Tiếng Việt- 1 Ordinance No. 01/2012/UBTVQH13 of March 22, 2012, on the consolidation of legal document
- 2 Constitution dated November 28, 2013 of the socialist republic of Vietnam
- 3 Law No. 55/2014/QH13 dated June 23, 2014, on environmental protection
- 4 Law No. 35/2018/QH14 dated November 20, 2018 amendments to some articles concerning planning of 37 Laws
- 5 Law No. 39/2019/QH14 dated June 13, 2019 on Public Investment
- 6 Law No. 61/2020/QH14 dated June 17, 2020 on Investment
| THE OFFICE OF THE NATIONAL ASSEMBLY | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 13/VBHN-VPQH | Hanoi, July 15, 2020 |
LAW ON ENVIRONMENTAL PROTECTION
Law on Environmental Protection No. 55/2014/QH13 dated June 23, 2014 of the National Assembly, which comes into force from January 01, 2015, is amended by:
1. The Law No. 35/2018/QH14 dated November 20, 2018 of the National Assembly on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019;
2. The Law on Public Investment No. 39/2019/QH14 dated June 13, 2019 of the National Assembly, which has been effective since January 01, 2020;
3. The Law on Investment No. 61/2020/QH14 dated June 17, 2020 of the National Assembly, which comes into force from January 01, 2021.
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on Environmental Protection[1].
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This Law provides for environmental protection activities; policies, measures and resources used for the purpose of environmental protection; rights, obligations and responsibilities of agencies, organizations, households and individuals who are tasked with environmental protection.
This Law applies to agencies, organizations, households and individuals within the territory of the Socialist Republic of Vietnam, including mainland, islands, territorial waters and airspace.
For the purposes of this Law, the terms below shall be construed as follows:
1. “environment” refers to a system of natural and artificial physical factors affecting the existence and development of humans and creatures.
2. “environment components” refer to physical constituent elements forming an integral part of the environment, including land, water, air, sound, light, organisms and other physical forms.
3. “environmental protection” refers to the environmental conservation, and the prevention and reduction of harmful impacts on environment; the response to environmental emergencies; the mitigation of environmental pollution and degradation, the environmental improvement and remediation; proper extraction and consumption of natural resources for the purpose of maintaining a pure environment.
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5. “technical regulation on environment” refers to limits of parameters of ambient environmental quality, concentration of pollutants in waste, technical and managerial requirements and is issued by a competent authority in the form of a document that entities involved must apply to serve the purpose of environmental protection.
6. “environmental standard” refers to limits of parameters of ambient environmental quality, concentration of pollutants in waste, technical and managerial requirements which are issued by a competent authority or organization in the form of a document that entities involved may choose to follow at their discretion to serve the purpose of environmental protection.
7. “environmental health” refers to the state of physical factors in the environment that can affect the human health and cause human diseases.
8. “environmental pollution” refers to any change in the environment components in breach of technical regulations on environment and environmental standards resulting in adverse impacts on humans and creatures.
9. “environmental degradation” refers to a reduction in the quality and amount of environment components resulting in adverse impacts on humans and creatures.
10. “environmental emergency” refers to an event that happens as a result of human activities or environmental changes, which causes environmental pollution or degradation.
11. “pollutant” refers to any chemical, physical or biological substance which, when introduced into the environment, exceeds the permissible limits, results in environmental pollution.
12. “waste” refers to any matter which is discharged from manufacturing, business, services or living activities or from other activities.
13. “hazardous waste” refers to any waste that exhibits any one or more of the following characteristic properties: toxicity, radioactivity, infectivity, ignitability, reactivity or corrosivity or exhibits any other hazardous characteristic properties.
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15. “waste management” refers to the process of prevention, minimization, monitoring, classification, collection, transportation, reuse, recycling and disposition of waste.
16. “scrap” refers to materials that are collected, classified and selected from discarded materials and products during the manufacturing or consumption process, which can be then reused as materials for another manufacturing process.
17. “ environment's carrying capacity” refers to the maximum resistance of the environment against influencing factors in order for the environment to be able to recover itself.
18. “pollution control” refers to the process for preventing, detecting and eliminating pollution.
19. “environmental dossier” refers to a combination of documents on the environment and environmental protection processes and activities performed by agencies, organizations and businesses in accordance with law.
20. “environmental monitoring” refers to the processes and activities that need to take place to monitor the quality and components of the environment in a systematic manner as well as factors affecting the environment provide necessary information in favor of assessment of current state of the environment, changes in the environmental quality and adverse impacts on the environment.
21. [2] “environmental protection planning” refers to the national sector planning, spatial arrangement and distribution and zoning of areas for environmental quality management, nature and biodiversity conservation, waste management, environmental monitoring and warning within a defined territory in order to protect the environment and accomplish the objective for national sustainable development for a defined period.
22. “strategic environmental assessment” refers to the analysis and prediction of existing or potential impacts on the environment, which have been described in a development strategy, planning and plan, in order to provide solutions for reducing adverse impacts on the environment, and in order to serve as a ground for and to be incorporated in such development strategy, planning and plan with the aim of ensuring the sustainable development.
23. “environmental impact assessment” refers to the analysis and prediction of environmental impacts of specific investment projects in order to take measures to protect the environment during the execution of such projects.
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25. “greenhouse gas” (hereinafter referred to as “GHG”) refers to a gas in an atmosphere causing the global warming and climate change.
26. “climate change adaptation” refers to actions that humans may take to adapt to and mitigate the climate change.
27. “carbon credit” refers to any tradable certificate or permit relating to reduction of GHG emissions.
28. “environmental security” refers to the state of ensuring that no significant threats are posed by environmental events to the political and social stability as well as national economic development.
29. “environmental information” refers to environmental figures and data represented in the form of signs, letters, numbers, images, sounds or the like.
Article 4. Principles of environmental protection
1. Environmental protection is the responsibility and obligation of every agency, organization, household and individual.
2. Environmental protection harmonizes with economic growth, social security, protection of children’s right, promotion of gender equality, development and conservation of biodiversity, response to climate change in order to protect the human right to live in a pure environment.
3. Environmental protection is based on the reasonable use of natural resources and waste minimization.
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5. Environmental protection complies with natural law and natural, cultural and historical as well as the level of socio-economic development of the country.
6. Environmental protection activities are carried out in a regular manner that prioritizes the prevention of environmental pollution, emergencies and degradation.
7. Any organization, household or individual that uses environment components and profits from the environment is obliged to make their financial contribution to the environmental protection task.
8. Any organization, household or individual that causes environmental pollution, emergencies or degradation shall take remedial measures, provide compensation for damage and assume other responsibilities as stipulated by law.
Article 5. State policies on environmental protection
1. Facilitate the involvement of organizations, households and individuals in environmental protection activities; inspect and supervise the performance of environmental protection activities in accordance with laws.
2. Disseminate information in association with taking administrative and economic measures and other measures to build a culture of environmental protection.
3. Conserve biodiversity; efficiently and economically extract and use natural resources; develop green and renewable energy; strengthen waste recycling, reuse and minimization.
4. Give priority to solutions for addressing pressing environmental issues, serious environmental pollution and water contamination; attach great importance to environmental protection in residential areas; improve technical infrastructure serving environmental protection.
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6. Provide financial and land incentives and assistance for environmental protection activities and environmentally-friendly businesses.
7. Intensify the training for human resources in environmental protection.
8. Develop environmental technology and science; prioritize the research into, transfer and application of technological advances, high and eco-friendly technologies; introduce environmental standards to better meet the environmental protection requirements.
9. Combine environmental and natural resource protection activities with the response to climate change and environmental security assurance.
10. Honor and reward agencies, organizations, households and individuals for their active role in environmental protection activities.
11. Seek and promote international cooperation in environmental protection; fulfill all international commitments to environmental protection.
Article 6. Course of actions that are advised to take to protect the environment
1. Communicate, educate and mobilize people to participate in environmental protection, keep the environment clean, and protect natural landscapes and biodiversity.
2. Protect and use natural resources in an appropriate and economical manner.
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4. Respond to climate change; develop and use green and renewable energy sources; make a reduction in the GHG emissions and gases causing the ozone layer depletion.
5. Register eco-friendly establishments and products; manufacture, trade and consume eco-friendly products.
6. Conduct scientific researches, transfer and apply technologies for the disposal and recycling of waste, and environmentally-friendly technologies.
7. Invest in establishing plants for the production of equipment and instruments used for environmental protection; provide environmental protection services; carry out environmental auditing; provide green credits and investments.
8. Conserve and develop indigenous genes; produce and introduce from the sea genetic resources which are of economic value and bring environmental benefits.
9. Erect eco-friendly villages, hamlets, population groups, wards and residential areas.
10. Develop organizations and environmental sanitation services in various forms, which shall be autonomously managed by a residential community.
11. Form good life styles and habits for maintaining a clean environment; eradicate depraved customs that can pose risks to the environment.
12. Contribute intellectual, effort and financial contribution to environmental protection activities; enter into public-private partnership in the environmental protection.
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1. Ruining and illegally extracting natural resources.
2. Extracting biotic resources with mass-killing equipment, devices and methods, at the wrong time and in breach of legal regulations on the permitted production.
3. Extracting, trading and consuming wild plants and animals on the list of preferentially-protected endangered, precious and rare species regulated by the competent authority.
4. Failure to transport and bury toxic substances, radioactive substances, waste and other hazardous substances in accordance with technical process for environmental protection.
5. Discharging waste that have yet to be treated in accordance with technical regulations on environment; toxic substances, radioactive substances and other hazardous substances into land, water and air.
6. Discharging hazardous chemicals, waste and microorganisms that have yet to be tested and other agents harmful to humans and creatures into water sources.
7. Discharging smoke, dirt and gas containing toxic substances or smells into the air; emitting the radiation, radioactive and ionized substances, which exceed the permissible level stipulated in the technical regulations on environment.
8. Generating noise and vibration in excess of the permissible level stipulated in technical regulations on environment.
9. Importing and transiting waste from overseas in any shape or form.
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11. Manufacturing and trading products harmful to humans, creatures and nature; manufacturing and using raw materials and building materials containing toxic factors in excess of the permissible level prescribed in technical regulations on environment.
12. Sabotaging or infringing upon natural heritage sites and wildlife sanctuaries.
13. Infesting structures, equipment and facilities serving environmental protection activities.
14. Carrying out illegal activities and living in areas classified by the competent authority as banned areas due to environmental factors there posing serious danger to humans.
15. Concealing acts of damaging environment, obstructing environmental protection activities, falsifying information exerting adverse effects on the environment.
16. Committing violations against regulations on environmental management due to abuse of positions or powers or negligence by competent persons.
Section 1. ENVIRONMENTAL PROTECTION PLANNING
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1. Bases for formulating environmental protection planning are those prescribed by the law on planning and include the following:
a) Environmental protection strategy during the same development period;
b) Climate change scenario during the same development period.
2. The environmental protection planning covers a period of 10 years. The orientations of the planning cover a period of 30 - 50 years.
Article 9. Environmental protection planning and environmental protection contents in regional planning and provincial planning[4]
1. The formulation, appraisal, approval and adjustment of environmental protection planning and inclusion of environmental protection contents in regional planning and provincial planning shall comply with regulations of the law on planning.
2. The Ministry of Natural Resources and Environment shall organize the formulation of environmental protection planning; include contents environmental protection contents in the regional planning; instruct provinces and central-affiliated cities to include environmental protection contents in the provincial planning.
3. Environment authorities of provinces shall include environmental protection contents in the provincial planning.
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Section 2. STRATEGIC ENVIRONMENT ASSESSMENT
Article 13. Objects subject to strategic environmental assessment
1. [8] Objects subject to strategic environmental assessment:
a) Strategy for extraction and use of national natural resources; national and regional strategies for industry distribution and development that significantly affect the environment;
b) National comprehensive planning; national marine spatial planning; national land use planning; national sector planning, urban planning, rural planning and technical and specialized planning that significantly affect the environment; regional planning; provincial planning; special administrative-economic unit planning;
c) Adjustments to the strategies and planning specified in Points a and b of this Clause result in changes to the objectives of such strategies and planning.
2. The Government shall prescribe the list of objects subject to strategic environmental assessment.
Article 14. Carrying out strategic environmental assessment
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2. The strategic environment assessment must be carried out simultaneously with the process for preparing a strategy, planning or plan.
3. The result of the strategic environment assessment must be checked and incorporated into the strategy, planning or plan.
4. On the basis of carrying out the strategic environment assessment, the authority tasked with preparing the strategy, planning and plan shall prepare a strategic environment assessment report for submission to the competent authority for appraisal.
Article 15. Main contents of strategic environment assessment report
1. Necessity and legal grounds for the task of preparing the strategy, planning and plan.
2. Method for carrying out strategic environment assessment.
3. Summary of contents included in the strategy, planning and plan.
4. Natural and socio-economic environment of an area which is affected by the strategy, planning and plan.
5. Assessment of the conformity of the strategy, planning and plan with environmental protection viewpoints and objectives.
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7. Assessment and prediction of the trend in climate change impacts in the course of implementing the strategy, planning and plan.
8. Consultations required in the process of the strategic environment assessment.
9. Solutions for sustaining the positive trends, preventing and mitigating negative trends towards environmental issues in the process of implementing the strategy, planning and plan.
10. Issues that need to be further considered in the process of implementing the strategy, planning and plan, and recommended solutions.
Article 16. Appraisal of the strategic environment assessment report
1. Responsibility for organizing appraisal of the strategic environment assessment report is as follows:
a) The Ministry of Natural Resources and Environment shall organize appraisal of strategic environment assessment reports in respect of the strategy, planning and plan decided by the National Assembly, Government and the Prime Minister;
b) Ministries and ministerial agencies shall organize appraisal of strategic environment assessment reports in respect of the strategy, planning and plan approved by these Ministries and ministerial agencies;
c) Provincial People’s Committees shall organize appraisal of strategic environment assessment reports in respect of the strategy, planning and plan approved by such provincial People’s Committees and provincial People’s Councils.
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3. The authority in charge of appraising strategic environment assessment reports shall organize inspection and assessment the information given in strategic environment assessment reports; collect comments from agencies, organizations and experts involved.
