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LAW
ON
PROTECTION OF THE ENVIRONMENT
Pursuant to
the 1992 Constitution of the Socialist Republic of Vietnam as amended by
Resolution 51-2001-QH10 passed by Legislature X of the National Assembly at its
10th Session on 25 December 2001;
This Law
regulates protection of the environment.
CHAPTER I
General Provisions
Article
1
Governing scope
This Law
regulates environmental protection activities; policies, measures and resources
for protection
of the environment; and the rights and obligations of organizations, family
households and
individuals with respect to protection of the environment.
Article
2
Applicable entities
This Law
applies to Vietnamese State bodies, organizations, family households and
individuals; and to
Vietnamese residing overseas and foreign organizations and individuals with
operations in the
territory of the Socialist Republic of Vietnam.
Where an
international treaty of which the Socialist Republic of Vietnam is a member
contains provisions
which are different from the provisions in this Law, the provisions of such
international treaty shall prevail.
Article
3
Interpretation of terms
In this Law,
the following terms shall be construed as follows:
1.
Environment
comprises
the natural elements and man-made factors surrounding humans and
affecting the life, development and existence of humans and living creatures and affecting
manufacturing activities.
2.
Environmental element
means any
element forming the environment, such as land, water, air,
sound, light, living creatures, ecosystems and other matter.
3.
Environmental protection activities
mean
activities which are carried out in order to keep the
environment pure and clean, to restrict adverse impact on the environment and to deal with
environmental incidents; to overcome environmental pollution and degradation and to
recover and improve the environment; to exploit and use natural resources properly and
economically, and to protect biological diversity.
4.
Sustainable development
means
development which satisfies the needs of the present generation
without prejudicing the ability to satisfy the needs of future generations on
the basis of
tight and harmonious co-ordination between economic growth, guarantee of social
progress, and protection of the environment.
5.
Environmental standard
means the
permissible limit of a quality parameter of the surrounding
environment and of the content of pollutants in wastes as stipulated by the competent
State body as the basis for management and protection of the environment.
6.
Environmental pollution
means any
change in environmental elements which does not conform to
environmental standards and has an adverse effect on humans and living creatures.
7.
Environmental degradation
means any
reduction of the quality and quantity of an
environmental element which has an adverse effect on humans and living
creatures.
8.
Environmental incident
means any
catastrophic event or risk which occurs in the course of human
activities, or any sudden natural occurrence which causes serious
environmental pollution, degradation or change.
9.
Pollutant
means any
substance or physical element which causes environmental pollution when it
appears in the environment.
10.
Waste
means any
matter in a solid, liquid or gaseous state which is discharged from
manufacturing, business, services or living activities or from other activities.
11.
Hazardous waste
means waste
with toxic, radioactive, inflammable, explosive, infectious, poisonous
and other hazardous characteristics.
12.
Management of waste
means
activities to classify, collect, transport, minimize, re-use, recycle,
process, destroy and dispose of waste.
13.
Waste materials
means
products or materials which arise as a result of manufacturing processes or
consumption and which are recovered to use as raw materials for
manufacturing.
14.
Burden bearing capacity of the environment
means the
permissible limit within which the environment
may receive and absorb pollutants.
15.
Ecosystem
means a
group of life forms which co-exist and develop in a specific natural environment
and which have an impact on each other.
16.
Biological diversity
means the
rich diversity of genes, species of living creatures, and ecosystems.
17.
Environmental monitoring
means the
process of systematic observation of the environment
and of elements affecting the environment in order to provide information to assess the
current status of the environment, changes in its quality, and adverse impact on the
environment.
18.
Information about the environment
comprises
data and figures about environmental elements,
about reserves and the ecological and economic value of natural resources, about impact
on the environment, about waste and levels of environmental pollution and degradation,
and other information on environmental issues.
19.
Strategic environmental assessment
means the
analysis of and forecast about the
environmental impact of a strategic project, master plan or plan for development
prior to approval of
such project or plan in order to ensure sustainable development.
20.
Environmental impact assessment
means the
analysis of and forecast about the
environmental impact of a specific investment project in order to propose
measures to protect the
environment upon commencement of such project.
21.
Greenhouse gas
means any
type of gas impacting on the thermal exchange between the earth and
surrounding space resulting in the temperature of the earth around the surface of the earth
becoming warmer.
22.
Quota for greenhouse gas emissions
means the
volume of greenhouse gas which each country is
permitted to emit into the atmosphere in accordance with relevant international treaties.
Article
4
Principles for environmental protection
1.
Environmental protection must co-ordinate harmoniously with economic development
and ensure
social progress in order to achieve national sustainable development. Protection of the
national environment must be associated with protection of the regional and
global environment.
2.
Environmental protection is a cause of the whole of society and is the right and
responsibility of State bodies, organizations, family households and
individuals.
3.
Environmental protection activities must be conducted regularly, with prevention
being the main
purpose, in combination with overcoming environmental pollution or degradation and
improving the quality of the environment.
4.
Environmental protection must conform with the law, with natural, cultural and
historical
characteristics and with the level of socio-economic development of the country
from time to time.
5. Any
organization, family household or individual causing environmental pollution or degradation
shall be obliged to remedy it and to compensate for loss and damage, and shall bear
other liabilities in accordance with law.
