GOVERNMENT 

SOCIALIST REPUBLIC OF VIETNAM

No. 80-2006-ND-CP

Independence - Freedom - Happiness

Hanoi, 09 August 2007

DECREE
PROVIDING DETAILED REGULATIONS FOR IMPLEMENTATION OF LAW ON PROTECTION OF THE ENVIRONMENT

 The Government

Pursuant to the Law on Organization of the Government dated 25 December 2001;
Pursuant to the Law on Protection of the Environment dated 29 November 2005;
Having considered the proposal of the Minister of Natural Resources and Environment;

Decrees:

 CHAPTER I
General Provisions

Article 1 Governing scope

 This Decree provides detailed regulations and guidelines for implementation of a number of articles of the Law on Protection of the Environment with respect to environmental standards; strategic environmental assessment, environmental impact assessment and environmental protection undertakings; protection of the environment during manufacturing, business and services activities; management of hazardous wastes; and public disclosure of information and data about the environment.

 Article 2 Applicable entities

 This Decree 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.

CHAPTER II
Specific Provisions

 SECTION 1
Environmental Standards

  Article 3 Principles on applicability of national environmental standards on waste pursuant to a roadmap for application, and as applicable to regions, areas and industries 

1. A regional, area or industry co-efficient means a number multiplied by the permissible value of each pollution parameter in the national environmental standards on waste, for the purpose of determining the value compulsorily applicable to each specific region, area and industry consistent with the requirements for environmental protection.

2. The roadmap for application of national environmental standards on waste shall be promulgated in conformity with the requirements for environmental protection in each period on the principle of increasingly stricter application. The roadmap shall be promulgated in a decision announcing compulsorily applicable standards.

3. The determination of the co-efficient of standards on waste shall be based on the following principles:

(a) Regional and industry co-efficients of standards on waste shall be determined on the basis that stricter regulations shall apply to areas surrounding nature conservation zones, areas with sensitive ecosystems, urban areas, concentrated residential areas, and areas in which the environment is already polluted;

(b) Industry co-efficients of standards on waste shall be determined on the basis of the special environmental characteristics of a specific manufacturing industry.

Article 4 Responsibility to formulate national environmental standards, and authority to promulgate and announce such standards

 1. The formulation of national environmental standards shall be regulated as follows:

(a) The Ministry of Natural Resources and Environment shall guide the methods for formulation of national environmental standards, shall preside over co-ordination with relevant ministries and branches to determine which standards need to be promulgated, and shall delegate the work of formulation of such standards;

(b) Ministries, ministerial equivalent bodies and Government bodies shall organize the formulation of national environmental standards in accordance with the industries and sectors allocated to them, and shall forward such standards to the Ministry of Natural Resources and Environment to organize evaluation and promulgation.

2. The Ministry of Natural Resources and Environment shall promulgate and announce the national environmental standards which are compulsorily applicable to each region, area and industry.

 Article 5 Order and procedures for formulation, evaluation, promulgation and announcement of compulsorily applicable national environmental standards

1. National environmental standards shall be formulated in accordance with the following steps:

(a) Reference to relevant international standards and to standards of countries with similar conditions to those of Vietnam;

(b) Assessment of the basic requirements applicable to national environmental standards and a forecast of the impact of the compulsory application of such standards;

(c) Determination of the governing scope and applicable entities, the parameters and the restricted value of each parameter of the national environmental standards including a determination of benchmark methods for surveying, taking samples and analysis in order to fix such parameters;

(d) Organization of the drafting of environmental standards;

(dd) Organization of taking opinions from related entities and completion of the draft national environmental standards;

(e) Proposal to the Ministry of Natural Resources and Environment to conduct an expert evaluation of the standards and to then promulgate them.

2. An application file requesting expert evaluation of draft national environmental standards shall contain the following documents:

(a) Official letter requesting evaluation of environmental standards;

(b) Explanatory statement of the necessity for and objectives of the standards, and about the process of their formulation, setting out any differing opinions and the opinion of the body which organized the formulation of the environmental standards;

(c) Draft environmental standards.