1. Every authority tasked with preparing the strategy, planning and plan shall complete the strategic environment assessment report and draft of the strategy, planning and plan on the basis of considering comments from the appraisal council.
2. Every agency in charge of appraising strategic environment assessment reports shall send a written report on appraisal result to the authority that has the power to approve strategies, plannings and plans.
3. The report on result of appraisal of the strategic environment assessment report shall serve as the basis for approval of a strategy, planning or plan.
Section 3. ENVIRONMENTAL IMPACT ASSESSMENT
Article 18. Objects subject to environmental impact assessment
1. Objects subject to environmental impact assessment include:
a) Projects subject to the decision on investment guidelines by the National Assembly, Government and the Prime Minister;
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c) Projects that may have adverse effects on the environment.
2. The Government shall promulgate a portfolio of projects specified in Points b and c Clause 1 of this Article.
Article 19. Carrying out environmental impact assessment
1. Owners of projects regulated in Clause 1 Article 18 of this Law shall, on their own, carry out or hire a consultancy to carry out environmental impact assessment and take legal responsibility for environmental impact assessment results.
2. The environment impact assessment must be carried out in the project preparation phase.
3. The environment impact assessment result shall be expressed in the form of an environmental impact assessment report.
4. The costs of preparing and appraising an environmental impact assessment report included in total investment shall be covered by the project owner.
Article 20. Re-making environmental impact assessment reports
1. The project owner must re-make the environment impact assessment report in the following cases:
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b) The location of the project specified in the approved environmental impact assessment report has been changed;
c) The size or capacity specified in the approved environmental impact assessment report is increased or the technology specified in the approved environmental impact assessment report is changed, thereby exerting adverse impacts on the environment.
2. The Government shall elaborate Point c Clause 1 of this Article.
Article 21. Consultation in the process of the strategic environment assessment
1. Consultation in the process of environmental impact assessment is aimed at completing the environmental impact assessment report, minimizing adverse impacts on the environment and humans and ensuring the sustainable development of the project.
2. Project owners are required to hold consultations with agencies, organizations and communities that are directly affected by a project.
3. Projects that are not subject to consultation include:
a)[9] Those conforming to the decision on approval for the environmental impact assessment report for the period of constructing infrastructure of dedicated areas for production, business operation and service provision;
b) Those included in the list of state secrets.
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1. Origin of the project, project owner and the authority approving the project; method of the environmental impact assessment.
2. Assessment of technologies, work items and project activities which may cause adverse effects on the environment.
3. Assessment of state of natural and socio-economic environment in areas where the project is located, adjacent areas and demonstration of the suitability of the selected project site.
4. Assessment and prediction of waste sources, and impacts of the project on the environment and community health.
5. Assessment, prediction and determination of measures for managing risks of the project posed to the environment and community health.
6. Waste disposal measures.
7. Measures for minimizing impacts of the project on the environment and community health.
8. Consultation result.
9. Environmental management and supervision program.
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11. Plan to organize implementation of environmental protection measures.
Article 23. The power to appraise environmental impact assessment reports
1. The Ministry of Natural Resources and Environment shall organize appraisal of environmental impact assessment reports in respect of the following projects:
a) Projects subject to the decision on investment guidelines by the National Assembly, Government and the Prime Minister;
b) Inter-agency or inter-provincial projects stipulated in Points b and c Clause 1 Article 18 in this Law, exclusive of those classified as national defense and security secrets;
c) Projects appraised by the entities assigned by the Government.
2. Ministries and ministerial agencies shall appraise environmental impact assessment reports in respect of projects which are subject to decision on or approval for investment guidelines by such ministries and ministerial agencies but are not those mentioned in Points b and c Clause 1 of this Article.
3. The Ministry of National Defense and the Ministry of Public Security shall appraise environmental impact assessment reports in respect of the subject to decision on or approval for investment guidelines by such Ministry and those classified as national defense and security secrets.
4. Provincial People’s Committees shall organize appraisal of environmental impact assessment reports in respect of investment projects within their provinces which are not mentioned in Clauses 1, 2 and 3 of this Article.
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1. The head of the authority assigned to carry out appraisal shall appraise environmental impact assessment reports by seeking the permission from the appraisal council or collecting comments from relevant authorities and bear legal responsibility for the appraisal result.
2. Members of the appraisal council and entities that are requested to contribute their comments shall take legal responsibility for their comments.
3. When necessary, the appraising authority shall arrange to conduct a survey to obtain critical comments from other authorities and experts in order to appraise environmental impact assessment reports.
4. During the appraisal period, where any adjustment or supplementation is required, the appraising agency shall send a written notification thereof to the project owner.
Article 25. Approval of environmental impact assessment reports
1. Within 20 days from the date of receiving the environmental impact assessment report adjusted at the request of the appraising agency, the head of the appraising agency shall approve the report; if the report is rejected, the project owner must be notified in writing in which the reasons for such rejection must be clearly stated.
2. The decision on approval of environmental impact assessment report shall serve as the basis for the competent authority to perform the following tasks:
a)[10] Grant decisions on investment guidelines for projects specified in Article 18 herein if they are subject to the regulatory requirement that binds them to obtain investment guideline decisions.
As for public investment projects, competent authorities may, based on the preliminary assessment of environmental impacts, grant investment guideline decisions; based on the environmental impact assessment, grant investment decisions with respect to those projects specified in Article 18 herein. The Government shall adopt specific regulations on projects and contents of the preliminary assessment of environmental impacts;
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c) Approve prospecting plans and full field development plans in respect of petroleum exploration and extraction projects;
d) Grant and adjust construction permits in respect of the projects on construction of works that are required to obtain construction permits;
dd)[11] With respect to the projects not mentioned in Points a, b, c and d of this Clause, the competent authority shall depend on the preliminary environmental impact assessment to issue the investment registration certificate, except for the case in which the investment registration certificate is issued at the request of the investor; and the investor is only allowed to execute the project after the environmental impact assessment report has been approved.
1. Comply with the requests specified in the decision on approval of environmental impact assessment report.
2. Where any change in the project size, capacity and technology increases adverse impacts on the environment in comparison with the plan given in the approved environmental impact assessment report but is not too serious to make another report as stipulated in Point c Clause 1 Article 20 of this Law, the project owner must send an explanation to the approving authority and the project shall be executed only after obtaining the permission from such authority.
Article 27. Responsibilities assumed by the project owner before putting project into operation
1. Apply environmental protection measures under the decision on approval of environmental impact assessment report.
2. Notify the approving authority of construction of environmental protection works serving execution of major projects that may exert adverse impacts on the environment in accordance with the Government’s regulations. These projects will be put into operation only after the approving authority has inspected and certified the completion of environmental protection works.
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1. Bear legal responsibility for appraisal results and decision on approval of environmental impact assessment report.
2. Within 15 days from the date on which the report on the completion of environmental protection works specified in Clause 2 Article 27 of this Law is received, the approving authority shall carry out an inspection and issue the certificate of completion of environmental protection works. Where an analysis of complicated environmental criteria is required, the time limit for issuance of the certificate of completion of environmental protection works may be extended by up to 30 days.
Section 4. ENVIRONMENTAL PROTECTION PLAN
Article 29. Objects that require formulation of environmental protection plan
1. Investment projects that are not objects that require the environmental impact assessment.
2. Production, trading and service provision plans (hereinafter referred to as “business plans”) that are not objects that require the formulation of investment projects in accordance with the law on investment.
3. The Government shall elaborate this Article.
Article 30. Contents of environmental protection plan
1. Project site.
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3. Required raw materials and fuels.
4. Prediction of waste to be generated and other impacts on the environment.
5. Measures for disposing waste and mitigating adverse impacts on the environment.
6. Implementation of environmental protection measures.
Article 31. Time of registration and confirmation of the environmental protection plan
Every owner of the investment project or business plan mentioned in Article 29 of this Law must prepare and submit an environmental protection plan to a competent authority prescribed in Article 32 of this Law for consideration and confirmation before the project or plan is executed.
Article 32. Responsibility for confirmation of the environmental protection plan
1. The specialized environment protection agency affiliated to the provincial People’s Committee shall confirm the environmental protection plan for the following projects:
a) A project that involves 02 districts or more;
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c) A large-scale project that may exert adverse impacts on the environment in a province in accordance with regulations of the Minister of Natural Resources and Environment.
2. The district-level People’s Committee shall confirm the environmental protection plan for the project or business plan within the district, except for the project mentioned in Clause 1 of this Article; the district-level People’s Committee may authorize the communal People’s Committee to confirm the environmental protection plan or plan for production, trading or service provision managed by a household within a commune.
3. Within 10 days from the receipt of the environmental protection plan, the competent authorities stipulated in Clauses 1 and 2 of this Article must confirm the registration of the environmental protection plan; where the confirmation of registration of the environmental protection plan is rejected, the competent authority must send a written notification in which the reasons for such rejection must be clearly stated.
1. Implement environmental protection measures according to the approved environmental protection plan.
2. Where an environmental emergency occurs resulting in suspension of operations, take remedial measures and promptly notify the People’s Committee of the commune or district where the project is executed or the specialized environmental protection agency affiliated to the provincial People’s Committee and relevant agencies.
3. Cooperate with and provide all required information for environmental protection agencies for the purpose of inspection.
4. Formulate another environmental protection plan for the investment project or business plan and re-register it for in the following cases:
a) The location is changed;
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5. If the nature or scale of the project or business plan has been changed so significantly that an environmental impact assessment report must be in place, the project owner or business owner must prepare an environmental impact assessment report for submission to a competent authority for appraisal and approval.
Article 34. Responsibilities of agencies confirming environmental protection plans
1. Inspect the implementation of environmental protection measures according to the approved environmental protection plan.
2. Receive and deal with environmental protection recommendations of project owners and business owners, and organizations and individuals involved in the projects and business plans.
3. Cooperate with project owners and business owners and relevant organizations and individuals in settling environmental emergencies that take place during the execution of projects and business plans.
ENVIRONMENTAL PROTECTION DURING EXTRACTION AND USE OF NATURAL RESOURCES
1. The current status, recyclability and economic value of natural resources and biodiversity must be investigated and evaluated to serve as a basis for the preparation of the plan for proper use; define the extraction limits, severance tax rates, environmental protection fees, deposits on environmental remediation, biodiversity offsets, compensation for environmental damage and other environmental protection measures.
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Article 36. Protection and sustainable development of forest resources
All activities relating to production, trading and service provision as well as others that cause impacts on land, water, air and forest-related biodiversity must comply with regulations set out in this Law and the law on biodiversity, protection and development of forests, and other relevant laws.
1. The basic survey, exploration, extraction and utilization of natural resources must comply with the planning approved by competent regulatory agencies.
2. A permit for exploration, extraction and utilization of natural resources must enclose the information about environmental protection in accordance with laws.
3. In course of basic survey, exploration, extraction and utilization of natural resources, interested organizations and individuals shall bear responsibility for fulfilling the requirements for environmental protection; must carry out the environmental remediation in accordance with this Law and other relevant laws.
Article 38. Environmental protection during the exploration, extraction and processing of minerals
1. In course of prospecting, extraction and processing of minerals, interested organizations or individuals must find preventive measures and responses to environmental emergencies and meet requirements for environmental protection, improvement and remediation as follows:
a) Collect and treat wastewater in accordance with laws;
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c) Take measures to prevent and control the spread of hazardous dusts and exhaust gases and adverse impacts on the surroundings;
d) Draw up a plan for environmental improvement and remediation for all processes of exploration, extraction and processing of minerals, and take ongoing action to improve and remediate the environment in course of exploration, mining and processing of minerals;
dd) Provide environmental remediation deposits in accordance with laws.
2. Minerals with hazardous properties must be stored and transported by dedicated transports and properly covered to prevent being spread out to the environment.
3. Employment of machinery and equipment that can cause harmful impacts on the environment, hazardous chemicals in the mineral exploration and mining is subject to the inspection carried out by the environmental protection authority.
4. Prospecting, extraction, transport and processing of petroleum and minerals that contain radioactive elements, toxic substances and explosives must conform to regulations set out in this Law and the law on chemical safety, radiation safety and nuclear safety.
5. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Industry and Trade, other relevant Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees in jointly providing guidance on the statistical report on waste discharges, assessment of environmental pollution level of mineral extraction and processing facilities; inspect the compliance with the law on the environmental protection by such facilities.
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1. All activities relating to the environmental protection must be harmoniously connected with the adaptation to climate change.
2. Organizations or individuals shall be responsible to fulfill requirements for the environmental protection and adaptation to climate change during their production, trading and service provision as stipulated in this Law and other relevant laws.
3. Ministries, ministerial agencies and People’s Committees at all levels shall design and develop the action plan for the environmental protection and adaptation to climate change within areas under their management.
4. The Ministry of Natural Resources and Environment shall assist the Government in designing, implementing and providing guidelines for the adaptation to climate change.
Article 40. Integration of contents of adaptation to climate change with the strategies and planning[12]
1. The contents of adaptation to climate change shall be specified in the strategies and planning subject to strategic environmental assessment as prescribed in Article 13 of this Law.
2. The integration of contents of adaptation to climate change with strategies and planning subject to strategic environmental assessment shall be based on the assessment of correlation of activities described in the strategies and planning with the environment and climate change, and a range of measures to be taken for the environmental protection and adaptation to climate change.
Article 41. Reduction of GHG emissions
1. The reduction of greenhouse gas emissions shall focus on:
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b) Taking actions to reduce the harmful impacts of GHGs in conformity with socio-economic conditions;
c) Managing the forest resources in a sustainable manner, conserving and increasing forest carbon stock, protecting and fostering ecosystems;
d) Inspecting the compliance with regulations on inventorying GHGs and reducing GHG emissions;
dd) Creating and developing carbon credit markets in the country, and participating in carbon credit markets in the globe;
e) Entering into the international cooperation in an effort to reduce GHGs.
2. The Ministry of Natural Resources and Environment shall preside over and cooperate with relevant ministries in carrying out the inventorying of GHGs, compile a national report on the management of GHG emissions in accordance with international agreements to which the Socialist Republic of Vietnam is a signatory.
