(English – Tiếng Anh)

DECREE 08/2022/ND-CP

January 10, 2022

 Detailing a number of articles of the Law on Environmental Protection

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 17, 2020 Law on Environmental Protection;

Pursuant to the June 13, 2019 Law on Public Investment;

Pursuant to the November 17, 2020 Law on Investment;

Pursuant to the June 25, 2015 Law on the State Budget;

At the proposal of the Minister of Natural Resources and Environment,

The Government promulgates the Decree detailing a number of articles of the Law on Environmental Protection.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Clause 4, Article 9; Clause 5, Article 13; Clause 4, Article 14; Clause 4, Article 15; Clause 3, Article 20; Clause 4, Article 21; Clause 4, Article 23; Clause 2, Article 24; Clause 3, Article 25; Clause 7, Article 28; Clause 7, Article 33; Clause 7, Article 37; Clause 6, Article 43; Clause 6, Article 44; Clause 5, Article 46; Clause 8, Article 49; Clause 6, Article 51; Clause 4, Article 52; Clause 4, Article 53; Clause 5, Article 54; Clause 5, Article 55; Clause 7, Article 56; Clause 3, Article 59; Clause 5, Article 61; Clause 1, Article 63; Clause 7, Article 65; Clause 7, Article 67; Point d, Clause 2, Article 69; Clause 2, Article 70; Clause 3, Article 71; Clause 8, Article 72; Clause 7, Article 73; Clause 4, Article 78; Clauses 3 and 4, Article 79; Clause 3, Article 80; Clause 5, Article 85; Clause 1, Article 86; Clause 1, Article 105; Clause 4, Article 110; Clause 7, Article 111; Clause 7, Article 112; Clause 4, Article 114; Clause 3, Article 115; Point a, Clause 2, Article 116; Clause 7, Article 121; Clause 4, Article 131; Clause 4, Article 132; Clause 4, Article 135; Clause 5, Article 137; Clause 5, Article 138; Clause 2, Article 140; Clause 5, Article 141; Clause 4, Article 142; Clause 3, Article 143; Clause 5, Article 144; Clause 4, Article 145; Clause 2, Article 146; Clause 7, Article 148; Clause 5, Article 149; Clause 5, Article 150; Clause 3, Article 151; Clause 4, Article 158; Clause 6, Article 160; Clause 4, Article 167; and Clause 6, Article 171, of the Law on Environmental Protection regarding protection of environmental components; environmental zoning, strategic environmental assessment, and environmental impact assessment; environmental licenses and environmental registration; environmental protection in production, business and service activities, urban and rural areas and some sectors; waste management; responsibility of producers and importers to recycle and dispose of products and packages; environmental monitoring; environmental information systems and databases; prevention of and response to environmental incidents and compensation for environmental damage; economic tools and resources for environmental protection; state management, examination, inspection, and provision of online public services on environmental protection.

Article 2. Subjects of application

This Decree applies to agencies, organizations, resident communities, households and individuals carrying out activities related to the contents specified in Article 1 of this Decree in the territory of the Socialist Republic of Vietnam, including its mainland, islands, maritime zones, underground areas and air space.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Rainwater collection and drainage system of a production, business or service establishment includes the water collection and drainage network (pipelines, pits, sluices, canals, ditches and regulating reservoirs), rainwater drainage pump stations and other auxiliary facilities for the purposes of collecting, conducting and draining rainwater and preventing inundation.

2. Wastewater collection, treatment and drainage system of a production, business or service establishment includes the wastewater collection network (pipelines, pits and sluices), wastewater pump stations, wastewater treatment facilities, and other auxiliary facilities for the purposes of collecting and treating wastewater and draining treated wastewater into the receiving waters.

3. On-spot waste treatment facilities and equipment means facilities and equipment that are manufactured or pre-assembled or constructed on the spot to treat wastewater or emissions of household-based production, business and service establishments; parks, recreation and entertainment areas, concentrated business or service areas, markets, railway stations, car terminals, wharves, harbors, ferry terminals, and other public places; households and individuals discharging wastewater and emissions shall treat them in accordance with the law on environmental protection.

4. Cooling water means water used for cooling equipment and machinery in the production process that is not in direct contact with raw materials, materials, fuels or chemicals used in production stages.

5. Waste self-treatment means waste treatment carried out by waste-generating establishments within their premises by using production items or lines or environmental protection facilities that meet environmental protection requirements.

6. Waste reuse means the reuse of untreated wastes or preliminarily processed wastes. Preliminary processing of wastes means the use of simple physic-mechanical technical measures to change their physical properties such as size, humidity or temperature in order to facilitate the classification, storage, transportation, reuse, recycling, co-treatment or treatment for the purpose of mixing or separating waste components as suitable to different management processes.

7. Waste recycling means a process of using technological and technical solutions to retrieve valuable components from wastes.

8. Waste treatment means a process of using technological and technical solutions (other than preliminary processing) to reduce, remove, separate, isolate, burn, destroy or bury wastes and hazardous elements therein.

9. Wastewater means water the characteristics and properties of which have been modified and which is discharged from production, business, service, daily-life or other activities.

10. Normal solid wastes means solid wastes which are neither on the list of hazardous wastes nor on the list of industrial wastes subject to control that contain hazardous elements exceeding hazardous waste thresholds.

11. Domestic solid wastes (also known as domestic wastes) means solid wastes generated during human daily-life activities.

12. Industrial wastes means wastes generated from production, business and service activities, including hazardous wastes, industrial wastes subject to control, and normal industrial solid wastes.

13. Micro-plastics in products and goods means solid plastic particles that are insoluble, smaller than 5 millimeters in diameter, composed mainly of synthetic or semi-synthetic polymers, and intentionally mixed in products and goods, including toothpaste, detergent, soap, cosmetics, shampoo, shower gel, face wash gel, and other skin cleansers.

14. Disposable plastic products means products (other than non-substitutable accompanying products) including food containers, bowls, chopsticks, cups, knives, spoons, forks, straws and other utensils made from plastic that are designed and sold for intended use as disposables before being discarded into the environment.

15. Non-biodegradable plastic packagings means packagings mainly composed of polymers of petroleum origin, such as polymer ethylene (PE), polypropylene (PP), polymer styrene (PS), polyvinyl chloride (PVC), and polyethylene terephthalate (PET), that are hardly or take long time to be degradable in the waste-receiving sources (water environment, soil environment, or solid waste landfill sites).

16. Protected areas include national parks, nature reserves, species-habitat management areas, and protected landscapes that are established in accordance with the laws on biodiversity, forestry, and fisheries.

17. Environmental commodities means technologies, equipment and products used for environmental protection purposes.

18. Environmental information system means a synchronous system developed according to an overall architecture, consisting of people, machinery and equipment, techniques, data, and programs that are tasked to collect, process, store and distribute environmental information to users in a given environment.

19. Wastewater discharge limit means the amount of each pollutant that may continue to be discharged into water environments.

20. Point source of pollution means a single, identifiable source discharging pollutants into the environment that must be treated.

21. Nonpoint source of pollution means an unidentifiable, unspecific source discharging pollutants into the environment.

22. Waste treatment service establishment means an establishment carrying out waste treatment activities (including also waste recycling and co-treatment) for households, individuals, agencies, organizations, production, business and service establishments, concentrated production, business and service zones, and industrial clusters.

Chapter II. PROTECTION OF ENVIRONMENTAL COMPONENTS AND NATURAL HERITAGES

Section 1. PROTECTION OF WATER ENVIRONMENTS

Article 4. Contents of plans on management of surface water environment quality

The principal contents of a plan on management of surface water environment quality are provided in Clause 2, Article 9 of the Law on Environmental Protection. Some contents are detailed as follows:

1. Regarding assessment of surface water environment quality; identification of daily-life water sanitation protection areas and surface water source protection corridors; and identification of bio-aquatic areas:

a/ State of and changes in surface water environment quality for rivers and lakes over the past 3 or more years;

b/ General state of daily-life water sanitation protection areas, surface water source protection corridors, and bio-aquatic areas already identified under the law on water resources.

2. Regarding types and total amount of pollutants discharged into the surface water environment:

a/ Results of summarization and assessment of the total amount of each pollutant selected for assessment of the load capacity of the surface water environment from point sources of pollution and nonpoint sources of pollution already surveyed and assessed under Point b, Clause 2, Article 9 of the Law on Environmental Protection;

b/ Forecast of the amount of pollutants to be generated from point sources of pollution and nonpoint sources of pollution in the planning period.

3. Regarding assessment of load capacity, wastewater discharge zoning and limits:

a/ Summarization of results of assessment of the load capacity of the surface water environment based on available results over the past 3 years at most and results of additional survey and assessment; determination of the roadmap for assessing the load capacity of the surface water environment during the implementation of the plan;

b/ Wastewater discharge zoning according to the purpose of protection and quality improvement of the surface water environment on the basis of results of assessment of the load capacity of the surface water environment and environmental zoning (if any);

c/ Determination of wastewater discharge limits for each section of river or lake on the basis of results of assessment of the load capacity of the surface water environment and wastewater discharge zoning.

4. Forecast of the trend of changes in surface water environment quality based on the following contents:

a/ Forecast of the amount of pollutants to be generated from point sources of pollution and nonpoint sources of pollution in the subsequent 5-year period;

b/ Results of implementation of the contents specified in Clauses 1, 2 and 3 of this Article.

5. Regarding the plan’s objectives and targets:

a/ Surface water quality-related objectives and targets to be achieved over the 5-year period with regard to each section of river or lake based on actual requirements on socio-economic development and environmental protection; water quality-related objectives of inner-provincial rivers and lakes must conform to those of inter-provincial ones;

b/ Objectives and roadmaps for reduction of wastewater discharged into sections of rivers and lakes which cannot receive any more wastewater with a view to improving water quality, specifically: total amount of pollutants to be reduced with regard to each pollutant that the surface water environment can no longer receive; distribution of the amount of pollutants to be reduced by group of pollution sources, and the roadmap for implementation.

6. Regarding measures to prevent and reduce surface water environment pollution; solutions to cooperation, sharing of information and management of cross-border surface water pollution:

a/ The measures mentioned in Clause 2, Article 7 of the Law on Environmental Protection for sections of rivers and lakes that cannot receive any more discharged wastewater;

b/ Measures and solutions for protection of daily-life water sanitation protection areas, surface water source protection corridors, and bio-aquatic areas under the law on water resources;

c/ Mechanisms and policies for implementation of the roadmaps specified at Points a and b, Clause 4 of this Article;

d/ Measures and solutions for controlling sources of wastewater discharged into the surface water environment;

dd/ Establishment of systems for monitoring and warning changes in surface water environment quality, including also cross-border surface water environment quality, in conformity with the national master plan on environmental monitoring and environmental monitoring contents in relevant regional and provincial master plans;

e/ Measures and solutions for cooperation and sharing of information on cross-border surface water environment quality;

g/ Other measures and solutions.

7. Regarding solutions for protection and quality improvement of the surface water environment:

a/ Scientific and technological solutions for treatment and quality improvement of the surface water environment;

b/ Solutions concerning mechanisms and policies;

c/ Solutions concerning organization and mobilization of the participation of agencies, organizations and communities;

d/ Other construction and non-construction solutions.

8. Organization of implementation:

a/ Assignment of responsibilities to the in-charge agency and coordinating agencies for implementation of the plan;

b/ Mechanisms for supervising, reporting and urging implementation;

c/ List of priority projects and tasks for achievement of the plan’s objectives;

d/ Mechanism for allocation of resources for implementation.

Article 5. Order and procedures for issuance of plans on management of surface water environment quality

1. A plan on management of surface water environment quality shall be issued for every inter-provincial river or lake which is important to socio-economic development and environmental protection according to the following provisions:

a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and provincial-level People’s Committees in, formulating, approving and implementing a scheme on survey and assessment of, and formulating a draft plan on management of surface water environment quality for, every inter-provincial river or lake;

b/ The Ministry of Natural Resources and Environment shall send the draft plan on management of surface water environment quality for every inter-provincial river or lake to related provincial-level People’s Committees, ministries and ministerial-level agencies for collecting the latter’s written opinions; study, assimilate, and respond to the collected opinions, then finalize the draft plan and submit it to the Prime Minister for consideration and issuance. A dossier to be submitted to the Prime Minister must comprise: a request for issuance of the plan; the draft plan; a draft decision issuing the plan; a report on response to and assimilation of collected opinions; and written opinions of related agencies;

c/ Based on state management requirements and proposals of provincial-level People’s Committees, the Ministry of Natural Resources and Environment shall consider and decide to assign provincial-level People’s Committees to assume the prime responsibility for, and coordinate with related ministries and agencies in, formulating plans on management of surface water environment quality for every inter-provincial river or lake.

The assigned provincial-level People’s Committees shall perform the responsibilities of the Ministry of Natural Resources and Environment to formulate, collect opinions on, and finalize draft plans under Points a and b of this Clause; and send a dossier specified at Point b of this Clause to the Ministry of Natural Resources and Environment for consideration and submission of the plans to the Prime Minister for issuance.

2. A plan on management of surface water environment quality for inner-provincial rivers and lakes that are important to socio-economic development and environmental protection shall be formulated for all or each of these rivers and lakes according to the following provisions:

a/ The provincial-level specialized agency in charge of environmental protection shall assume the prime responsibility for, and coordinate with related departments, sectors and district-level People’s Committees in, formulating, approving and implementing a scheme on survey and assessment, and formulating a draft plan on management of surface water environment quality for inner-provincial rivers
and lakes;

b/ The provincial-level specialized agency in charge of environmental protection shall send the draft plan on management of surface water environment quality for inner-provincial rivers and lakes to related district-level People’s Committees, departments and sectors and the provincial-level specialized agencies in charge of environmental protection of adjacent provinces and centrally run cities for collecting the latter’s written opinions; study, assimilate and respond to the collected opinions, then finalize the draft plan and submit it to the provincial-level People’s Committee for consideration and issuance. A dossier to be submitted to the provincial-level People’s Committee must comprise: a request for issuance of the plan; the draft plan; a draft decision issuing the plan; a report on response to and assimilation of collected opinions; and written opinions of related agencies.

