technologies;
e/ Schedule and resources for
implementation.
2. Provincial-level People's Committees
shall be responsible for allocating land areas for, and organizing the
construction and management of, ordinary solid wastes collection, recycling and
destruction establishments and burial sites in their localities according to
the approved planning.
3. The Ministry of Construction shall
assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment in, formulating a national master plan on
collection, recycling, destruction and burial of ordinary solid wastes and
submitting it to the Prime Minister for approval.
Section
4. MANAGEMENT OF WASTE WATER
Article
81. Collection and treatment of waste water
1. In urban centers and residential
areas, there must be separate systems for collection of rainwater and waste
water; waste water from daily life must be treated up to environmental
standards before being discharged into the environment.
2. Waste water of production, business
and service establishments and zones must be collected and treated up to
environmental standards.
3. Mud discharged from waste water
treatment systems must be managed according to solid waste management
regulations.
4. Waste water and mud containing
hazardous elements must be managed according to hazardous waste management
regulations.
Article
82. Waste water treatment systems
1. A waste water treatment system shall
be required for:
a/ Concentrated production, business and
service zones;
b/ Craft villages;
c/ Production, business and service
establishments not linked to a concentrated waste water treatment system.
2. A waste water system must meet the
following requirements:
a/ Having a technological process
suitable to the type of waste water to be treated;
b/ Being of sufficient capacity to treat
the waste water volume discharged;
c/ Treating waste water up to
environmental standards;
d/ Having discharging sluices located at
places convenient for supervision and monitoring;
e/ Operating in a routine manner.
3. Owners of waste water management
systems must conduct periodical monitoring of waste water quality before and
after treatment. Monitoring data shall be kept as a basis for checking and
supervising the operation of waste water treatment systems.
Section
5. MANAGEMENT AND CONTROL OF DUST, GASES, NOISE, VIBRATION, LIGHT AND RADIATION
Article
83. Management and control of dust and gas emissions
1. Organizations and individuals engaged
in production, business and services activities emitting dust and gases shall
have to control and treat dust and gas emissions up to environmental standards.
2. Use of fuels, materials, equipment
and means emitting noxious gases into the environment shall be restricted.
3. Means of transport, machinery,
equipment and construction works emitting dust and gases must be equipped with
gas filters and reducers, dust shields or other covers to reduce dust up to
environmental standards.
4. Dust and gas emissions containing
hazardous elements must be managed according to hazardous waste management
regulations.
Article
84. Management of greenhouse gases and ozone layer-depleting gases
1. The Ministry of Natural Resources and
Environment shall be responsible for calculating greenhouse gas emissions
nationwide so as to implement treaties to which the Socialist Republic of
Vietnam is a contracting party.
2. Transfer, buying and selling of greenhouse
gas emission quotas between Vietnam and foreign countries shall be stipulated
by the Prime Minister.
3. The State encourages production,
business and service establishments to minimize greenhouse gas emissions.
4. Production, import and use of ozone
layer-depleting compounds shall be prohibited in accordance with treaties to
which the Socialist Republic of Vietnam is a contracting party.
Article
85. Restriction of noise, vibration, light and radiation
1. Organizations and individuals causing
noise, vibration, light or radiation in excess of environmental standards shall
have to control and treat them up to environmental standards.
2. Production, business and service
establishments within residential areas that cause noise, vibration, light or
radiation in excess of permitted levels must take measures to restrict and
reduce them to levels not affecting the life and health of population
communities.
3. For roads of high traffic density or
construction works causing noise, vibration, light or radiation in excess of
permitted levels, measures must be taken to reduce noise, vibration, light or
radiation up to environmental standards.
4. Production, import, transportation,
trading and use of crackers shall be prohibited. Production, import,
transportation, trading and use of fireworks shall comply with regulations of
the Prime Minister.
Chapter
IX
PREVENTION
OF, RESPONSE TO ENVIRONMENTAL INCIDENTS, REMEDY OF ENVIRONMENTAL POLLUTION AND
REHABILITATION OF ENVIRONMENT
Section
1. PREVENTION OF AND, RESPONSE TO ENVIRONMENTAL INCIDENTS
Article
86. Prevention of environmental incidents
1. Owners of production, business and
service establishments and means of transport potentially causing environmental
incidents must apply the following measures:
a/ To prepare plans for prevention of
and response to environmental incidents;
b/ To install and furnish equipment,
tools and means to respond to environmental incidents;
c/ To train and arrange forces ready to
respond to environmental incidents;
d/ To observe labor safety rules and
implement a routine checking regime;
e/ To promptly take or propose competent
agencies to take measures to eliminate causes of environmental incidents when
detecting their signs.
2. Prevention of environmental incidents
caused by natural disaster shall cover:
a/ Building capacity to predict, warn
dangers and developments of disasters possibly causing environmental incidents;
b/ Investigating, recording and
assessing the risk of natural disasters likely to occur nationwide and in each
region;
c/ Planning and constructing projects
for prevention of incidents and mitigation of their consequences in places
where environmental incidents are likely to occur.
3. Ministries, ministerial-level
agencies, Government-attached agencies and provincial-level People's Committee
shall, within the scope of their respective tasks and powers, carry out
activities defined in Clause 2 of this Article.
Article 87. Biological safety
1. Organizations and individuals engaged
in production, business and service activities related to genetically modified
organisms and products thereof must observe the provisions of law on
biodiversity, food safety and hygiene, cultivated plant varieties and livestock
breeds, and other relevant laws.
2. Organizations and individuals may
only research into, experiment, produce, trade in, use, import, export, store
and transport genetically modified organisms and products thereof on the list
of those permitted by law and must meet all conditions on biological safety and
procedures as provided for by law.
3. Import and transit of animals, plants
and microorganisms must be permitted by competent state agencies and they must
be quarantined according to the provisions of law on quarantine of animals,
plants and microorganisms.
Article
88. Chemical safety
1. Organizations and individuals engaged
in producing, trading in, transporting, storing, using chemicals or other
activities related to chemicals may carry out such activities only when they
meet all conditions, procedures and take all measures to ensure chemical safety
in accordance with the provisions of law on management and use of chemicals and
other relevant laws.
2. Use of chemical fertilizers,
chemicals, feeds, plant and animal protection drugs causing environmental pollution
and degradation or biodiversity degradation shall be restricted.