Article 42. Management of ozone-depleting substances
1. Prioritize the introduction and implementation of policies on and plans for management, mitigation and elimination of ozone-depleting substances.
2. Prohibit the production, importation, temporary importation as well as consumption of ozone-depleting substances in accordance with international agreements to which the Socialist Republic of Vietnam is a signatory.
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1. Renewable energy refers to energy that comes from resources such as water, wind, sunlight, geothermal heat, tides, waves, biological fuels and other resources that can generate renewable energy.
2. Promote the production, importation and employment of renewable energy-driven machinery, equipment and means of transport.
Article 44. Eco-friendly production and consumption
1. Agencies, organizations, households or individuals shall be responsible to manufacture and consume eco-friendly products and services.
2. The heads of state budget-funded institutions shall bear their responsibility for preferring ecolabel certified eco-friendly products and services under legal regulations.
3. The Ministry of Natural Resources and Environment shall preside over and cooperate with communications agencies in performing the advertisement and promotion activities for such eco-friendly products and services.
Article 45. Waste-to-energy process
1. Owners of businesses must be responsible for reducing, reusing and recycling waste, and generating the energy from waste.
2. The Government shall provide preferential policies on the mitigation, reuse and recycling of waste, and generation of the energy from waste.
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1. Every community shall be vested with the right to provide and request information about climate change issues, exclusive of information specified in the list of state secret information.
2. Every community shall be responsible for participating in activities relating to the adaptation to climate change.
3. The regulatory agency in charge of climate change issues shall bear responsibility for providing information and create events to raise people's awareness of climate change as well as provide better supports to human communities to get involved in activities relating to the adaptation to climate change.
1. All activities relating to the research into, transfer and application of technological and scientific advances for the response to climate change shall be given priority, including:
a) Developing a single scientific discipline or a combination of scientific disciplines of the management, assessment, supervision and prediction of impacts caused by climate change on the socio-economic growth, environmental issues and community health;
b) Conducting basic and applied scientific investigation and research; developing and transferring technological advances in reducing GHGs and coping with climate change; enhancing the competitiveness of the economy, key manufacturing industries; promoting the development of low carbon economy and green growth.
2. Agencies, organizations and businesses shall be responsible for conducting or engaging in scientific and technological researches, transfer and application with the aim of adapting to the climate change.
Article 48. International cooperation in the adaptation to climate change
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2. The Government shall regulate the roadmap and modality for their participation in reducing global GHG emissions in conformity with socio-economic conditions and commitments made in the international agreements to which the Socialist Republic of Vietnam is a signatory.
PROTECTION OF MARINE AND ISLAND ENVIRONMENT
Article 49. General regulations on the protection of marine and island environment
1. Strategies, planning and proposals for the socio-economic development, national defense and security relating to sea and islands must include environmental protection and adaptation to climate change.
2. Waste sources discharged from mainland, islands and marine activities must be controlled, prevented, mitigated and treated in accordance with laws.
3. The prevention of and response to environmental emergencies that take place on the sea and islands require the close cooperation between regulatory bodies, rescue teams and other relevant entities.
4. Organizations or individuals operating on the sea and islands must take the initiative in responding to environmental emergencies and bear their responsibility for working with regulatory bodies and other interested entities to respond to environmental emergencies that occur on the sea and islands.
5. [13] Strategies and plans for extraction of natural resources from sea, islands, protected areas, mangrove forests and natural heritage sites must be conformable with the environmental protection strategies and planning.
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1. Waste discharged from the mainland to the sea and derived from the sea and islands must be statistically reported, assessed and subject to any measure to be taken to prevent, reduce and dispose of them to satisfy the technical regulations on environment.
2. Oil, fat, drilling fluids, ballast water, chemicals and other hazardous substances after being used for activities on the sea and islands must be collected, stored, transported and disposed of in accordance with regulations on waste management.
3. The dumping and discharge of waste on the marine zones and islands must be based on the specific features and attributes of waste and must be permitted by the competent authorities.
4. Preventive and remedial measures against marine and island environmental pollution must comply with international agreements on sea and islands to which the Socialist Republic of Vietnam is a signatory.
Article 51. Prevention of and response to marine and island environmental emergencies
1. Organizations or individuals whose activities on the sea and islands can pose a threat to causing environmental emergencies must set up plan and prepare resources to prevent and respond to environmental emergencies as well as send a report to competent authorities.
2. Ministries, ministerial agencies, Governmental agencies provincial People’s Committees shall, within their jurisdiction, promptly alert and notify any marine environmental emergency as well as take responsive and remedial measures.
WATER, LAND AND AIR PROTECTION
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Article 52. General regulations on river water protection
1. [14] (repealed)
2. Waste discharges drained out to the river basin must be managed to meet the river’s carrying capacity.
3. The quality of river water and sediments must be monitored and assessed.
4. The environmental protection for the river basin must be closely connected with the biodiversity conservation, river water extraction and utilization.
5. Owners of businesses, households and individuals must be responsible for reducing and treating waste before being discharged into the river basin as stipulated by laws.
Article 53. Processes for controlling and remediating river basin water pollution
1. Statistically report, assess, mitigate and treat waste discharged to the river basin.
2. Carry out the periodical monitoring and assessment of the quality of river water and sediments.
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4. Remediate pollution and improve the environmental condition for polluted river sections or rivers.
5. Conduct the transboundary monitoring and assessment of the environmental quality of river water and sediments, and share necessary information on the basis of complying with international laws and practices.
6. Set up and organize the execution of the project on environmental protection for river basin.
7. Disclose the information about river water and sediment environment to the organization specializing in the management, extraction and utilization of river water.
1. Disclose the information about waste discharges into rivers.
2. Direct and arrange activities to prevent and control waste discharges drained to the river.
3. Conduct the assessment of the river’s carrying capacity; determine quotas on wastewater discharged to the river; publicize river sections or rivers that are no longer capable of receiving waste.
4. Carry out the assessment of damage caused by the river basin pollution and the remediation of the pollution.
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1. Assess the quality of river water and sediments at inter-provincial and transboundary river basins.
2. Investigate and assess the river’s carrying capacity, determine wastewater discharge quotas which correspond to the objective of using water and making the related information known to the public.
3. Issue and provide guidance for the implementation of environmental technical regulations on river water and sediments.
4. Issue and provide guidance on the assessment of the rivers’ carrying capacity and quotas on wastewater discharged to the inter-provincial rivers, remediate the pollution and improve the environment for polluted rivers and river sections.
5. Arrange and direct activities that should be performed for the purpose of the environmental protection for inter-provincial river basins.
6. Conduct the assessment of the polluting waste discharges, degree of damage and take measures to remediate the pollution for inter-provincial river basins.
7. Consolidate information about the quality of river basin water and sediments and send an annual report on this matter to the Prime Minister.
8. Set up and submit project on environmental protection for inter-provincial river basins to the Prime Minister to seek an approval.
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Article 56. Environmental protection for lake, pond, canal and ditch water
1. The reserve and quality of lake, pond, canal and ditch water sources must be investigated, assessed and protected for the purpose of water moderation.
2. Lakes, ponds, canals and ditches located in urban and residential areas must be renovated and protected to meet the requirements set out in the planning.
3. Organizations or individuals are not allowed allow to encroach upon and illegally erect houses and structures on the water surface or near lakes, ponds, canals and ditches; minimize the sand-filling of lakes and ponds in urban and residential areas.
4. Provincial People’s Committees take responsibility for investigating and assessing the reserve and quality of water as well as set up plans for protection and moderation of water flows on lakes, ponds, canals and ditches; formulate and develop the plan for renovation or relocation of residential zones, clusters and structures built on the lakes, ponds, canals and ditches that can cause environmental pollution and block the water current as well as degrade wetlands and ruin urban landscapes.
Article 57. Environmental protection for reservoirs for the purpose of irrigation and hydropower
1. The construction, management and operation of reservoirs for the purpose of irrigation and hydropower must meet the requirement for the environmental protection.
2. It is not allowed to encroach upon the land area and dump solid waste, soil and stones into reservoirs; discharge wastewater that has not been treated properly as required by the technical regulations on environment into reservoirs.
3. The agency in charge of reservoirs for the purpose of irrigation and hydropower shall be responsible to conduct the tri-monthly environmental monitoring for reservoir water.
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1. It is only allowed to use permitted chemicals in the approved list released by the competent agency in course of prospecting and extraction of groundwater.
2. Measures should be in place to prevent groundwater pollution through prospecting and extraction wells. Groundwater extraction facilities must be responsible for environmental remediation at prospecting and extraction sites. Abandoned exploration and extraction drill holes must be refilled in compliance with proper technical process.
3. Businesses that employ harmful chemicals and radioactive substances must apply preventive measures against leakage and spread out to the groundwater.
4. Chemical sheds, treatment facilities and landfills of hazardous waste must be built to ensure technical safety, and apply necessary measures to barricade harmful chemicals absorbed into the groundwater in accordance with legal regulations.
5. Organizations or individuals that pollute the groundwater must assume their responsibility for dealing with the groundwater pollution.
Article 59. General regulations on soil protection
1. The soil protection is one of fundamental requirements for the management of soil resource.
2. The planning, plans, projects and activities that utilize land must consider the impact on soil and introduce measures to protect soil.
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4. Organizations, households and individuals who pollute the soil environment shall be liable to carry out the treatment, improvement and remediation of soil environment.
Article 60. Management of soil environment quality
1. Soil environment quality must be investigated, assessed, classified, managed and publicized to organizations and individuals involved.
2. Waste discharged into the soil environment is not allowed to exceed the soil environment’s carrying capacity.
3. Soil areas at risk of degradation must be zoned, tracked and monitored.
4. Degraded soil areas must be improved and remediated.
5. The regulatory agency in charge of the environmental protection must be responsible for investigating, assessing and disclosing relevant information about the soil environment quality.
Article 61. Control of soil pollution
1. Elements that can pose a risk of polluting the soil environment must be defined, statistically reported, assessed and controlled.
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3. Businesses shall be responsible for applying measures to control the soil pollution thereat.
4. Soil areas containing soil and mud exposed to the dioxin agent which is derived from the herbicide used in the war time, residual agrochemical and other hazardous substances must be investigated, assessed, zoned and treated in accordance with the environmental protection requirements.
5. The Government shall elaborate this Article.
Article 62. General regulations on air protection
1. All exhaust gases discharged into the air must be assessed and controlled.
2. Organizations or individuals involving in involving in the harmful gas emission that causes bad effects on the environment during their production, trading and service provision activities must be responsible for reducing and disposing of such exhaust gases in order to ensure air environment quality as stipulated by law.
Article 63. Management of ambient air quality
The regulatory agency in charge of the environmental protection shall take their responsibility for monitoring and assessing the ambient air quality as well as disclose relevant information thereon; where the ambient air is detected, a prompt alert and solution must be in place.
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1. Sources of exhaust gases must be determined in respect of amount, properties and features of these exhaust gases.
2. The consideration and approval of projects and operations that emit exhaust gases must depend on the air environment’s carrying capacity and ensure none of threats to human and environmental health.
3. Businesses that are likely to emit a large amount of industrial exhaust gases must register polluting sources, measure, statistically report, inventory and set up database relating to the amount, characteristics and properties of exhaust gases.
4. Businesses that own the large source of industrial exhaust gases must install the automatic and non-stop exhaust gas monitoring equipment and must be licensed by the relevant competent authority.
5. The Government shall elaborate this Article.
ENVIRONMENTAL PROTECTION IN PRODUCTION, TRADING AND SERVICE PROVISION
Article 65. Environmental protection in economic zones
1. Every economic zone must have infrastructural constructions serving environmental protection as prescribed by law.
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3. The management boards of economic zones shall cooperate with local regulatory bodies in organizing environmental protection and shall report the environmental protection tasks in economic zones as prescribed by law.
4. The Minister of Natural Resources and Environment shall elaborate this Article.
Article 66. Environmental protection in industrial parks, export-processing zones and hi-tech zones
1. Management boards of industrial parks, export-processing zones and hi-tech zones shall cooperate with local regulatory bodies in inspecting environmental protection tasks and report the environmental protection tasks in their industrial parks, export-processing zones and hi-tech zones as prescribed by law.
2. Management boards of industrial parks, export-processing zones and hi-tech zones must have units specialized in environmental protection.
3. Investors in industrial parks, export-processing zones, and hi-tech zones must satisfy the requirements below:
a) The planning for dedicated areas and operations must be suitable for environmental protection tasks;
b) The centralized wastewater collection and treatment systems are conformable with environmental regulations; there is an automatic and continuous wastewater monitoring system as well as wastewater flow rate meters;
c) Appropriate units are assigned to take charge of environmental protection tasks.
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Article 67. Environmental protection in industrial clusters and concentrated business zones
1. Investors in industrial clusters and concentrated business zones must perform the following environmental protection tasks:
a) Formulate an environmental protection plan;
b) Invest in a wastewater collection and treatment system that complies with environmental technical regulations;
c) Carry out environmental monitoring as prescribed by law;
d) Assign employees in charge of environmental protection.
2. Management boards of concentrated business zones shall perform the environmental protection tasks below:
a) Formulate an environmental protection plan;
b) Invest in a wastewater and solid waste collection system that complies with environmental technical regulations;
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3. The People’s Committees of districts are obliged to:
a) Inspect the formulation and implementation of environmental protection plans in industrial clusters and concentrated business zones;
b) Submit reports on environmental protection in industrial clusters and concentrated business zones to competent authorities.
4. The Minister of Natural Resources and Environment shall elaborate this Article.
Article 68. Environmental protection in businesses
1. Businesses are obliged to:
a) Collect and treat wastewater in accordance with environmental technical regulations;
b) Collect, classify, store, treat, and discharge solid waste in accordance with law;
c) Minimize, collect, treat dust and exhaust gases in accordance with law; ensure no leakage and discharge of noxious gases into the environment; limit noise, vibration, light and heat emission that negatively affects the surrounding environment and employees;
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dd) Formulate and implement environmental protection plans;
2. Manufacturing establishments or warehouses must ensure that there are no negative impacts on residential areas if they:
a) Have inflammable and/or explosive substances;
b) Have radioactive substances or strongly radiating substances;
c) Have substances that are harmful to humans and animals;
d) Emit dust, smell, noise that negatively affect human health;
dd) Cause pollution to water sources.