3. The identification of rivers and lakes important to socio-economic development and environmental protection shall be based on the state of surface water environment quality, state of waste sources, demands for use of water sources for socio-economic development purposes and objectives of protection and quality improvement of the surface water environment, and other state management requirements
on environmental protection.

4. Plans on management of surface water environment quality for inter-provincial rivers and lakes must conform to the national master plan on environmental protection. In case the national master plan on environmental protection has not been issued yet, plans on management of surface water environment quality for inter-provincial rivers and lakes must meet state management requirements and be reviewed and updated to conform to the national master plan on environmental protection after it is issued.

5. Plans on management of surface water environment quality for inner-provincial rivers and lakes must conform to the national master plan on environmental protection and environmental protection contents in relevant regional and provincial master plans. In case the national master plan on environmental protection and environmental protection contents in relevant regional and provincial master plans have not been issued yet, plans on management of surface water environment quality for inner-provincial rivers and lakes must meet state management requirements and be reviewed and updated to conform to the national master plan on environmental protection and relevant regional and provincial master plans after they are issued.

6. The plans on management of surface water environment quality mentioned in Clauses 1 and 2 of this Article shall be formulated in conformity with relevant 5-year socio-economic development plans. Before June 30 of the fourth year of the current medium-term public investment plan, the agency that has approved the plan shall direct the review and evaluation of the implementation of the plan, and formulate and approve a plan for the subsequent period for use as a basis for proposing a medium-term public investment plan.

Section 2. PROTECTION OF THE AIR ENVIRONMENT

Article 6. Contents of the national plan on management of air environment quality

The principal contents of the national plan on management of air environment quality are provided in Clause 3, Article 13 of the Law on Environmental Protection. Some contents are detailed as follows:

1. Regarding evaluation of the national-level management of the air environment and control of air environment pollution, and identification of major causes of air environment pollution:

a/ State of and changes in the quality of the national air environment over the past 3 or more years; total amount of emissions causing air environment pollution and space-based allocation of emissions from point sources of pollution, mobile sources of pollution and nonpoint sources of pollution; and effects of air environment pollution on the community well-being;

b/ Results of implementation of air environment quality monitoring programs, automatic and continuous air environment quality and industrial emission monitoring stations; use of monitoring data to serve the evaluation of changes in and management of air environment quality over the past 3 or more years;

c/ The national-level air environment quality management over the past 3 or more years; problems and shortcomings;

d/ Identification of major causes of air environment pollution.

2. Air environment quality management objectives:

a/ Overall objective: To enhance the effectiveness and efficiency of air environment quality management in conformity with relevant socio-economic development and environmental protection plans in the planning period;

b/ Specific objectives: To quantify the targets for reducing the total amount of emissions generated from main sources; to improve air environment quality.

3. Tasks and solutions for air environment quality management:

a/ Mechanisms and policies;

b/ Tasks and solutions on science and technology for improving air environment quality;

c/ Tasks and solutions concerning air environment quality management and control.

4. Priority programs and projects for implementation of the tasks and solutions mentioned in Clause 3 of this Article.

5. Inter-regional and inter-provincial coordination regulations and measures to manage air environment quality, which must have the contents and measures of coordination in the treatment of air environment pollution and management of air environment quality; responsibilities of related agencies and organizations in inter-regional and inter-provincial management of air environment quality; collection, reporting and disclosure of information in case the air environment is polluted.

6. Organization of implementation of the national plan on management of air environment quality, covering:

a/ Assignment of responsibilities to the in-charge agency and coordinating agencies in implementing the plan;

b/ Mechanisms for supervision, reporting, and urging of implementation;

c/ List of priority programs and projects for implementation of the tasks and solutions set out in the plan;

d/ Mechanisms for allocation of resources for implementation.

Article 7. Order and procedures for issuance of the national plan on management of air environment quality

1. The national plan on management of air environment quality shall be issued according to the following provisions:

a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the formulation, approval and implementation of a scheme on survey, evaluation, and preparation of a draft national plan on management, of air environment quality;

b/ The Ministry of Natural Resources and Environment shall send the draft national plan on management of air environment quality to related provincial-level People’s Committees, ministries and ministerial-level agencies for collecting the latter’s written opinions; study, assimilate and respond to the collected opinions, finalize the draft plan, and submit it to the Prime Minister for consideration and issuance. A dossier submitted to the Prime Minister must comprise: a request for issuance of the national plan on management of air environment quality; the draft plan, and a draft decision issuing the plan; a report summing up and responding to the collected opinions on the draft plan; and written opinions of related agencies.

2. The national plan on management of air environment quality must conform to the national master plan on environmental protection. In case the national master plan on environmental protection has not been issued yet, the national plan on management of air environment quality must meet state management requirements on environmental protection and be reviewed and updated to conform to the national master plan on environmental protection after it is issued.

3. The national plan on management of air environment quality shall be formulated in conformity with the relevant 5-year socio-economic development plan. Before June 30 of the fourth year of the current medium-term public investment plan, the agency that has approved such public investment plan shall direct the review and evaluation of its implementation, and formulate and approve a plan for the subsequent period for use as a basis for proposing a medium-term public investment plan.

Article 8. Contents of provincial-level plans on management of air environment quality

The principal contents of a provincial-level plan on management of air environment quality are provided in Clause 4, Article 13 of the Law on Environmental Protection. Some contents are detailed as follows:

1. Regarding assessment of air environment quality in the locality: state of air environment quality in urban, rural and other areas.

2. Regarding assessment of the management of air environment quality; monitoring of the air environment; identification and assessment of major emission sources; emission inventory; modeling of air environment quality; situation and efficiency of currently applied solutions for air quality management; state of monitoring programs and systems; summarization, identification and assessment of major emission sources (point sources of pollution, mobile sources of pollution, and nonpoint sources of pollution); inventory of major emission sources and modeling of air environment quality.

3. Analysis and identification of causes of air environment pollution: objective causes from seasonal hydrology, weather and climate elements, inter-provincial and cross-border pollution issues (if any); subjective causes from socio-economic development activities generating gas emissions causing air pollution (point sources of pollution, mobile sources of pollution, and nonpoint sources of pollution).

4. Regarding assessment of effects of air pollution on the community well-being: information and data on the number of ill people who are affected by air pollution (if any); results of assessment of effects of air pollution on the health of local inhabitants.

5. Objectives and scope of management of air environment quality: state of and changes in air environment quality, and state of air environment quality management in the locality.

6. Tasks and solutions for air environment quality management:

a/ Mechanisms and policies;

b/ Tasks and solutions concerning science and technology for improving air environment quality;

c/ Tasks and solutions concerning air environment quality management and control.

7. Organization of implementation of a provincial-level plan on management of air environment quality, covering:

a/ Assignment of responsibilities to the in-charge agency and coordinating agencies in implementation of the plan;

b/ Mechanisms for supervision, reporting, and urging of implementation;

c/ Mechanisms for allocation of resources for implementation.

8. Provincial-level People’s Committees shall organize the formulation of provincial-level plans on management of air environment quality according to the technical guidance of the Ministry of Natural Resources and Environment.

Article 9. Order and procedures for issuance of a provincial-level plan on management of air environment quality

1. A provincial-level plan on management of air environment quality shall be issued according to the following provisions:

a/ The provincial-level specialized agency in charge of environmental protection shall assume the prime responsibility for, and coordinate with related departments, sectors and district-level People’s Committees in, formulating, approving and implementing a scheme on survey and evaluation, and formulating a draft provincial-level plan on management of air environment quality;

b/ The provincial-level specialized agency in charge of environmental protection shall send the draft provincial-level plan on management of air environment quality to related departments, sectors and district-level People’s Committees and the specialized agencies in charge of environmental protection of adjacent provinces and centrally run cities in case of necessity for collecting the latter’s written opinions; study, assimilate and respond to the collected opinions, finalize the draft plan, and submit it to the provincial-level People’s Committee for consideration
and issuance.

A dossier submitted for issuance of a provincial-level plan on management of air environment quality must comprise: a request for issuance of the plan; the draft plan; a draft decision issuing the plan; a report summarizing and responding to the collected opinions for finalizing the draft plan; and written opinions of related agencies.

2. A provincial-level plan on management of air environment quality must conform to the national master plan on environmental protection and environmental protection contents in relevant regional and provincial master plans. In case the national master plan on environmental protection and relevant regional and provincial master plans have not been issued yet, a provincial-level plan on management of air environment quality must meet state management requirements on environmental protection and be reviewed and updated to conform to the national master plan on environmental protection and relevant regional and provincial master plans after they are issued.

3. A provincial-level plan on management of air environment quality shall be formulated in conformity with the relevant 5-year socio-economic development plan. Before June 30 of the fourth year of the current medium-term public investment plan, the agency that has approved such public investment plan shall direct the review and evaluation of the implementation of the plan, and formulate and approve a plan for the subsequent period for use as a basis for proposing a medium-term public investment plan.

Article 10. Implementation of urgent measures in case the air environment is seriously polluted

1. In case the air environment is seriously polluted due to environmental incidents, the response to environmental incidents must comply with the provisions of Section 1, Chapter X of the Law on Environmental Protection.

2. In case the air environment is seriously polluted but not to the level falling into the case specified in Clause 1 of this Article, the competent agencies defined in Clauses 1 and 3, Article 14 of the Law on Environmental Protection shall direct the implementation of the following urgent measures:

a/ Restricting, suspending, or adjusting the time of operation of production establishments that emit a large amount of dust or emissions into the environment and carry out production activities likely to cause environmental pollution;

b/ Restricting or rerouting road traffic;

c/ Suspending or adjusting the working time of pollution-affected agencies, organizations and schools;

d/ Suspending outdoor activities involving large numbers of people.

3. In case the air environment is seriously polluted in inter-regional, inter-provincial or cross-border areas as specified at Point a, Clause 5 of this Article, the Ministry of Natural Resources and Environment shall report such to the Prime Minister for directing the application of the urgent measures mentioned in Clause of this Article. Provincial-level People’s Committees shall organize the implementation of urgent measures in their respective localities according to the Prime Minister’s direction.

4. In case the air environment is seriously polluted in inner-provincial areas as specified at Point b, Clause 5 of this Article, provincial-level People’s Committees shall organize the implementation of the measures mentioned in Clause 2 of this Article.

5. Serious pollution of the air environment is defined as follows:

a/ The air environment shall be regarded as seriously polluted in inter-regional or inter-provincial areas when the Vietnam air quality index (VN_AQI) on a daily basis equals or exceeds 301 as stated in results of monitoring carried out by the national environmental monitoring station or related local environmental monitoring stations in two or more adjacent provinces or centrally run cities for 3 consecutive days;

b/ The air environment shall be regarded as seriously polluted in provincial-level areas when the VN_AQI on a daily basis equals or exceeds 301 as stated in results of monitoring carried out by the national environmental monitoring station or related local monitoring station in the locality for 3 consecutive days.

Section 3. PROTECTION OF THE SOIL ENVIRONMENT

Article 11. Responsibilities of agencies, organizations, resident communities, households and individuals in protecting the soil environment

1. The implementation of investment projects, operation of establishments, concentrated production, business or service zones, industrial clusters, agricultural production activities, use of cemetery land, use of land of rivers, canals, ditches or streams, and dedicated water surface must have measures to prevent and minimize adverse effects on the soil environment, neither causing soil pollution or soil quality deterioration or degradation nor resulting in loss or reduction of the usability of land according to designated purposes.

2. The repurposing of land currently under rice cultivation to growing annual trees or perennial trees or rice cultivation combined with aquaculture must not cause soil pollution or deterioration and must comply with the land law.

3. The use of land for mining or production of building materials or ceramics must neither exert adverse effects on the environmental landscape nor obstruct water flows; the land area shall be restored to the original surface condition at the request of the land-allocating or -leasing agencies in accordance with the land law.

Article 12. Areas subject to soil environment quality survey, assessment and classification

1. Areas subject to soil environment quality survey, assessment and classification include:

a/ Areas contaminated with chemicals during wartime;

b/ Areas where concentrated production, business or service zones, industrial clusters, chemical warehouses, pesticide warehouses, or craft villages had operated before they were closed or relocated;

c/ Areas where production establishments had operated before they were closed or relocated and they carried out any of the following activities: exploiting and processing toxic minerals or metal minerals; processing minerals involving the use of toxic chemicals; manufacturing cast iron or iron and conducting metallurgy (except rolling, spinning or founding metals from drafts); producing inorganic basic chemicals (except industrial gases), inorganic fertilizers (except mixing, extracting and packaging), chemical pesticides (except mixing and extracting); oil refining and petrochemistry; thermal power (except use of gases and DO); recycling and treatment of domestic solid wastes, normal industrial solid wastes and hazardous wastes; carrying out the stages of coating and cleaning metal surface with toxic chemicals; and producing batteries;

d/ Chemical- or pesticide-polluted areas.

2. Soil environment quality survey and assessment include preliminary survey and assessment and detailed survey and assessment.

Article 13. Survey, assessment, treatment, remediation and rehabilitation of the soil environment polluted by organizations and individuals

1. Agencies, organizations, resident communities, households and individuals that cause soil environment pollution shall carry out detailed survey and assessment according to Article 16 of this Decree; and work out and implement plans on treatment, remediation and rehabilitation of polluted areas according to Article 17 of this Decree.

2. Plans on soil environment treatment, remediation and rehabilitation shall be sent to provincial-level specialized agencies in charge of environmental protection for organizing examination and supervision.

Article 14. Soil environment survey, assessment, treatment, remediation and rehabilitation falling within the State’s responsibility

1. Provincial-level People’s Committees shall direct provincial-level specialized agencies in charge of environmental protection to organize the preliminary survey and assessment of the areas specified in Clause 1, Article 12 of this Decree; carry out detailed survey and assessment, and devise plans on treatment, remediation and rehabilitation of areas that were historically polluted or where polluters are unidentifiable in their localities according to Articles 16 and 17 of this Decree for use as a basis to formulate projects under Clause 2 of this Article.

2. Provincial-level People’s Committees shall approve projects on treatment, remediation and rehabilitation of the polluted areas mentioned in Clause 1 of this Article in accordance with the law on the state budget.