3. The expert evaluation and promulgation of national environmental standards shall be regulated as follows:

(a) On receipt of a valid application file requesting evaluation, the Ministry of Natural Resources and Environment shall establish a technical council on national environmental standards comprised of experts with professional skills and experience regarding standards and of authorized representatives from the relevant ministries, ministerial equivalent bodies and Government bodies;

(b) Within a time-limit not to exceed thirty (30) working days from the date of receipt of a valid application file requesting evaluation, the technical council shall be responsible to conduct an evaluation of the draft national environmental standards and to submit the results of such evaluation to the Ministry of Natural Resources and Environment.

Within a time-limit not to exceed fifteen (15) working days from the date of receipt of the report on the results of evaluation, the Ministry of Natural Resources and Environment shall issue a decision promulgating the national environmental standards. If the Ministry disagrees with the results of evaluation or if it does not approve promulgation of the national environmental standards, then the Ministry shall require the technical council to conduct a re-evaluation or the Ministry shall require the body which organized the formulation of the standards to continue to perfect the draft environmental standards.

4. The announcement of compulsorily applicable national environmental standards shall be regulated as follows:

(a) On the basis of the national environmental standards, the Ministry of Natural Resources and Environment shall fix a roadmap for their application and the co-efficient applicable to each specific region, area and industry on the basis of the principles stipulated in article 3 of this Decree, and shall announce compulsory application;

(b) All organizations and individuals shall be responsible to comply with the national environmental standards as from the date of effectiveness of the decision announcing their compulsory application.

5. The technical council on national environmental standards shall be an organization providing technical consultancy which is established and operates on request in order to assist the Ministry of Natural Resources and Environment to evaluate draft national environmental standards. The council shall automatically dissolve on completion of the tasks assigned to it.

The Ministry of Natural Resources and Environment shall provide specific regulations on the operation of the technical council for national environmental standards.

SECTION 2

Strategic Environmental Assessment, Environmental Impact Assessment and
Environmental Protection Undertakings

Article 6 List of projects for which an environmental impact assessment report must be prepared and guidelines on the financial regime applicable to activities being preparation, evaluation and supervision of implementation of environmental impact assessment reports 

1. The projects for which an environmental impact assessment report must be prepared are listed in Appendix I to this Decree.

2. The Ministry of Finance shall preside over co-ordination with the Ministry of Natural Resources and Environment to provide guidelines on the financial regime applicable to activities being the preparation, evaluation and supervision of implementation of strategic environmental evaluation reports, environmental impact assessment reports and environmental protection undertakings. 

Article 7 Inter-industry and inter-province projects for which the Ministry of Natural Resources and Environment has authority to appraise and approve the environmental impact assessment report

The list of inter-industry and inter-province projects for which the Ministry of Natural Resources and Environment has authority to appraise and approve the environmental impact assessment report is stipulated in Appendix II to this Decree. 

Article 8 Conditions for operation and operational scope of organizations providing consultancy services for the preparation of environmental impact assessment reports

1. Organizations providing consultancy services for the preparation of environmental impact assessment reports must satisfy the following conditions:

(a) Have staff with the technical, technological and environmental expertise appropriate for the project sector;

(b) Have facilities, machinery and equipment which satisfies the stipulated standards and quality required for environmental surveys and for taking environmental samples and other relevant samples appropriate for the nature of the project and the locality for implementation of the project;

(c) Have material and technical facilities and a laboratory for testing, processing and analyzing environmental samples and other samples relative to the project. If an organization does not have its own laboratory which satisfies the requirements, then such organization must sign a contract hiring another laboratory which satisfies the requirements.

2. Any domestic or foreign organization which has registered its operation in Vietnam and which satisfies the conditions stipulated in clause 1 of this article shall be permitted to provide consultancy services for the preparation of environmental impact assessment reports, except for projects in national security and defence sectors and projects involving State secrets.

3. Any entity which wishes to hire an organization providing consultancy services for preparation of an environmental impact assessment report shall be responsible to check that the conditions stipulated in clause 1 of this article have been satisfied by the organization. 