3. Businesses that produce a large amount of waste that is likely to seriously affect the environment must have specialized units or employees specialized in environmental protection; the environment management systems of which must be certified as prescribed by the government.
4. Owners of manufacturing and business establishments are responsible for fulfilling the environmental protection requirements in Clauses 1, 2, and 3 of this Article and relevant regulations of law.
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1. Every entity that produces, imports, sells, and/or uses agrochemicals and veterinary medicines must comply with environmental protection regulations in Clause 1 and Clause 2 Article 78 of this Article.
2. Expired fertilizers, products for breeding environment remediation; containers of fertilizers, agrochemical and veterinary medicine must be treated after use in accordance with waste management regulations.
3. Every concentrated breeding zone must have an environmental protection plan and:
a) Ensure environmental hygiene of the residential areas;
b) b) Collect, treat wastewater and solid waste in accordance with waste management regulations;
c) Periodically clean the farms, pens to prevent, and response to epidemics;
d) Deal with dead animals in accordance with regulations on hazardous waste management and preventive medicine.
Article 70. Environmental protection in craft villages
1. Every craft villages is obliged to:
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b) Have infrastructure works for collecting, classifying, storing, treating, and discharging wastes in accordance with environmental technical regulations;
c) Has an autonomous unit in charge of environmental protection.
2. Businesses involved industries and business lines that are recommended in craft villages are obliged to:
a) Formulate and implement environmental protection plans as prescribed by law;
b) Take measures to minimize noise, vibration, light, dust, heat, exhaust gases and wastewater; tackle pollution on the spot; collect, classify, store, and treat solid waste as prescribed by law.
3. Businesses other than those mentioned in Clause 2 of this Article are obliged to:
a) Comply with regulations in Clause 1 Article 68 of this Law;
b) Comply with the plans for relocation or industry/business line conversion made by competent authorities.
4. The People’s Committees of communes that have craft villages are obliged to:
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c) Provide instructions on operation of autonomous units in charge of environmental protection in craft villages;
c) Submit annual reports on environmental protection in craft villages to the People’s Committee of the district.
5. The People’s Committees of districts that have craft villages are obliged to:
a) Direct and inspect environmental protection in local craft villages;
b) Submit annual reports on environmental protection in craft villages to the People’s Committee of the province.
6. The People’s Committees of provinces that have craft villages are obliged to:
a) Formulate planning for, construct, renovate and develop craft villages in association with environmental protection;
b) Provide funding for environmental protection in craft villages;
c) Direct and organize assessment of pollution levels and deal with environmental pollution in local craft villages;
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dd) Make planning for industrial parks and craft villages clusters; move establishments causing serious environmental pollution from residential areas.
7. The Government shall elaborate this Article.
Article 71. Environmental protection in aquaculture
1. Every entity that produces, imports and/or sells aquaculture medicines or chemicals must comply with environmental protection regulations and relevant regulations of law.
2. Aquaculture medicines or chemicals that are expired or not on the list of permissible substances in aquaculture are not allowed.
3. Expired aquaculture medicines and chemicals; used containers of aquaculture medicines and chemicals, mud and feed that deposit while cleaning must be collected and treated in accordance with waste management regulations.
4. Concentrated aquaculture zones must be conformable with planning and satisfy the following requirements:
a) Waste is collected and treated in accordance with law;;
b) The environment is remedied after aquaculture is terminated;
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5. The concentrated aquaculture zone is not built on an alluvial ground that is forming an estuary.
6. Mangrove forests are not destroyed to serve aquaculture.
Article 72. Environmental protection in hospitals and health facilities
1. Hospitals and health facilities are obliged to:
a) Collect and treat medical wastewater in accordance with environmental technical regulations;
b) Classify solid biomedical waste at source; collect, transport, store and treat medical solid waste in accordance with environmental technical regulations;
c) There are plans and equipment for prevention and response to environmental emergencies caused by biomedical waste;
d) Biomedical wastes must be preliminarily treated to eliminate pathogens that are likely to spread before wastes are stored, treated or destroyed at a gathering site;
dd) Exhaust gases are treated in accordance with environmental technical regulations;
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3. Investors in hospitals and health facilities shall provide sufficient funding to build sanitary works, waste collection, storage and treatment systems that satisfy environmental protection requirements.
4. Heads of hospitals and health facilities are responsible for fulfilling the environmental protection requirements in Clauses 1, 2, and 3 of this Article and relevant regulations of law.
Article 73. Environmental protection in construction
1. Construction planning must comply with regulations on environmental protection.
2. Waste treatment works must be included in the construction design and budget of the construction of manufacturing and business establishments that produce waste resulting in adverse impacts on the environment.
3. Construction must satisfy the following environmental protection requirements:
a) Measures are taken to ensure that the construction sites in residential areas do not produce dust, heat, noise, vibration, and light beyond environmental technical regulations;
b) Building materials are transported with suitable vehicles that ensure no leakage or environmental pollution;
c) Wastewater, solid waste and other types of waste are collected and treated in accordance with environmental technical regulations.
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1. [15] Traffic transport activities shall comply with regulations of the law on environmental protection.
2. Motor vehicles must be certified as conformable with environmental standards by registry authorities before they are put into operation.
3. Vehicles used for transporting raw materials and wastes must be covered while they are using public roads in order to avoid leakage and pollution.
4. Organizations and individuals involved in transport of dangerous goods must have qualifications in environmental protection as prescribed by law.
5. The transport of goods at risk of environmental emergencies must satisfy the following requirements:
a) Specialized equipment and vehicles are used to ensure no leakage or discharge;
b) A license to transport is issued by a competent authority;
c) The route and time are conformable with the license.
Article 75. Environmental protection in goods import and transit
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2. The following machinery, equipment, vehicles, raw materials, fuels, chemicals, and goods are banned from import:
a) Machinery, equipment, and vehicles that fail to comply with environmental protection requirements;
b) Machinery, equipment, and vehicles that are used and intended to be disassembled, except for the case in Clause 3 of this Article;
c) Raw materials, fuels, chemicals, and goods on the list of goods banned from import;
d) Machinery, equipment, and vehicles contaminated with radioactive substances, bacteria, and other poisonous substances that have not been cleaned or cannot be cleaned;
dd) Food, food ingredients, food additives, food processing aids, tools and food packaging materials that are expired or not conformable with food safety regulations;
e) Medicines and medicinal materials for human use, veterinary medicines and agrochemicals that are expired or not conformable with food safety regulations.
3. The import of used ships must comply with environmental technical regulations. The Government shall specify the permissible importers and conditions for importing and breaking used ships.
Article 76. Environmental protection during import of scrap
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2. Scrap importers must:
a) Have separate warehouses and areas that meet environmental protection requirements for gathering scrap;
b) Have technologies and equipment for recycling scrap and treating impurities in scrap that meet environmental technical regulations.
3. Scrap importers have the following responsibility:
a) Only import scrap as production materials;
b) Treat impurities in scrap in accordance with environmental technical regulations; do not give or sell impurities in scrap;
c) Re-export scrap that fails to meet environmental technical regulations. Otherwise, such scrap must be treated in accordance with regulations of law on waste management;
d) Pay deposits to import scrap as prescribed by the Government.
4. Provincial People’s Committees shall:
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b) Submit annual reports to the Ministry of Natural Resources and Environment on import and use of scrap and environmental issues pertaining to imported scrap locally.
Article 77. Environmental protection during festivals and in the tourism industry
1. Every entity that manages or operates sites/monuments, tourism areas, tourist attractions and lodging establishments must:
a) Post the regulations on environmental protection at the sites/monuments, tourism areas and tourist attractions and provide instructions;
b) Adequately and rationally install sanitary facilities and waste collection systems;
c) Appoint employees in charge of environmental hygiene.
2. Visitors to sites/monuments, tourism areas, tourist attractions, lodging establishments and festivals must:
a) Comply with the regulations on environmental protection at the sites/monuments, tourism areas, tourist attractions or lodging establishments;
b) Discard wastes properly;
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d) Not infringe upon the landscape, relics and animals at the sites/monuments, tourism areas, tourist attractions and lodging establishments.
1. Every entity that produces, imports, sells, uses, transports, stores, transfers, and/or processes chemicals, agrochemicals, and/or veterinary medicines must comply with environmental protection regulations and relevant regulations of law.
2. Chemicals, agrochemical and veterinary medicines with high toxicity, stability, likely to spread or accumulate in the environment and negatively impact the environment and human health must be registered, managed, assessed, and processed in accordance with law.
3. The Minister of Natural Resources and Environment shall preside over and cooperate with the Minister of Industry and Trade and the Minister of Agriculture and Rural development in elaborating this Article.
Article 79. Environmental protection by research institutes and laboratories
1. Research institutes and laboratories must:
a) Collect and treat wastewater in accordance with environmental technical regulations;
b) Classify solid waste at sources; collect and treat solid waste in accordance with regulations of law on solid waste management;
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d) Make plans and provide equipment for prevention of and response to environmental emergencies.
2. Every research institute and laboratory that uses radioactive substances must comply with regulations of law on radiation safety and nuclear safety.
3. Heads of research institutes and laboratories are responsible for fulfilling the environmental protection requirements in Clause 1 and Clause 2 of this Article and relevant regulations of law.
ENVIRONMENTAL PROTECTION IN URBAN AREAS AND RESIDENTIAL AREAS
Article 80. Environmental protection requirements applied to urban areas and residential areas
1. Urban environmental protection must ensure sustainable development associated with sustention of natural, cultural, historical elements and the ratio of green space according to planning.
2. The infrastructures serving environmental protection are uniform and conformable with the urban planning approved by a competent authority.
3. There are adequate equipment, vehicles and places for classifying waste at source, collecting, gathering domestic solid waste and receiving waste classified by households in residential areas.
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5. Investors in high density residential area projects and apartment buildings shall fulfill the environmental protection requirements prescribed in Clause 2 and Clause 3 of this Article.
6. Scattered residential areas must have places and system for collecting and treating waste, clean water supply systems, and activities to develop a green, clean, and safe environment.
Article 81. Environmental protection in public places
1. Organizations, households, and individuals shall comply with environmental protection regulations and keep public hygiene; classify waste and put it into public trashcans or permissible dumpsites; shall not let domestic animals spoil public hygiene.
2. Managers of parks, amusement parks, tourism areas, markets, train stations, bus stations, ports, ferry terminals, and other public places shall:
a) Appoint employees to collect waste and clean the environment under their management;
b) Provide public sanitation works; equipment and vehicles for collecting waste to ensure environmental hygiene;
c) Post public hygiene regulations.
Article 82. Environmental protection requirements applied to households
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2. Minimize, treat and discharge wastewater at proper places.
3. Do not emit exhaust gases, make noises, vibration, and other impacts beyond the limits in environmental technical regulations, which cause negative impacts to the local community.
4. Pay environmental protection fees sufficiently and punctually; pay fees for wastes collection and waste treatment services as prescribed by law;
5. Participate in public environmental protection tasks.
6. Have sanitation works and breeding farms that ensure hygiene and safety.
Article 83. Autonomous environmental protection organizations
1. Residential communities are encouraged by the State to establish local autonomous environmental protection organizations.
2. Autonomous environmental protection organizations are established and operate on the principle of voluntariness and joint responsibility in accordance with law to perform the following tasks:
a) Urge households and individuals to comply with regulations on hygiene and environmental protection;
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c) Keep environmental hygiene in residential areas and public places;
d) Formulate and organize the implementation of village regulations on environmental protection; encourage the people to eliminate unsound customs and unhygienic habits that are harmful for health and the environment;
d) Participate in supervision of adherence to regulations of law on environmental protection by local businesses.
3. Communal People’s Committees shall specify the organization, operation of autonomous environmental protection organizations, and facilitate their operation.
Article 84. Environmental protection during burial and cremation
1. Every burial and cremation site must:
a) Comply with the planning;
b) be located and maintain distance in accordance with requirements concerning environmental hygiene and landscape of the residential area;
c) not pollute water sources and the surroundings.
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3. The burial of people who die of dangerous epidemics shall comply with regulations of the Ministry of Health.
4. Provider of burial services must comply with regulations of law on environmental protection and infection control.
5. The State recommends that cremation and burial be carried out in cemeteries according to planning and unsound customs that cause environmental pollution be eliminated.
Section 1. GENERAL REGULATIONS ON WASTE MANAGEMENT
Article 85. Requirements applied to waste management
1. Waste must be managed throughout the process of generation, minimization, classification, collection, transport, recycling, and destruction.
2. Normal waste that contains hazardous waste beyond permissible limits and cannot be classified shall be managed in accordance with hazardous waste regulations.
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Article 86. Minimization, reuse and recycling of waste
1. Waste that can be recycled, reused and have its energy recovered must be classified.
2. Owners of businesses that produce waste must minimize, recycle and reuse waste, and recover energy from waste or transfer waste to capable organizations for reuse, recycling and energy recovery.
Article 87. Collecting and treating discarded products
1. Owners of businesses must collect and treat discarded products.
2. Consumers are responsible for taking discarded products to proper places.
3. People’s Committees at all levels and environmental protection authorities shall enable businesses to collect discarded products.
4. Discarded products shall be collected and treated in accordance with decisions of the Prime Minister.
Article 88. Responsibilities of People’s Committees at all levels for waste management
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1. [16] Formulate, approve and organize the implementation of planning related to local waste treatment infrastructure.
2. Invest in and operate public works serving local waste management.
3. Introduce and implement policies to provide incentives and assistance for waste management as prescribed by law.
1. Reserve land area for gathering waste under their management.
2. Develop and operate centralized wastewater treatment systems.
Section 2. HAZARDOUS WASTE MANAGEMENT
Article 90. Document compilation, registration and licensing of hazardous waste treatment
1. Every entity that discharges hazardous waste shall compile documents about hazardous wastes and apply for registration with an environmental protection authority.
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3. The Ministry of Natural Resources and Environment shall compile a list of hazardous wastes and issue licenses to process hazardous waste.