3. The Ministry of National Defense and Ministry of Public Security shall direct the preliminary survey and assessment of land areas designated for national defense and security purposes, and detailed survey and assessment of polluted land areas for national defense and security purposes under Article 16 of this Decree; and approve projects on treatment, remediation and rehabilitation of polluted land areas for national defense and security purposes for which survey and assessment have been carried out under Article 16 of this Decree and the law on the state budget.

4. Provincial-level People’s Committees, the Ministry of National Defense and Ministry of Public Security shall send to the Ministry of Natural Resources and Environment results of treatment, remediation and rehabilitation of the polluted areas specified in Clauses 2 and 3 of this Article.

5. It is encouraged to diversify funding sources for soil environment treatment, remediation and rehabilitation in accordance with law.

Article 15. Preliminary survey and assessment of soil environment quality

1. Preliminary survey and assessment of the land areas specified in Clause 1, Article 12 of this Decree aim to assess and detect pollutants with their contents exceeding allowable limits stated in environmental technical regulations regarding soil quality, and identify causes of pollution and polluters. The results of preliminary survey and assessment serve as a basis for identification, zoning and management of areas likely to be affected by soil environment pollution and areas with the polluted soil environment under Clauses 2, 3 and 4, Article 17 of the Law on Environmental Protection.

2. Contents of preliminary survey and assessment:

a/ Collecting and reviewing documents relating to land areas to be surveyed and assessed;

b/ Surveying polluted areas;

c/ Taking and analyzing samples for determining contents of pollutants, identifying sources of pollution, and carrying out preliminary assessment and determination of pollution levels;

d/ Preparing reports on results of preliminary survey and assessment according to the form issued by the Ministry of Natural Resources and Environment.

3. Based on results of preliminary survey and assessment, the agencies defined in Clause 4 of this Article shall:

a/ Disclose information and preliminarily zone off the polluted areas for detailed survey and assessment;

b/ Disclose information and zone off areas likely to be affected by pollution for monitoring and supervision.

Article 16. Detailed survey and assessment of polluted areas

1. Detailed survey and assessment of polluted areas aim to identify residual pollutants and their contents, and sources of residual pollutants; classify levels, scale and scope of impacts of environmental pollution; and propose measures for environmental treatment, remediation and rehabilitation.

2. Contents of detailed survey and assessment:

a/ Preparing detailed plans on field surveys;

b/ Surveying and taking samples at sites based on the scope of distribution of contents of residual pollutants; analyzing and assessing in detail, and identifying the composition and characteristics of residual pollutants, and levels, scale and impacts on the environment;

c/ Drawing maps of polluted areas with information on pollutants and levels and scope of pollution;

d/ Preparing reports on results of detailed survey and assessment of polluted areas according to the form issued by the Ministry of Natural Resources and Environment.

3. Results of detailed survey and assessment will serve as a basis for making plans on environmental treatment, remediation and rehabilitation and identification of responsibilities to treat, remediate and rehabilitate polluted areas.

4. The Ministry of Natural Resources and Environment shall provide technical guidance on approaches, methods and networks for taking samples to carry out on-field preliminary and detailed analysis of soil environment quality.

Article 17. Environmental treatment, remediation and rehabilitation

1. The treatment, remediation and rehabilitation of polluted areas shall be based on reports on results of preliminary survey and assessment and detailed survey and assessment specified in Articles 15 and 16 of this Decree and plans on environmental treatment, remediation and rehabilitation.

2. Principal contents of a plan on environmental treatment, remediation and rehabilitation:

a/ General information on polluted areas;

b/ Results of survey and assessment of the level of pollution in the areas;

c/ Selection of on-spot treatment or transportation of pollutants to designated places for treatment under regulations;

d/ Facilities, technical measures, and technologies for minimizing or removing residual pollutants in polluted areas; table for comparison of technical measures, enclosed with analyses for choosing the optimal option;

dd/ Roadmap and plan for implementation of the selected option;

e/ Supervision and control during and after the treatment.

3. After completion of the treatment, remediation and rehabilitation of the soil environment, the subjects defined in Clause 1, Article 13 of this Decree shall report on results thereof to provincial-level specialized agencies in charge of environmental protection.

4. For areas that were historically polluted or where polluters are unidentifiable, after completing the treatment, remediation and rehabilitation of the soil environment, provincial-level People’s Committees shall disclose or authorize provincial-level specialized agencies in charge of environmental protection to disclose information on treatment, remediation and rehabilitation results to the community.

5. The Minister of Natural Resources and Environment shall issue a form of the plan on environmental treatment, remediation and rehabilitation mentioned in Clause 2 of this Article.

6. The Ministry of Agriculture and Rural Development shall direct and guide the implementation of technical solutions and advances in agricultural production in order to protect, remediate and rehabilitate agricultural land and improve its fertility.

Article 18. Plans on treatment, remediation and rehabilitation of seriously polluted areas

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and provincial-level People’s Committees in, formulating and submitting to the Prime Minister for promulgation plans on treatment, remediation and rehabilitation of seriously polluted areas under Point c, Clause 1, Article 19 of the Law on Environmental Protection; organize the implementation of the contents of plans as assigned; and monitor, summarize and report on the implementation of plans to the Prime Minister.

2. Contents of a plan on treatment, remediation and rehabilitation of seriously polluted areas:

a/ Overall assessment of the pollution state; identification of major causes of the pollution; problems and shortcomings and causes thereof in the management of soil environment quality;

b/ Overall objectives and specific targets of the plan in conformity with the relevant national 5-year socio-economic development plan;

c/ Tasks and solutions proposed for treatment, remediation and rehabilitation of seriously polluted areas;

d/ Priority programs and projects for implementing the set tasks and solutions;

dd/ Allocation of funds for implementation of the plan;

e/ Organization of implementation of the plan: responsibilities of the in-charge agency and coordinating agencies; mechanisms for supervising, reporting and urging the implementation; and mechanism for allocation of resources for implementation.

3. Based on survey results, before December 25 every year, provincial-level People’s Committees, the Ministry of National Defense and Ministry of Public Security shall summarize and send to the Ministry of Natural Resources and Environment lists of seriously polluted areas, made according to a form issued by the Ministry of Natural Resources and Environment.

Section 4. PROTECTION OF THE NATURAL HERITAGE ENVIRONMENT

Article 19. Criteria, order, procedures and competence for establishment and recognition of other natural heritages referred to in the Law on Environmental Protection

1. The establishment and recognition of the natural heritages referred to at Point c, Clause 1, Article 20 of the Law on Environmental Protection shall be based on one of the criteria specified in Clause 2, Article 20 of the Law on Environmental Protection and assessed depending on the levels of their positive and significant effects on the communities, localities, countries, regions and the world. Criteria for some specific categories of natural heritages are provided in Clauses 2 and 3 of this Article.

2. Biosphere reserve is an area that satisfies the criterion of having a special biodiversity value in need of conservation as specified at Point b, Clause 2, Article 20 of the Law on Environmental Protection, and is provided in detail as follows:

a/ It has a combination of ecosystems representing a biogeographic region;

b/ It has clear boundaries for management zoning in accordance with this Decree and enables performance of various activities, development and piloting of the model of combination of biodiversity conservation, use of ecosystem services, sustainable socio-economic development, promotion of science and technology research, public communication and education about environmental protection, and nature and biodiversity conservation.

3. Geopark is an area that satisfies the criterion specified at Point c, Clause 2, Article 20 of the Law on Environmental Protection and is provided in detail as follows:

a/ It has clear and uninterrupted geographical and administrative boundaries, accommodating a collection of geological heritages of scientific, educational and economic values;

b/ It has prominent and unique characteristics evidencing the important geological processes in the history of evolution and development of the Earth and, at the same time, is a place of convergence of natural and biodiversity values that are researched, assessed, conserved, exploited and used in an overall and sustainable manner.

4. Order and procedures for establishment and recognition of other natural heritages:

a/ Organizing the survey and assessment of areas where other natural heritages are expected to be established;

b/ Formulating projects on establishment of natural heritages;

c/ Collecting opinions of related agencies and organizations and consulting communities about projects on establishment of natural heritages;

For a natural heritage with the boundaries located in 2 or more provinces or centrally run cities, the Ministry of Natural Resources and Environment shall collect opinions of related ministries, ministerial-level agencies and provincial-level People’s Committees;

d/ Organizing appraisal of dossiers of projects on establishment of natural heritages;

dd/ Finalizing the dossiers and submitting them to competent authorities for issuance of decisions on recognition of natural heritages.

5. Responsibilities for formulating and appraising projects on establishment of, and competence to recognize, other natural heritages

a/ For a provincial-level natural heritage mentioned at Point a, Clause 4, Article 21 of this Decree:

The provincial-level People’s Committee shall organize the formulation of a project on establishment of the provincial-level natural heritage in its locality, organize appraisal of the project, and recognize such natural heritage; organizations, individuals and communities are encouraged to propose the establishment of natural heritages mentioned at this Point.

The chairperson of the provincial-level People’s Committee shall form a council for appraisal of the project on establishment of the provincial-level natural heritage, which shall be composed of representatives of the provincial-level People’s Committee, related departments and sectors, district-level People’s Committees of the localities where the natural heritage site is located, and experts and scientists in relevant fields;

b/ For a national-level natural heritage mentioned at Point b, Clause 4, Article 21 of this Decree:

The provincial-level People’s Committee shall organize the formulation of a project on establishment of the national-level natural heritage in its locality and send it to the Ministry of Natural Resources and Environment for appraisal and submit a dossier thereof to the Prime Minister for recognition of the national-level natural heritage;

The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the provincial-level People’s Committee in, organizing the formulation of a project on establishment of a natural heritage, appraise the dossier of the project, and submit it to the Prime Minister for approval and recognition of the natural heritage, for a natural heritage located in 2 or more provinces or centrally run cities or located in a sea area which does not fall under the administrative management responsibility of a certain provincial-level People’s Committee;

A project appraisal council shall be composed of representatives of the Ministries of: Foreign Affairs; Culture, Sports and Tourism; and Agriculture and Rural Development, related ministries and ministerial-level agencies, provincial-level People’s Committees of the localities where the to-be-recognized natural heritage is located, and a number of organizations, experts and scientists in relevant fields.

6. Dossiers for and contents of appraisal of projects on establishment of other natural heritages

a/ A dossier for appraisal of a project on establishment of a natural heritage must comprise: a report on the project; written opinions of related agencies about the project; and a request for appraisal of the project;

b/ Contents of appraisal of a project on establishment of a natural heritage: level of satisfaction of criteria for establishment of a cultural heritage; geographical location, boundaries and area of the natural heritage site, and sub-zones for management of the natural heritage; objectives of management of the natural heritage; contents of management of the natural heritage and plan for protection of the natural heritage environment; model of management organization; resources for and organization of management of the natural heritage.

7. The Ministry of Natural Resources and Environment shall issue forms of request for appraisal and report on a project on establishment of other natural heritages mentioned at Point c, Clause 1, Article 20 of the Law on Environmental Protection; and provide guidance for establishment and recognition of other natural heritages mentioned in this Article.

Article 20. Order, procedures and competence for nominating natural heritages to international organizations for recognition

1. The management unit (if any) or the organization assigned to manage a natural heritage shall prepare a dossier for proposing the concerned international organization to recognize the international title for the natural heritage and submit the dossier to a competent agency for consideration and appraisal in accordance with this Article.

The provision of technical guidance, appraisal of dossiers, and nomination of natural heritages to international organizations for recognition under Clause 2, Article 31 of the Law on Cultural Heritages must comply with the law on cultural heritages.

2. Appraisal and submission for approval of the policy to nominate natural heritages to international organizations for recognition:

a/ For a natural heritage located in 1 province or centrally run city, a nomination dossier shall be sent to the provincial-level People’s Committee for consideration and to the Ministry of Natural Resources and Environment for appraisal.

For a natural heritage located in 2 or more provinces or centrally run cities or located in a sea area which does not fall under the administrative management responsibility of a certain provincial-level People’s Committee, the management unit or the organization assigned to manage such natural heritage shall submit a nomination dossier to the Ministry of Natural Resources and Environment for appraisal after reaching a written agreement with the provincial-level People’s Committees of the localities where the natural heritage is located;

b/ A dossier appraisal council shall be composed of representatives of the Ministries of: Foreign Affairs; Culture, Sports and Tourism; and Agriculture and Rural Development, related ministries and ministerial-level agencies, the provincial-level People’s Committee of the locality where the natural heritage is located, and a number of organizations, experts and scientists in relevant fields;

c/ Contents of appraisal include satisfaction of criteria for a natural heritage to be nominated for receiving the international title; geographical location, boundaries and area of the natural heritage site, and sub-zones of the natural heritage; objectives of management of the natural heritage; contents of management of the natural heritage and plan for protection of the natural heritage environment; model of management organization; resources for and organization of management of the natural heritage after it is recognized;

d/ The Ministry of Natural Resources and Environment shall coordinate with the provincial-level People’s Committee in finalizing the dossier after the appraisal council concludes its meeting, and submit it to the Prime Minister for the latter to approve the policy to nominate the natural heritage to the concerned international organization for awarding its international title.

3. After having the policy approved by the Prime Minister, the Ministry of Natural Resources and Environment shall coordinate with the Ministry of Foreign Affairs and provincial-level People’s Committee in finalizing and sending the dossier for nominating the natural heritage for recognition under regulations of the concerned international organization.

4. The Ministry of Natural Resources and Environment shall provide technical guidance for nomination of, and recognition of international titles for, Vietnam’s natural heritages under regulations of international organizations; designate focal points for contacting international organizations so as to provide technical guidance and assistance on environmental management and protection and nature and biodiversity conservation with regard to recognized natural heritages.

Article 21. Survey, assessment, management and protection of the natural heritage environment

1. Survey and assessment of natural heritages include survey and assessment carried out once every 5 years and other survey and assessment activities carried out in accordance with relevant laws. Periodical survey and assessment cover:

a/ Environmental developments and natural values in need of protection and conservation based on the criteria for establishment and recognitions of natural heritages;

b/ Socio-economic development activities that exert adverse impacts on the natural heritage environment; exploitation and use of values of natural resources and ecosystem services of natural heritages;

c/ Restoration of natural ecosystems, protection and conservation of values of the nature and biodiversity of natural heritages; implementation of solutions to protect the natural heritage environment in accordance with law;

d/ Other contents as specified in relevant laws.