Article 9 Application file for appraisal of a strategic environmental assessment report, for appraisal of an environmental impact assessment report, and for registration of an environmental protection undertaking 

1. An application file for appraisal of a strategic environmental assessment report shall contain the following documents:

(a) Official letter from the project owner requesting appraisal;

(b) Strategic environmental assessment report;

(c) Draft strategy, master plan and plan.

2. An application file for appraisal of an environmental impact assessment report shall contain the following documents;

(a) Official letter from the project owner requesting appraisal;

(b) Environmental impact assessment report;

(c) Feasibility study report or project investment report.

3. An application file for registration of an environmental protection undertaking shall contain the following documents:

(a) Environmental protection undertaking;

(b) Feasibility study report or project investment explanatory report.

4. An application file for appraisal of a strategic environmental assessment report, an application file for appraisal of an environmental impact assessment report, and an application file for registration of an environmental protection undertaking shall be sent to the competent body stipulated in articles 17, 21 and 26 respectively of the Law on Protection of the Environment.

5. The Ministry of Natural Resources and Environment shall provide guidelines on the sample forms for and the number of sets of an application file for appraisal of a strategic environmental assessment report, an application file for appraisal of an environmental impact assessment report, and an application file for registration of an environmental protection undertaking.

6. In the case of an invalid application file, the body receiving the file shall be responsible to notify the project owner to supplement and amend the file within a time-limit not to exceed five (5) working days from the date such body receives the application file. 

Article 10 Appraisal of strategic environmental assessment reports 

1. The head or leader of a body stipulated in clause 7 of article 17 of the Law on Protection of the Environment shall issue a decision on establishment of an appraisal council for the strategic environmental assessment report of a project.

2. The results of an appraisal of a strategic environmental assessment report shall be expressed in minutes of the meeting of the appraisal council, and such minutes shall contain complete contents and conclusions and shall be signed by the chairman and secretary of the council.

3. The Minister of Natural Resources and Environment shall report to the Prime Minister of the Government, the Government [or] the National Assembly on the results of appraisal of the strategic environmental assessment report of a project and shall enclose a copy of the minutes of the appraisal council to provide the bases for approval of the project.

4. The specialist body for protection of the environment of a ministry, ministerial equivalent body, Government body or people's committee of a province or city under central authority shall report to the minister [or] to the head or leader of the body authorized to approve the project on the results of appraisal of the strategic environmental assessment report, and shall enclose a copy of the minutes of the appraisal council to provide the bases for approval of the project.

5. The activities of an appraisal council for a strategic environmental assessment report shall be implemented in accordance with regulations promulgated by the Minister of Natural Resources and Environment. 

Article 11 Appraisal of environmental impact assessment reports 

1. The head or the leader of the body stipulated in clause 7 of article 21 of the Law on Protection of the Environment shall issue a decision establishing an appraisal council for an environmental impact assessment report of a project.

2. The head or the leader of the body stipulated in clause 7 of article 21 of the Law on Protection of the Environment shall, based on the nature and complexity of technical, technological and environmental aspects of a project, issue a decision on selection of the form of appraisal via an appraisal council or via an organization providing appraisal services. With respect to a project in the national security and defence sector and a project involving State secrets, only an internal services organization from within the national security and defence branch may be selected.

3. The appraisal council or the organization providing appraisal services shall have the function of providing advice and assistance to the body authorized to consider and assess the quality of the environmental impact assessment report in order to provide a basis for consideration and approval in accordance with regulations.

4. In necessary cases, prior to conducting the official session of the appraisal council, the body responsible to organize the appraisal may conduct the following forms of subsidiary appraisal:

(a) Survey the location for implementation of the project and surrounding areas;

(b) Take samples for analysis and testing;

(c) Obtain opinions from the resident community in the location for implementation of the project;

(d) Take opinions from experts outside the appraisal council, and from scientific and technological bodies, social organizations, occupational organizations and non-governmental organizations involved;

(dd) Organize appraisal sessions on particular themes.

5. The activities of the appraisal council and of the organization providing the services of appraising an environmental impact assessment report shall be implemented in accordance with regulations promulgated by the Minister of Natural Resources and Environment. 