Article 91. Classification, collection and storage of hazardous waste prior to processing
1. Every entity that discharges hazardous waste must collect, store and process hazardous waste in accordance with environmental standards; if the entity that discharges hazardous waste fails to process hazardous waste in accordance with environmental technical regulations, hazardous waste shall be transferred to an entity licensed to process hazardous waste.
2. Hazardous waste must be kept in specialized containers that ensure no negative impacts on humans and the environment.
Article 92. Transport of hazardous waste
1. Hazardous waste must be transported with suitable vehicles and equipment which are specified in the license to process hazardous waste.
2. Hazardous waste transported to another country must comply with the international agreements to which the Socialist Republic of Vietnam is a signatory.
Article 93. Conditions to be satisfied by facilities that process hazardous wastes
Conditions to be satisfied by a facility that processes hazardous waste are as follows:
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2. It maintains a distance that ensures no negative impacts on the environment and humans.
3. There are technologies and specialized equipment for storing and processing hazardous waste in accordance with environmental technical regulations.
4. There are constructions and measures for environmental protection.
5. There are managers granted certificates and qualified technicians.
6. There are procedures for safe operation of specialized vehicles and equipment.
7. There is an environmental protection plan.
8. There is a plan for environmental remediation after shutdown.
9. There is an environmental impact assessment report appraised and approved by the Ministry of Natural Resources and Environment.
Article 94. Hazardous waste management mentioned in environmental protection planning [17]
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Section 3. MANAGEMENT OF NORMAL SOLID WASTE
Article 95. Responsibility to classify normal solid waste
Owners of businesses, organizations, households and individuals that produce normal solid waste shall classify it at source to facilitate its recycling, reuse, energy recovery and treatment.
Article 96. Collection and transport of normal solid waste
1. Normal solid waste shall be collected, stored and transported with specialized vehicles and equipment.
2. Environmental protection authorities shall organize the collection, storage and transport of normal solid waste within areas under their management.
Article 97. Recycling, reuse, recovery of energy from and treatment of normal solid waste
Owners of businesses, organizations, households and individuals that produce normal solid waste shall recycle, reuse, recover energy from and treat from such waste. In case of failure to reuse, recycle, recover energy from and treat normal solid waste, it shall be sent to the organizations capable of reusing, recycling, recovering energy from and treating such waste.
Article 98. Normal solid waste management mentioned in environmental protection planning[18]
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Section 4. WASTEWATER MANAGEMENT
Article 99. General regulations on wastewater management
1. Wastewater shall be collected and treated in accordance with technical environmental regulations.
2. Wastewater that contains hazardous elements beyond the permissible limits shall be managed in accordance with regulations on hazardous waste.
Article 100. Collection and treatment of wastewater
1. Every urban area and high density residential area must have a system for separating rainwater and wastewater.
2. Wastewater produced by businesses must be collected and treated in accordance with environmental technical regulations.
3. Waste sludge from wastewater treatment systems shall be managed in accordance with regulations of law on solid waste management; waste sludge that contains hazardous wastes beyond permissible limits and shall be managed in accordance with hazardous waste.
Article 101. Wastewater treatment system
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a) Dedicated areas for production, business operation and service provision;
b) Craft villages clusters;
c) Businesses that are not connected to any centralized wastewater treatment systems.
2. Every wastewater treatment system must:
a) Have a technology process suitable for the type of wastewater that needs treating;
b) Have a treatment capacity that is sufficient for the amount of wastewater produced;
c) Treat wastewater according to technical environmental regulations;
d) Have the wastewater discharge outlets located at positions that facilitate inspection and supervision;
dd) Be operated regularly.
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4. Businesses that produce a large amount of wastewater that is likely to harm the environment must carry out automatic environmental monitoring and send data to competent authorities as prescribed by the Ministry of Natural Resources and Environment.
Section 5. MANAGEMENT AND CONTROL OF DUSTS, EXHAUST GASES, NOISE, VIBRATION, LIGHT, AND RADIATION
Article 102. Management and control of dusts and emissions
1. Any entity that produces dusts and exhaust gases must control and treat dusts and/or exhaust gases during its production, business operation and service provision in accordance with technical regulations on environment.
2. Vehicles, machinery, equipment, constructions that produce dust and/or exhaust gases must have filters, covers, or other parts to minimize exhaust gases and reduce dusts in accordance with technical regulations on environment.
3. Dust and exhaust gases that contain hazardous elements beyond the permissible limits shall be managed in accordance with regulations on hazardous waste management.
Article 103. Management and control of noise, vibration, light and radiation
1. Any entity that creates noise, vibration, light, and/or radiation must take measures to control and treat them in accordance with environmental technical regulations.
2. Businesses in residential areas that create noise must take measures to minimize them to avoid affecting the local community.
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4. It is prohibited to manufacture, import, transport, sell and use firecrackers. The Prime Minister shall decide the manufacture, import, transport, sale, and use of firework.
POLLUTION REMEDIATION, ENVIRONMENTAL REMEDIATION AND IMPROVEMENT
Section 1. ACTIONS AGAINST ESTABLISHMENTS CAUSING SERIOUS ENVIRONMENTAL POLLUTION
Article 104. Actions against establishments causing serious environmental pollution
1. An establishment causing serious environmental pollution means any establishment that discharges wastewater, exhaust gases, dust, solid waste, noise, vibration, and other pollutants beyond the permissible limits to a serious extent.
2. Establishments causing serious environmental pollution shall incur penalties for administrative violations, be compelled to take measures for pollution removal, and be put on the list of establishments causing serious environmental pollution.
3. Establishments causing serious environmental pollution shall be determined annually in the following order:
a) The People’s Committees of provinces shall preside over and cooperate with Ministries, ministerial agencies, Governmental agencies in compiling lists of local establishments causing environmental pollution, except for the case in Point b of this Clause, and proposing remedial measures, then submit them to the Ministry of Natural Resources and Environment, which will request the Prime Minister to make a decision;
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c) The Ministry of Natural Resources and Environment shall preside over and cooperate with other Ministries, ministerial agencies, Governmental agencies, and the People’s Committee of the provinces in submitting the lists of establishments causing serious environmental pollution and proposed remedial measures;
d) The decisions to take actions against establishments causing serious environmental pollution shall be notified to the People’s Committees of the districts and communes where such establishments are located, and announced to the local community for the purpose of inspection and supervision.
4. Responsibility for taking actions against establishments causing serious environmental pollution:
a) The People’s Committees of provinces shall preside over and cooperate with Ministries, ministerial agencies, and Governmental agencies in taking actions against local establishments causing serious environmental pollution;
b) The Ministry of National Defense and the Ministry of Public Security shall preside over and cooperate with the People’s Committees of provinces in taking actions against national defense and security establishments causing serious environmental pollution;
c) Ministries, ministerial agencies, and Governmental agencies shall preside over and cooperate with the People’s Committees of provinces in taking actions against local establishments causing serious environmental pollution;
d) Ministries, ministerial agencies, Governmental agencies, the People’s Committees of provinces shall submit annual reports on actions against establishments causing serious environmental pollution to the Ministry of Natural Resources and Environment, which will submit consolidated reports to the Prime Minister.
5. The Government shall elaborate this Article.
Section 2. ENVIRONMENTAL REMEDIATION OF POLLUTED AREAS
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1. Pollution reduction means minimization of impacts of pollution on the environment and humans, improvement of environmental quality in the polluted area.
2. Polluted areas shall be classified as pollution, serious pollution, and particularly serious pollution areas.
Article 106. Pollution reduction and environmental remediation
1. Determination of a polluted area includes:
a) Determine the boundary of the polluted area;
b) Determination of the pollution level and risk assessment;
c) Determination or causes and accountability or relevant parties;
d) Solutions for pollution removal and environmental remediation;
dd) Determination of damage as the basis for claiming compensation.
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a) Ability, extent, and level of environmental pollution;
b) Risk assessment;
c) Feasible solution for environmental remediation;
d) Plan and budget for environmental remediation and improvement.
Article 107. Responsibility for pollution reduction and environmental remediation
1. Organizations and individuals are obliged to:
a) Find a feasible solution for environmental remediation when executing projects likely to cause environmental pollution;
b) Take measures for pollution reduction and environmental improvement when causing environmental pollution;
c) If environmental pollution is caused by multiple entities without responsibility attributed, the environmental protection authority shall cooperate with relevant entities to attribute responsibility for pollution reduction and environmental remediation of each entity.
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3. The Ministry of Natural Resources and Environment is obliged to:
a) Establish criteria for classifying polluted areas;
b) Provide instructions on environmental remediation and improvement; inspect and verify completion of pollution reduction and environmental remediation;
c) Carry out surveys, assessments of pollution reduction and environmental remediation in interprovincial polluted areas.
4. If the environment is polluted due to natural disaster or an unknown cause, competent authorities shall mobilize forces to carry out pollution reduction and environmental remediation.
Section 3. ENVIRONMENTAL EMERGENCY PREVENTION AND RESPONSE
Article 108. Environmental emergency prevention
1. Owners of businesses or vehicles at risk of causing environmental emergencies shall take the following measures:
a) Make plans for preventing and responding to environmental emergencies;
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c) Training and forming forces on-the-spot for the purpose of environmental emergency response;
d) Carry out regular inspections and implement safety measures as prescribed by law;
dd) Take measures to eliminate the causes of environmental emergencies when finding any sign of environmental emergencies.
2. Ministries, ministerial agencies, the People’s Committees, within their jurisdiction, shall:
a) Investigate, statistically report and assess the risk of environmental emergencies nationwide and in each region/administrative division;
b) Build capacity for environmental emergency prevention, warning and response;
c) Make annual and 5-year plans for environmental emergency prevention and response.
Article 109. Environmental emergency response
1. Responsibility for response to an environmental emergency:
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b) The head of the establishment and administrative division where the environmental emergency occurs shall promptly mobilize forces, equipment and vehicles to respond to environmental emergency;
c) If the environmental emergency occurs to multiple establishments or administrative divisions, the heads of such establishments and administrative divisions shall cooperate with each other in emergency response;
d) If the situation is beyond the capability of them, the heads shall request the supervisory agency to mobilize forces from other establishments or administrative divisions to respond to the environmental emergency; the requested establishments or administrative divisions shall implement the emergency response measures within their competence.
2. Response to particularly serious environmental emergencies shall be carried out in accordance with regulations of law on state of emergencies.
3. The costs of manpower, materials and vehicles used to respond to environmental emergencies will be reimbursed and paid for as prescribed by law.
4. This Law and relevant regulations of law shall apply to responsibility for paying compensation for environmental emergencies.
Article 110. Forming environmental emergency response forces
1. Businesses shall build their capacity for preventing and responding to environmental emergencies.
2. The State shall form environmental emergency response forces and build a system of equipment used for issuing warnings about environmental emergencies.
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Article 111. Determination of damage caused by environmental emergencies
1. The investigation into and determination of damage caused by an environmental emergency shall deal with:
a) The boundary of the area polluted because of the environmental emergency;
b) Pollution levels;
c) Causes and accountability or relevant parties;
d) Measures for pollution reduction and environmental remediation;
dd) Damage to the environment as the basis for claiming compensation.
2. Responsibility for investigation into and determination of extent of pollution and damage caused by environmental emergencies:
a) The People’s Committee of provinces shall investigate and determine extent of pollution and damage caused by local environmental emergencies;
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3. Results of investigation into causes of environmental emergencies, level and extent of environmental pollution and damage must be announced.
Article 112. Responsibility for environmental remediation
1. Any entity that causes an environmental emergency is obliged to:
a) Comply with the requests of environmental protection authorities during the investigations to determine the pollution extent, levels, and remedial measures.
b) Immediately take measures to prevent the pollution sources, stop the pollution from spreading and affecting local people’s health;
c) Take measures for pollution reduction and environmental remediation at the request of environmental protection authorities.
d) Pay damages in accordance with this Law and relevant regulations of law;
dd) Submit reports on environmental emergency response and environmental remediation to environmental protection authorities.
2. If the environmental emergency is caused by multiple entities and they fail to reach an agreement on responsibility, the environmental protection authority shall cooperate with relevant entities to attribute responsibility for pollution reduction and environmental remediation of each entity.
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4. If an environmental emergency occurs in multiple provinces, the Prime Minister shall direct the pollution reduction and environmental remediation.
ENVIRONMENTAL TECHNICAL REGULATIONS AND ENVIRONMENTAL STANDARDS
Article 113. Environmental technical regulations
1. Technical regulations on ambient environment quality, including:
a) Environmental technical regulations on soil;
b) Environmental technical regulations on surface water and groundwater;
c) Environmental technical regulations on sea water;
d) Environmental technical regulations on air;
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dd) Environmental technical regulations on noise and vibration.
2. Technical regulations on waste, including:
a) Technical regulations on industrial wastewater, livestock wastewater, aquaculture wastewater, domestic wastewater, vehicle wastewater and wastewater generated by other activities;
b) Technical regulations on exhaust gases emitted from mobile and stationary sources;
c) Technical regulations on hazardous waste.
3. Other environmental technical regulations.
Article 114. Rules for formulation of environmental technical regulations
1. Achieve the objectives for environmental protection; prevention and reduction of environmental pollution, degradation and emergencies;
2. Be feasible and suitable for level of socio-economic development and technological level of the country and meet the requirements for international economic integration.
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4. Local technical regulations must be stricter than national technical regulations or meet requirements for specific environmental management.
Article 115. Codes assigned to environmental technical regulations
1. A code is assigned to a national technical regulation on environment as follows: QCVN ordinal number-MT: year of issue/BTNMT.
2. A code is assigned to a local technical regulation on environment as follows: QCĐP ordinal number-MT: year of issue/abbreviation for the province or central-affiliated city.
1. Environmental technical regulations on ambient environment quality must define permissible limits of environmental parameters suitable for use of corresponding environmental components, including:
a) Minimum values of parameters ensuring life and normal growth of humans and creatures;
b) Maximum permissible values of environmental parameters that ensure no negative effects produced on life and normal growth of humans and creatures.
2. Technical regulations on ambient environment quality must provide guidance on reference method for measuring, collecting and analyzing samples to determine environmental parameters.
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1. Environmental technical regulations on waste must define permissible limits of pollutants present in waste ensuring that they do not cause environmental pollution.