2. The management unit or organization assigned to manage a natural heritage shall carry out periodical survey and assessment based on the contents specified in Clause 1 of this Article; send a report thereon to the provincial-level People’s Committee of the locality where the natural heritage is located, and update results of survey and assessment based on the contents specified in Clause 1 of this Article to the national biodiversity database and specialized databases in accordance with relevant laws.

The Minister of Natural Resources and Environment shall issue a form of the report mentioned in this Clause.

3. Based on their prominent values in need of protection and conservation, natural heritages shall be divided into the following groups, and they shall be managed and allocated with priority resources for environmental protection and nature and biodiversity conservation in accordance with this Decree and relevant laws:

a/ Group of important eco-landscape heritages and natural heritages, including natural heritages established and recognized when satisfying the criteria specified at Point a, Clause 2, Article 20 of the Law on Environmental Protection; protected landscapes established in accordance with the laws on biodiversity, forestry, and fisheries; and scenic places and beauty spots recognized as cultural heritages in accordance with the law on cultural heritages;

b/ Group of high-biodiversity heritages, including natural heritages established and recognized when satisfying the criteria specified at Point b, Clause 2, Article 20 of the Law on Environmental Protection; nature reserves and species-habitat management areas established in accordance with the laws on biodiversity, forestry, and fisheries; and biosphere reserves mentioned in Clause 2, Article 19 of this Decree;

c/ Group of typical geological and geomorphological heritages, including natural heritages established and recognized when satisfying the criteria specified at Point c, Clause 2, Article 20 of the Law on Environmental Protection; and geoparks mentioned in Clause 3, Article 19 of this Decree;

d/ Group of important eco-environmental heritages, including natural heritages established and recognized when satisfying the criteria specified at Point d, Clause 2, Article 20 of the Law on Environmental Protection;

dd/ Group of natural heritage parks, including natural heritages established and recognized when satisfying 2 or more of the criteria specified in Clause 2, Article 20 of the Law on Environmental Protection; and national parks prescribed in the laws on biodiversity, forestry, and fisheries.

4. Based on their area, scope of impacts, significance and importance in terms of values in need of protection and conservation, natural heritages shall be classified into the following levels:

a/ Provincial-level natural heritages, including provincial-level protected areas specified in the laws on biodiversity, forestry, and fisheries; scenic places and beauty spots ranked as provincial-level relics under the law on cultural heritages; provincial-level important wetlands specified in the law on biodiversity; and natural heritages mentioned in Article 19 of this Decree with positive impacts, significance, value and importance to environmental protection and nature and biodiversity conservation of localities;

b/ National-level natural heritages, including national-level protected areas specified in the laws on biodiversity, forestry, and fisheries; scenic places and beauty spots ranked as national-level relics under the law on cultural heritages; national-level important wetlands specified in the law on biodiversity; and natural heritages mentioned in Article 19 of this Decree with positive impacts, significance, value and importance to environmental protection and nature and biodiversity conservation of the country;

c/ Special national-level natural heritages, including scenic places and beauty spots ranked as special national-level relics under the law on cultural heritages, world natural heritages, world biosphere reserves, and global geoparks recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO); wetlands of international importance (Ramsar sites) recognized by the Secretariat of the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention); ASEAN heritage parks recognized by the ASEAN Secretariat, and natural heritages recognized by international organizations.

5. Natural heritages will have their locations, area, boundaries of core zones, buffer zones, and transitional zones (if any) identified according to the following provisions:

a/ Core zone is an area with core values identified according to the criteria for establishment and recognition of natural heritages and is effectively managed and protected. Core zones include protected areas; level-I protected zones of scenic places and beauty spots recognized as cultural heritages under the law on cultural heritages; and areas with core values in need of protection of their intactness and preservation of natural primitive characteristics of the natural heritages mentioned in Articles 19 and 20 of this Decree.

The division of protected areas into functional zones must comply with the laws on biodiversity, forestry, and fisheries;

b/ Buffer zones include areas with values in need of protection lower than that for core zones of natural heritages; level-II protected zones of scenic places and beauty spots recognized as cultural heritages under the law on cultural heritages; and areas adjacent to the core zones of the natural heritages that function to prevent or mitigate the adverse impacts of socio-economic development activities outside the natural heritages on the core zones;

c/ Transitional zones include areas connected with buffer zones where socio-economic development activities take place and need to be controlled to ensure suitability and harmony with the protection and conservation objectives of the establishment and recognition of natural heritages.

6. The management and protection of the natural heritage environment will be given priority access to resources and must comply with treaties to which Vietnam is a contracting party, relevant laws, and the following provisions:

a/ Regulations and plans on environmental management and protection:

Provincial-level People’s Committees shall organize the formulation and approval of regulations and plans on management and protection of the environment of natural heritages based in their respective localities. The Ministry of Natural Resources and Environment shall guide the formulation of plans on management and protection of the natural heritage environment; organize the formulation and approval of regulations and plans on management and protection of the environment of natural heritages, for natural heritages located in 2 or more provinces or centrally run cities or in sea areas which do not fall under the administrative management responsibility of a certain provincial-level People’s Committee.

For the natural heritages mentioned at Point a, Clause 1, Article 20 of the Law on Environmental Protection for which management regulations or plans are issued before the effective date of this Decree, the agencies competent to approve such regulations or plans shall, within 6 months from the date this Decree takes effect, incorporate the contents mentioned in this Decree into such regulations or plans in accordance with the laws on biodiversity, forestry, fisheries, and cultural heritages;

b/ Management units or organizations assigned to manage natural heritages must satisfy the criterion on environmental management and protection capacity and shall organize and mobilize available forces and resources, and manage and protect the natural heritage environment in accordance with law and approved regulations and plans; they may be allocated state budget funds for natural heritage environment management and protection activities; they shall supervise and promptly stop acts infringing upon natural heritages; organize the sale of sightseeing and service tickets; and manage and use revenues therefrom in accordance with law; carry out public communication for raising public awareness and involving the community in natural heritage management and protection activities; participate in managing and supervising investment, environmental protection, and nature and biodiversity conservation activities within natural heritage sites; and perform other tasks assigned by competent agencies.

For world biosphere reserves and global geoparks located in large areas with production zones or residential areas, provincial-level People’s Committees shall establish interdisciplinary management units and allocate resources for their operation to serve environmental management and protection and nature and biodiversity conservation in accordance with this Decree and relevant regulations;

c/ The establishment of management units or assignment of organizations to manage natural heritages being protected areas must comply with the laws on biodiversity, forestry, and fisheries. The establishment of management units or assignment of organizations to manage natural heritages being beauty spots and scenic places, must comply with the law on cultural heritages.

In case a natural heritage has protected areas or beauty spots and scenic places managed by different management units or assigned to different organizations for management, provincial-level People’s Committees shall decide on the appointment or assignment of only one management unit or only one capable organization and ensure resources for management of such natural heritage.

For a natural heritage located in 2 or more provinces or centrally run cities or located in a sea area which does not fall under the administrative management responsibility of a certain provincial-level People’s Committee, the Ministry of Natural Resources and Environment shall reach agreement with related ministries and ministerial-level agencies in submitting to the Prime Minister for decision the merger of management units or organizations or assign one management unit or one organization to manage the natural heritage;

d/ The provincial-level People’s Committee shall decide on the model of management unit or assignment of an organization to manage a natural heritage located in its locality not falling into the case specified at Point c of this Clause. For a natural heritage not falling into the case specified at Point c of this Clause but located in 2 or more provinces or centrally run cities or in a sea area which does not fall under the administrative management responsibility of a certain provincial-level People’s Committee, the Ministry of Natural Resources and Environment shall report to the Prime Minister for decision the management model or assignment of an organization to manage such natural heritage.

dd/ Organizations, enterprises, individuals and communities are encouraged to invest in, establish, manage, use and sustainably develop natural heritages.

7. Environmental protection for natural heritages must comply with the following provisions:

a/ Production, business and service activities taking place within core zones of natural heritage sites shall be controlled like for strictly protected areas under the law on environmental protection’s provisions on environmental zoning; production, business and service activities taking place within buffer zones of natural heritage sites shall be controlled like for low-emission zones under the law on environmental protection’s provisions on environmental zoning;

b/ Natural ecosystems in natural heritage sites shall be prioritized for conservation and restoration of their natural originality; polluted and deteriorated soil and water areas in natural heritages shall be remediated and rehabilitated;

c/ Core natural and biodiversity values of natural heritages shall be protected and conserved intactly; natural ecosystem services in natural heritages shall be maintained and sustainably developed and used;

d/ Typical indicators of geology, landscape, ecology and biodiversity of natural heritages shall be surveyed, assessed, monitored, supervised, inventoried and reported under regulations;

dd/ It is required to meet other requirements on environmental protection, and prevention and control of impacts on the environment and biodiversity of natural heritages in accordance with this Decree, relevant regulations, and treaties on environment and biodiversity which Vietnam has signed.

In case there emerge urgent dangers likely to seriously affect the natural heritage environment, the Ministry of Natural Resources and Environment shall report to the Prime Minister for consideration and decision the application of interim urgent measures to limit the total amount of wastes discharged into the natural heritage environment, which must clearly state places and time of application;

e/ The Ministry of Natural Resources and Environment and provincial-level People’s Committees shall organize the formulation and approval of projects on rehabilitation of polluted and deteriorated areas of natural heritages in accordance with the law on the state budget.

8. Responsibilities for management and protection of the natural heritage environment:

a/ The Ministry of Natural Resources and Environment shall assist the Government in performing the unified management and protection of the natural heritage environment; formulate and promulgate or submit legal documents for promulgation; organize the implementation and inspect and examine the observance of laws and technical guidance on management and protection of the natural heritage environment;

b/ Provincial-level People’s Committees shall perform the unified management and protection of the natural heritage environment in their respective localities; and the management and protection of the natural heritage environment in accordance with this Decree and relevant regulations;

c/ The Ministry of Agriculture and Rural Development shall organize the implementation of requirements on natural heritage protection in forestry, fishery and agriculture activities in accordance with this Decree and relevant regulations;

d/ The Ministry of Culture, Sports and Tourism shall organize the implementation of requirements on natural heritage protection in culture, sports and tourism activities;

dd/ Other ministries and ministerial-level agencies shall organize the protection of the natural heritage environment in accordance with law.

Chapter III. ENVIRONMENTAL ZONING, STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT, ENVIRONMENTAL LICENSES, AND ENVIRONMENTAL REGISTRATION

Section 1. ENVIRONMENTAL ZONING, STRATEGIC ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL IMPACT ASSESSMENT

Article 22. General provisions on environmental zoning

1. The environmental zoning into strictly protected areas, low-emission zones and other areas shall be carried out based on environmentally sensitive factors that are vulnerable to environmental pollution impacts with a view to minimizing environmental pollution impacts on the livelihood and normal development of humans and living organisms.

2. Strictly protected areas include:

a/ Concentrated residential areas in urban centers, including inner areas of urban centers of special grade, grade I, grade II and grade III under regulations on classification of urban centers;

b/ Surface water sources used for supply of daily-life water under the law on water resources;

c/ Protected areas under the laws on biodiversity, forestry, and fisheries;

d/ Level-1 protected zones of historical-cultural relics under the law on cultural heritages;

dd/ Core zones (if any) of natural heritages under the law on environmental protection.

3. Low-emission zones include:

a/ Buffer zones (if any) of the strictly protected areas mentioned in Clause 2 of this Article;

b/ Important wetlands identified under law;

c/ Surface water source protection corridors used for supply of daily-life water under the law on natural resources;

d/ Concentrated residential areas in inner areas of urban centers of grade IV and grade V under the law on classification of urban centers;

dd/ Aquatic entertainment areas under decisions of provincial-level People’s Committees;

e/ Other areas having environmentally sensitive factors that are vulnerable to environmental pollution impacts in need of protection.

4. Other areas are the remaining areas in localities.

Article 23. Identification of strictly protected areas and low-emission zones

1. The identification of strictly protected areas and low-emission zones under the national master plan on environmental protection is provided as follows:

a/ Survey and overall assessment of areas having environmentally sensitive factors that are vulnerable to environmental pollution impacts as mentioned in Clauses 2 and 3, Article 22 of this Decree;

b/ Identification of environmental protection objectives for areas having environmentally sensitive factors that are vulnerable to environmental pollution impacts as mentioned in Clauses 2 and 3, Article 22 of this Decree;

c/  Identification of locations, sizes and boundaries of strictly protected areas and low-emission zones.

2. The identification of strictly protected areas and low-emission zones under provincial master plans is provided as follows:

a/ Survey and assessment of areas involving environmentally sensitive factors that are vulnerable to environmental pollution impacts as mentioned in Clauses 2 and 3, Article 22 of this Decree in localities;

b/ Identification of environmental protection objectives for areas having environmentally sensitive factors that are vulnerable to environmental pollution impacts as mentioned in Clauses 2 and 3, Article 22 of this Decree in localities;

c/  Identification of locations, sizes and boundaries of strictly protected areas and low-emission zones in localities.

3. Provincial-level People’s Committees shall issue decisions on identification of locations and boundaries of strictly protected areas and low emission zones in their respective localities that have been included in provincial master plans in the planning period.

4. Environmental protection requirements based on environmental zoning are provided as follows:

a/ Technical regulations on wastewater and emissions, which specify allowable limit values of pollutants in line with protection requirements of strictly protected areas and low-emission zones, ensuring that no adverse impacts will be exerted on the livelihood and normal development of humans and living organisms;

b/ New investment projects or investment projects on expansion or capacity upgrading in strictly protected areas or low-emission zones must meet the environmental protection requirements mentioned at Point a of this Clause;

c/ Production, business or service establishments that fail to meet the environmental protection requirements mentioned at Point a of this Clause must change types of production, business or service activities, renovate technologies, and take other environmental protection measures so as to meet environmental protection requirements according to environmental zoning.