Article
5
State
policies on protection of the environment
1.
Encouraging and facilitating all organizations, communities, family households
and individuals
to participate in environmental protection activities.
2. Promoting
dissemination of information, education, activation and co-ordination in the application
of administrative, economic and other measures to build awareness and discipline
in environmental protection activities.
3. Using
natural resources rationally and economically, developing clean and renewable energy; and
promoting the recycling, reuse and minimization of waste.
4. Giving
priority to the resolution of urgent environmental problems; concentrating on dealing with
establishments which cause serious environmental pollution; recovering the environment
in polluted and degraded areas; and attaching special importance to protection
of the environment in urban and residential areas.
5. Investing
in protection of the environment as investment for development; diversifying capital
investment sources for protection of the environment and allocating a separate budget from
the annual State Budget for the work of environmental protection.
6. Granting
land and tax incentives and providing financial support to environmental protection
activities and environmentally-friendly products; combining harmoniously the protection
of the environment with efficient utilization of environmental elements for development.
7. Improving
training of human resources and encouraging research, application and transfer of
scientific and technological achievements in protection of the environment; forming and
developing an environmental industry.
8. Expanding
and improving the efficiency of international co-operation; performing fully
international undertakings to protect the environment; encouraging organizations
and individuals
to participate in international co-operative ventures to protect the
environment.
9.
Developing infrastructure facilities for protection of the environment;
improving the national
capacity to protect the environment in a professional and modern manner.
Article
6
Encouraged environmental protection activities
1.
Disseminating information, educating and activating all people to participate in
protection of the
environment; preserving environmental hygiene and protecting the natural landscape
and biological diversity.
2.
Protecting natural resources and using them rationally and economically.
3.
Minimizing, collecting, recycling and reusing waste.
4.
Developing and using clean or renewable energy; minimizing waste gas which
causes a greenhouse
effect or destroys the ozone layer.
5.
Registering establishments satisfying environmental standards and environmentallyfriendly products.
6. Carrying
out scientific research, transferring and applying technology for treating and recycling
waste and environmentally-friendly technology.
7. Investing
in construction of establishments to manufacture equipment and apparatus to protect the
environment, to produce and trade in environmentally-friendly products; and to provide
environmental protection services.
8. Carrying
out conservation and development of indigenous gene pools; cross-breeding and
importing gene sources with economic value and profit for the environment.
9. Forming
environmentally-friendly villages and hamlets in rural and mountainous areas and
environmentally-friendly manufacturing, business and services establishments.
10.
Developing forms of self-management and organizing activities and services to
preserve
environmental hygiene within communities.
11. Forming
a lifestyle and habits of maintenance of environmental hygiene, and abolishing obsolete
customs which harm the environment.
12.
Contributing knowledge, effort and finance to environmental protection
activities
Article
7
Prohibited practices
1.
Destroying or carrying out any unauthorized exploitation of forests or other
natural resources.
2.
Exploiting and catching natural living creatures by destructive means, apparatus
or methods or
not in the season and quantity stipulated by law.
3.
Exploiting, trading, consuming and using rare and precious wild plants and
animals on the
prohibited lists issued by the competent State body.
4. Failing
to bury toxic substances, radioactive substances, waste and other hazardous substances
in stipulated places and in accordance with technical procedures for protection
of the environment.
5.
Discharging waste which has not been treated to environmental standards;
discharging toxic,
radioactive and other hazardous substances into land or water sources.
6. Emitting
smoke, dust or gases with toxic substances or fumes into the atmosphere; discharging
radiation, radioactivity and ionized substances in excess of the permissible
environmental standards.
7. Causing
noise and vibration in excess of the permissible standards.
8. Importing
machinery, equipment and facilities which do not satisfy environmental standards.
9. Importing
and transiting waste in any form.
10.
Importing and transiting animals and plants which have not been quarantined and
microorganisms which are
not on the permitted list.
11.
Producing and trading products which have a harmful effect on human health,
living creatures
and ecosystems; producing and using raw materials and building materials containing
toxic elements in excess of the permissible standards.
12. Causing
damage to or prejudicing natural heritage sites and nature conservation zones.
13. Causing
damage to or prejudicing works, equipment and facilities used for environmental protection
activities.
14. Carrying
out unauthorized activities or living in zones which have been restricted
pursuant to decision
of a competent State body due to the extreme environmental danger to human life
and health in such zones.
15.
Concealing acts of destroying the environment, obstructing environmental
protection activities,
or distorting information resulting in adverse consequences to the environment.
16. Other
prohibited practices regarding protection of the environment as stipulated by
law.
CHAPTER II
Environmental Standards
Article
8
Principles for formulation and application of environmental standards
1. The
formulation and application of environmental standards must comply with the following
principles:
(a)
Satisfying the objectives of environmental protection and prevention of
environmental pollution, degradation and incidents;
(b)
Promulgation in a timely manner; feasibility and suitability for the level of socioeconomic development
and for the technological level of the country; satisfying the requirements
of international economic integration;
(c)
Suitability for the characteristics of regions and industries and for the types
and technologies
of manufacturing, business and services activities.
2.
Organizations and individuals must comply with the compulsorily applicable
environmental standards proclaimed by the State.