Article 89. Nuclear and radiation safety
1. Activities related to nuclear and
radiation include:
a/ Exploring, exploiting and refining
radioactive substances of natural origin;
b/ Storing, preserving and transporting
radioactive substances;
c/ Producing, trading in, providing
services and materials containing radioactive substances or products;
d/ Producing products or building
projects causing electromagnetic radiation;
e/ Using nuclear and atomic
technologies, equipment containing radioactive substances or equipment causing
electromagnetic radiation;
f/ Importing and exporting materials,
equipment and technologies containing radioactive substances.
2. Organizations and individuals that
carry out activities defined in Clause 1 of this Article must observe the
provisions of law on nuclear safety and electromagnetic radiation safety.
3. Nuclear safety and radiation safety
must aim at:
a/ Not adversely affecting human beings
and living organisms;
b/ Not polluting the environment or
adversely affecting environmental components;
c/ Not causing environmental incidents
and disasters.
4. Nuclear safety standards and
electromagnetic radiation safety standards are compulsory national standards
and shall be issued by competent state agencies.
Article
90. Response to environmental incidents
1. Responsibilities to respond to
environmental incidents are defined as follows:
a/ Organizations and individuals causing
environmental incidents shall have to take urgent measures to ensure safety for
persons and property; organize the rescue of persons and property and promptly
inform such to local administrations or specialized environmental protection
agencies of the localities where such incidents occur;
b/ If an environmental incident occurs
at an establishment or in a locality, the head of such establishment or
locality shall have to urgently mobilize manpower, materials and means to
promptly respond to it.
c/ If an environmental incident occurs
on a scale involving two or more establishments or localities, the heads of
such establishments or localities shall have to collaborate with one another in
responding to it.
d/ In case establishments or localities
are unable to respond to environmental incidents, they must urgently report
them to their superior management agencies for the latter to promptly mobilize
other establishments and localities to join in responding to such incidents;
requested establishments and localities must take measures to respond to environmental
incidents according to their abilities.
2. Manpower, materials and means used to
respond to environmental incidents shall be indemnified according to the
provisions of law.
3. Response to extremely serious
environmental incidents shall comply with the provisions of law on state of
emergency.
4. The obligation to compensate for
damages caused by environmental incidents shall be performed in accordance with
the provisions of Section 2, Chapter XIV of this Law, the Civil Code and other
relevant laws.
Article
91. Building of forces for response to environmental incidents
1. The State shall be responsible for
building forces and providing equipment for forecast and warning of natural
disasters, weather and environmental incidents.
2. Production, business and service
establishments shall be responsible for building their capacity to prevent and
respond to natural disasters and environmental incidents.
Section
2. REMEDY OF ENVIRONMENTAL POLLUTION AND REHABILITATION OF ENVIRONMENT
Article
92. Grounds for identifying polluted areas
1. The environment shall be considered
polluted when the content of one or more polluting agents exceeds the
environmental quality standards.
2. The environment shall be considered
seriously polluted when the content of one or more chemicals and heavy metals
exceeds 3 times the environmental quality standards or the content of one or
more other polluting agents exceeds 5 times the environmental quality
standards.
3. The environment shall be considered
particularly seriously polluted when the content of one or more chemicals and
heavy metals exceeds 5 times the environmental quality standards or the content
of one or more other polluting agents exceeds 10 times the environmental
quality standards.
Article
93. Remedy of environmental pollution and rehabilitation of environment
1. Investigation and identification of
polluted areas shall cover the following contents:
a/ Scope and boundaries of polluted
areas;
b/ Degree of pollution;
c/ Causes of pollution and responsibilities
of related parties;
d/ Activities to be carried out to
remedy the pollution and rehabilitate the environment;
e/ Damage caused to the environment,
serving as a basis for claiming compensation.
2. Responsibilities to investigate and
identify polluted areas are defined as follows:
a/ Provincial-level People's Committee
shall organize the investigation and identification of polluted areas in their
localities;
b/ The Ministry of Natural Resources and
Environment shall direct the coordination among provincial-level People's
Committees in organizing the investigation and identification of polluted areas
covering two or more provinces and/or centrally-run cities.
Results of investigation, including the
causes, degree and scope of pollution, and damages caused to the environment,
must be made public.
3. Organizations and individuals causing
environmental pollution shall be responsible for:
a/ Complying with requests of state
management agencies in charge of environment defined in Clause 2 of this Article
in the process of investigation and identification of the pollution scope,
area, degree and causes as well as measures to remedy pollution and
rehabilitate the environment;
b/ Promptly applying measures to stop
and limit the source of pollution and restrict its expansion affecting the
health and life of local inhabitants;
c/ Taking measures to remedy
environmental pollution and rehabilitate the environment at the request of
state management agencies in charge of environment defined in Clause 2 of this
Article;
d/ Compensating for damage in accordance
with the provisions of this Law and other relevant laws.
In case the pollution is jointly caused
by several organizations or individuals, state management agencies in charge of
environment defined in Clause 2 of this Article shall be responsible for
working with concerned parties to clearly determine the responsibilities of
each party for remedying pollution and rehabilitating the environment.
4. In case of pollution caused by
natural disaster or unidentified reasons, ministries, ministerial-level
agencies, Government-attached agencies and People's Committees at all levels
shall, within the scope of their respective tasks and powers, be responsible
for mobilizing all resources to respond to and remedy environmental pollution.
5. For polluted areas covering two or
more provinces and/or centrally-run cities, pollution remedy and environment
rehabilitation shall be directed by the Prime Minister.
Chapter
X
ENVIRONMENT
MONITORING AND INFORMATION
Article
94. Environment monitoring
1. The environmental status and
environmental impacts shall be supervised under the following environment
monitoring programs:
a/ National environment status
monitoring;
b/ Monitoring of environmental impacts
exerted by activities of branches and domains;
c/ Monitoring of environmental status of
provinces and centrally-run cities;
d/ Monitoring of environmental impacts
exerted by activities of production, business and service establishments and
concentrated production, business and service zones.
2. Environment monitoring
responsibilities are defined as follows:
a/ The Ministry of Natural Resources and
Environment shall organize national environment status monitoring;
b/ Ministries, ministerial-level
agencies and Government-attached agencies shall organize the monitoring of
environmental impacts exerted by activities of branches and domains under their
management;
c/ Provincial-level People's Committees
shall organize environmental status monitoring within their localities;
d/ Managers or operators of production,
business and service establishments and concentrated production, business and
service zones shall organize the monitoring of environmental impacts exerted by
their establishments.
Article
95. Environment monitoring systems
1. An environment monitoring system
shall consist of:
a/ Sampling and surveying stations for
environment monitoring;
b/ Laboratories, sample analysis
centers, environment monitoring data management and processing centers.