5. Provincial-level People’s Committees shall issue compliance roadmaps for establishments and production, business or service zones currently operating in strictly protected areas or low-emission zones identified in their respective localities in accordance with Clause 4 of this Article.

Article 24. List of national- and regional-level sectoral development strategies, national sectoral master plans, and technical and specialized master plans subject to strategic environmental assessment

The list of national- and regional-level sectoral development strategies, national sectoral master plans, and technical and specialized master plans subject to strategic environmental assessment is provided in Appendix I to this Decree.

Article 25. Environmental criteria and classification of investment projects

1. The scale of an investment project is provided as follows:

a/ Depending on their scale, investment projects shall be classified according to the criteria provided in the law on public investment, including national important projects, group-A projects, group-B projects and group-C projects, except the cases specified at Points b, c and d of this Clause;

b/ Depending on their area of land or land with water surface in use, projects shall be classified into large projects, medium projects and small projects;

c/ Depending on their sea areas in use, projects shall be classified into 2 groups based on the competence to grant licenses for dumping at sea, allocate sea areas, and allocate sea areas for sea encroachment under the law on marine and island resources and environment;

d/ Depending on the scale of exploitation of natural resources, projects shall be classified into 2 groups based on the competence to grant mining licenses or licenses for exploitation and use of water resources under the laws on minerals and water resources.

2. Depending on the capacity of investment projects involving production, business or service activities likely to cause environmental pollution as provided in Appendix II to this Decree, which is stated in the dossiers of proposal of investment projects, feasibility study reports, techno-economic reports or equivalent documents, these projects shall be classified into large-capacity, medium-capacity and small-capacity ones.

3. Types of production, business or service activities:

a/ Types of production, business or service activities likely to cause environmental pollution on the List provided in Appendix II to this Decree;

b/ Other types of production, business or service activities other than those likely to cause environmental pollution.

4. The identification of environmentally sensitive factors mentioned at Point c, Clause 1, Article 28 of the Law on Environmental Protection is provided as follows:

a/ Projects involving production, business or service activities likely to cause environmental pollution as provided in Appendix II to this Decree that are allocated in inner areas of urban centers under regulations on classification of urban centers;

b/ Projects discharging wastewater into surface water sources used for supply of daily-life water under the law on water resources;

c/ Projects using land or land with water surface of protected areas under the laws on biodiversity, forestry, and fisheries; special-use forests, protection forests and natural forests under the law on forestry; protected seascapes and fisheries resource protection zones under the law on fisheries; and important wetlands and other natural heritages established and recognized under this Decree (except investment projects on construction of works to serve forest management and protection, nature and biodiversity conservation, forest fire prevention and fighting, and silviculture approved by competent authorities);

d/ Projects using land or land with water surface of historical-cultural relic sites or scenic places and beauty spots ranked under the law on cultural heritages (except projects on preservation, renovation, restoration or embellishment of historical-cultural relics or scenic places and beauty spots, and construction of works to serve management, environmental sanitation and protection of historical-cultural relic sites or scenic places and beauty spots, and projects on maintenance, renovation and assurance of traffic safety facilities);

dd/ Projects requiring the repurposing of land for wet rice cultivation with 2 or more crops according to the competence defined under the land law; projects requiring the repurposing of land or land with water surface of protected areas, natural heritage sites, biosphere reserves, important wetlands, natural forests or protection forests (except investment projects on construction of works to serve forest management and protection, nature and biodiversity conservation, forest fire prevention and fighting, and silviculture approved by competent authorities);

e/ Projects requiring population relocation or resettlement according to the competence defined under the laws on public investment, investment, and construction.

5. The lists of investment projects of groups I, II and III are provided respectively in Appendices III, IV and V to this Decree.

Article 26. Consultation in environmental impact assessment

1. Subjects to be consulted:

a/ Resident communities and individuals that will be directly impacted by project activities, including resident communities and individuals living or carrying out production and business activities in land areas, water surface areas, land areas with water surface, or sea areas to be recovered for investment in projects; resident communities and individuals to be directly impacted by wastewater, emissions, dust, noise, solid wastes or hazardous wastes from projects; resident communities and individuals to be impacted by subsidence, landslides or riverside or coastal sediments caused by projects; and resident communities and individuals to be otherwise affected, that are identified through environmental impact assessment.

The consultation with resident communities and individuals to be directly impacted shall be carried out in the form of holding meetings to collect opinions;

b/ Agencies and organizations directly involved in investment projects, including commune-level People’s Committees and commune-level Vietnam Fatherland Front Committees of the localities where projects are implemented; management units, project owners engaged in the construction and commercial operation of infrastructure of concentrated production, business or service zones or industrial clusters where projects are located; state agencies managing hydraulic structures, for projects discharging wastewater into hydraulic structures or using hydraulic structures; state management agencies assigned to manage areas having environmentally sensitive factors (if any); and the Ministry of National Defense, Ministry of Public Security or provincial-level Military Commands or Public Security Departments, for projects involving security-national defense factors (if any).

The consultation with agencies and organizations directly involved in investment projects shall be carried out in the form of collecting their written opinions.

2. Other contents for consultation mentioned at Point dd, Clause 3, Article 33 of the Law on Environmental Protection include environment remediation and rehabilitation plans, for projects on mineral exploitation or waste burial, or biodiversity offset plans, for projects involving biodiversity offset plans under law.

3. Forms of consultation:

a/ Consultation via websites:

Before submitting environmental impact assessment reports to competent authorities for appraisal, project owners shall send their contents subject to consultation mentioned in Clause 3, Article 33 of the Law on Environmental Protection to units managing websites of agencies appraising environmental impact assessment reports for posting and collection of feedback from the subjects defined in Clause 1 of this Article, except information classified as state secrets or secrets of enterprises as specified by law. Within 5 days after receiving a project owner’s request, the unit managing the website of the appraisal agency shall post up contents subject to consultation. The online consultation shall last 15 days; past the consultation period, the website-managing unit shall send consultation results to the project owner;

b/ Consultation through holding meetings to collect opinions:

Project owners shall assume the prime responsibility for, and coordinate with commune-level People’s Committees of localities where their projects are implemented in, displaying environmental impact assessment reports at the head offices of the latter, and notify the time and places of meetings to consult the subjects defined at Point a, Clause 1 of this Article at least 5 days before the date of a meeting. Commune-level People’s Committees shall publicly display environmental impact assessment reports from the time of receiving them to the time of conclusion of consultation meetings.

Project owners shall present contents of environmental impact assessment reports at consultation meetings. Opinions raised at meetings as well as feedback and commitments of project owners shall be fully and truthfully recorded in the consultation meetings’ minutes, which shall be made according to the form issued by the Ministry of Natural Resources and Environment;

c/ Consultation through collecting written opinions:

Project owners shall send environmental impact assessment reports of their projects to the subjects defined at Point b, Clause 1 of this Article, enclosed with requests for consultation made according to the form provided in Appendix VI to this Decree.

Within 15 days after receiving a request for consultation, the consulted subjects shall send their opinion sheets, made according to the form provided in Appendix VII to this Decree. If failing to give their feedback within the law-specified time limit, they shall be regarded as agreeing with the contents put up for consultation.

4. Responsibilities of project owners in carrying out consultation:

a/ To carry out consultation in the forms mentioned in Clause 4, Article 33 of the Law on Environmental Protection and consult the subjects defined in Clause 1 of this Article, except the cases specified at Points e, g and h of this Clause;

b/ For investment projects involving the dumping of objects and substances at sea; investment projects discharging a total amount of wastewater of 10,000m³ or more per day (24 hours), directly discharging wastewater into inter-provincial rivers or rivers adjacent to different provinces or directly discharging wastewater into coastal areas, their owners shall also consult provincial-level People’s Committees of adjacent localities or coastal areas for coordination in settling environmental issues in their localities;

c/ For the projects specified in Appendix II to this Decree that directly discharge wastewater into the environment with an amount of 10,000m³ or more per day (24 hours) or an amount of emissions of 200,000m³ or more per hour, their owners shall consult at least 5 experts and scientists in the fields of operation of the projects and environmental experts. For other projects specified in Appendix II to this Decree, their owners shall consult at least 3 experts and scientists in the fields of operation of the projects and environmental experts;

d/ For projects with investment policy decided by the National Assembly or Prime Minister and likely to cause sediments, erosion or saltwater intrusion; projects involving the dumping of objects and substances or dredging at sea with a total amount of 5,000,000m³ or more; projects discharging an amount of industrial wastewater of 10,000m³ or more per day (24 hours) (except projects of which wastewater systems are connected to concentrated systems for treatment of wastewater, cooling water or wastewater of aquaculture projects) or with an amount of emissions of 200,000m³ or more per hour, their owners shall consult professional organizations about calculation results of applied models;

dd/ For investment projects requiring the repurposing of land of protected areas or core zones of biosphere reserves each covering an area of 1 hectare or more, their owners shall consult professional organizations about the projects’ impacts on biodiversity;

e/ For projects on construction of transport infrastructure or telecommunications infrastructure and inter-provincial or inter-district electric transmission lines, their owners shall only carry out the consultation under Point a of this Clause and collect written opinions of related provincial-level People’s Committees, if the project is located in two or more provinces, or of related district-level People’s Committees, if the project is located in two or more districts;

g/ For projects located in a sea area or the continental shelf which does not fall under the administrative management responsibility of a certain commune-level People’s Committee, their owners shall only carry out the consultation under Point a, Clause 3 of this Article and collect written opinions of provincial-level People’s Committees of localities receiving wastes of the projects;

h/ For projects located in concentrated production, business or service zones or industrial clusters, their owners shall only carry out the consultation under Point a, Clause 3 of this Article and also consult the management units and project owners that have constructed and commercially operated such zones or clusters;

i/ Project owners shall truthfully summarize and fully report opinions and recommendations of consulted subjects; assimilate and respond to consultation results and finalize environmental impact assessment reports before submitting them to competent authorities for appraisal; and take responsibility before law for consultation contents and results stated in these reports.

Article 27. Responsibilities of project owners in the process of finalizing environmental impact assessment reports after receiving requests for modification and supplementation of these reports; preparing and commencing the implementation of projects before they are put into operation in case there are changes compared to decisions approving results of appraisal of environmental impact assessment
reports

1. Within 12 months after receiving a request for modification or supplementation of the environmental impact assessment report from the agency appraising the environmental impact assessment report, the project owner shall finalize the report and send it to the appraisal agency. Past this time limit, the appraisal of environmental impact assessment reports must comply with Article 34 of the Law on Environmental Protection.

2. In the process of preparing and commencing the implementation of an investment project before it is put into operation, the project owner shall carry out environmental impact assessment when there is a change compared to the decision approving results of appraisal of the environmental impact assessment report under Point a, Clause 4, Article 37 of the Law on Environmental Protection; such change is provided in detail as follows:

a/ An increase in the project’s scale or capacity, thus prompting the need to carry out procedures for investment policy adjustment approval  or procedures for investment registration certificate modification under the law on investment;

b/ A change in the project’s production technology, giving rise to generated wastes beyond the treatment capacity of environmental protection facilities compared to the plan stated in the decision approving results of appraisal of the environmental impact assessment report;

c/ A change in the project’s waste treatment technology that is likely to exert adverse environmental impacts compared to the plan stated in the decision approving results of appraisal of the environmental impact assessment report;

d/ A change in the project implementation location, unless the project is implemented in a concentrated production, business or service zone or an industrial cluster and needs to be relocated to conform to the approved master plan on division of functional zones of such concentrated production, business or service zone or industrial cluster;

dd/ A change in the place for direct discharge of treated wastewater into water sources with higher requirements on technical regulations on waste discharge or a change in the receiving waters, thus likely to cause greater pollution, landslide or subsidence.

3. To perform the responsibilities specified at Point b or c, Clause 4, Article 37 of the Law on Environmental Protection.

Section 2. ENVIRONMENTAL LICENSES AND ENVIRONMENTAL REGISTRATION

Article 28. Principal contents of a report proposing grant of an environmental license

1. Principal contents of a report proposing grant of an environmental license for an investment project which already obtains a decision approving results of appraisal of the environmental impact assessment report before it is put into trial operation:

a/ General information on the project: name, project owner; implementation location; agencies appraising the construction design, granting environment-related licenses and approving the project; decision approving results of appraisal of the project’s environmental impact assessment report; document on a change (if any); project implementation process; scale (classified according to criteria specified in the law on public investment), capacity, technology, products produced, amount and sources of electricity and amount of water used, wastewater receiving waters, materials, fuels, raw materials, scraps, and chemicals used, and other relevant information;

b/ Conformity of the project with the national master plan on environmental protection, provincial master plan, environmental zoning, and load capacity of the environment (if any);

c/ Results of implementation of environmental protection facilities and measures (facilities handed over and tested before acceptance between the project owner, contractor and construction supervision unit under the construction law): facilities and equipment for wastewater, dust and emission collection and treatment; facilities for storage and treatment of normal industrial solid wastes, domestic solid wastes and hazardous wastes; facilities and measures for noise and vibration reduction; facilities for environmental incident prevention and response, and other environmental protection facilities. Principal details include scale, capacity and process of operation; chemicals and biological used for wastewater treatment; chemicals and catalysts used for dust and emission treatment; systems of synchronous and integrated equipment for waste treatment, automatic and continuous monitoring equipment (in case their installation is required), and other treatment equipment (accompanied by their CO/CQ); basic technical parameters; and applied standards or technical regulations.

For investment projects on concentrated treatment of solid wastes and hazardous wastes, it is required to clearly state facilities, equipment and vehicles for waste collection and treatment.

For investment projects involving the use of imported scraps as production materials, it is required to clearly state production technology; conditions on warehouses and yards for storage; recycling equipment; impurity treatment plan; and scrap re-export plan conformable with the decision approving results of appraisal of the environmental impact assessment report.