Article
9
Contents of national environmental standards
1. Grade of
standards.
2.
Environmental parameters and restricted values.
3. Objects
of the application of standards.
4.
Procedures for and methods of instructing application of standards.
5.
Conditions required upon application of standards.
6. Methods
of measurement, taking samples and analysis.
Article
10
System of national environmental standards
1. The
system of national environmental standards consists of quality standards of the surrounding
environment and standards on wastes.
2. The
quality standards of the surrounding environment shall comprise:
(a) Group of
environmental standards with respect to soil for agricultural production, forestry,
aquaculture and other purposes;
(b) Group of
environmental standards with respect to surface water and underground water
serving the supply of drinking water, industrial water, water for aquaculture, water for
agricultural irrigation and other purposes;
(c) Group of
environmental standards with respect to coastal seawater used for purposes of
aquaculture, in entertainment and recreation areas, and for other purposes;
(d) Group of
environmental standards with respect to air in urban areas and rural residential
areas;
(dd) Group
of environmental standards on noise, light and radiation in residential areas and in
public places.
3. The
standards on wastes shall comprise:
(a) Group of
standards on waste water from industrial and services activities, on waste water from
animal husbandry and aquaculture, and on waste water from daily living and other
activities;
(b) Group of
standards on industrial gas emissions and gases from equipment used for the disposal
or incineration of waste from daily, industrial or medical care activities and for the
disposal of waste in other forms;
(c) Group of
standards on gas emissions applicable to means of transportation, machinery
and special equipment;
(d) Group of
standards on hazardous wastes;
(dd) Group
of standards on noise and vibration applicable to means of transportation; to
manufacturing, business and services establishments; and to construction activities.
Article
11
Requirements with respect to quality standards of surrounding environment
1. Quality
standards of the surrounding environment shall specify the permissible
restricted values of
environmental parameters consistent with the use purposes of environmental elements,
including:
(a) Minimum
values of environmental parameters in order to ensure normal life for and growth of
humans and living creatures;
(b)
Permissible maximum values of harmful environmental parameters in order not to cause an
adverse effect on the normal life and growth of humans and living creatures.
2.
Environmental parameters stipulated in the quality standards of the environment
shall provide
specific instructions on benchmark methods for measurement, taking samples and analysis
in order to determine such parameters.
Article
12
Requirements with respect to standards on waste
1. The
standards on wastes must specify the maximum values of pollution parameters of wastes in
order to ensure that no harm is caused to humans and living creatures.
2. Pollution
parameters of wastes shall be determined on the basis of the toxicity and volume of
the waste produced and the burden bearing capacity of the environment receiving
such wastes.
3. Pollution
parameters stipulated in the standards on wastes shall provide specific instructions
on benchmark methods for measurement, taking samples and analysis in order to
determine such parameters.
Article
13
Issuance and proclamation of application of national environmental standards
1. The
Government shall provide regulations on the authority, order and procedures for formulation,
issuance and recognition of national environmental standards in accordance with the law
on standardization.
2. The
Ministry of Natural Resources and Environment shall publish and stipulate a roadmap for
application and the regional, area and industry co-efficients for application of the national
environmental standards consistent with the burden bearing capacity of the environment.
3. National
environmental standards shall be adjusted every five years; where necessary, adjustment
of standards which are no longer appropriate and addition of new standards may be
conducted within a shorter period than once every five years.
4. The
national environmental standards shall be published widely for implementation by
organizations and individuals.
CHAPTER III
Strategic Environmental
Assessment, Environmental Impact Assessment and Environmental
Protection Undertakings
SECTION 1
Strategic Environmental Assessment
Article
14
Objects for which strategic environmental assessment reports must be formulated
1.
Strategies, master plans or plans for national socio-economic development.
2.
Strategies, master plans or plans for nationwide development of industries and
sectors.
3.
Strategies, master plans or plans for socio-economic development of provinces
and cities under
central authority (hereinafter referred to as
provincial level)
or of regions.
4. Zoning
for land use, forest protection and development; and for exploitation and
utilization of other
natural resources on an inter-provincial or inter-industry basis.
5. Planning
for development of key economic zones.
6. General
planning for inter-provincial river catchment areas.
Article
15
Formulation of strategic environmental assessment reports
1. The body
which is assigned the duty to formulate a project stipulated in article 14 of
this Law shall be
responsible for formulating a strategic environmental assessment report.
2. The
strategic environmental assessment report shall be an item of the project and
must be
formulated at the same time as formulation of the project.
Article
16
Contents of strategic environmental assessment reports
1. Overview
of the objectives, scale and characteristics of the project as it relates to the environment.
2. General
description of the natural, socio-economic and environmental conditions relevant to the
project.
3. Forecast
of any potential adverse environmental impact likely to occur upon
implementation of the project.
4. Reference
to sources of figures and data and to methods of assessment.
5. Proposal
on guidelines and an overall solution to resolve environmental issues during
implementation of the project.
Article
17
Appraisal of strategic environmental assessment reports
1. Strategic
environmental assessment reports shall be appraised by a council which is organized in
accordance with the provisions of clause 7 of this article.