2. Environment monitoring systems must
be planned and constructed synchronously, meeting monitoring requirements for
providing information in service of environment management and protection.
3. Organizations and individuals that have
adequate professional capabilities and technical equipment shall be allowed to
participate in environment monitoring.
Article
96. Planning of the environment monitoring system
1. Planning of the environment
monitoring system shall cover the following contents:
a/ Investigation and research to
identify objects to be monitored and data to be collected for environmental
protection;
b/ Identification of the number,
arrangement, size and functions of environment sampling stations;
c/ Arrangement of the equipment system
for use in environment monitoring;
d/ Schedule and resources for
implementation;
e/ Training of human resources capable
of performing environment monitoring tasks.
2. Responsibilities for planning of and
approval of planning for the environment monitoring system are defined as
follows:
a/ The Ministry of Natural Resources and
Environment shall formulate a national environment monitoring master plan and
submit it to the Prime Minister for approval; direct the uniform collection and
management of environment monitoring data;
b/ Provincial-level specialized
environmental protection agencies shall work out plans on environment
monitoring networks in their localities and submit them to the People's
Committees of the same level for approval;
c/ Organizations and individuals
managing concentrated production, business and service zones shall organize the
construction and management of environment monitoring networks in areas under
their management.
Article
97. Environment monitoring programs
1. Environment monitoring programs
include programs on environment status monitoring and programs on monitoring of
environmental impacts exerted by socio-economic activities. Environment
monitoring programs must be implemented in a consistent and synchronous manner.
2. An environment status monitoring
program shall cover the following activities:
a/ Periodically taking samples for
analysis and forecast of changes in soil, water and air quality;
b/ Tracking changes in quantity,
composition and status of natural resources;
c/ Tracking changes in quality,
quantity, composition and status of ecosystems, species and gene sources.
3. An environmental impact monitoring
program shall cover the following activities:
a/ Tracking quantity, status and changes
in adverse impact sources;
b/ Tracking changes in quantity,
composition and toxicity of solid wastes, gases and waste water;
c/ Detecting and assessing trans-border
impacts on the domestic environment.
4. The Ministry of Natural Resources and
Environment shall guide the planning and organization of environment monitoring
programs.
Article
98. Environmental indicators
1. Environmental indicators are basic
parameters reflecting distinct elements of the environment to serve the
assessment of environment quality, tracking of changes in environment quality
and making of environmental status quality.
2. The Ministry of Natural Resources and
Environment shall issue a set of national environmental indicators for nationwide
application.
Article
99. Provincial-level environmental status reports
1. The contents of a provincial-level
environ-mental status report include:
a/ Status and changes in quality of soil
environment;
b/ Status and changes in quality water
environment;
c/ Status and changes in quality of air
environment;
d/ Status and changes in quantity, state
and quality of natural resources;
e/ Status and changes in quality and
state of ecosystems; quantity and composition of species and gene sources;
f/ Status of environment of urban
centers, concentrated residential areas, concentrated production, business and
service zones, and craft villages;
g/ Areas with polluted and degraded
environment, list of seriously polluting establishments;
h/ Urgent environmental problems and
their main causes;
i/ Measures to remedy environmental
pollution and degradation and improve the environment;
j/ Assessment of local environmental
protection activities;
k/ Plans, programs and measures to meet
environmental protection requirements.
2. Once every five years,
provincial-level People's Committees shall have to elaborate environmental
status reports for the same period of local socio-economic development plans
and submit them to the People's Councils of the same level and report them to
the Ministry of Natural Resources and Environment.
Article
100. Environmental impact reports of branches and domains
1. The contents of environmental impact
reports of branches or domains include:
a/ Status, quantity and development of
adverse impact sources;
b/ Status, development, composition and
degree of hazard of wastes by branch or domain;
c/ A list of seriously polluting
establishments and the handling thereof;
d/ Assessment of environmental
protection by branches or domains;
e/ Predicted challenges to the
environment;
f/ Plans, programs and measures to meet
environmental protection requirements.
2. Once every five years, ministries,
ministerial-level agencies and Government-attached agencies shall elaborate
environmental impact reports of branches or domains under their respective
management for the same five-year plan period and send them to the Ministry of
Natural Resources and Environment.
Article
101. National environment reports
1. The contents of a national
environment report include:
a/ Environmental impacts exerted by
activities of branches and domains;
b/ Status of the national environment
and urgent environmental problems;
c/ Assessment of the implementation of
environmental protection policies and laws, management and measures;
d/ Predicted challenges to the
environment;
e/ Plans, programs and measures to meet
environmental protection requirements.
2. Once every five years, the Ministry
of Natural Resources and Environment shall have to elaborate national
environment reports for the same plan period of national socio-economic
development for submission by the Government to the National Assembly; and make
annual specialized environment reports.
Article
102. Environmental statistics and archive of environmental data and information
1. Environmental data from environment
monitoring programs must be collected and archived to serve environment
management and protection work.
2. Collection and archive of
environmental data are specified as follows:
a/ The Ministry of Natural Resources and
Environment shall coordinate with the central state management agency in charge
of statistics in developing a database on national environment;
b/ Ministries, ministerial-level
agencies and Government-attached agencies shall collect and archive
environmental data of branches and domains under their respective management;
c/ People's Committees at all levels
shall collect and archive environmental data of their localities;
d/ Managers or operators of production,
business and service establishments or concentrated production, business and
service zones shall have to collect and archive data on environmental impacts,
discharge sources and wastes discharged from their activities.
3. Ministries, ministerial-level
agencies, Government-attached agencies and People's Committees at all levels
shall develop environmental data collection, processing, synthesis and storage
systems and apply information technologies in collecting and archive of
environmental data.
Article
103. Publication and supply of environmental information
1. Organizations and individuals
managing concentrated production, business and service zones, owners of
production, business and service establishments subject to elaboration of
environmental impact assessment reports shall have to report environmental
information under their management to provincial-level specialized
environmental protection agencies.
2. Production, business and service
establishments other than those mentioned in Clause 1 of this Article shall
have to supply environmental information relating to their activities to
district-level specialized environmental protection agencies or commune-level
environmental protection officials of the places where they operate and make
public environmental information among local communities.
3. Specialized environmental protection
agencies at all levels shall have to report environmental information of their
localities to their immediate superior agencies and publish essential
environmental information on a periodical basis or upon request.
4. Ministries, ministerial-level
agencies and Government-attached agencies shall have to periodically supply the
Ministry of Natural Resources and Environment and central state management
agency in charge of statistics with environmental information relating to
industries and domains under their respective management.