For investment projects discharging wastewater into hydraulic structures, it is required to clearly state the satisfaction of environmental protection requirements for hydraulic structures;

d/ Plan, progress and results of implementation of the environmental remediation and rehabilitation plan and biodiversity offset plan (if any);

dd/ Proposed changes (if any) compared to the decision approving results of appraisal of the environmental impact assessment report, enclosed with an assessment of environmental impacts of such changes;

e/ Contents subject to environmental licensing as specified in Clause 2, Article 40 of the Law on Environmental Protection;

g/ Plan and expected time of trial operation, enclosed with a waste monitoring plan, for efficiency assessment of waste treatment facilities (taking combined samples and single samples); for integrated treatment facilities or equipment or waste treatment facilities under small-capacity projects provided in Appendix II to this Decree, only single samples shall be taken for monitoring; plan on prevention of and response to environmental incidents in the process of trial operation and official operation;

h/ Proposed contents of waste monitoring (automatic, continuous and periodical) under law, and other environmental protection contents (if any).

2. Principal contents of a report proposing grant of an environmental license for a group-II investment project not subject to environmental impact assessment:

a/ General information on the project: name, project owner; implementation location; agencies appraising the construction design, granting environment-related licenses and approving the project; scale (classified according to criteria specified in the law on public investment), capacity, technology, products produced, amount of electricity and sources and amount of water to be used, wastewater receiving waters, materials, fuels, raw materials, scraps, and chemicals used, and other relevant information;

b/ Conformity of the project with the national master plan on environmental protection, relevant provincial master plan, environmental zoning, and load capacity of the environment (if any);

c/ Assessment of the state of the environment in the place where the project is implemented (not required in case the project is implemented in a concentrated production, business or service zone or an industrial cluster); assessment of the selection of production technology and waste treatment technology and other environmental protection facilities; assessment and forecast of impacts of waste sources, noise and vibration; assessment and forecast of the project’s impacts (if any) on biodiversity, natural heritages, flows, landslides, sediments, saltwater intrusion, and the society;

d/ Proposed plans and measures for waste treatment, together with commentaries and construction designs (base designs or working drawing designs, for projects only requiring single-step designing) of environmental protection facilities, items of waste treatment facilities, synchronous and integrated systems of waste treatment equipment, automatic and continuous monitoring equipment (in case their installation is required), and other treatment equipment (accompanied by their CO/CQ, if any), plans for environmental incident prevention and response, waste storage facilities, and relevant facilities and equipment; plans on construction, installation, operation, maintenance and management of items of waste discharge facilities and waste treatment facilities, together with cost estimates for construction of environmental protection facilities and implementation of measures to minimize adverse environmental impacts;

dd/ Particular contents of environmental protection: For investment projects on mineral exploitation or waste burial, the report of proposal for grant of an environmental license must have an environmental remediation and rehabilitation plan. For investment projects to exploit sand, gravel and other minerals on rivers, streams, canals, ditches, reservoirs and estuarine and coastal areas, the proposal report must have a content on assessment of impacts on the bed, coast, riverbank and flow in accordance with law. For investment projects causing biodiversity loss or decline, the proposal report must have a biodiversity offset plan. For investment projects discharging wastewater into hydraulic structures, the proposal report must have contents on impact assessment and environmental protection measures for water sources of hydraulic structures;

e/ Contents subject to environmental licensing as specified in Clause 2, Article 40 of the Law on Environmental Protection;

g/ Plan and expected time of trial operation, enclosed with the waste monitoring plan, for efficiency assessment of waste treatment facilities (taking combined samples and single samples); for integrated treatment facilities or equipment or waste treatment facilities under small-capacity projects provided in Appendix II to this Decree, only single samples shall be taken for monitoring; plan on prevention of and response to environmental incidents in the process of trial operation and official operation;

h/ Proposed contents of waste monitoring (automatic, continuous and periodical) under law, and other environmental protection contents (if any).

3. Principal contents of a report proposing grant of an environmental license for an operating establishment, concentrated production, business or service zone or industrial cluster subject to environmental criteria equivalent to those of a group-I or group-II project:

a/ General information on the establishment, concentrated production, business or service  zone or industrial cluster: name, address and location; document on appraisal of construction designs, environment-related licenses, and document on approval of the project; decision approving results of appraisal of the environmental impact assessment report under Clause 2, Article 171 of the Law on Environmental Protection and component environmental licenses (if any); scale (classified according to criteria specified in the law on public investment), capacity, technology, products produced, amount of electricity and sources and amount of water used, wastewater receiving waters, materials, fuels, raw materials, scraps, and chemicals used, and other relevant information. For establishments using imported scraps as production materials, it is required to clearly state production technology, conditions on warehouses and yards for storage, recycling equipment, impurity treatment plan, and plan on re-export of scraps not satisfying relevant technical regulations in compliance with the decision approving results of appraisal of the environmental impact assessment report or a document equivalently valid to such decision under Clause 2, Article 171 of the Law on Environmental Protection (including also dossiers accompanied by relevant documents);

b/ Conformity of the establishment, concentrated production, business or service zone or industrial cluster with the national master plan on environmental protection, relevant provincial master plan, environmental zoning, and load capacity of the environment (if any);

c/ Sources of generated wastes, covering: scale, volume and types of solid wastes; scale, flow and parameters of dust, emission, noise and vibration pollution; scale, flow and parameters of pollution of wastewater and wastewater receiving waters; completed environmental protection facilities and measures as mentioned at Point c, Clause 1 of this Article;

d/ Plan, progress and results of implementation of the environmental remediation and rehabilitation plan and biodiversity offset plan (if any);

dd/ Contents subject to environmental licensing as specified in Clause 2, Article 40 of the Law on Environmental Protection;

e/ Results of environmental monitoring over the past 2 years, in case waste monitoring is required under regulations, or results of additional waste sample monitoring under the guidance of the Ministry of Natural Resources and Environment, in case component environmental licenses are available, not requiring waste monitoring under regulations;

g/ Latest results of examination, inspection, and handling of violations of regulations on environmental protection carried out by competent state agencies, enclosed with relevant decisions and conclusions (if any);

h/ Proposed contents of waste monitoring (automatic, continuous and periodical) under law, and other environmental protection contents (if any).

4. Principal contents of a report proposing grant of an environmental license for a group-III project:

a/ General information on the project: name of the project, project owner; project implementation location; scale (classified according to criteria specified in the law on public investment), capacity, technology, products produced, amount of electricity and sources and amount of water used, wastewater receiving waters, materials, fuels, raw materials, scraps, and chemicals used, and other relevant information;

b/ Conformity of the project with the national master plan on environmental protection, relevant provincial master plan, environmental zoning, and load capacity of the environment (if any);

c/ Description of the state of the environment in the place where the project is implemented (not required in case the project is implemented in a concentrated production, business or service zone or an industrial cluster); description of the production technology proposed to be selected;

d/ Proposed plans and measures for waste treatment, together with commentaries and construction designs (base designs or working drawing designs, for projects only requiring single-step designing) of environmental protection facilities, items of waste treatment facilities, synchronous and integrated systems of waste treatment equipment, automatic and continuous monitoring equipment (in case their installation is required), and other treatment equipment (accompanied by their CO/CQ, if any), plans for environmental incident prevention and response, waste storage facilities, and relevant facilities and equipment; plans on construction, installation, operation, maintenance and management of items of waste discharge facilities and waste treatment facilities; environmental protection measures for water sources of hydraulic structures, for investment projects discharging wastewater into hydraulic structures;

dd/ Contents subject to environmental licensing as specified in Clause 2, Article 40 of the Law on Environmental Protection;

e/ Plan and expected time of trial operation, enclosed with the waste monitoring plan, for evaluation of efficiency of waste treatment facilities under regulations; plan on environmental incident prevention and response; and proposed contents of waste monitoring under law.

5. Principal contents of a report proposing grant of an environmental license for an operating establishment subject to environmental criteria equivalent to those of a group-III project:

a/ General information on the establishment: name, address, implementation location; relevant environmental documents; scale (classified according to criteria specified by the law on public investment), capacity, technology, products; power output, water source and volume to be used, wastewater-receiving waters, raw materials, fuels, materials, scraps and chemicals to be used, and other relevant information;

b/ Conformity of the establishment with the national master plan on environmental protection, provincial master plan, environmental zoning plan, and load capacity of the environment (if any);

c/ Sources of wastes to be generated, including: scale, volume and categories of solid wastes; scale, flow and parameters of dust, emission, noise and vibration pollution; scale, flow and parameters of wastewater pollution, and wastewater-receiving waters; and completed environmental protection facilities and measures as specified at Point c, Clause 1 of this Article;

d/ Contents of proposal for grant of an environmental license as specified in Clause 2, Article 40 of the Law on Environmental Protection;

dd/ Results of the environmental monitoring for the last year in case the waste monitoring is required under regulations, or results of the additional waste sample monitoring under guidance of the Ministry of Natural Resources and Environment in case a component environmental license is available but the waste monitoring is not required under regulations; results of the latest examination, inspection, and handling of environment-related violations , carried out by a competent state agency, enclosed with decisions and conclusions (if any);

e/ Proposed contents of the waste monitoring in accordance with law.

6. Forms of reports proposing grant of the environmental licenses mentioned in Clauses 1, 2, 3, 4 and 5 of this Article are provided in Appendices VIII, IX, X, XI and XII to this Decree.

Article 29. Dossiers, order and procedures for grant of environmental licenses

Dossiers, order, procedures and time limit for grant of environmental licenses to investment projects, establishments, concentrated production, business or service zones, and industrial clusters (below collectively referred to as investment projects or establishments) must comply with Article 43 of the Law on Environmental Protection. A number of contents are specified as follows:

1. Other legal and technical documents mentioned at Point c, Clause 1, Article 43 of the Law on Environmental Protection are specified as follows:

a/ For an investment project not subject to environmental impact assessment: a copy of the feasibility study report or an equivalent document of the project as specified by the laws on investment, public investment, investment in the form of public-private partnership, and construction;

b/ For investment projects or establishments other than those specified at Point a of this Clause: Their owners are not required to submit other legal and technical documents in dossiers of application for environmental licenses.

2. The time of submission of a dossier of application for an environmental license is as follows:

a/ The owner of an investment project subject to environmental impact assessment shall submit a dossier of application for an environmental license after completing waste treatment facilities for the whole project or for each investment phase of the project (if the project investment is phased out) or for independent items of waste treatment facilities of the project;

b/ The owner of an investment project not subject to environmental impact assessment may decide on the time of submission of a dossier of application for an environmental license as soon as such dossier is complete under regulations;

c/ The owner of an investment project specified in Clause 2, Article 39 of the Law on Environmental Protection which currently operates on a trial basis a waste treatment facility in accordance with law before the effective date of the Law on Environmental Protection may decide on the time of submission of a dossier of application for an environmental license in order to ensure that the project obtains such license after the trial operation is finished but such time must be at least 45 days, for cases subject to grant of environmental licenses by ministerial-level authorities, or at least 30 days, for cases subject to grant of environmental licenses by provincial- or district-level People’s Committees, before the law-specified deadline for the project to obtain an investment license.

In case the project owner fails to ensure the time of submission of a dossier of application for an environmental license under this Point, it/he/she shall issue a notice of extension of the trial operation period under Point c, Clause 6, Article 31 of this Decree in order to obtain the environmental license after the trial operation is finished;

d/ The owner of an establishment may decide on the time of submission of a dossier of application for an environmental license in order to ensure the time of obtaining such license as specified in the Law on Environmental Protection and this Decree, which must be at least 45 days, for establishments subject to grant of environmental licenses by ministerial-level authorities, or at least 30 days, for establishments subject to grant of environmental licenses by provincial- or district-level People’s Committees, before the law-specified deadline for the establishment to obtain an investment license.

3. Owners of investment projects or establishments shall submit their dossiers of application for environmental licenses to the environmental license-granting agency and pay the charge for appraisal for grant of environmental licenses under regulations.

4. Within 5 working days after receiving a complete and valid dossier (except the case specified in Clause 8 of this Article), the environmental license-granting agency shall:

a/ Publicize contents of the report proposing grant of an environmental license on the website of its own or of the authorized agency, except information classified as state secrets or enterprises’ secrets as specified by law;

b/ Send requests for opinion to the state management agency in charge of hydraulic structures (in case of discharge of wastewater into a hydraulic structure) or the owner that has constructed and is commercially operating infrastructure facilities of the concentrated production, business or service zone or the industrial cluster (in case the investment project or establishment is located in such zone or cluster), unless the investment project has obtained the decision approving results of the appraisal of the environmental impact assessment report and seen no change related to the wastewater discharge in contents of the decision approving results of the appraisal of the environmental impact assessment report. The consulted agencies and organizations shall give their written opinions on grant of an environmental license within 7 days after receiving a request for opinion, except the case specified in Clause 9 of this Article. If failing to give their written opinions within such time limit, they shall be regarded as having agreed with the grant of an environmental license.

For an investment project or establishment that directly discharges a volume of wastewater of 10,000 m³ or more (except equipment cooling water or water for aquaculture) per day (24 hours) into an inter-provincial river or lake or a contiguous river or lake, or directly discharges wastewater into a coastal area, the environmental license-granting agency shall consult the provincial-level People’s Committees of the provinces adjacent to such inter-provincial or contiguous river or lake or coastal area for coordinated settlement of environmental protection matters in the area, unless the investment project has obtained a decision approving results of the appraisal of the environmental impact assessment report and seen no change related to the wastewater discharge in contents of the decision approving results of the appraisal of the environmental impact assessment report. The consulted provincial-level People’s Committees shall give their written opinions within 7 days after receiving a request for opinion. If failing to give their written opinions within such time limit, they shall be regarded as having agreed with the grant of an environmental license.

For an investment project that directly discharges a volume of wastewater of 10,000 m³ or more (except equipment cooling water or water for aquaculture) per day (24 hours) or emits a volume of dust or emissions of 200,000 m³ or more per hour, the environmental license-granting agency shall consult professional organizations on calculation results of the pollutant dispersion model or environmental incident (if any), unless the investment project has obtained a decision approving results of the appraisal of the environmental impact assessment report and seen no change related to the discharge of wastewater, dust or emissions in contents of the decision approving results of the appraisal of the environmental impact assessment report. The consulted professional organizations shall give their written opinions within 20 days after receiving a request for opinion;

c/ Except the case specified in Clause 9 of this Article, the appraisal for grant of an environmental license is provided as follows:

For an investment project that has obtained a decision approving results of the appraisal of the environmental impact assessment report, not involving the use of imported scraps as production materials or provision of hazardous waste treatment services, and falls into the case specified at Point b, Clause 4, Article 37 of the Law on Environmental Protection, the agency competent to grant environmental licenses shall establish an appraisal council without carrying out field inspection.