Article 12 Time-limits for appraisal of strategic environmental assessment reports and environmental impact assessment reports 

1. The time-limit of a maximum of forty five (45) working days from the date of receipt of a complete and valid application file shall apply to appraisal of projects within the decision and approval-making authority of the Prime Minister of the Government, the Government [or] the National Assembly and to inter-industry and inter-province projects.

2. The time-limit of a maximum of thirty (30) working days from the date of receipt of a complete and valid application file shall apply to appraisal of projects other than those stipulated in clause 1 of this article.

3. If a strategic environmental assessment report or an environmental impact assessment report is not passed and must be re-appraised, then the time-limit for the re-appraisal shall be the same as the time-limit stipulated in clauses 1 and 2 of this article. 

Article 13 Preparation of a supplementary environmental impact assessment report 

1. A supplementary environmental impact assessment report must be prepared in the following circumstances:

(a) If there is a change in the location, scale, design output or technology of the project;

(b) If the implementation of the project does not commence until after twenty four (24) months from the date of approval of the environmental impact assessment report.

2. A supplementary environmental impact assessment report shall contain the following items:

(a) Changes to the contents of the project;

(b) Changes to the natural environmental status and changes to economic and social factors up until the time of preparation of the supplementary environmental impact assessment report;

(c) Changes to environmental impact and changes to measures to reduce negative impact;

(d) Changes to the project's program for management and supervision of the environment;

(dd) Any other changes.

3. Within a time-limit not to exceed thirty (30) working days from the date of receipt of a complete and valid application file, the State body authorized to approve the environmental impact assessment report shall be responsible to consider and approve the supplementary environmental impact assessment report. 

Article 14 Responsibilities of project owners after approval of environmental impact assessment reports: 

1. To provide a written report to the district people's committee in the locality for implementation of the project about the contents of the decision approving the environmental impact assessment report and enclosing a copy of such decision on approval.

2. To publicly list at the location for implementation of the project a summary of the approved environmental impact assessment report, specifying the following items: the type and volume of waste materials; the technology and equipment for treating waste; the level of treating waste in accordance with the particular parameter of the stipulated standard for the waste material; and other environmental measures.

3. The design, construction and installation of environmental treatment facilities:

(a) On the basis of the preliminary drawings of the fundamentals of the environmental treatment facilities set out in the approved environmental impact assessment report, to carry out detailed design and to construct and install such facilities correctly in accordance with the current regulations on investment and construction;

(b) After the detailed design of the environmental treatment facilities of the project has been approved, to send a written report to the State body which approved the environmental impact assessment report together with the plan on construction and installation enclosing the detailed design file in order for such body to monitor and inspect [construction and installation].

4. To protect the environment during the process of execution of the project building works:

(a) During the process of execution of the project building works, to take measures to protect the environment including measures to reduce negative impact on the environment caused by the project, and to continue to observe and measure the environment correctly in accordance with the requirements set out in the approved environmental impact assessment report including any other requirements set out in the decision approving such report;

(b) If during the process of execution of the project building works there are any amendments or changes to the contents and methods for environmental protection which have been approved or certified, to provide a written report to the body which approved or certified the report, and only to take measures after such body has granted its written approval;

(c) If during the process of execution of the project building works or operational testing of the project any environmental pollution is caused, such execution or testing must be immediately stopped and a report made to the office of natural resources and environment at the district level in the place where the project is being implemented and also to the body which approved the environmental impact assessment report;

(d) To co-operate with the State administrative body for protection of the environment and to facilitate the supervision and inspection by such body of the items and measures for protection of the environment by the project; and to provide complete information and data at the request of such body.

5. Operational testing of environmental treatment facilities:

(a) After construction and installation of the environmental treatment facilities has been completed and the facilities have been accepted, the facilities must be operationally tested in order to check that the technical parameters regarding the environment have been satisfied in accordance with the design;

(b) To prepare an operational testing report and to notify it to the body which approved the environmental impact assessment report, the Department of National Resources and Environment and the office of natural resources and environment at the district level and the resident community in the location of implementation of the project in order that a plan on supervision and inspection can be arranged;

(c) If the project owner does not have the capability to itself conduct surveys and analysis of the technical parameters regarding the environment, it must sign a contract with an organization with adequate professional and technical skills to conduct such surveys and analysis;

(d) On completion of operational testing, to forward a written report to the body which approved the environmental impact assessment report requesting certification of the results of operational testing of the environmental treatment facilities, in order for such body to provide its certification. 