Article
104. Publication of environmental information and data
1. The following environmental
information and data, except those classified as state secrets, must be made
public:
a/ Environmental impact assessment
reports, decisions approving environmental impact assessment reports, and plans
for implementation of such decisions;
b/ Registered environmental protection
commitments;
c/ Lists, information on discharge
sources, wastes harmful to human health and environment;
d/ Areas with serious and particularly
serious environmental pollution and degradation; areas prone to environmental
incidents;
e/ Planning for waste collection, recycling
and treatment;
f/ Provincial-level environmental status
reports, environmental impact reports of branches and domains, and national
environment reports.
2. Information must be made public in
forms easily accessible by concerned organizations and individuals.
3. Agencies publishing environmental
information shall take responsibility before law for the accuracy, truthfulness
and objectivity of such information.
Article
105. Exercise of grassroots democracy in environmental protection
1. Organizations and individuals
managing concentrated production, business and service zones, owners of
production, business and service establishments; professional organizations and
staffs in charge of environmental protection shall have to inform the people
and laborers in their production, business and service establishments of the
environment situation, measures to prevent and restrict adverse environmental
impacts and measures to remedy environmental pollution and degradation in one
of the following forms:
a/ Meetings with the people and
laborers;
b/ Written notices and announcements.
2. Dialogues about environmental issues
must be held in the following cases:
a/ At the request of dialogue-seeking
parties;
b/ At the request of state management
agencies in charge of environmental protection at all levels;
c/ In response to complaint and
denunciation petitions, lawsuits filed by concerned organizations or
individuals.
3. Responsibilities for explanation and
dialogue about environmental issues are defined as follows:
a/ The dialogue-requesting party must
send in advance the requested party issues which need to be explained or
dialogued;
b/ Within 5 working days after the date
of receipt of a request, the requested party must prepare replies, explanations
or dialogues;
c/ In case the state management agency
in charge of environmental protection requests a dialogue to be organized, the
concerned parties shall comply with such request.
4. Dialogues about environmental issues
shall be held in accordance with the provisions of law and under the
chairmanship of People's Committees or specialized environmental protection
agencies.
5. Results of dialogues, including
opinions and agreements, must be recorded in minutes serving as a basis for
concerned responsible parties to follow or consider the handling of violations
of the environmental protection law and compensation for environmental damages.
Chapter
XI
RESOURCE
FOR ENVIRONMENTAL PROTECTION
Article
106. Propaganda about environmental protection
1. The environmental protection law,
good persons, good deeds and good typical examples in environmental protection
activities must be regularly and widely disseminated.
2. The State shall confer prices and
rewards for environmental protection to organizations and individuals that have
made outstanding achievements in environmental protection activities; and
organize quizzes about environmental protection in order to raise environmental
protection knowledge and awareness for the public.
3. Good performance of environmental
protection shall constitute a criterion for recognition and conferment of
emulation titles.
4. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with
information and propaganda agencies and the mass media of all branches and at
all levels in, carrying out propaganda about environmental protection.
Article
107. Environment education and training of human resources for environmental
protection
1. Vietnamese citizens shall be provided
with comprehensive environment education to raise their environmental
protection knowledge and awareness.
2. Environment education shall
constitute a content of the formal curricula of all levels of general
education.
3. The State gives priority to training
human resources for environmental protection and encourages all organizations
and individuals to participate in training human resources for environmental
protection.
4. The Ministry of Education and
Training shall assume the prime responsibility for, and coordinate with the
Ministry of Natural Resources and Environment in, directing and guiding the
formulation and implementation of the program on environment education and
training of human resources for environmental protection.
Article
108. Development of environmental protection science and technology
1. The State invests in scientific
research into environment; development, application and transfer of
environmental technologies; and encourages organizations and individuals to
bring into play their initiatives in and apply technological solutions to
environmental protection.
2. The State shall adopt preferential
policies for the transfer of technologies to deal with urgent environmental
problems and handle seriously polluting establishments.
3. Organizations and individuals owning
technological technologies shall be entitled to transfer them and sign service
contracts to reduce and treat wastes.
4. The Ministry of Science and
Technology shall assume the prime responsibility for, and coordinate with
concerned ministries, ministerial-level agencies and Government-attached
agencies in, directing and guiding scientific and technological development for
environmental protection.
Article
109. Development of the environment engineering industry, building of
environmental forecast and warning capacity
1. The State invests in and adopts
policies to encourage organizations and individuals to develop the environment
engineering industry.
2. The State shall be responsible for
building capacity and providing machinery and equipment for forecasting and
warning of natural disasters and weather; encourages all organizations and
individuals to participate in forecasting and warning environmental disasters
in order to prevent and restrict adverse consequences of natural disasters and
environmental incidents.
Article
110. Financial sources for environ-mental protection
1. Environmental protection shall be
funded from the following sources:
a/ State budget;
b/ Funds of organizations and individuals
for prevention and mitigation of adverse environmental impacts exerted by their
production, business and service activities;
c/ Funds of organizations and
individuals for scientific researches, development of technologies, industries
and services for environmental protection purposes;
d/ Compensations for environmental
damage, environment tax, environmental protection charges, environmental fines
and other revenues as provided for by law;
e/ Contributions and financial supports
of organizations and individuals at home and abroad;
f/ Preferential loans and financial
supports from the environmental protection fund;
g/ Loans from banks, credit institutions
and other financial institutions in accordance with the provisions of law.
2. The state budget reserves a routine
expenditure for environmental protection suitable to the requirements of each
period; ensures that the rate of annual increase in the expenditure for
environmental protection is higher than the rate of overall state budget
expenditure increase.
Article
111. State budget for environmental protection
1. The state budget for environmental
protection shall be used for the following purposes:
a/ Development investment in public
environmental protection infrastructure works;
b/ Regular expenditure for environmental
protection.