For an investment project that has obtained a decision approving results of the appraisal of the environmental impact assessment report and does not fall into the case specified at Point b, Clause 4, Article 37 of the Law on Environmental Protection, involving the use of imported scraps as production materials or provision of hazardous waste treatment services, the agency competent to grant environmental licenses shall form an appraisal group for grant of an environmental license without carrying out field inspection.

For an investment project not subject to environmental impact assessment, the agency competent to grant environmental licenses shall establish an appraisal council, for projects subject to grant of environmental licenses by the Ministry of Natural Resources and Environment, Ministry of Public Security, Ministry of National Defense, or provincial-level People’s Committees; or form an appraisal group, for projects subject to grant of environmental licenses of district-level People’s Committees. Appraisal councils or appraisal groups shall organize field surveys in areas where investment projects are expected to be implemented.

For operating establishments, concentrated production, business or service zones and industrial clusters, the agency competent to grant environmental licenses shall not establish an appraisal council or form an appraisal group but shall only form an inspection delegation, for projects subject to grant of environmental licenses by the Ministry of Natural Resources and Environment, Ministry of Public Security, Ministry of National Defense, or provincial-level People’s Committees; or organize a field inspection, for projects subject to grant of environmental licenses by district-level People’s Committees.

An appraisal council or inspection delegation must have at least 7 members, for projects subject to grant of environmental licenses by central agencies, or at least 5 members, for projects subject to grant of environmental licenses by provincial-level People’s Committees. An appraisal group must have at least 3 members, with its leader being a representative of the appraisal agency.

An appraisal council or inspection delegation shall be composed of one council chairperson or delegation head, one council vice chairperson or delegation deputy head in case of necessity; one secretary; representatives of related agencies and organizations; a representative of the state agency managing the hydraulic structure or owner constructing and commercially operating infrastructure facilities of the concentrated production, business or service zone or industrial cluster (if any); experts, officials and civil servants in the field of environmental protection and field of operation of the investment project or establishment.

Members of appraisal councils, inspection delegations and appraisal groups shall study dossiers of application for environmental licenses and prepare remarks or evaluations regarding the contents specified in Article 40 of the Law on Environmental Protection and take responsibility before law for their remarks or evaluations.

Experts participating in the preparation of reports proposing grant of environmental licenses of investment projects or establishments may not join appraisal councils, appraisal groups or inspection delegations for grant of environmental licenses of such investment projects or establishments;

5. Based on results of the appraisal by appraisal councils or appraisal groups or  results of the inspection by inspection delegations or results of field inspection, the agency competent to grant environmental licenses shall consider and grant environmental licenses to investment projects or establishments in case the latter do not fully satisfy the conditions for grant of environmental licenses, or issue notices of return of dossiers to project or establishment owners, clearly stating reasons for refusal to grant environmental licenses, in case the latter do not fully satisfy the conditions for grant of environmental licenses.

In case a dossier needs to be modified or supplemented to ensure sufficient grounds for grant of an environmental license, the agency competent to grant environmental licenses shall send to the project owner a notice, stating contents that must be modified or supplemented. The environmental license-granting agency may not request the project or establishment owner to perform jobs other than those stated in such notice.

The time of notification of dossier processing results or dossier modification or supplementation must be within the law-specified time limit for grant of environmental licenses.

6. Except the case specified in Clause 9 of this Article, within 15 days for cases subject to grant of environmental licenses by the Ministry of Natural Resources and Environment, Ministry of National Defense or Ministry of Public Security, or 10 days for cases subject to grant of environmental licenses by provincial-level People’s Committees, or 5 days for cases subject to grant of environmental licenses by district-level People’s Committees, after receiving a modified or supplemented dossier of application for an environmental license (in case the dossier modification or supplementation is requested by the environmental license-granting agency), the head of the environmental license-granting agency shall consider and grant an environmental license to the investment project or establishment. In case of refusal to grant an environmental license, he/she shall issue a written reply to the project or establishment owner, clearly stating the reason.

7. The receipt of dossiers of application for and notification of results of grant of environmental licenses under Point c, Clause 4, Article 43 of the Law on Environmental Protection shall be carried out according to simplified administrative procedures in the electronic environment under regulations of the Government.

8. The receipt of dossiers of application for and notification of results of grant of environmental licenses shall be carried out in the electronic environment via the level-4 online public service system of the license-granting agency within 15 days after the receipt of a complete and valid dossier for:

a/ Investment projects or establishments not required to operate on a trial basis their waste treatment facilities;  

b/ Investment projects or establishments that connect their wastewater systems to concentrated wastewater collection and treatment systems of concentrated production, business or service zones and industrial clusters and satisfy the following requirements: Being not engaged in production, business or service activities that are likely to cause environmental pollution; being not subject to automatic and continuous emission monitoring or regular monitoring under this Decree.

9. The appraisal and grant of environmental licenses for the cases specified in Clause 8 of this Article shall be carried out by appraisal groups formed by agencies competent to grant environmental licenses. An appraisal group must have no more than 5 members, for projects subject to grant of environmental licenses by the Ministry of Natural Resources and Environment, Ministry of National Defense or Ministry of Public Security, or no more than 3 members, for projects subject to grant of environmental licenses by provincial- or district-level People’s Committees. Environmental license-granting agencies shall not organize a field inspection. The time limit for consulting the agencies and organizations specified at Point b, Clause 4 of this Article is 5 days after such agencies and organizations receive a request for opinion. The time limit for agencies competent to grant environmental licenses to consider and grant environmental licenses to investment projects or establishments or issue written replies to project or establishment owners on refusal to grant environmental licenses under Clause 6 of this Article is 5 days.

10. Applications for environmental licenses of investment project or establishment owners shall be made according to the form provided in Appendix XIII to this Decree.

11. The Minister of Natural Resources and Environment shall provide forms of documents required in the process of grant of environmental licenses, except the case specified in Clause 10 of this Article.

Article 30. Renewal, modification, re-grant or revocation of environmental licenses

1. Renewal of an environmental license under Clause 1, Article 44 of the Law on Environmental Protection shall be carried out within 10 days after the receipt of a written request for license renewal from an investment project or establishment owner, enclosed with a legal dossier related to the renewal. The environmental license-granting agency shall grant a renewed environmental license for the investment project or establishment owner with its validity period equal to the remaining validity period of the original license.

The renewal of environmental licenses shall be carried out in the electronic environment via level-4 online public service systems of license-granting agencies or authorized agencies and is not subject to appraisal charge under regulations.

2. Investment project or establishment owners shall have their environmental licenses modified within the remaining validity periods of such licenses upon occurrence of a change specified at Point a, Clause 2, Article 44 of the Law on Environmental Protection or another change not falling into the cases specified at Point b, Clause 3, and in Clause 4 of this Article, except case of reduction of contents subject to environmental licensing or a change in volume or type of the generated hazardous waste. In case of reduction of contents subject to environmental licensing, the modification of an environmental license may be carried out at the request of the investment project or establishment owner. In case of a change in volume or type of the generated hazardous waste, the investment project or establishment owner shall report on such change in a regular report on environmental protection work of the project or establishment.

The modification of an environmental license shall be carried out within 15 days after the receipt of a written request for modification of the environmental license from the investment project or establishment owner and in the electronic environment via the level-4 online public service system of the license-granting agency or agency authorized to grant environmental licenses under regulations.

3. The consideration and modification of an environmental license under Point b, Clause 2, Article 44 and Clause 4, Article 46 of the Law on Environmental Protection shall be carried out within 25 days after the receipt of a report on trial operation results from the investment project or establishment owner. The environmental license-granting agency shall base itself on a report on inspection results of the investment delegation regarding the trial operation of the waste treatment facility of the investment project or establishment; results of measurement and analysis of reference waste samples and additional waste monitoring samples (if any), and a report on trial operation results of the investment project or establishment owner, to carry out the modification of the environmental license as follows:

a/ It shall collect opinions of the provincial-level specialized agency in charge of environmental protection, and provincial industrial park management board (if the investment project is located in a concentrated production, business or service zone), and opinions of a number of environmental experts, including those having joined the appraisal council or inspection delegation for grant of the environmental license, regarding modified contents of the project or establishment;

b/ It shall notify the investment project or establishment owner of modified contents on hazardous waste types and volumes permitted to be treated or scrap volumes permitted to be imported for use as production materials to suit the practical operation capacity of the project or establishment;

The investment project or establishment owner shall send documents to explain or supplement the modified contents specified at this Point (if any) to the environmental license-granting agency.           

c/ The environmental license-granting agency shall grant a (modified) environmental license to the investment project or establishment owner with its validity period equal to the remaining validity period of the original license to suit the practical operation capacity of the investment project or establishment.

4. Subjects eligible for re-grant of environmental licenses and time for investment project or establishment owners to send dossiers of request for re-grant of environmental licenses are specified as follows:

a/ The subjects specified at Point a, Clause 3, Article 44 of the Law on Environmental Protection shall send dossiers of request for re-grant of their environmental licenses at least 6 months before their licenses expire;

b/ Investment projects, establishments, concentrated production, business or service zones and industrial clusters that wish to increase their scale or capacity or change their production technologies, except changes subject to environmental impact assessment, shall send dossiers of request for re-grant of environmental licenses before actually effecting such increase or change and may only resume operation after being re-granted environmental licenses;

c/ Concentrated production, business or service zones and industrial clusters that wish to add sectors or trades for investment attraction shall send dossiers of request for re-grant of their environmental licenses before actually attracting investment in such sectors or trades (unless the added sectors or trades or investment projects in the added sectors or trades, when being put into operation, are not likely to generate industrial wastewater that must be treated so as to be capable of receiving wastewater of the concentrated wastewater treatment system);

d/ Investment projects, establishments, concentrated production, business or service zones, and industrial clusters that wish to increase the number of sources generating wastewater, dust or emissions that make pollution parameters exceed allowable limits stated in environmental technical regulations on wastes; or give rise to new pollution parameters exceeding allowable limits stated in environmental technical regulations on wastes; increase flows of wastewater, dust or emissions leading to an increase in contents of pollution parameters exceeding allowable limits stated in environmental technical regulations on wastes; increase the noise or vibration pollution level; or change wastewater-receiving waters and methods of discharge of wastes into water sources subject to stricter protection requirements, shall send dossiers of request for re-grant of environmental licenses before actually effecting the change and may only resume operation after being re-granted environmental licenses.

5. The re-grant of environmental licenses under Clause 4 of this Article is provided as follows:

a/ Establishment owners, owners constructing and commercially operating infrastructure facilities of concentrated production, business or service zones and industrial clusters specified at Points a and c, Clause 4 of this Article shall send written requests for re-grant of environmental licenses and reports proposing grant of environmental licenses specified in Clause 3, Article 28 of this Decree (except the contents specified at Points a and c, Clause 3, Article 28 of this Decree) or in Clause 5, Article 28 of this Decree (except the contents specified at Points a and c, Clause 5, Article 28 of this Decree) to state agencies competent to grant environmental licenses. The order and procedures for re-grant of environmental licenses must comply with Article 29 of this Decree.

The time limit for re-grant of environmental licenses is 30 days for establishments falling under the licensing competence of the Ministry of Natural Resources and Environment, Ministry of National Defense or Ministry of Public Security, or 20 days for cases falling under the licensing competence of provincial- or district-level People’s Committees, after the receipt of a complete and valid dossier;

b/ The investment project or establishment owners specified at Points b and d, Clause 4 of this Article shall send written requests for re-grant of environmental licenses and reports proposing grant of environmental licenses specified in Clause 2, 3, 4 or 5, Article 28 of this Decree (including only contents other than those stated in the initial reports proposing grant of environmental licenses) to state agencies competent to grant environmental licenses. The time, order and procedures for re-grant of environmental licenses must comply with Article 29 of this Decree.

6. Investment projects or establishments that have their environmental licenses renewed, modified or re-granted are not required to operate on a trial basis their waste treatment facilities, except the cases specified at Points b and d, Clause 4 of this Article.

7. If detecting that an environmental license is subject to revocation under Clause 5, Article 44 of the Law on Environmental Protection in the course of handling administrative violations, the revocation of such license shall be carried out in accordance with the law on handling of administrative violations. The grant of environmental licenses is provided as follows:

a/ In case an environmental license has been granted ultra vires, within the time limit for remediation of consequences, the investment project or establishment owner shall carry out procedures for application for an environmental license under Article 29 of this Decree;

b/ In case an environmental license has unlawful contents, within 7 days after receiving such license from the person with sanctioning competence, the agency competent to grant environmental licenses shall consider and grant a new environmental license to the investment project or establishment owner, with unlawful contents modified.

8. If detecting that an environmental license is subject to revocation under Clause 5, Article 44 of the Law on Environmental Protection which does not fall into the case specified in Clause 7 of this Article, the revocation thereof and grant of a new environmental license shall be carried out as follow:

a/ The state agency that has detected the environmental license subject to revocation shall send a notice to the agency that has granted it, stating that such license has been granted ultra vires or has contents contrary to the law on environmental protection;

b/ The agency that has granted the environmental license subject to revocation shall consider and review the order and procedures for and contents of appraisal for grant of the environmental license after receiving the notice mentioned at Point a of this Clause.

In case the environmental license has been granted ultra vires, the agency that has granted it shall guide the investment project or establishment owner in making and sending a dossier of application for an environmental license to the agency competent to grant licenses for grant of a new environmental license under Article 29 of this Decree. The agency that has granted the environmental license shall revoke it after the investment project or establishment obtains the new environmental license in accordance with law.

In case the granted environmental license has unlawful contents, the agency that has granted it shall grant a new one to the investment project or establishment with the unlawful contents modified. The revocation of the environmental license having unlawful contents shall be carried out simultaneously with the grant of a new one to the investment project or establishment.