Article 15 Responsibilities of State bodies after approval of an environmental impact assessment report:

1. A ministry, ministerial equivalent body or Government body shall send its original decision approving an environmental impact assessment report to the provincial people's committee where the project is being implemented.

2. The provincial people's committee shall send a copy of its decision approving the environmental impact assessment report together with a copy of the decision of the minister, ministerial equivalent body or Government body to the district people's committee where the project is being implemented.

3. After the competent State body has approved the environmental impact assessment report, it shall have the following responsibilities:

(a) To compare the files on the design and construction and installation of the environmental treatment facilities with the environmental impact assessment report which has been approved, and if any inconsistent items are discovered, then within a time-limit of seven (7) working days from the date of receipt of the file and report, to provide written notice to the project owner to make amendments and additions;

(b) To accept and to deal with any opinions from or recommendations made by the project owner or other organizations and individuals involved regarding implementation of the items and measures for protection of the environment throughout the process of execution of the project building works;

(c) To arrange a plan to carry out supervision and inspection of implementation of the items and measures for protection of the environment; to deal with any breaches which arise in accordance with its authority or to recommend that the authorized body deal with such breaches;

(d) To arrange for inspection and supervision of operational testing of the environmental treatment facilities after receiving the plan on operational testing from the project owner;

(dd) To consider and certify results of operational testing of the environmental treatment facilities;

(e) To archive and administer the entire file and documents on post-appraisal operation as forwarded by the project owner and other organizations and individuals involved. 

Article 16 Application file, order and procedures for inspection and certification of fulfilment of requirements set out in a decision approving an environmental impact assessment report 

1. An application file requesting inspection and certification shall contain the following documents:

(a) Written request for inspection and certification;

(b) Report describing the works and measures for protection of the environment as set out in the environmental impact assessment report and enclosing the design file and the technical parameters of the works and of the equipment protecting the environment.

The environmental treatment and protection facilities must be technically appraised prior to making the application for inspection and certification.

(c) Any relevant certificates, acknowledgements or evaluations.

2. Within a time-limit of fifteen (15) working days from the date of receipt of a valid application file from a project owner, the body which issued the decision approving the environmental impact assessment report shall be responsible to inspect and provide written certification that the project owner has completed all the items set out in the approved environmental impact assessment report. In the case of a complicated project which requires further time for inspection, this time-limit may be extended but not in excess of ten (10) working days. If during inspection it is discovered that the project owner has not correctly or fully completed the items in the environmental impact assessment report, the above-mentioned body shall require the project owner to continue to carry out work and to then report to such body in order for the latter to continue its consideration and certification.

3. The items which need to be inspected and certified shall depend on the specific contents of the approved environmental impact assessment report for each project, but attention should be paid to the following matters:

(a) The system for collection and treatment of waste water;

(b) The equipment for collecting and retaining hazardous waste substances and the measures for treating same;

(c) Measures for managing ordinary solid waste matter;

(d) Measures and equipment for processing and collecting gaseous and dust waste;

(dd) Measures and equipment for dealing with noise and vibration;

(e) A plan and the necessary measures and conditions for prevention of any incident causing environmental pollution.

4. The specific form and contents of the above-mentioned report and certificate shall be as stipulated in guidelines of the Ministry of Natural Resources and Environment.

Article 17 Registration of environmental protection undertakings 

1. After receipt of a complete and valid application file, and within the time-limit [5 days] stipulated in clause 2 of article 26 of the Law on Protection of the Environment, the district people's committee or the authorized level people's committee shall be responsible to issue a certificate to any entity in the category of entities required to register an environmental protection undertaking.

2. The form and contents of a certificate confirming registration of an environmental protection undertaking shall be as stipulated in guidelines of the Ministry of Natural Resources and Environment.