2. Non-business environment protection
activities include:
a/ Management of environment monitoring
and analysis; building of capacity for forecasting and warning natural
disasters as well as preventing and responding to environmental incidents;
b/ Basic surveys on environment;
implementation of environmental status and environmental impact monitoring
programs;
c/ Investigation of, and collection of
statistics on, wastes; assessment of environmental pollution, degradation and
incidents; building of capacity for recycling wastes, treating hazardous
wastes, support for waste recycling, treatment and burial;
d/ Assistance in handling seriously
polluting establishments;
e/ Management of public sanitary
facilities; equipment and tools for garbage collection and for environmental
sanitation in residential areas and public places;
f/ Strengthening and enhancement of
capacity for the state management system in charge of environmental protection;
building and development of the system of non-business environmental protection
organizations;
g/ Investigation, research,
construction, testing and application of science and technology advances to
environmental protection; strategies, plannings, mechanisms, policies,
standards, technical specifications, and models for environmental protection
management;
h/ Assistance in the inspection and
supervision of the observance of the environmental protection law;
i/ Management of the system of
environmental information and data;
j/ Propagation, popularization of and
education in the environment law; training in professional and managerial
knowledge and skills related to environmental protection;
k/ Conferment of prizes and rewards for
environmental protection;
l/ Management of the national genome
bank, establishments for nursing, caring and breeding endangered rare and
precious animal species;
m/ Management of nature conservation
zones;
n/ Other non-business environmental
protection activities.
3. Annually, the Ministry of Natural
Resources and Environment shall have to sum up budgets of ministries,
ministerial-level agencies, Government-attached agencies, provinces and
centrally-run cities for non-business environmental protection activities as
defined in Clause 2 of this Article, and coordinate with the Ministry of
Finance and the Ministry of Planning and Investment in submitting them to the
Government.
Article
112. Environment tax
1. Organizations, individuals and
households producing and trading in some kinds of products that exert long-term
adverse impacts on the environment and human health shall be liable to
environment tax.
2. The Government shall submit to the
National Assembly for decision lists of products and production and business activities
subject to environment tax and applicable tax rates.
Article
113. Environmental protection charges
1. Organizations and individuals
discharging wastes into the environment or engaged in activities causing
adverse impacts on the environment shall have to pay environmental protection
charges.
2. Environmental protection charge rates
shall be determined on the following grounds:
a/ Volume of waste discharged into the
environment and scale of adverse impacts on the environment;
b/ Degree of toxicity of waste and
hazard caused to the environment;
c/ Load capacity of the environment that
receives the wastes.
3. Environmental protection charge rates
shall be adjusted to suit socio-economic conditions and environmental
protection requirements of each period of national development.
4. All revenues from environmental
protection charges shall be used for direct investment in environmental
protection activities.
5. The Ministry of Finance shall assume
the prime responsibility for, and coordinate with the Ministry of Natural
Resources and Environment in, formulating and submitting to the Government
regulations on environmental protection charges.
Article
114. Payment of deposits for environmental improvement and rehabilitation in
exploitation of natural resources
1. Organizations and individuals
exploiting natural resources must pay deposits for environmental improvement
and rehabilitation according to the following provisions:
a/ Before exploitation, they must pay
deposits at domestic credit institutions or environmental protection funds of
localities where natural resources are exploited; the amounts of deposit shall
depend on the scale of exploitation, degree of adverse environmental impacts,
and costs needed for environmental improvement and rehabilitation after
exploitation;
b/ They shall enjoy interests on their
paid deposits and receive back the paid deposits upon completion of
environmental improvement and rehabilitation;
c/ If organizations or individuals fail
to perform environmental improvement and rehabilitation obligations or perform
such obligations improperly, the whole or part of their paid deposits shall be
used for improving and rehabilitating the environment in the places of
exploitation.
2. The Prime Minister shall specify the
levels of deposits for environmental improvement and rehabilitation with
respect to each kind of natural resource and the implementation of the
provisions of this Article.
Article
115. Environmental protection funds
1. Environmental protection funds are
financial institutions established at central and local levels and in all
branches and domains to support environmental protection activities.
The State encourages enterprises,
organizations and individuals to establish environmental protection funds.
2. Funds for the operation of the
national environmental protection fund, environmental protection funds of
localities, branches and domains shall come from the following sources:
a/ State budget;
b/ Environmental protection charges;
c/ Compensations paid for environmental
damage to the State;
d/ Collected fines for administrative
violations in the domain of environmental protection;
e/ Supports, donations and investments
of organizations and individuals at home and abroad;
3. Competence to establish environmental
protection funds is defined as follows:
a/ The Prime Minister shall stipulate
the organization and operation of the national environmental protection fund
and environmental protection funds of ministries, ministerial-level agencies,
Government-attached agencies and state corporations;
b/ Provincial-level People's Committees
shall stipulate the organization and operation of local environmental
protection funds;
c/ Organizations and individuals shall
establish their environmental protection funds which shall operate under their
own charters.
Article
116. Development of environmental protection services
1. The State encourages organizations
and individuals to establish environmental sanitation service enterprises to provide
environmental sanitation and protection services through bidding in the
following domains:
a/ Collection, recycling and treatment
of wastes;
b/ Environment monitoring and analysis,
environmental impact assessment;
c/ Development and transfer of environment-friendly
technologies, environment technologies;
d/ Environment-related consultancy and
training, provision of environment information;
e/ Environmental inspection of
machinery, equipment, technologies; inspection of environmental damage;
f/ Other environmental protection
services.
2. The Ministry of Natural Resources and
Environment shall coordinate with concerned ministries, ministerial-level
agencies and Government-attached agencies and provincial-level People's
Committees in guiding the implementation of the provisions of Clause 1 of this
Article.
Article
117. Preferential and support policies for environmental protection activities
1. The State shall provide land-related
preferences and supports for the following environmental protection activities:
a/ Building concentrated daily-life
waste water systems;
b/ Building facilities for recycling and
treatment of ordinary solid wastes, hazardous wastes and waste burial sites;
c/ Building environment monitoring
stations;
d/ Relocating seriously polluting
establishments;
e/ Building environment engineering
industrial establishments and environmental protection works for public
environmental protection interests.
2. Exemption from and reduction of taxes
and charges for environmental protection activities are provided for as
follows:
a/ Recycling, treatment and burial of
wastes; production of clean energy and renewable energy shall enjoy exemption
from or reduction of turnover tax, value-added tax, environment tax and
environmental protection charges;
b/ Machinery, equipment, means and tools
imported for direct use in collection, storage, transport, recycling and
treatment of wastes; environment monitoring and analysis; production of clean
energy and renewable energy shall be exempt from import tax;
c/ Products recycled from waste, energy
recovered from waste incineration, environment-friendly natural
material-substituting products shall be subsidized by the State.
3. Organizations and individuals
investing in environmental protection shall be prioritized to get loans from
environmental protection funds; loans borrowed from other credit institutions
for investment in environmental protection shall be considered for post-investment
interest payment supports or investment credit guarantee according to the
charters of environmental protection funds.
4. Key environmental protection programs
and projects of the State which need big amounts of capital shall be
prioritized to use official development assistance capital.
5. The Government shall specify
preferential policies for environmental protection activities.