2. The
composition of an appraisal council for national and inter-provincial projects
shall comprise a
representative of the body approving the project; representatives of ministries, ministerial
equivalent bodies, Government bodies and the provincial people's committee related to
the project; experts with professional experience and qualifications suitable to the content
and nature of the project; and representatives of other organizations and individuals
as decided by the body authorized to establish the appraisal council.
3. The
composition of an appraisal council for projects of a province or city under
central authority
shall comprise representatives of the provincial people's committee;
representatives of the professional body for environmental protection and
relevant departments
and branches at the provincial level; experts with professional experience and
qualifications suitable to the content and nature of the project; and
representatives of other
organizations and individuals as decided by the body authorized to establish the appraisal
council.
4. More than
fifty (50) per cent of the members of an appraisal council stipulated in clauses 2 and 3 of
this article must have professional knowledge of the environment and of other sectors
related to the contents of the project. Persons directly involved in formulation
of the
strategic environmental assessment report shall not be permitted to join the
appraisal council.
5. Any
organization or individual may send a petition or recommendation on
environmental protection
to the body establishing the appraisal council and to the body approving the project;
such council and such body shall be responsible to consider such petitions and
recommendations prior to making their conclusion or decision.
6. The
results of appraisal of a strategic environmental assessment report shall be one
of the grounds
for approval of the project.
7. The
responsibility to organize an appraisal council for a strategic environmental assessment
report shall be regulated as follows:
(a) The
Ministry of Natural Resources and Environment shall establish appraisal councils for
strategic environmental assessment reports in respect of projects to be approved by
the National Assembly, the Government or the Prime Minister of the Government;
(b)
Ministries, ministerial equivalent bodies or Government bodies shall establish appraisal
councils for strategic environmental assessment reports in respect of projects
which fall under their authority to approve;
(c)
Provincial people's committees shall establish appraisal councils for strategic
environmental assessment reports in respect of projects which fall under their authority to
decide and under the authority of the people's council of the same level.
SECTION 2
Environmental Impact Assessment
Article
18
Objects for which environmental impact assessment reports must be prepared
1. Owners of
the following projects must prepare an environmental impact assessment report:
(a) National
important projects;
(b) Projects
using part of the land of or causing an adverse impact on a natural conservation
zone, national park, historical and cultural site, natural heritage or beauty spot
which is classified;
(c) Projects
with a potentially adverse impact on a river watercourse, coastal area or area
containing a protected ecosystem;
(d) Projects
for construction of infrastructure of an industrial zone, high-tech zone, industrial
group, export processing zone or handicraft village group;
(dd)
Projects for construction of a new urban zone or concentrated residential area;
(e) Projects
for exploitation and utilization of groundwater or natural resources on a large scale;
(g) Other
projects with a potential risk of causing an adverse impact on the environment.
2. The
Government shall provide a list of projects for which an environmental impact assessment
report must be prepared.
Article
19
Preparation of environmental impact assessment reports
1. Owners of
the projects stipulated in article 18 of this Law shall be obliged to prepare an
environmental impact assessment report and submit it to the competent State body
for approval.
2. The
environmental impact assessment report must be prepared concurrently with the project
feasibility study.
3. Project
owners may themselves prepare or may hire a consultancy services organization to prepare
the environmental impact assessment report and shall be responsible for data and results
specified in the environmental impact assessment report.
4. Where
there is any change in the scale, content, time of commencement, duration or completion
of the project, the project owner shall be responsible to provide an explanatory
statement to the approving body; where necessary, a supplementary
environmental impact assessment report must be prepared.
5.
Consultancy services organizations preparing environmental impact assessment
reports must satisfy
all of the necessary conditions on professional personnel and on material and
technical facilities.
Article
20
Contents of environmental impact assessment reports
1. List and
detailed description of items of works of the project together with their scale
in terms of
space, time and workload; operational technology of each item of work and of the entire
project.
2. General
assessment of the environmental status at the project site and in adjacent
areas; the
sensitivity and burden bearing capacity of the environment.
3. Detailed
assessment of the potential environmental impact when the project is implemented
and of the environmental elements and socio-economic elements which will be affected
by the project; a forecast of risks of environment incidents which may be caused by
the project.
4. Specific
measures to minimize adverse impact on the environment and to prevent or deal with
environmental incidents.
5.
Undertaking to take environmental protection measures during construction and
operation of the
project.
6. List of
project works and the program for management and supervision of environmental issues
during implementation of the project.
7. Estimated
budget for construction of items of works being environmental protection facilities
within the total estimated budget of the project.
8. Opinions
of the people's committee of the commune, ward or township (hereinafter referred to
as
the
commune people's committee)
and of the representatives of communities
in the locality where the project is to be implemented. Opinions disagreeing with the
establishment of the project in the locality or disagreeing with environmental protection
measures must be included in the environmental impact assessment report.
9. Reference
to sources of figures and data and to methods of assessment.
Article
21
Appraisal of environmental impact assessment reports
1.
Environmental impact assessment reports shall be appraised by an appraisal
council or by an
appraisal services organization.
The Ministry
of Natural Resources and Environment shall provide regulations on the conditions
and guidelines for appraisal of environmental impact assessment reports by appraisal
services organizations.