SECTION 3

Protection of the Environment during Manufacturing, Business and Services Activities 

Article 18 Environmental friendly manufacturing[and/or] services establishments, and environmental friendly products 

1. An environmental friendly manufacturing [and/or] services establishment means an establishment which satisfies the following requirements:

(a) It complies strictly with the law on protection of the environment and has been certified as satisfying environmental standards;

(b) It has policies of product control throughout the entire process of the existence of the products and of control of waste matter which comply correctly with law, and in which more than seventy (70) per cent of the volume of waste materials is recycled or reused;

(c) It has been issued with certificate ISO 14001 on environmental control and it successfully applies such certification;

(d) It saves more than ten (10) per cent of the raw materials, energy, fuel and water used as compared with general consumption levels;

(dd) It participates in and has made a positive contribution to the program for increasing public awareness of protection of the general environment and of the communal environment;

(e) The community in the locality where the establishment conducts manufacturing [or] provides services does not oppose recognition of the establishment as an environmental friendly establishment.

2. An environmental friendly product means a product which satisfies one of the following requirements:

(a) It is a recycled product using waste material which satisfies the environmental standards;

(b) The product readily decomposes after use;

(c) The product does not cause environmental pollution and is manufactured as a substitute for natural raw materials;

(d) It is an organic agricultural product;

(dd) It is a product which has been issued with an ecological label by an organization recognized by the State.

3. Environmental friendly manufacturing [or] services establishments shall be entitled to State policies on incentives, preferences and assistance in accordance with law.

4. The Ministry of Natural Resources and Environment shall provide guidelines on assessment and consideration and on procedures for recognition of environmental friendly manufacturing [or] services establishments and environmental friendly products. 

Article 19 Protection of the environment applicable to importation, temporary importation, transfer between border gates, and transit of scrap 

1. Any importer of scrap who fails to comply with the provisions of clauses 1 and 2 of article 43 of the Law on Protection of the Environment shall, depending on the nature and seriousness of the breach, be subject to an administrative penalty or be criminally prosecuted; and any offender who causes loss and damage must pay compensation in accordance with law.

2. The temporary importation or transfer between border gates of scrap must comply strictly with the following requirements:

(a) The scrap must not be dismantled, opened, used, or caused to be dispersed during the process of its transportation or retention in Vietnam;

(b) There must not be any change to the nature or volume of the scrap;

(c) The entire volume of the scrap brought into the territory of Vietnam must be re-exported or transferred to another border gate.

3. The transit of scrap through the territory of Vietnam must satisfy the same requirements on protection of the environment which apply to the transit of goods as stipulated in article 42 of the Law on Protection of the Environment. 

SECTION 4

Management of Waste 

Article 20 Responsibilities of State bodies for management of hazardous waste 

1. The Ministry of Natural Resources and Environment shall have the following responsibilities:

(a) To provide guidelines on processes for reduction of hazardous waste, on compiling statistics on, and on declaring and managing hazardous waste;

(b) To promulgate a list of hazardous wastes;

(c) To issue licences and operational code numbers for management of hazardous waste to organizations participating in the management of waste where such organizations have an operational scope of two or more provinces and cities under central authority;

(d) In cases where Vietnam does not yet have the appropriate technology and equipment for processing waste, to provide guidelines on the transportation of hazardous waste overseas to be processed in accordance with international treaties of which Vietnam is a member.

2. People's committees of provinces and cities under central authority shall have the following responsibilities:

(a) To organize the compiling of statistics on and the assessment of hazardous waste arising within their localities and to take measures to manage such waste appropriately;

(b) To arrange for land surfaces and the necessary conditions for the management of hazardous wastes within their localities in conformity with the approved plan for collection, treatment, burial or back-filling of hazardous waste;

(c) To issue licences and operational code numbers for management of hazardous waste to organizations participating in the management of waste where such organizations have an operational scope within the locality, except for the cases covered by clause 1(c) above. 