2. Concentration of pollutants present in waste is determined by relying on the toxicity and quantity of generated waste and carrying capacity of the waste receiving environment.
3. Technical regulations on waste must provide guidance on reference method for measuring, collecting and analyzing samples to determine concentration of pollutants.
Article 118. Formulation and promulgation of environmental technical regulations
1. Power and procedures for formulating and promulgating national and local environmental technical regulations must comply with regulations of law on standards and technical regulations.
2. The Ministry of Natural Resources and Environment shall promulgate national environmental technical regulations.
3. Provincial People’s Committees shall promulgate local environmental technical regulations.
Article 119. Environmental standards
1. Environmental standards include ambient environment quality standard, environmental standard on waste management and other environmental standards.
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3. An internal environmental standard shall be applicable within the organization issuing such standard.
Article 120. Formulation, appraisal and announcement of environmental standards
1. Power and procedures for establishing and appraising environmental standards must comply with regulations of law on standards and technical regulations.
2. The Minister of Natural Resources and Environment shall organize the establishment and request appraisal of environmental standards.
3. The Minister of Science and Technology shall organize the appraisal of drafts of national environmental standards and announce national environmental standards.
4. Agencies and organizations shall establish and announce internal environmental standards in accordance with regulations of law on standards and technical regulations.
Article 121. Environmental monitoring activities
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2. The Ministry of Natural Resources and Environment shall promulgate a list of businesses responsible for emissions monitoring and provide guidance on the monitoring of emissions produced by businesses at risk of affecting the environment.
3. Businesses which are not on the list of businesses responsible for emissions monitoring must maintain their compliance with environmental technical regulations and relevant regulations of law.
Article 121a. Comprehensive planning for national environmental monitoring[19]
1. The comprehensive planning for national environmental monitoring is the technical and specialized planning containing the following main contents:
a) Analyzing and assessing status of the national environmental monitoring network; system of environmental testing and analysis laboratories and environmental monitoring data management system;
b) Viewpoints, objectives and selected scheme for comprehensive planning for national environmental monitoring in conformity with environmental zoning, monitoring orientations and environmental warning in the environmental protection planning;
c) National environmental monitoring network, including orientations for environmental component monitoring points, parameters and frequency nationwide and automatic monitoring stations; orientations for development of system of environmental testing and analysis laboratories and environmental monitoring data management system;
d) List of national environmental monitoring projects;
dd) Orientations for connection of national environmental monitoring network, database and data with provincial environmental monitoring network and connection of environmental monitoring network;
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2. The Ministry of Natural Resources and Environment shall formulate, appraise and submit comprehensive planning for national environmental monitoring. Provinces and central-affiliated cities shall include the environmental monitoring network in the provincial planning in a manner that ensures connectivity, authorization and cooperation.
Article 122. Environmental components and emissions that need monitoring
1. Water environment, including surface water, groundwater and seawater.
2. Air environment, including indoor and outdoor air.
3. Noise, vibration, radiation, light.
4. Soil and sediments.
5. Radioactivity.
6. Wastewater, exhaust gases and solid waste.
7. Hazardous waste released into and accumulate in the environment.
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Article 123. Environmental monitoring programs
1. National environmental monitoring programs include environmental monitoring programs for inter-provincial river basins and lakes, key economic regions, transboundary environment and environment in geographically distinct zones.
2. Provincial environmental monitoring programs include local environmental component monitoring programs.
3. Environmental monitoring programs of industrial parks, export processing zones, hi-tech zones, industrial clusters, craft villages and businesses include programs for monitoring of emissions and environmental components in accordance with the law.
Article 124. Environmental monitoring system
1. The environmental monitoring system shall cover:
a) National environmental monitoring;
b) Provincial environmental monitoring;
c) In-facility environmental monitoring.
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b) Organizations in charge of on-site sampling and sample measurement;
c) Environmental sample testing and analysis laboratories;
d) Organizations verifying and calibrating environmental monitoring equipment;
dd) Organizations managing and processing environmental monitoring data and preparing environmental monitoring reports.
3. The environmental monitoring system must be must be synchronized and interconnected to create a consistent and comprehensive network nationwide.
Article 125. Responsibility for environmental monitoring
1. The Ministry of Natural Resources and Environment shall direct, provide guidance on and inspect the environmental monitoring nationwide; organize the national environmental monitoring.
2. Provincial People’s Committees shall organize the execution of environmental monitoring programs within their provinces, submit environmental monitoring reports to provincial People's Councils and the Ministry of Natural Resources and Environment.
3. Industrial parks, export-processing zones, hi-tech zones, industrial clusters, craft villages and businesses must execute the emissions and environmental component programs; submit reports thereon to environmental protection authorities in accordance with the law.
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1. Any organization that has sufficient technicians majoring in environmental monitoring and is equipped with necessary facilities is permitted to participate in the environmental monitoring.
2. The Government shall elaborate this Article.
Article 127. Environmental monitoring data management
1. The Ministry of Natural Resources and Environment shall manage national environmental monitoring data; establish environmental monitoring database; announce national environmental monitoring results and provide technical assistance in environmental monitoring data management.
2. Provincial People’s Committees shall manage environmental monitoring data and announce local environmental monitoring results.
3. Industrial parks, export-processing zones, hi-tech zones, industrial clusters, craft villages and businesses shall manage environmental monitoring data and announce environmental monitoring results as prescribed by law.
ENVIRONMENTAL INFORMATION, INDICATORS, STATISTICS AND REPORTING
Section 1. ENVIRONMENTAL INFORMATION
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1. Environmental information includes figures and data on environmental components, environmental impacts, policies and law on environmental protection, and environmental protection activities.
2. Environmental database is a collection of environmental information which is established, updated and maintained to meet the demands for access to and use of information for environmental protection tasks and for the public interests.
Article 129. Collection and management of environmental information
1. The Ministry of Natural Resources and Environment shall preside over and cooperate with ministries and local authorities in collecting and managing environmental information and establishing national environmental database.
2. Ministries, departments and People’s Committees at all level shall, within their jurisdiction, collect and manage environmental information, build ministerial, and local environmental database and integrate them into the national environmental database.
3. Industrial parks, export-processing zones, hi-tech zones, industrial clusters, craft villages and businesses shall prepare environmental dossiers; manage information about impacts of production, business operation and service provision on the environment.
Article 130. Announcement and provision of environmental information
1. Every entity that manages an industrial park, export-processing zone, hi-tech zone, industrial cluster or business required to prepare environmental impact assessment reports shall report environmental information under their management to the environmental protection authority affiliated to the provincial People's Committee.
2. Businesses other than those stipulated in Clause 1 of this Article shall provide environmental information in relation to their operation to People’s Committees of districts and communes.
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4. The Minister of Natural Resources and Environment shall elaborate this Article.
Article 131. Publishing of environmental information
1. Environmental information to be made publicly available includes:
a) Strategic environmental assessment reports, environmental impact assessment reports and environmental protection plans;
b) Information about waste sources, waste and treatment of waste;
c) Areas suffering from serious and particularly serious pollution and degradation, areas at risk of environmental emergencies;
d) Environmental reports;
dd) Results of environmental inspections.
If the information above is classified as state secrets, it must not be made publicly available.
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3. Agencies in charge of publishing environmental information shall take legal responsibility for the accuracy of information.
Section 2. ENVIRONMENTAL INDICATORS AND STATISTICS
Article 132. Environmental indicators
1. Environmental indicators are basic parameters that reflect specific elements of the environment for the purpose of evaluating and monitoring the changes in environmental quality and preparation of state of the environment reports.
2. The Ministry of Natural Resources and Environment shall establish, promulgate and provide guidance on implementation of the set of national environmental indicators.
3. People’s Committees of provinces shall establish, promulgate and implement their sets of environmental indicators according to the set of national environmental indicators.
Article 133. Environmental statistics
1. Environmental statistics means investigating, reporting, consolidating, analyzing and announcing basic indicators reflecting the nature and developments of environmental issues by space and time.
2. The Ministry of Natural Resources and Environment shall promulgate a system of environmental statistical indicators, organize the national environmental statistics; provide guidelines for environmental statistics; establish national environmental statistical database.
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4. People’s committees of provinces shall organize the local environmental statistics; establish local environmental statistical database; submit annual reports on environmental statistical indicators to the Ministry of Natural Resources and Environment.
Section 3. ENVIRONMENTAL REPORTING
Article 134. Responsibility for annual reporting of environmental protection
1. Communal People’s Committees shall submit reports on local environmental protection to communal People’s Council and district-level People’s Committees.
2. District-level People’s Committees shall submit reports on local environmental protection to district-level People’s Councils and provincial People’s Committees.
3. Provincial People’s Committees shall submit reports on local environmental protection to provincial People’s Councils and the Ministry of Natural Resources and Environment.
4. Management boards of economic zones, industrial parks, export-processing zones, hi-tech zones and industrial clusters shall submit reports on environmental protection to provincial People’s Committees.
5. Ministries shall submit reports on environmental protection in the fields under their management to the Ministry of Natural Resources and Environment.
6. The Ministry of Natural Resources and Environment shall submit reports on environmental protection nationwide to the Government and the National Assembly.
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Article 135. Contents of an environmental protection report
1. State of and changes to environmental components.
2. Scale, nature and impacts of emission sources.
3. Adherence to regulations of law on environmental protection; inspection results.
4. List of facilities causing serious pollution to the environment and remedial actions.
5. Resources for environmental protection.
6. Evaluation of environmental management and environmental protection activities.
7. Directions and solutions for environmental protection.
Article 136. Environmental protection contents specified in annual socio-economic reports
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Article 137. Responsibility for preparing state of the environment reports
1. The Ministry of Natural Resources and Environment shall prepare a national state of the environment report every 05 years; prepare annual thematic reports on national environment.
2. Each provincial People’s Committee shall prepare a local state of the environment report every 05 years; according local environmental pressing issues, decide to prepare a thematic report on environment.
3. The Minister of Natural Resources and Environment shall provide guidelines for preparing state of the environment reports.
Article 138. Contents of a state of the environment report
1. Overview of nature, economy and society.
2. Environmental impacts.
3. State of and changes to environmental components.
4. Environmental pressing issues and causes thereof.
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6. Implementation of policies, law and environmental protection activities.
7. Prediction of environmental challenges.
8. Directions and solutions for environmental protection.
RESPONSIBILITIES OF REGULATORY BODIES FOR ENVIRONMENTAL PROTECTION
Article 39. Contents of state management of environmental protection
1. Formulating, promulgating and organizing the implementation of legislative documents on environmental protection, promulgating environmental standards and environmental technical regulations.
2. Formulating and directing the implementation of strategies, policies, programs, projects, planning and plans on environmental protection.
3. Organizing, building and managing monitoring systems; carrying out periodic evaluation of state of the environment, predicting environmental changes.
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5. Directing, providing guidance on and organizing biodiversity conservation; waste management; pollution control; environmental improvement and remediation.
6. Issuing, extending and revoking environmental licenses and certificates.
7. Inspection the compliance with the law on environmental protection; inspecting the assumption of responsibility for state management of environmental protection; handing complaints and denunciations about environmental protection; impose penalties for violations against environmental protection.
8. Training human resources in charge of environmental science and management; educating and disseminating knowledge of and law on environmental protection.
9. Organizing research into and application of scientific and technological advances in environmental protection.
10. Directing, providing guidance on, inspecting and evaluating the allocation of state budget for environmental protection.
11. International cooperation in environmental protection.
Article 140. Responsibility of the Government for state management of environmental protection
The Government shall perform uniform state management of environmental protection nationwide.
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The Minister of Natural Resources and Environment shall be responsible to the Government for performing uniform state management of environmental protection and has the responsibility to:
1. Preside over formulating and submit to the Government and the Prime Minister legislative documents, policies, strategies, planning, plans, programs and national projects on environmental protection.
2. Preside over formulating and promulgate standards legislative documents and technical regulations on environment; promulgate documents providing technical guidance within his/her power.
3. Preside over handling or requesting the Government or the Prime Minister to handle inter-agency and inter-provincial environmental issues.
4. Directing, providing guidance and building national environmental monitoring system, environmental information and reporting system; directing and organizing assessment of national and local state of the environment.
5. Directing, providing guidance on and organize the formulation, appraisal and approval of environmental protection planning; appraisal of strategic environmental assessment reports; appraisal and approval of environmental impact assessment reports; certification of environmental protection plans; inspection and certification of completion of environmental protection works.
6. Direct, providing guidance and organize the issuance, extension and revocation of licenses and certificates concerning environmental protection.
7. Direct, provide guidance on and organize biodiversity conservation and biosafety assurance; waste management; pollution control; environmental improvement and remediation.
8. Formulate and organize the implementation of policies, programs and pilot models for sustainable and environmentally friendly production and consumption; provide guidance and certify products and facilities environmentally friendly; direct and provide guidance on environmental health improvement.
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10. [20] Participate in formulating the national comprehensive planning and regional planning; direct and provide guidelines for developing and incorporating environmental protection contents in the special administrative-economic unit planning.
11. Build and organize the implementation of a system of criteria for assessing and monitoring the compliance with the law on environmental protection nationwide; disseminate and provide education about the law on environmental protection.
12. Request the Government to grant approval for the participation in international organizations, signature of or accession to international treaties on environmental protection; preside over international cooperation in environmental protection.
1. Ministers and heads of ministerial agencies shall preside over and cooperate with the Minister of Natural Resources and Environment in formulating and promulgating circulars and joint circulars on environmental protection in the fields under their management.
2. Ministers and heads of ministerial agencies shall carry out the tasks stipulated in this Law and cooperate with the Minister of Natural Resources and Environment in organizing the implementation of the law on environmental protection under their management; submit annual reports to the Government on state management of environmental protection in the fields under their management.