Chapter
XII
INTERNATIONAL
COOPERATION IN ENVIRONMENTAL PROTECTION
Article
118. Implementation of environment treaties
1. Treaties beneficial to protection of
the global environment, regional environment and national environment shall be
given priority for consideration of signing or accession.
2. Environment treaties to which the
Socialist Republic of Vietnam is a contracting party must be strictly complied
with.
Article
119. Environmental protection in the process of international economic
integration and globalization
1. The State encourages organizations
and individuals to proactively comply with environment requirements in order to
improve the competitiveness of goods and services in regional and international
markets.
2. The Government shall direct the
organization of the assessment, forecast and elaboration of plans for
prevention and mitigation of adverse impacts on the national environment in the
process of international economic integration and globalization.
3. In case of necessity, the State shall
apply national treatment measures in accordance with international practice to
protect the national environment.
Article
120. Expansion of international cooperation in environmental protection
1. The State encourages organizations
and individuals to cooperate with foreign organizations and individuals and
overseas Vietnamese to raise the capacity and the efficacy of domestic
environmental protection activities, enhance the position and role of Vietnam
in regional and international environmental protection issues.
2. The State encourages and facilitates
foreign organizations and individuals and overseas Vietnamese to invest in and
support human resource training, scientific research, technology transfer,
nature conservation and other activities in the domain of environmental
protection.
3. The Government shall direct and guide
the development and rational and efficient use of international cooperation
resources for environmental protection.
4. The Vietnamese State promotes
cooperation with neighboring and regional countries in dealing with relevant
issues of natural resource management and exploitation and environmental protection.
Chapter
XIII
RESPONSIBILITIES
OF STATE MANAGEMENT AGENCIES, VIETNAM FATHERLAND FRONT AND ITS MEMBER
ORGANIZATIONS FOR ENVIRONMENTAL PROTECTION
Article
121. Responsibilities for state management of environmental protection of the
Government, ministries, ministerial-level agencies and Government-attached
agencies
1. The Government shall perform unified
state management of environmental protection nationwide.
2. The Ministry of Natural Resources and
Environment shall be responsible to the Government for performing state
management of environmental protection and have the following duties:
a/ To submit to the Government for
promulgation or promulgate according to its competence legal documents on
environmental protection;
b/ To submit to the Government for
decision national policies, strategies and plans on environmental protection;
c/ To assume the prime responsibility
for settling or propose the Government or Prime Minister for settlement
inter-branch or inter-provincial environmental issues;
d/ To formulate and issue systems of
environmental standards according to regulations of the Government;
e/ To direct the construction and
management of the national environment monitoring system and perform unified
management of environment monitoring data;
f/ To direct and organize the assessment
of the national environment status to serve the formulation of environmental
protection policies and solutions;
g/ To perform uniform management of the
evaluation and approval of strategic environment assessment reports and
environmental impact assessment reports and registration of environmental
protection commitments nationwide; organize the evaluation of strategic
environment assessment reports; organize the evaluation and approval of
environmental impact assessment reports under its competence; guide the
registration of environment-friendly establishments and products and grant
environmental standard conformity certificates;
h/ To guide, supervise, inspect and
handle violations of the environmental protection law; settle disputes,
complaints, denunciations and petitions related to environmental protection in
accordance with the provisions of law on complaints and denunciations and other
relevant laws;
i/ To propose the Government the
participation in international organizations, conclusion of or accession to
treaties on environmental protection; take the prime responsibility for
activities of international cooperation in environmental protection with other
countries and international organizations;
j/ To direct and supervise the
observance of the environmental protection law by People's Committee at all
levels;
k/ To meet environmental protection
requirements in national land use planning and plans, national strategy on
water resources and integrated planning on inter-provincial river basins,
national master plan on basic inventory, exploration, exploitation and
processing of minerals.
3. The Ministry of Planning and
Investment shall have to assume the prime responsibility for, and coordinate
with ministries, ministerial-level agencies, Government-attached agencies and
provincial-level People's Committees in, ensuring that environmental protection
requirements are met in socio-economic development strategies, master plans and
plans of the whole country, regions as well as in important projects and works
decided by the National Assembly, Government and Prime Minister.
4. The Ministry of Agriculture and Rural
Development shall have to assume the prime responsibility for, and coordinate
with the Ministry of Natural Resources and Environment, concerned ministries,
ministerial-level agencies, Government-attached agencies and provincial-level
People's Committees in, directing, guiding and supervising the observance of
the environmental protection law and other relevant laws in the production,
import and use of chemicals, plant protection drugs, fertilizers and
agricultural waste; management of genetically modified plant varieties and
livestock breeds and products thereof; management of dyke and irrigation
systems, forest conservation zones and clean water for daily life in rural
areas.
5. The Ministry of Industry shall have
to assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment, concerned ministries, ministerial-level agencies,
Government-attached agencies and provincial-level People's Committees in,
directing, guiding and supervising the observance of the environmental
protection law and other relevant laws in industries, handling of seriously
polluting industrial establishments under its management; and directing the
development of the environment engineering industry.
6. The Ministry of Fisheries shall have
to assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment, concerned ministries, ministerial-level
agencies, Government-attached agencies and provincial-level People's Committees
in, directing, guiding and supervising the observance of the environmental
protection law and other relevant laws in aquaculture, exploitation and
processing of aquatic resources, genetically modified aquatic organisms and
products thereof, and marine conservation zones.
7. The Ministry of Construction shall
have to assume the prime responsibility for, and coordinate with the Ministry
of Natural Resources and Environment, concerned ministries, ministerial-level
agencies, Government-attached agencies and provincial-level People's Committees
in, directing, guiding and supervising the observance of the environmental
protection law and other relevant laws in the construction of infrastructure
works of water supply and drainage, solid and liquid waste treatment in urban
centers, concentrated production and service zones, construction material
production establishments; craft villages and concentrated rural residential
areas.
8. The Ministry of Transport shall have
to assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment, concerned ministries, ministerial-level
agencies, Government-attached agencies and provincial-level People's Committees
in, directing, guiding and supervising the observance of the environmental
protection law and other relevant laws in the construction of transport
infrastructure works and transport activities.
9. The Ministry of Health shall direct,
guide and supervise the management of medical waste and environmental
protection work in medical establishments, food safety and hygiene, and burial
services.
10. The Ministry of Defense and the
Ministry of Public Security shall have to mobilize forces to respond to
environmental incidents and remedy their consequences; direct, guide, supervise
and inspect environmental protection work in armed forces under their
respective management.