Article 21 Collection and disposal of expired or discarded products 

1. The products stipulated in clause 1 of article 67 of the Law on Protection of the Environment must bear a sign indicating how hazardous they are and whether they are able to be recycled, in order to determine liability and measures for the collection and disposal of such products after the expiry of their use date or after consumers have discarded them.

In a case of importation, the importer must register the quantity of and other essential information about products with the central State administrative body for protection of the environment, in order to determine liability and measures for collection and disposal of the products after they have been discarded by consumers.

2. Based on the actual situation and the requirements for protection of the environment in each period, the Ministry of Natural Resources and Environment shall make a submission to the Prime Minister of the Government to issue regulations on collection and disposal of second-hand products and products whose use date has expired.

SECTION 5

Other Provisions 

Article 22 Appraisal and assessment of environmental technology and management of biological products used during protection of the environment 

1. Environmental technology which must be appraised and assessed shall comprise:

(a) Newly invented environmental technology;

(b) Environmental technology imported from an unclear source or unknown country of origin;

(c) Other environmental technology shall be appraised and assessed pursuant to a request from the provider, the user, or the competent State administrative body.

2. The public notification, certification and assignment of environmental technology which has been appraised and assessed shall be implemented in accordance with the law on science and technology.

3. The Ministry of Science and Technology shall preside over co-ordination with the Ministry of Natural Resources and Environment to provide specific guidelines on the assessment of environmental technology in compliance with the law on science and technology and the law on protection of the environment.

4. The Ministry of Natural Resources and Environment shall promulgate a list of biological products permitted to be used in the prevention and reduction of waste and in waste treatment; and a list of biological products which cause environmental pollution and which are prohibited imports. 

Article 23 Public disclosure of information and data about the environment 

1. The responsibility to make public disclosure of information and data about the environment as stipulated in clause 1 of article 104 of the Law on Protection of the Environment shall be regulated as follows:

(a) The Ministry of Natural Resources and Environment shall be responsible for public disclosure of information and data about the national environment;

(b) Ministries, ministerial equivalent bodies and Government bodies shall be responsible to make public disclosure of information and data about the environment within the industries and sectors managed by such body;

(c) The professional bodies for protection of the environment within all level people's committees shall be responsible to make public disclosure of information and data about the environment within the localities managed by such bodies;

(d) The management board of an economic zone, industrial zone or export processing zone, and owners of manufacturing and services establishments shall be responsible to make public disclosure of information and data about the environment within the scope of their management.

2. The form of public disclosure of information and data about the environment shall be regulated as follows:

(a) Applicable to the entities stipulated in sub-clauses (a) and (b) of clause 1 of this article, wide dissemination in the form of books and press news items and on websites of such entities;

(b) Applicable to the entities stipulated in sub-clauses (c) and (d) of clause 1 of this article, wide dissemination in the form of books and newspaper articles, articles on websites (if any), reports at meetings of the people's council, notification at meetings of residents, and listing at the headquarters of the entity concerned and at the people's committee of the commune, ward or township where an operation is conducted.

CHAPTER III
Implementing Provisions 

Article 24 Effectiveness 

1. This Decree shall be of full force and effect fifteen (15) days after the date of its publication in the Official Gazette.

2. The following Decrees are hereby repealed:

(a) Decree 175-CP of the Government dated 18 October 1994 on implementation of the Law on Protection of the Environment 1993;

(b) Decree 143-2004-ND-CP of the Government dated 12 July 2004 amending article 14 of Decree 175-CP of the Government dated 18 October 1994 on implementation of the Law on Protection of the Environment 1993. 

Article 25 Organization of implementation 

1. The Minister of Natural Resources and Environment shall be responsible to provide guidelines for the implementation of this Decree.

2. Ministers, heads of ministerial equivalent bodies and Government bodies and chairmen of people's committees of provinces and cities under central authority shall be responsible for implementation of this Decree.

On behalf of the Government

Prime Minister

NGUYEN TAN DUNG

 Appendix I 

LIST OF PROJECTS FOR WHICH ENVIRONMENTAL IMPACT ASSESSMENT REPORT MUST BE PREPARED
(Issued with Decree 80-2006-ND-CP of the Government dated 9 August 2006)