3. Responsibilities of Ministers and heads of ministerial agencies are as follows:
a)[21] The Minister of Planning and Investment shall preside over and cooperate with the Minister of Natural Resources and Environment, other Ministers, heads of ministerial agencies and Presidents of People’s Committees of provinces in satisfying the environmental protection requirements specified in the social-economic development strategies and plans nationwide, national comprehensive planning, regional planning, projects and works that are decided by the National Assembly, the Government, and the Prime Minister, and in attracting investment and organizing the implementation of the law on environmental protection in the fields under their management;
b) The Minister of Agriculture and Rural Development shall preside over and cooperate with the Minister of Natural Resources and Environment, other Ministers, heads of ministerial agencies and Presidents of People’s Committees of provinces in organizing the implementation of the law on environmental protection during production, import, export and use of chemicals, agrochemicals, veterinary drugs, fertilizers and waste in agriculture and other activities in the fields under their management;
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d) The Minister of Construction shall preside over and cooperate with the Minister of Natural Resources and Environment, other Ministers, heads of ministerial agencies and Presidents of People’s Committees of provinces in organizing the implementation of the law on environmental protection in construction of infrastructure serving water supply, water drainage, solid waste and wastewater treatment in urban areas and dedicated areas for production and service provision, building material manufacturing establishments, craft villages, high density rural residential area and other activities in the fields under their management;
dd) The Minister of Transport shall preside over and cooperate with the Minister of Natural Resources and Environment, other Ministers, heads of ministerial agencies and Presidents of People’s Committees of provinces in organizing the implementation of the law on environmental protection in construction of traffic infrastructure, vehicle management and other activities in the fields under their management;
e) The Minister of Health shall preside over and cooperate with the Minister of Natural Resources and Environment, other Ministers, heads of ministerial agencies and Presidents of People’s Committees of provinces in organizing the implementation of the law on environmental protection during healthcare activities, food safety, burial and cremation; organizing the statistical reporting of waste sources, evaluation of pollution degree, treatment of waste from hospitals and health facilities and other activities in the fields under their management;
g) The Minister of Culture, Sports and Tourism shall preside over and cooperate with the Minister of Natural Resources and Environment, other Ministers, heads of ministerial agencies and Presidents of People’s Committees of provinces in organizing the implementation of law on environmental protection during culture, festival, sports and tourism activities and other activities in the fields under their management;
h) The Minister of National Defense shall preside over and cooperate with the Minister of Natural Resources and Environment, other Ministers, heads of ministerial agencies and Presidents of People’s Committees of provinces in organizing the implementation of law on environmental protection in the field of national defense in accordance with the law; mobilize forces to engage in response to environmental emergencies in accordance with the law; direct, provide guidance on and inspect the environmental protection by the armed forces under their management;
i) The Minister of Public Security shall organize and direct the environmental crime fighting and assurance of security in the field of environment; mobilize forces to engage in response to environmental emergencies in accordance with the law; direct, provide guidance on and inspect the environmental protection by the armed forces under their management;
k) Ministers and heads of ministerial agencies shall carry out the tasks stipulated in this Law and cooperate with the Minister of Natural Resources and Environment in organizing the implementation of the law on environmental protection under their management.
1. People’s Committees of provinces shall:
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b) Organize the implementation of law, strategies, programs, plans and tasks concerning environmental protection;
c) Build and manage environmental monitoring systems within their provinces in conformity with comprehensive planning for national environmental monitoring;
d) Organize appraisal and preparation of environmental reports. Communicate, disseminate and provide education about policies and law on environmental protection;
dd)[22] appraise and approve environmental impact assessment reports, endorse completion of environmental protection works, provide guidance on and organize the inspection and certification of environmental protection plans within their power;
e) Issue, extend and revoke environmental licenses and certificates within their power;
g) Inspect and impose penalties for violations against the law on environmental protection; settle complaints, denunciations and propositions about environmental protection in accordance with regulations of the law on complaints and denunciation and relevant regulations of law; cooperate with provincial People’s Committees in handling inter-provincial environmental issues;
h) Be responsible to the Government for serious environmental pollution occurring within their provinces.
2. People’s Committees of districts shall:
a) Promulgate regulations, programs and plans on environmental protection within their power;
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c) Certify and inspect the implementation of environmental protection plans within their power;
d) Annually, assess and prepare reports on environmental protection;
dd) Communicate, disseminate and provide education about policies and law on environmental protection;
e) Carry out inspections and impose penalties for violations against the law on environmental protection; settle complaints, denunciations and propositions in relation to environmental protection in accordance with regulations of the law on complaints and denunciation and relevant regulations of law;
g) Cooperate with the People’s Committees of districts concerned to settle inter-district environmental issues;
h) Direct the state management of environmental protection by People’s committees of communes;
i) Be responsible to People’s Committees of provinces for serious environmental pollution occurring within their districts.
3. People’s Committees of communes shall:
a) Formulate plans and perform tasks concerning environmental protection, maintain environmental hygiene within their communes; mobilize the people to develop and incorporate environmental protection contents in the village regulations; provide guidance on using the environmental protection criteria for evaluation of hamlets, villages and small villages (normally inhabited by mountainous ethnic minorities), neighborhoods and courteous families;
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c) Discover and impose penalties for violations against the law on environmental protection or notify supervisory state management authorities;
d) Mediate in environmental disputes arising locally in accordance with the law on mediation;
dd) Managing activities of hamlets, villages, small villages, neighborhoods and organizations exercising autonomy in environmental hygiene maintenance and environmental protection within their communes;
e) Annually, assess and prepare reports on environmental protection;
g) Preside over and cooperate with local businesses to provide information about environmental protection by businesses to the residential community;
h) Be responsible to People’s Committees of districts for serious environmental pollution occurring within their communes.
Article 144. Responsibilities and entitlements of the Vietnamese Fatherland Front
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2. The Vietnamese Fatherland Front shall offer consultation and criticism about and supervise the implementation of policies and law on environmental protection as prescribed by law. Regulatory bodies at all levels shall enable the Vietnamese Fatherland Front to participate in environmental protection.
1. Socio-political organizations and socio-professional organizations have the responsibility to:
a) comply with the law on environmental protection;
b) engage in environmental protection activities.
2. Socio-political organizations and socio-professional organizations are entitled to:
a) be provided with and request information about environmental protection as prescribed by law;
b) provide counseling on investment projects related to their functions, tasks and entitlements;
c) offer consultation and criticism about environmental protection to regulatory bodies and business owners concerned as prescribed by law;
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dd) request competent authorities to take actions against violations of law on environmental protection.
3. Environmental protection authorities at all levels shall enable socio-political organizations and socio-professional organizations to exercise the entitlements mentioned in Clause 2 of this Article.
Article 146. Entitlements and obligations of residential communities
1. Representatives of residential communities in areas under environmental impacts made by businesses are entitled to request business owners to provide information about environmental protection through face-to-face meetings or in writing; shall conduct fact-finding visits to collect information about environmental protection by businesses; collect and provide information to competent authorities and take responsibility for the information provided.
2. Representatives of residential communities in areas under environmental impacts made by businesses are entitled to request relevant regulatory bodies to provide results of inspection and handling of such businesses.
3. Representatives of residential communities are entitled to participate in assessing results of environmental protection by businesses; take measures to protect rights and interests of residential communities as prescribed by law.
4. Business owners shall comply with requests from representatives of residential communities in accordance with this Article.
RESOURCES FOR ENVIRONMENTAL PROTECTION
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1. Expenditures on environmental protection include those on:
a) Formulation of strategies, planning, plans, technical processes, technical guidance, economic and technical norms, environmental technical regulations, programs and projects on environmental protection;
b) Appraisal of environmental protection planning and strategic environmental assessment reports;
c) Environmental monitoring; establishment of environmental information and reporting systems;
d) Assistance in inspections; environmental pollution control and remediation, environmental emergency prevention and response; waste management and biodiversity conservation; environmental protection training and communication; dissemination and assessment of the implementation of the law on environmental protection; international cooperation in environmental protection;
dd) Other activities related to environmental protection management.
2. Development investment expenditures on environmental protection include those on execution of projects on construction and renovation of waste treatment works, construction and equipment of environmental monitoring and analysis stations under the state management; investment in vehicles and equipment serving prevention, response to and remediation of environmental pollution, degradation and emergencies; adaptation to climate change; biodiversity conservation; improvement in polluted water sources, planting and caring of trees in public places and public utility areas.
3. The making of estimates and management and use of state budget for environmental protection shall comply with regulations of law on state budget.
Article 148. Environmental protection fees
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2. Environmental protection fees shall be determined according to:
a) Amount of waste discharged into the environment and scale of adverse impacts on the environment;
b) Toxicity of waste and levels of hazard to the environment;
c) Waste receiving environment’s carrying capacity.
3. Environmental protection fees are adjusted in accordance with the environmental protection requirements and national socio-economic conditions in each period.
4. Revenues from environmental protection fees shall be used for environmental protection.
Article 149. Environmental protection funds
1. Environment protection fund is a state financial agency established at the central level, at departments, in provinces and central-affiliated cities to support environmental protection activities.
The State encourages enterprises, organizations and individuals to establish their own environmental protection funds.
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a) State budget;
b) Environmental protection fees;
c) Compensations for environmental damage paid to the State;
d) Assistance, contributions and trusted investments from domestic and foreign organizations and individuals.
3. The power to establish an environment protection fund:
a) The Prime Minister shall decide on the establishment, organizational structure and operation of the national environment protection fund and environment protection funds of Ministries, ministerial agencies, state-owned economic groups and corporations;
b) A provincial People’s Committee shall decide on the establishment, organizational structure and operation of its environment protection fund;
c) An organization, enterprise or individual shall establish its/his/her own environment protection fund and operate according to the fund's charter.
Article 150. Development of environmental services
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a) Collection, transport, recycling and treatment of waste;
b) Environmental monitoring and analysis, environmental impact assessment;
c) Development and transfer of environmentally friendly production technologies and environmental technologies;
d) Environmental consulting and training, provision of environmental information;
dd) Environmental assessment for goods, machinery, equipment and technologies;
e) Environmental damage assessment; environmental health assessment;
g) Other services.
2. The Minister of Natural Resources and Environment shall preside over and cooperate with other Ministers and heads of ministerial agencies in providing guidelines for implementing Clause 1 of this Article.
Article 151. Incentives and assistance for environmental protection
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a) Construction of domestic wastewater treatment systems;
b) Constructing of facilities in charge of recycling and treating normal solid waste and hazardous waste, and waste landfill sites;
c) Construction of environmental monitoring stations;
d) Construction of environmental industrial facilities and environmental protection works in public interests;
dd) Production of and trading in environmentally-friendly products;
e) Changing operations of industrial parks, industrial clusters and facilities causing serious environmental pollution.
2. The Government shall elaborate this Article.
Article 152. Development and application of science and technologies to environmental protection
1. Organizations and individuals involved in research into, transfer, development and application of science and technologies to environmental protection shall be entitled to incentives and assistance.
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a) Research into, transfer, development and application of waste recycling and reusing technologies;
b) Research into, transfer, development and application of environmentally-friendly technologies and technologies serving extraction and efficient use of natural resources, energy saving, nature and biodiversity conservation;
c) Research into, transfer, development and application of technologies for waste treatment and pollution prevention and control; environmental quality improvement and remediation;
d) Research into, transfer, development and application of technologies for pollution control, environmental monitoring and environmental quality assessment and environmental change forecasting and early warning technologies;
dd) Research into and formulation of solutions for response to climate change;
e) Research into and application of solutions for improving environmental health and reducing adverse impacts on human.
Article 153. Environmental industry development
The State shall invest in and provide assistance to individuals and organizations being involved in the development of environmental industry; in the construction and upgrading of technical infrastructure for waste treatment and recycling; in the establishment and development of centralized waste treatment and recycling facilities; in the production and supply of equipment and products in service of environmental protection.
Article 154. Communicating and disseminating the law on environmental protection
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2. Agencies, organizations and individuals shall be commended for their outstanding achievements in environmental protection in accordance with the law on emulation and commendation.
3. The Ministry of Natural Resources and Environment shall preside over and cooperate with communication agencies and press agencies in communicating and disseminating the law on environmental protection.
4. Ministries and ministerial agencies shall preside over and cooperate with the Ministry of Natural Resources and Environment, communication agencies and press agencies in communicating and disseminating the law on environmental protection in the fields under their management.
Article 155. Environmental education and training of human resources for environmental protection
1. General education curriculum shall convey environmental contents.
2. The State shall give priority to training human resource for environmental protection; encourage every organization and individual to participate in education about environment and training of human resources for environmental protection.
3. The Minister of Education and Training shall preside over and cooperate with Minister of Natural Resources and Environment to elaborate environmental education programs and training of human resources for environmental protection.
INTERNATIONAL COOPERATION IN ENVIRONMENTAL PROTECTION
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Priority shall be given to signing and acceding to any international treaty which is beneficial to global, regional and national environmental protection and is suitable for the interests and capacity of the Socialist Republic of Vietnam.
Article 157. Environmental protection during international economic integration
1. The State shall encourage bodies, organizations and individuals to proactively meet environmental requirements in order to enhance competitiveness of goods and services in regional and international markets.
2. Agencies, organizations and individuals participating in international economic integration shall prevent and reduce adverse impacts on domestic markets.
Article 158. Expanding international cooperation in environmental protection
1. The State shall encourage organizations and individuals to cooperate with foreign organizations, individuals and overseas Vietnamese in order to enhance capacity and efficiency in environmental protection in the country; enhance position and role of the Socialist Republic of Vietnam in environmental protection in the region and in the world.
2. The State shall enable foreign organizations, individuals and overseas Vietnamese to invest in and support training of human resource, scientific research, technology transfer, nature conservation and other activities in environmental protection; develop and appropriately and efficiently use resources for international cooperation in environmental protection.
3. The State shall boost cooperation with neighboring countries and regions to handle relevant issues concerning management and extraction of natural resources and environmental protection.
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Article 159. Responsibility for organizing and directing the inspection of environmental protection
1. The Minister of Natural Resources and Environment shall organize and direct the inspection of environmental protection in accordance with the law nationwide.
2. The Minister of National Defense and the Minister of Public Security shall organize and direct the inspection of environmental protection by businesses, projects and works classified as state secrets in the field of national defense and security.
3. Presidents of People’s Committees at all levels shall organize and direct the inspection of environmental protection in accordance with the law locally.
Article 160. Imposition of penalties for violations
1. Any entity violating the law on environmental protection resulting in environmental pollution or degradation or environmental emergency or damage to the State shall remediate the pollution and environment, provide compensation for damage and incur penalties in accordance with regulations of this Law and other relevant regulations of law.