11. Other ministries, ministerial-level
agencies and Government-attached agencies shall have to perform tasks specified
in this Law and coordinate with the Ministry of Natural Resources and
Environment in directing, guiding and supervising the observance of the
environmental protection law under their respective management.
Article
122. Responsibilities for state management of environmental protection of
People's Committees at all levels
1. Provincial-level People's Committees
shall be responsible for performing state management of environmental
protection in localities according to the following provisions:
a/ To promulgate according to their
competence environmental protection regulations, mechanisms, policies, programs
and plans;
b/ To direct and organize the
implementation of environmental protection strategies, programs, plans and
tasks;
c/ To direct the construction and
management of local environment monitoring systems;
d/ To direct periodical environmental
status assessments;
e/ To organize the evaluation and
approval of environmental impact assessment reports under their competence;
f/ To organize propaganda and education
about the environmental protection law;
g/ To direct the supervision, inspection
and handling of violations of the environmental protection law; settle
disputes, complaints, denunciations and petitions related to environment in
accordance with the provisions of law on complaints and denunciations and other
relevant laws; and coordinate with other provincial-level People's Committees
in dealing with inter-provincial environmental issues.
2. District-level People's Committees
shall be responsible for performing state management of environmental
protection in localities according to the following provisions:
a/ To promulgate according to their
competence environmental protection regulations, mechanisms, policies, programs
and plans;
b/ To direct and organize the
implementation of environmental protection strategies, programs, plans and
tasks;
c/ To organize the registration and
supervise the realization of environmental protection commitments;
d/ To conduct propaganda and education
about the environmental protection law;
e/ To direct the supervision, inspection
and handling of violations of the environmental protection law; settle
disputes, complaints, denunciations and petitions related to environment in
accordance with the provisions of law on complaints and denunciations and other
relevant laws;
f/ To coordinate with concerned
district-level People's Committees in dealing with inter-district environmental
issues;
g/ To perform tasks of state management
of environmental protection as authorized by provincial-level state management
agencies in charge of environmental protection;
h/ To direct commune-level People's
Committees in performing state management of environmental protection.
3. Commune-level People's Committees
shall be responsible for performing state management of environmental
protection in localities according to the following provisions:
a/ To direct, plan and organize the
performance of environmental protection tasks, keep environmental sanitation in
communes and residential areas under their management; mobilize the people to
integrate environmental protection rules in population community codes; guide
the use of the environmental protection criterion for the recognition of the
titles of cultured village or hamlet and cultured family;
b/ To supervise the observance of the
environmental protection law by households and individuals;
c/ To detect and handle according to
their competence violations of the environmental protection law or report them
to their superior state management agencies in charge of environmental
protection;
d/ To reconcile environment-related
disputes arising in their communes in accordance with the provisions of law on
reconciliation;
e/ To manage environmental sanitation
and environmental protection activities in villages, hamlets, street groups and
self-management organizations.
Article
123. Specialized environmental protection agencies and staffs
1. Ministries, ministerial-level
agencies and Government-attached agencies must establish specialized
environmental protection bodies or sections relevant to environmental
protection tasks of branches and domains assigned to them for management.
2. Provinces, centrally-run cities,
rural districts, urban districts, towns and provincial cities must establish
specialized environmental protection bodies or sections to assist the People's
Committees of the same level in managing the environment in their localities.
3. Commune-level People's Committees
shall appoint staffs in charge of environmental protection.
4. State corporations, economic groups,
management boards of industrial parks, export-processing zones, high-tech parks,
economic zones and production, business and service establishments discharging
hazardous waste or facing potential environmental incidents must establish a
specialized section or appoint staffs in charge of environmental protection.
5. The Government shall specify the
organization and activities of specialized environmental protection agencies
defined in Clause 1 and Clause 2 of this Article.
Article
124. Responsibilities of Vietnam Fatherland Front and its member organizations
1. Vietnam Fatherland Front and its
member organizations shall, within the scope of their tasks and powers, have to
educate and mobilize their members and the people to participate in
environmental protection; and supervise the observance of the environmental
protection law.
2. State management agencies at all
levels shall have to create conditions for Vietnam Fatherland Front and its
member organizations to participate in environmental protection.
Chapter
XIV
INSPECTION,
HANDLING OF VIOLATIONS, SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS RELATED TO
ENVIRONMENT, AND COMPENSATION FOR ENVIRONMENTAL DAMAGE
Section
1. INSPECTION, HANDLING OF VIOLATIONS, SETTLEMENT OF COMPLAINTS AND
DENUNCIATIONS RELATED TO ENVIRONMENT
Article
125. Environmental protection inspectorate
1. Environmental protection inspectorate
is a specialized environmental protection inspectorate.
Environmental protection inspectors
shall have their own uniform and badge and be provided with necessary equipment
and means to perform their tasks.
2. Competence and tasks of environmental
protection inspectors shall comply with the provisions of law on inspection.
3. The Government shall specify the
organization and activities of the environmental protection inspectorate.
Article
126. Responsibilities for environmental protection supervision and inspection
a/ The Minister of Natural Resources and
Environment, presidents of provincial-level People's Committees shall have to
supervise and issue decisions to inspect environmental protection activities in
accordance with the provisions of this Law and other provisions of inspection
law;
b/ The environmental protection
inspectorate under the Ministry of Natural Resources and Environment shall
supervise and inspect the environmental protection performed by production,
business and service establishments with environmental impact assessment
reports approved by the Ministry of Natural Resources and Environment,
ministries, ministerial-level agencies and Government-attached agencies;
coordinate with specialized environmental protection inspectorates of the
Ministry of Defense and the Ministry of Public Security in supervising and
inspecting the environmental protection performed by their subordinate units;
c/ Provincial-level environmental
protection inspectorates shall supervise and inspect the environmental
protection performed by economic organizations and non-business units with
respect to projects with environmental impact assessment reports approved by
provincial-level People's Committees and projects subject to supervision and
inspection by the Ministry of Natural Resources and Environment when they show
signs of violation of the environmental protection law;
d/ District-level People's Committees
shall supervise and inspect the environmental protection performed by
administrative agencies and non-business units, except non-business units
mentioned at Point c of this Clause, and by small-sized production, business
and service establishments;
e/ Commune-level People's Committees shall
supervise the environmental protection performed by households and individuals.
In case of necessity, environmental
protection inspectorates at all levels and district-level People's Committees
shall have to assist and coordinate with commune-level People's Committees in
supervising and inspecting the environmental protection performed by
organizations or individuals that show signs of serious violation of the
environmental protection law.