2. The
composition of an appraisal council in respect of the projects stipulated in
paragraphs
(a) and (b)
of clause 7 of this article shall comprise representatives of the body approving the project;
representatives of the professional body for environmental protection under the body
which will approve the project; representatives of the provincial level professional
body for environmental protection of the locality where the project will be implemented;
experts with professional experience and qualifications suitable to the content and
nature of the project; and representatives of other organizations and individuals
as decided by the body authorized to establish the appraisal council.
3. The
composition of an appraisal council in respect of a project stipulated in
paragraph (c) of clause 7
of this article shall comprise representatives of the provincial people's committee;
representatives of the professional body for environmental protection and relevant
departments and divisions at the provincial level; experts with professional experience
and qualifications suitable to the content and mature of the project; and
representatives of other organizations and individuals as decided by the body
authorized to establish
the appraisal council.
Where
necessary, the provincial people's committee may invite representatives of the Ministry of
Natural Resources and Environment and of relevant ministries, ministerial equivalent
bodies and Government bodies to join the appraisal council.
4. More than
fifty (50) per cent of the members of an appraisal council stipulated in clauses 2 and 3 of
this article must have professional knowledge of the environment and of other sectors
related to the contents of the project. Persons who are directly involved in preparation
of the environmental impact assessment report shall not be permitted to join the
appraisal council.
5. Appraisal
services organizations may participate in the appraisal as decided by the body approving
the project and shall be responsible for their opinions and results of
appraisal.
6.
Organizations, communities and individuals may send a petition or recommendation
for
environmental protection to the body organizing the appraisal as stipulated in
clause 7 of this
article; the body organizing the appraisal shall have the responsibility to
consider such
petitions and recommendations prior to making its conclusion or decision.
7.
Responsibility to organize the appraisal of environmental impact assessment
reports in respect of
projects shall be regulated as follows:
(a) The
Ministry of Natural Resources and Environment shall establish appraisal councils or
select services organizations for appraisal of environmental impact assessment
reports in respect of projects which will be decided or approved by the National
Assembly, the Government or the Prime Minister of the Government; and for
inter-industry or inter-provincial projects;
(b)
Ministries, ministerial equivalent bodies or Government bodies shall establish appraisal
councils or select services organizations for appraisal of environmental impact
assessment reports in respect of projects which fall under their authority to decide or
approve, excluding inter-industry or inter-provincial projects;
(c)
Provincial people's committees shall establish appraisal councils or select
services
organizations for appraisal of environmental impact assessment reports in
respect of projects
located in their respective localities and falling under their authority to decide or
approve and under the authority of the people's council of the same level.
Article
22
Approval of environmental impact assessment reports
1. The body
establishing an appraisal council for an environmental impact assessment report shall
be responsible for considering and approving the environmental impact assessment
report after it has conducted its appraisal.
2. Prior to
approval, the body approving the environmental impact assessment report shall be
responsible to consider petitions and recommendations from the project owner,
the community
involved, and other organizations or individuals.
3. The head
of the body stipulated in clause 1 of this article must consider and decide to approve the
environmental impact assessment report within fifteen (15) working days from the
date of receipt of the environmental impact assessment report as modified to satisfy the
requirements stipulated in the conclusion of the appraisal council or of the appraisal
services organization. In the case of refusal to approve, the head of such body shall notify
the project owner in writing and specify the reasons therefor.
4. The
projects stipulated in article 18 of this Law may be approved and issued with an investment
licence, construction permit or operational permit only after approval of the
environmental impact assessment report.
Article
23
Responsibilities to implement contents of environmental impact assessment
reports and to inspect implementation
1. A project
owner shall have the following responsibilities:
(a) To
report the content of the decision on approval of the environmental impact assessment
report to the people's committee of the locality in which the project will be
implemented;
(b) To
display publicly at the location in which the project will be implemented information
on types of wastes and treatment technology, parameters of standards on wastes
and environmental protection solutions in order that the local community may know,
inspect and supervise same;
(c) To
implement properly and fully the items of environmental protection in the
environmental impact assessment report and the requirements in the decision on approval of
the environmental impact assessment report;
(d) To
notify the performance of the items in the report and of the requirements in the decision on
approval of the environmental impact assessment report to the body approving
the environmental impact assessment report for the purpose of inspection
and certification;
(d) Works
may be commissioned for use only after the competent body has inspected and
certified the performance of all requirements stipulated in sub-clauses (a), (b) and (c)
hereof.
2. The body
approving the environmental impact assessment report shall have the following
responsibilities:
(a) To
notify the items of its decision on approval of the environmental impact assessment
report to the provincial people's committee in the locality in which the project will
be implemented. The provincial people's committee shall notify items of the decision
on approval of the environmental impact assessment report which has been
approved by it or by a ministry, ministerial equivalent body or Government body to the
people's committee of a district, town or a provincial city (hereinafter referred to
as the
district people's committee)
and to the commune people's committee of
the place where the project will be implemented;
(b) To
direct and organize inspection of the implementation of the items in the approved
environmental impact assessment report.
SECTION 3
Environmental Protection Undertakings
Article
24
Entities which must make written environmental protection undertaking
Manufacturing, business and services establishments being family households and
entities not covered by
articles 14 and 18 of this Law must make a written environmental protection undertaking.