2. Any head of an agency, cadre, public official, public employee or personnel in charge of environmental protection that abuses his/her position and powers to harass organizations and individuals or to screen violators of the law on environmental protection or that causes environmental pollution or emergency as a result of his/her negligence shall incur disciplinary penalties, administrative penalties or criminal prosecution on a case-by-case basis and provide compensation compensate for damage he/she causes.
Article 161. Environmental disputes
1. Environmental disputes include:
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b) Disputes over causes of environmental pollution, environmental degradation and environmental emergencies;
c) Disputes over responsibilities for environmental remediation and compensation for environmental damage.
2. Parties in dispute over environment:
a) Users of environmental components in dispute;
b) Organizations and individuals that exploit and use environmental components and organizations and individuals that are responsible for improving and remediating the environment in polluted and degraded areas and providing compensation for environmental damage.
3. Environmental disputes shall be settled in accordance with regulations on tort and relevant regulations of law.
4. An environmental dispute that takes place within the territory of the Socialist Republic of Vietnam in which either or both of the parties are foreign organization(s) or individual(s) shall be settled in accordance with the law of the Socialist Republic of Vietnam unless otherwise prescribed by the international treaty to which the Socialist Republic of Vietnam is a signatory.
Article 162. Environmental complaints, denunciations and lawsuits
1. Organizations and individuals are entitled to file complaints about and lawsuits over violations against the law on environmental protection in accordance with law.
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3. The time limit for filing an environmental lawsuit begins from the time when the organization or individual suffering the damage finds the damage caused by the breach of the law on environmental protection committed by another organizations or individual.
COMPENSATION FOR ENVIRONMENTAL DAMAGE
Article 163. Damage caused by environmental pollution and degradation
Damage caused by environmental pollution and degradation includes:
1. Impairment of environmental functions and usefulness;
2. Loss of lives and damage to entities’ health, property and legitimate interests as a result of impairment of environmental functions and usefulness;
1. Environmental pollution and its consequences shall be studied, investigated and concluded by a competent authority in a timely manner.
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3. Rules for delegating responsibilities are as follows:
a) The head of an organization shall take responsibility for any breach of the law on environmental protection in relation to operations of his/her organization.
b) Any entity causing environmental pollution or degradation shall take responsibility for taking remedial actions and compensating for the damage caused;
c) In the cases where any individual that causes environmental pollution or degradation during the performance of the tasks assigned by his/her organization, the organization shall take responsibility for compensating for the damage caused according to the law.
Article 165. Assessment of damage caused by environmental pollution and degradation
1. Degrees of impairment of environmental functions and usefulness:
a) Mild impairment;
b) Serious impairment;
c) Particularly serious impairment.
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a) Area of the region and core zone suffering from serious and particularly serious impairment;
b) Area of the buffer zone directly suffering from impairment;
c) Area of other zones under the impact of the core zone and buffer zone.
3. The determination of environmental components suffering from impairment shall cover:
a) Number of environmental components suffering from impairment, types of ecosystems and species suffering the damage;
b) Degree of damage to each environmental component, ecosystem and species.
4. Calculation of costs of environmental damage is based on:
a) Costs of short-term and long-term damage caused by the impairment of the environmental function or usefulness;
b) Costs of environmental improvement and remediation;
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d) Opinions of relevant entities;
dd) Depending on specific condition, Points a, b, c or d of this Clause may be applied to calculate costs of environmental damage and serve as the basis for claiming compensation and settling compensation claims.
5. The assessment of damage caused by the impairment of the environmental functions or usefulness shall be carried out independently or in cooperation between the damaging party and the damaged party.
If either or both of the parties make a request, the specialized environmental protection authority shall provide guidelines for damage assessment or witness the damage assessment.
6. The assessment of fatality and damage to entities’ health, property and legitimate interests caused by environmental pollution and degradation shall be carried out in accordance with regulations of law.
7. The Government shall elaborate this Article.
Article 166. Verification of damage caused by impairment of environmental functions or usefulness
1. The verification of damage caused by impairment of environmental functions or usefulness shall be conducted at the request of the damaged entity or compensation body.
2. Bases for damage verification include an application for damage compensation, information, data, evidence and others in relation to the compensation and the damaging party.
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Article 167. Liability insurance against environmental damage
1. The State shall encourage insurers to provide liability insurance against environmental damage.
2. The State shall encourage organizations and individuals involved in production, business operation and service provision to purchase liability insurance against environmental damage.
3. Organizations and individuals involved in production, business operation and service provision at risk of causing significant damage to the environment must purchase liability insurance against environmental damage in accordance with the Government’s regulations.
Article 168. Grandfather clauses
1. Documents received by competent regulatory bodies to be processed according to administrative procedures concerning the environment before the effective date of this Law shall be processed in accordance with the law at the time of receipt.
2. Every environmental license or certificate issued under the Law on Environmental Protection No. 52/2005/QH11 shall remain valid until its expiry date.
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This Law comes into force from January 01, 2015.
The Law on Environmental Protection No. 52/2005/QH11 shall cease to have effect from the effective date of this Law.
The Government shall elaborate the Articles and Clauses enshrined in this Law./.
CERTIFIED BY
THE CHAIRMAN
Nguyen Hanh Phuc
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[1] The Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws is promulgated pursuant to:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on amendments to some Articles concerning planning of the Law on Road Traffic No. 23/2008/QH12, Vietnam Maritime Code No. 95/2015/QH13, Law on Railway Transport No. 06/2017/QH14, Law on Inland Waterway Transport No. 23/2004/QH11 whose Articles are amended by the Law No. 48/2014/QH13 and Law No. 97/2015/QH13, Law on Water Resources No. 17/2012/QH13 whose Articles are amended by the Law No. 08/2017/QH14, Law on Land No. 45/2013/QH13, Law on Environmental Protection No. 55/2014/QH13, Law on Minerals No. 60/2010/QH12, Law on Hydrometeorology No. 90/2015/QH13, Law on Biodiversity No. 20/2008/QH12, Law on Natural Resources and Environment Of Sea and Islands No. 82/2015/QH13, Law on Measurement No. 04/2011/QH13, Law on Technical Standards and Regulations No. 68/2006/QH11, Law on Quality of Products and Goods No. 05/2007/QH12, Law on Cyberinformation Security No. 86/2015/QH13, Law on Publishing No. 19/2012/QH13, Press Law No. 103/2016/QH13, Law on National Defense and Security Education No. 30/2013/QH13, Law on Management and Utilization of State Capital Invested in the Enterprises’ Manufacturing and Business Operations No. 69/2014/QH13, Law on Thrift Practice and Waste Combat No. 44/2013/QH13 whose Articles are amended by the Law No. 21/2017/QH14, Law on Securities No. 70/2006/QH11 whose Articles are amended by the Law No. 62/2010/QH12, Law on Cinematography No. 62/2006/QH11 whose Articles are amended by the Law No. 31/2009/QH12, Law on Advertising No. 16/2012/QH13, Law on Construction No. 50/2014/QH13 whose Articles are amended by the Law No. 03/2016/QH14, Law on Urban Planning No. 30/2009/QH12 whose Articles are amended by the Law No. 77/2015/QH13, Law on Petroleum 1993 whose Articles are amended by the Law No. 19/2000/QH10 and the Law No. 10/2008/QH12, Labor Code No. 10/2012/QH13 whose Articles are amended by the Law No. 92/2015/QH13, Law on Social Insurance No. 58/2014/QH13, Law on Health Insurance No. 25/2008/QH12 whose Articles are amended by the Law No. 32/2013/QH13, Law No. 46/2014/QH13 and Law No. 97/2015/QH13, Law on Prevention and Control of Infectious Diseases No. 03/2007/QH12, Law on Judicial Expertise No. 13/2012/QH13 and Law on Protection of Consumers’ Rights No. 59/2010/QH12.”.
The Law on Public Investment No. 39/2019/QH14 is promulgated pursuant to:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on Public Investment.”.
The Law on Investment No. 61/2020/QH14 is promulgated pursuant to:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on Investment.”.
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[3] This Article is amended by Clause 2 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[4] This Article is amended by Clause 3 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[5] This Article is repealed by Clause 16 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[6] This Article is repealed by Clause 16 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[7] This Article is repealed by Clause 16 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[8] This Clause is amended by Clause 4 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[9] This Point is amended by Clause 5 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[10] This Point is amended for the first time by Article 99 of the Law on Public Investment No. 39/2019/QH14, which has been effective since January 01, 2020.
This Point is amended for the second time by Point a Clause 3 Article 75 of the Law on Investment No. 61/2020/QH14, which has been effective since September 01, 2020.
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[12] This Article is amended by Clause 6 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[13] This Clause is amended by Clause 7 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[14] This Clause is repealed by Clause 16 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[15] This Clause is amended by Clause 8 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[16] This Clause is amended by Clause 9 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[17] This Article is amended by Clause 10 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[18] This Article is amended by Clause 11 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[19] This Article is amended by Clause 12 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[20] This Clause is amended by Clause 13 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
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[22] This Point is amended by Clause 15 Article 7 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.
[23] Article 31 the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019, stipulates that:
“Article 31. Effect
This Law comes into force from January 01, 2019.”.
Articles 100 and 101 of the Law on Public Investment No. 39/2019/QH14, which has been effective since January 01, 2020, stipulate that:
“Article 100. Effect
1. This Law comes into force from January 01, 2020.
2. The Law on Public Investment No. 49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 shall be repealed from the date of entry into force of this Law, except as provided in Clause 3 and Clause 5 of Article 101 herein.
Article 101. Transitional provisions
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2. If public investment programs and projects already obtaining investment policy decisions and investment decisions under the Law on Public Investment No. 49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 have not yet mentioned in public investment plans subject to the competent authority's decisions, modification of investment policy decisions and investment decisions for these programs and projects shall be subject to regulations enshrined herein.
3. If public investment programs and projects have already undergone procedures for design and evaluation prior to the entry into force of this Law, they must proceed with procedures for recommending them to seek the competent authority's decisions under the Law on Public Investment No. 49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 and other instruments providing details and instructions about implementation thereof.
4. Capital defined in public investment plans shall be allocated to repay debts only if such debts accrue from capital construction activities prior to January 01, 2015.
5. Ministries, central and local regulatory authorities shall be entitled to carry out and disburse funds for public investment plans of 2019 and 2020 in accordance with the Law on Public Investment No. 49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 and other instruments providing details and instructions about implementation thereof.”.
Articles 76 and 77 of the Law on Public Investment No. 39/2019/QH14, which comes into force from January 01, 2021, stipulate that:
“Article 76. Implementation clause
1. This Law comes into force from January 01, 2021, except for the regulations in Clause 2 of this Article.”.
2. The regulations set out in Clause 3 Article 75 of this Law come into force from September 01, 2020.”.
3. The Law on Investment No. 67/2014/QH14 amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14 shall cease to have effect from the effective date of this Law, except for Article 75 of the Law on Investment No. 67/2014/QH14.
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5. Any legislative document that refers to regulations on project approval decisions or investment guideline decisions in accordance with the Law on Investment shall be implemented in accordance with the regulations on investment guideline approval of this Law.
Article 77. Grandfather clauses
1. Investors that were issued with investment licenses, investment incentive certificates, investment certificates or investment registration certificates before the effective date of this Law shall execute their investment projects in accordance with such investment licenses, investment incentive certificates, investment certificates or investment registration certificates.
2. Investors are not required to follow procedures for approval for investment guidelines in accordance with this Law with respect to the investment projects in one of the following cases:
a) The investors obtained investment guideline decisions, investment guideline approval or investment approval in accordance with regulations of laws on investment, housing, urban areas and construction before the effective date of this Law;
b) The investors have started execution of projects that are not subject to approval for their investment guidelines, investment guideline decision or investment guideline or issuance of the investment registration certificate in accordance with regulations of laws on investment, housing, urban areas and construction before the effective date of this Law;
c) Investors won the bidding for investor selection or the land use right auction before the effective date of this Law;
d) Projects have been granted investment incentive certificates, investment licenses, investment certificates or investment registration certificates before the effective date of this Law.
3. If an investment project specified in Clause 2 of this Article is adjusted and the adjustments are subject to approval for investment guidelines in accordance with this Law, the procedures mentioned in this Law must be followed to obtain approval for investment guidelines or adjust investment guidelines.
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5. Any debt collection service contract concluded before the effective date of this Law shall cease to have effect from the effective date of this Law; and the parties to such contract may carry out activities to liquidate the contract in accordance with the civil law and other relevant regulations of law.
6. Foreign-invested business entities to which market access conditions more favorable than those prescribed in the List promulgated under Article 9 of this Law are applied may continue to apply the conditions set out in their issued investment registration certificate.
7. The regulation in Clause 3 Article 44 of this Law applies to both investment projects to which land was allocated before the effective date of this Law and projects to which land has not yet been allocated.
8. In the event that the law stipulates that documentation serving administrative procedures must consist of an investment registration certificate or written approval for investment guidelines but the investment project is not subject to issuance of an investment registration certificate or written approval for investment guidelines as prescribed in this Law, the investor is not required to submit an investment registration certificate or written approval for investment guidelines.
9. With respect to areas which have difficulties in providing land for development of residential housing, service facilities and public utilities for employees working in industrial parks, the competent authority may adjust the planning for construction of industrial zones (for industrial parks established before July 01, 2014) to reserve part of the land area for development of residential housing, service facilities and public utilities for employees working in the industrial parks.
After adjustment of the planning, the land area for development of residential housing, service facilities and public utilities for employees working in an industrial park must be outside the geographical boundary of the industrial park and must ensure an environmental safety distance in accordance with the law on construction and other relevant regulations of law.
10. Grandfather clauses on outward investment activities:
a) Regulations on the duration of outward investment projects set out in outward investment licenses and outward investment certificates issued before July 01, 2015 shall cease to have effect;
b) Any investor issued with an outward investment license or certificate or outward investment registration certificate to make outward investment in a conditional business line subject to conditional outward investment in accordance with this Law may continue to make investment according to the issued outward investment license or certificate or outward investment registration certificate.
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12. The Government shall elaborate this Article.”.