2. State management agencies at all
levels and concerned professional agencies shall, upon request, have to assist
and coordinate with environmental protection inspectorates in inspecting and
supervising the environmental protection.
3. Environmental protection supervision
and inspection shall be conducted no more than twice a year at a production,
business or service establishment, except those which are denounced to have
violated, or show signs of violation of the environmental protection law.
Article
127. Handling of violations
1. Those who violate the environmental protection
law shall, depending on the nature and severity of their violations, be
administratively sanctioned or examined for penal liability; if causing
environmental pollution, degradation or incidents, damage to organizations or
other individuals, they must remedy pollution, rehabilitate the environment and
pay compensation for such damage in accordance with the provisions of this Law
and other relevant laws.
2. Heads of organizations, cadres or
public servants who abuse their positions and powers to cause trouble or hassle
to organizations or citizens, cover up violators of the environmental
protection law or neglect their responsibilities leading to serious
environmental pollution or incidents shall, depending on the nature and
severity of their violations, be disciplined or examined for penal liability;
if causing damage, they must pay compensation therefor according to the
provisions of law.
Article
128. Environment-related complaints, denunciations and lawsuits
1. Organizations and individuals shall
be entitled to lodge complaints with competent state agencies or initiate
lawsuits at the Court against violations of environmental protection,
infringing upon their rights and legitimate interests.
2. Citizens shall be entitled to
denounce to competent agencies or persons the following acts of violation of
the environmental protection law:
a/ Causing environmental pollution,
degradation or incidents;
b/ Infringing upon the rights and
interests of the State, population communities, organizations, families or
individuals.
3. Competent state agencies or persons
receiving complaints or denunciations shall have to consider and settle such
written complaints or denunciations in accordance with the provisions of law on
complaints and denunciations and this Law.
Article
129. Environment-related disputes
1. Environment-related disputes cover:
a/ Disputes over environmental
protection rights and responsibilities in the exploitation and use of
environmental components;
b/ Disputes over the identification of
causes of environmental pollution, degradation and incidents; responsibilities
for remedy of consequences of, and compensation for damage caused by,
environmental pollution, degradation or incidents.
2. Parties to environment-related
dispute include:
a/ Disputing organizations and
individuals using environmental components;
b/ Organizations and individuals
exploiting or using environmental components and organizations and individuals
responsible for improving and rehabilitating polluted and degraded areas and
compensating for environmental damage.
3. Settlement of environment-related
disputes shall comply with the provisions of law on settlement of civil
disputes outside contract and other relevant laws.
4. Environment-related disputes on the
Vietnamese territory to which one party is a foreign organization or individual
shall be settled in accordance with Vietnamese laws, unless otherwise provided
for in treaties to which the Socialist Republic of Vietnam is a contracting
party.
Section
2. COMPENSATION FOR DAMAGE CAUSED BY ENVIRONMENTAL POLLUTION AND DEGRADATION
Article
130. Damage caused by environmental pollution and degradation
Damage caused by environmental pollution
and degradation includes:
1. Deficiency and declined usefulness of
environment;
2. Damage to human health and life,
property and legitimate interests of organizations and individuals as a
consequence of deficiency and decline of usefulness of environment.
Article
131. Identification of damage caused by environmental pollution and degradation
1. Deficiency and declined usefulness of
environment shall be classified at the following levels:
a/ Deficiency;
b/ Serious deficiency;
c/ Particularly serious deficiency.
2. Identification of the scope and
boundaries of deficiency and declined usefulness of environment includes:
a/ Identification of the boundaries and
area of the serious or particularly serious deficient core zone;
b/ Identification of the boundaries and
area of the deficient buffer zone;
c/ Identification of the boundaries and
area of other zones affected by the core and buffer zones;
3. Identification of deficient
environmental components covers:
a/ The number of deficient environmental
components, types of ecosystem and species damaged;
b/ Degree of damage to each
environmental component, ecosystem and species.
4. Estimation of costs of environmental
damage is provided for as follows:
a/ Estimation of immediate and long-term
costs of damage caused by deficiency and declined usefulness of environment;
b/ Estimation of costs for treatment,
improvement and rehabilitation of environment;
c/ Estimation of costs for mitigation or
elimination of sources of damage;
d/ Poll of opinions of concerned
parties;
e/ Depending on the practical
conditions, one of the measures defined at Points a, b, c and d of this Clause
may be applied to estimate costs of environmental damage for use as a basis for
compensation for environmental damage.
5. Identification of damage caused by
deficiency and declined usefulness of environment shall be conducted independently
or involving the collaboration between the damage-causing and damaged parties.
At the request of one or all of
concerned parties, specialized environmental protection agencies shall have to
guide the estimation of costs, identification of damage or attest to the
identification of damage.
6. Identification of damage to human
health and life, property and legitimate interests of organizations and
individuals caused by environmental pollution and degradation shall comply with
the provisions of law.
7. The Government shall guide the
identification of damage caused by environmental pollution and degradation.
Article
132. Survey of damage caused by deficiency and declined usefulness of
environment
1. Expertise of damage caused by
deficiency and declined usefulness of environment shall be conducted at the
request of damaged organizations, individuals or agencies dealing with
compensation for environmental damage.
2. Grounds for damage expertise include
dossiers of compensation claim, information, data, evidence and other grounds
related to compensation and damage causers.
3. Damage expertising bodies shall be
selected by consensus of the compensation-claiming party and the compensating
party; in the absence of such agreement, the damage expertising body shall be
selected by the agency assigned to deal with damage compensation.
Article
133. Settlement of compensation for environmental damage
Settlement of compensation for
environmental damage shall be carried out in the following ways:
1. Agreement by related parties;
2. Request for settlement by
arbitrators;
3. Initiation of lawsuits.
Article
134. Insurance for environmental damage compensation liabilities
1. The State encourages insurance
business enterprises to provide insurance for environmental damage compensation
liabilities.
2. The State encourages organizations
and individuals engaged in production, business and services activities to buy
insurance for environmental damage compensation liabilities.
3. Organizations and individuals engaged
in activities potentially causing great environmental damage must buy insurance
for environmental damage compensation liabilities.
Chapter
XV
IMPLEMENTATION
PROVISIONS
Article
135. Implementation effect
This Law takes effect as from July 1,
2006.
This Law replaces the 1993 Law on
Environmental Protection.
Article
136. Implementation guidance
The Government shall specify and guide
the implementation of this Law.
This Law was passed on November 29,
2005, by the XIth National Assembly of the Socialist Republic of Vietnam at its
8th session.
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