Article
25
Contents of environmental protection undertakings
1. Location
of performance.
2. Form and
scale of manufacturing, business or provision of services and the raw materials and fuel
used.
3. Types of
waste produced.
4.
Undertaking to apply measures aimed at minimizing and treating waste and to
comply strictly
with the provisions of the law on protection of the environment.
Article
26
Registration of written environmental protection undertaking
1. District
people's committees shall be responsible for organizing the registration of
written
environmental protection undertakings; where necessary, they may authorize a
commune people's
committee to organize such registration.
2. The
period for acceptance of a written environmental protection undertaking shall be
five working days
from the date of receipt of the valid written undertaking.
3. The
entities stipulated in article 24 of this Law shall be permitted to commence
their
manufacturing, business or provision of services only after registration of
their written
environmental protection undertaking.
Article
27
Responsibilities to implement environmental protection undertakings and to
supervise implementation
1. Any
organization or individual making an environmental protection undertaking shall
be responsible
to implement properly and fully its written environmental protection undertaking.
2. District
or commune people's committees shall direct, examine and inspect the
implementation of the items stated in a written environmental protection
undertaking.
CHAPTER IV
Conservation and
Rational Utilization of Natural Resources
Article
28
Survey, evaluation and formulation of planning for utilization of natural
resources
1. Natural
resources shall be surveyed and evaluated in terms of their reserves, renewable
ability and economic value; such survey shall be used as the basis for
formulation of planning for utilization and for determination of permissible
limits of exploitation, rates of environment tax and environmental protection
fees, sums to be deposited for environmental restoration, compensation for
environmental damage and other environmental protection measures.
2. Planning
for utilization of natural resources must be associated with planning for nature
conservation.
3.
Responsibilities for the survey, evaluation and formulation of planning for
utilization of natural resources shall be implemented in accordance with the law
on natural resources.
Article
29
Nature conservation
1. Zones or
ecosystems with a value in terms of national or international biodiversity must be surveyed,
evaluated and planned for protection in the form of a marine conservation zone,
national park, nature reserve zone, biosphere reserve zone or species
conservation zone
(hereinafter together referred to as
nature conservation zone).
2. The
grounds for formulation of planning for a nature conservation zone shall
comprise the following:
(a) Value as
world heritage site, national heritage site and local heritage site;
(b) Value as
primitive site, specialized use characteristics and value as protected site;
(c) Role in
regulating the regional ecological balance;
(d)
Typicality and uniqueness of the natural geographical area;
(dd) Regular
or seasonal habitat of or breeding area for rare and precious indigenous species
which are in danger of extinction;
(e)
International and local value of the biosphere, natural landscape and ecology
and value to
humanity of the ecology;
(g) Other
conservation values as stipulated by law.
3. The
establishment of nature conservation zones must comply with the zoning approved by the
competent State body.
4. Each
nature conservation zone shall have its own regulations and management unit.
5. The
responsibilities to prepare zoning for nature conservation and to establish and manage
nature conservation zones shall be implemented in accordance with law.
Article
30
Protection of biodiversity
1. The
protection of biodiversity must be carried out on the basis of ensuring the
lawful rights and
interests of local communities and of other entities concerned.
2. The State
shall establish gene banks for protection and development of precious and rare indigenous
gene sources; and shall encourage the import of genes of a high value.
3. Precious
and rare animal species and plant varieties which are in danger of extinction shall be
protected in accordance with the following provisions:
(a) They
shall be listed and categorized for management on the basis of preciousness, rarity and
threat of extinction;
(b)
Protection plans shall be prepared and measures shall be taken to prevent and stop
hunting, exploitation, trading and use of such species and varieties;
(c) Programs
of care, nursing and protection pursuant to special regimes suitable to each species
shall be carried out; and wild animal rescue centres shall be developed.
4. The
Ministry of Natural Resources and Environment shall be responsible to preside
over
co-ordination with relevant ministries, ministerial equivalent bodies,
Government bodies and
provincial people's committees to carry out the protection of biodiversity in accordance
with the law on biodiversity.
Article
31
Protection and development of natural landscape
1. The State
encourages development of ecological models for hamlets and villages in rural and
mountainous areas, for residential areas, industrial zones, entertainment zones
and tourist
resorts, and for other forms of natural landscape in order to create harmony between
human beings and nature.
2.
Organizations and individuals carrying out planning, construction,
manufacturing, business,
provision of services and daily activities shall ensure the requirements of preservation
and embellishment of the natural landscape.
3.
Ministries, ministerial equivalent bodies, Government bodies and people's
committees at all levels
shall, depending on their respective duties and powers, be responsible for formulating
zoning and organizing management, protection and development of the natural
landscape in accordance with the provisions of this Law and other relevant laws.
Article
32
Environmental protection in survey, exploration, exploitation and utilization of
natural resources
1. Any
survey, exploration, exploitation and utilization of natural resources shall
comply with the planning
approved by the competent State body.
2.
Exploitation and utilization permits for natural resources shall specify all
conditions in relation to
environmental protection.
The
exploitation and utilization of natural resources shall comply with the items of
environmental protection stipulated in the exploitation and utilization permits
issued by the competent
State bodies.
3.
Organizations and individuals shall be responsible for complying with the
requirements of
environmental protection during survey, exploration, exploitation and
utilization of natural resources;
and upon completion of exploration and exploitation activities, they must restore the
environment in accordance with the provisions of this Law and other relevant laws.
Article
33
Development of clean energy, renewable energy and environmentally-friendly
products
1. Clean
energy and renewable energy means energy generated from wind, solar and geothermal
sources, water, biomass and other renewable sources.
2.
Organizations and individuals investing in development and utilization of clean
energy or renewable
energy or in the manufacture of environmentally-friendly products shall be entitled to
State incentives in relation to taxation, capital funding and land for
construction of
manufacturing establishments.
3. The
Government shall formulate and implement a strategy on development of clean energy and
renewable energy to achieve the following objectives:
(a) Improve
the national capacity for research and application of technology to exploit and use
clean energy and renewable energy;
(b) Expand
international co-operation and mobilize resources to participate in exploitation
and utilization of clean energy and renewable energy;
(c) Increase
gradually the ratio of clean and renewable energy to the total national energy
production; realize the objective of energy security, economical use of natural
resources and minimization of greenhouse gas emissions;
(d) Combine
programs of development of clean energy and renewable energy with programs on
hunger eradication and poverty reduction and development in rural areas,
mountainous areas, coastal areas and islands.
4. The State
shall encourage the manufacture and consumption of products and goods which
pollute the environment to a lesser degree or which are easily decomposable; the utilization
of waste for production of clean energy; and the manufacture, import and utilization
of machinery, equipment and means of transportation using clean or renewable energy.
Article
34
Formation of environmentally-friendly consumption habits
1. The State
shall encourage organizations and individuals to consume products recycled from waste,
organic products, environmentally degradable packages, eco-certified products and
other environmentally-friendly products.
2. The
Ministry of Culture and Information, news agencies and the press shall be responsible
for co-ordinating with the Ministry of Natural Resources and Environment in
disseminating information about environmentally-friendly products and goods and
for introducing
and promoting environmentally-friendly products and goods for consumption by the
people.
CHAPTER V
Environmental
Protection in Manufacturing, Business and Services Activities
Article
35
Responsibilities of organizations and individuals for environmental protection
in
manufacturing, business and services activities
1. To comply
with the provisions of the law on protection of the environment.
2. To take
environmental protection measures as stipulated in an approved environmental impact
assessment report or a registered environmental protection undertaking, and to comply with
environmental standards.
3. To
prevent and restrict adverse impact on the environment caused by the activities
of any such
organization or individual.
4. To
overcome environmental pollution caused by the activities of any such
organization or individual.
5. To
disseminate information to and to educate and enhance awareness of environmental protection
by employees working in their manufacturing, business and services
establishments.
6. To
implement the regime of environmental reporting in accordance with the
provisions of the law on
protection of the environment.
7. To comply
with the regime for checks and inspection of environmental protection.
8. To pay
environment tax and environmental protection fees.
Article
36
Environmental protection in respect of concentrated manufacturing, business and
services zones
1. Economic
zones, industrial zones, export processing zones, high-tech zones, groups of industrial
establishments, tourist resorts and entertainment and recreation zones (hereinafter
together referred to as
concentrated manufacturing, business and services zones)
must satisfy the following requirements with respect to environmental
protection:
(a) Comply
with the approved master plan for development;
(b) Plan and
arrange functional areas and types of activities in association with
environmental protection;
(c)
Implement fully and properly the contents of the approved environmental impact assessment
report;
(d) Have
adequate equipment and apparatus for collection of ordinary solid waste and hazardous
waste and satisfy the requirements on receipt of waste already classified
at source from establishments located within manufacturing, business and services
zones;
(dd) Have a
concentrated system for collection and treatment of waste water and a system of
treatment of gaseous waste to the environmental standards in regular operation;
(e) Satisfy
the requirements regarding environmental landscape and protection of the health of
the community and of employees;
(g) Have an
environmental monitoring system;
(h) Have a
specialized section with sufficient capacity to perform environmental protection
duties.
2.
Industrial zones, export processing zones, high-tech zones and groups of
industrial
establishments which are likely to cause adverse impact on the environment must
be located at
an environmentally safe distance from residential areas and nature conservation
zones.
3.
Manufacturing, business and services projects in concentrated manufacturing,
business and services
zones may be commenced only upon satisfaction of all requirements stipulated
in clause 1 of this article and after verification and certification of such satisfaction
by the competent State body.
4. The
section specializing in environmental protection in a concentrated
manufacturing, business and
services zone shall have the following duties:
(a) To
inspect and supervise the observance of the requirements for environmental protection
by
establishments and investment projects in the concentrated
manufacturing, business and services zone;
(b) To
manage the system for collection and concentration of ordinary waste and hazardous
waste; the concentrated system for treatment of sewage and the system for
treatment of gaseous waste;
(c) To
organize the monitoring and assessment of the status of the environment, to collate and
prepare environmental reports and to submit periodical reports to the at provincial
level professional body for environmental protection;
(d) To
advise the management board on resolution of environment-related disputes between
projects located in the concentrated manufacturing, business and services zone.
5.
Provincial people's committees shall be responsible for co-ordinating with the
relevant ministries,
ministerial equivalent bodies and Government bodies in directing and organizing
environmental protection in respect of concentrated manufacturing, business and services
zones within localities under their management.
Article
37
Environmental protection in respect of manufacturing, business and services
establishments
1.
Manufacturing, business and services establishments must satisfy the following
environmental protection requirements:
(a) Have a
system for collection and treatment of waste water which satisfies
environmental standards; Where waste
water is transferred to a concentrated waste water treatment system, such
establishments must comply with the regulations issued by the organization responsible
for management of the concentrated waste water treatment system;
(b) Have
adequate means and equipment for collection and storage of solid waste and classify
such solid waste at source;
(c) Take
measures to minimize and treat dust and gaseous waste to satisfy standards prior to
discharging the waste into the environment, ensuring that no gaseous waste, toxic
gas and fumes will be leaked or dispersed into the environment; to limit noise,
light and heat which adversely affects the surrounding environment and employees;
(d) Ensure
adequate resources, facilities and equipment to prevent and deal with
environmental incidents, particularly in the case of manufacturing
establishments using
chemicals, radioactive substances, inflammable substances or explosives.
2.
Manufacturing establishments or warehouses in the following cases must not be
located within
residential areas and must be located at an environmentally safe distance from populated
areas:
(a) They
have inflammable substances or explosives;
(b) They
have radioactive substances or high radiation substances;
(c) They
have substances harmful to the health of humans and animals;
(d) They
discharge odour adversely affecting the health of humans;
(dd) They
cause significant pollution to water sources;
(e) They
cause noise or emit dust or gaseous waste in excess of the permissible limits.
Article
38
Environmental protection in respect of handicraft villages
1. The
planning, building, renovation and development of handicraft villages must be associated
with environmental protection. The State
shall encourage the development of zones and groups of industrial
establishments and handicraft villages sharing a common system of environmental protection
infrastructure facilities.
2.
Provincial people's committees shall be responsible for directing, for obtaining
statistics on, and for
assessing the pollution levels in handicraft villages within their localities
and for
preparing a plan for dealing with environmental pollution in such handicraft
villages by the
following measures:
(a)
Renovating, upgrading or building concentrated waste water collection and treatment
systems;
(b) Building
collection sites for ordinary solid waste and hazardous waste, arranging equipment
which will satisfy the requirements on waste collection and classification of waste at
source for the purpose of concentrated treatment;
(c)
Formulating planning for zones and groups of industrial establishments and handicraft
villages in order to remove manufacturing establishments which cause serious
pollution from residential areas;
(d)
Advertising and disseminating information about new technologies which cause less
pollution for the purpose of application.
3.
Manufacturing establishments in zones and groups of industrial establishments
and handicraft
villages must comply with the following requirements regarding environmental protection:
(a) Waste
water must be collected and transferred to a concentrated waste water treatment
system; where such system is not available, measures must be taken to treat waste
water to the environmental standards prior to discharge;
(b) Solid
waste must be classified at source and transported to a collection site for solid waste
in accordance with the regulations on management of waste; solid waste
containing toxic elements must be classified, collected, stored and treated in accordance
with the regulations on management of hazardous waste;
(c)
Contributions must be made to a budget for construction of infrastructure
facilities for
environmental protection, and environmental protection fees must be paid in full in
accordance with law.
Article
39
Environmental protection in respect of hospitals and other medical facilities
1. Hospitals
and other medical facilities must satisfy the following requirements with
respect to
environmental protection:
(a) Have a
system or take measures to collect and treat medical waste water and to operate same
regularly and satisfy environmental standards;
(b) Arrange
specialized equipment to classify at source pathological materials and medical
garbage;
(c) Take
measures to treat and incinerate pathological materials, medical garbage and out-of-date
medicines in order to ensure environmental hygiene and standards;
(d) Have
plans, facilities and equipment to prevent and deal with environmental incidents
caused by medical waste;
(dd)
Pre-treat solid waste and waste water from daily activities of patients in order
to eliminate
contagious germs prior to transfer to a concentrated treatment and incineration
establishment.
2. Hospitals
and other medical facilities for treatment of infectious diseases must be
isolated from residential areas and water sources. New
hospitals and other medical facilities for treatment of infectious diseases must
not be located in
residential areas.
3. X-ray
establishments, medical instruments and equipment using radioactive substances must satisfy
nuclear safety and radiation safety requirements stipulated in article 89 of this Law and
the law on nuclear and radiation safety.
4. Staff of
hospitals and other medical facilities engaged in activities involving medical
waste must be
equipped with protective clothes and equipment in order to ensure their safety and to
protect them from contracting disease from medical waste.
5. The
Ministry of Health shall preside over co-ordination with relevant ministries,
ministerial equivalent
bodies, Government bodies and provincial people's committees in directing and
organizing statistics on discharging sources and in assessing pollution levels
in hospitals
and other medical facilities; in devising measures to deal with environmental pollution,
and guiding and inspecting the observance of the law on protection of the environment
by hospitals and other medical facilities.
Article
40
Environmental protection in respect of construction activities
1. Master
planning for construction must comply with the standards and requirements for
environmental protection.
2. Execution
of the construction of works must satisfy the following requirements with respect to | 
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