9. Reports proposing re-grant of environmental licenses of operating establishments, concentrated production, business or service zones and industrial clusters subject to environmental criteria equivalent to those of group-I or group-II projects shall be made according to the form provided in Appendix X to this Decree; reports proposing re-grant of environmental licenses of operating production, business or service establishments subject to environmental criteria equivalent to those of group-III projects shall be made according to the form provided in Appendix XII to this Decree; reports proposing re-grant of environmental licenses of the investment projects specified at Points b and d, Clause 4 of this Article subject to environmental criteria equivalent to those of group-II projects shall be made according to the form provided in Appendix IX to this Decree; reports proposing re-grant of environmental licenses of the investment projects specified at Points b and d, Clause 4 of this Article subject to environmental criteria equivalent to those of group-III projects shall be made according to the form provided in Appendix XI to this Decree; and written requests for modification or re-grant of environmental licenses of investment project or establishment owners, and written requests for renewal of environmental licenses of investment project or establishment owners shall be made according to the relevant forms provided in Appendices XIII and XIV to this Decree.

10. The Minister of Natural Resources and Environment shall issue forms related to the renewal, modification, re-grant and revocation of environmental licenses, except the case specified in Clause 9 of this Article.

Article 31. Trial operation of waste treatment facilities after environmental licenses are granted

1. Waste treatment facilities not subject to trial operation include:

a/ Sediment ponds of projects on exploitation of minerals for use as normal building materials or limestone;

b/ Incident response ponds of wastewater treatment systems (except incident response ponds-cum-waste stabilization ponds);

c/ Dust and emission drainage systems, for cases not requiring dust and emission treatment systems, including also systems controlling emissions of boilers fueled by natural gases or diesel oil; incinerator emission treatment systems;

d/ On-spot wastewater treatment facilities and equipment as specified in Clause 3, Article 53 of the Law on Environmental Protection (including also septic tanks and grease traps for restaurant kitchen, and fiber reinforce plastics up to requirements);

dd/ Cooling water treatment systems using Chlorine or other disinfectants to kill microorganisms;

e/ Waste treatment facilities of expanded or increased-capacity projects that see no change compared to granted environmental licenses;

g/ Waste treatment facilities of the subjects specified in Clause 2, Article 39 of the Law on Environmental Protection upon their request for modification of environmental licenses;

h/ Waste treatment facilities of establishments, concentrated production, business or service zones, and industrial clusters upon their owners’ request for re-grant of environmental licenses without a change compared to granted component environmental licenses or environmental licenses.

2. Owners of investment projects that are not subject to environmental impact assessment but are required to have environmental licenses and waste treatment facilities other than those specified in Clause 1 of this Article shall operate on a trial basis such facilities simultaneously with the trial operation of their whole projects or each investment phase of their projects (for projects with phased investment) or independent items of waste treatment facilities of their projects upon the completion of the following jobs:

a/ Construction of waste treatment facilities under environmental licenses; making of dossiers of as-built waste treatment facilities in accordance with the construction law (with minutes of handover and pre-acceptance test between owners and construction and construction supervision contractors of such facilities) with operation process meeting environmental protection requirements. Project owners shall take responsibility before law for dossiers of as-built waste treatment facilities;

b/ Installation of equipment and systems for automatic and continuous wastewater, dust and emission monitoring (in case such installation is required) to supervise quality of wastewater and emissions under this Decree.

3. Owners of investment projects that are subject to environmental impact assessment and required to have environmental licenses and waste treatment facilities other than those specified in Clause 1 of this Article shall operate on a trial basis such facilities simultaneously with the trial operation of their whole projects or each investment phase of their projects (for projects with phased investment) or independent items of waste treatment facilities of their projects under granted environmental licenses. In case of a change in plans on trial operation under granted environmental licenses, they shall perform the responsibility specified in Clause 5 of this Article.

4. Owners of establishments, concentrated production, business or service zones, and industrial clusters specified in Clause 2, Article 39 of the Law on Environmental Protection shall operate on a trial basis their waste treatment facilities under this Article after being granted environmental licenses, unless they have obtained component environmental licenses.

5. Owners of the investment projects specified in Clause 2 of this Article shall notify plans on trial operation of waste treatment facilities and facilities’ items of their projects to environmental license-granting agencies at least 10 days before the date of commencement of trial operation for monitoring and supervision. In case the environmental license-granting agency is the Ministry of Natural Resources and Environment, the owners shall also send such plans to provincial-level specialized agencies in charge of environmental protection for coordinated inspection and supervision of the implementation of such plans.

6. The period of trial operation of waste treatment facilities shall be counted from the time of commencement of trial operation, specifically as follows:

a/ Between 3 months and 6 months, for projects being concentrated production, business or service zones or industrial clusters, and large-capacity investment projects engaged in production, business or service activities that are highly likely to cause environmental pollution as specified in Column 3 of Appendix II to this Decree;

b/ For other projects, the period of trial operation shall be decided by project owners that shall take responsibility for their decision, which must not exceed 6 months and must be long enough for evaluation of efficiency of waste treatment facilities under regulations;

c/ In case it is necessary to extend the period of trial operation, project owners shall notify such in writing, clearly stating reasons for extension, and the extended period must not exceed 6 months. For large-scale projects with phased investment, their period of trial operation may be extended under regulations of license-granting agencies.

7. In the course of trial operation of waste treatment facilities, project owners shall:

a/ Coordinate with provincial-level specialized agencies in charge of environmental protection in localities where projects are implemented in inspecting and supervising the trial operation. For projects subject to automatic wastewater, dust and emission monitoring, it is required to organize monitoring and supervision of the automatic and continuous wastewater, dust and emission monitoring results with surveillance cameras and connection and transmission of data to provincial-level specialized agencies in charge of environmental protection in localities where projects are implemented;

b/ Carry out by themselves the monitoring when following technical guidance of the Ministry of Natural Resources and Environment or coordinate with organizations qualified for providing environmental monitoring services in monitoring wastes and evaluating efficiency of waste treatment facilities. The waste monitoring must comply with environmental standards and technical regulations and the law on standards, measurement and quality. The waste monitoring and sampling (single samples and combined samples) for different types of projects must comply with regulations of the Ministry of Natural Resources and Environment;

c/ Take responsibility for contents of trial operation plans and the whole process of trial operation of waste treatment facilities;

d/ Keep diaries to record all information on the trial operation of waste treatment facilities. The subjects specified in Clause 4, Article 46 of the Law on Environmental Protection shall fully record volumes of hazardous wastes and scraps used by every system and every treatment or recycling equipment;

dd/ Evaluate by themselves or hire capable organizations to evaluate the treatment efficiency of waste treatment facilities of their projects; sum up and evaluate waste monitoring and classification data, and make and send reports on results of trial operation of waste treatment facilities to environmental license-granting agencies within 10 days after the trial operation is finished, except the case specified in Clause 4, Article 46 of the Law on Environmental Protection. In case the environmental license-granting agency is the Ministry of Natural Resources and Environment, project owners shall also send such reports to provincial-level specialized agencies in charge of environmental protection.

8. In the course of trial operation of waste treatment facilities of investment projects, if wastes discharged into the environment fail to conform to environmental technical regulations on wastes, project owners shall:

a/ Terminate the operation or reduce capacity of their investment projects to ensure that existing waste treatment facilities are capable of treating generated wastes up to environmental technical regulations on wastes and under environmental licenses;

b/ Review waste treatment facilities and equipment and the process of operation of waste treatment systems in order to identify causes of pollution and propose solutions; renovate or upgrade existing waste treatment facilities or construct new ones (if necessary) to meet environmental protection requirements under regulations;

c/ In case of causing environmental incidents or pollution, immediately terminate the trial operation and promptly report thereon to environmental license-granting agencies for guidance; in case the environmental license-granting agency is the Ministry of Natural Resources and Environment, send such reports also to provincial-level specialized agencies in charge of environmental protection for coordination in settlement of environmental matters; address environmental incidents, pay compensations for damage, and be handled for violations in accordance with law;

d/ Work out plans on trial operation of waste treatment facilities or facilities’ items that are not up to environmental technical regulations on wastes for resuming  trial operation. The order and procedures for and period of resumed trial operation of waste treatment facilities are the same as those for initial trial operation.

9. Provincial- or district-level specialized agencies in charge of environmental protection shall coordinate with each other in inspecting and monitoring the trial operation of waste treatment facilities for investment projects in their localities at the request of environmental license-granting agencies.

10. Responsibilities of environmental license-granting agencies:

a/ To perform the responsibilities specified in Article 48 of the Law on Environmental Protection;

b/ To form delegations for field inspection of the trial operation of waste treatment facilities of investment projects in the case specified in Clause 4, Article 46 of the Law on Environmental Protection or assign officials or civil servants to carry out field inspection of the trial operation of waste treatment facilities of investment projects in other cases; to carry out measuring, take and analyze samples of wastes discharged into the environment. In case wastes discharged into the environment are not up to environmental technical regulations on wastes, to process or forward dossiers to competent persons for handling of violations under regulations and request project owners to take the measures specified in Clause 8 of this Article; to continue organizing the measuring and taking and analysis of samples of wastes discharged into the environment in the course of resumed trial operation by project owners;

c/ For the case specified in Clause 4, Article 46 of the Law on Environmental Protection, to inspect and decide to adjust hazardous waste types and volumes permitted to be treated or scrap volumes permitted to be imported, and handle violations (if any) according to procedures specified in Clause 3, Article 30 of this Decree;

d/ To receive and settle petitions of project owners concerning the trial operation of waste treatment facilities, and guide project owners in remediating environmental pollution or environmental incidents (if any) in the course of trial operation.

11. Reports on results of trial operation of waste treatment facilities of projects specified in Clause 4, Article 46 of the Law on Environmental Protection shall be made according to the form provided in Appendix XV to this Decree.

12. The Minister of Natural Resources and Environment shall issue forms of documents related to trial operation of waste treatment facilities under this Decree, except the case specified in Clause 11 of this Decree.

Article 32. Subjects exempt from environmental registration

1. The investment projects or establishments specified at Point a, Clause 2, Article 49 of the Law on Environmental Protection.

2. Investment projects that are put into operation and production, business or service establishments that do not generate wastes or generate a volume of domestic solid wastes of under 300 kg per day and are managed under regulations of local administrations; or generate a wastewater volume of under 5 m³ per day or a volume of emissions of under 50 m³ per hour to be treated with on-spot treatment facilities or equipment or managed under regulations of local administrations.

3. The list of investment projects and establishments exempt from environmental protection is provided in Appendix XVI to this Decree.

Chapter IV. ENVIRONMENTAL PROTECTION IN PRODUCTION, BUSINESS AND SERVICE ACTIVITIES, URBAN AND RURAL AREAS, AND SOME OTHER FIELDS

Section 1. ENVIRONMENTAL PROTECTION IN CRAFT VILLAGES

Article 33. Conditions for environmental protection in craft villages

1. To be recognized, craft villages must satisfy the requirements specified in Clause 1, Article 56 of the Law on Environmental Protection.

2. Commune-level People’s Committees shall work out and submit to district-level People’s Committees for approval plans on environmental protection in craft villages, ensuring their suitability to local reality and plans on change of sectors and trades not encouraged to be developed in craft villages and plans on relocation of establishments and households from craft villages approved by provincial-level People’s Committees.

3. Contents of a plan on environmental protection in a craft village include:

a/ General information on the craft village;

b/ Production type and scale of the craft village;

c/ State of generation of emissions, wastewater, domestic solid wastes, normal industrial solid wastes, and hazardous wastes; and environmental protection facilities of the craft village;

d/ Schedule on construction, commissioning and operation of environmental protection facilities and measures; emission and wastewater treatment, solid waste collection places, solid waste treatment zones (if any), and other environmental protection facilities and measures;

dd/ Waste monitoring and supervision program under regulations;

e/ Organization of implementation of the plan; funds needed for the implementation of the plan;

g/ Schedule on change of production sectors or trades of production establishments and households engaged in sectors or trades not encouraged to be developed in the locality or relocation of production establishments and households under regulations of the provincial-level People’s Committee.

4. Self-management organizations in charge of environmental protection in craft villages shall be established by commune-level People’s Committees and operate under regulations promulgated by commune-level People’s Committees, and have the following responsibilities:

a/ To participate in the management, operation, maintenance and renovation of environmental protection infrastructure facilities of craft villages as assigned by commune-level People’s Committees;

b/ To disseminate environmental protection regulations as mentioned in Article 34 of this Decree among production establishments and households, and monitor and urge them to implement such regulations;

c/ To participate in the formulation and implementation of plans on environmental protection in craft villages; environmental protection contents in village conventions or regulations of craft villages; and mobilize the people to eliminate unhygienic customs and habits that are harmful to the environment;

d/ To participate and coordinate with competent agencies in implementing regulations on environmental protection of establishments in craft villages when the latter so request;

dd/ To report to commune-level People’s Committees on the operation, collection, transportation and treatment of wastes of craft villages, or upon detection of signs of environmental pollution, environmental incidents or violations of regulations on environmental protection in craft villages;

e/ To perform other environmental protection tasks at the request of commune-level People’s Committees.

Article 34. Requirements on environmental protection for production establishments and households in craft villages

Production establishments and households in craft villages shall implement regulations on environmental impact assessment, grant of environmental licenses or environmental registration in accordance with the law on environmental protection. Environmental protection facilities of production establishments and households in craft villages must meet the following requirements:

1. Having rainwater and wastewater collection and drainage systems under regulations of local administrations, which are compatible with environmental protection infrastructure facilities of craft villages.

2. Having wastewater treatment facilities or on-spot wastewater treatment facilities and equipment up to environmental technical regulations in case environmental protection infrastructure facilities of craft villages have no concentrated wastewater treatment systems.

3. Having emission treatment facilities or on-spot emission treatment facilities and equipment up to environmental technical regulations in case emissions are generated and must be treated in accordance with law.

4. Implementing technical solutions to mitigate noise, vibration, light, dust and heat radiation to prevent pollution of surrounding environments.

5. Having measures and facilities to collect and store solid wastes in accordance with law.

Article 35. Relocation of production establishments and households from craft villages and change of sectors and trades not encouraged to be developed in craft villages

1. Production sectors and trades not encouraged to be developed in craft villages include:

a/ Production sectors and trades other than rural sectors and trades specified in regulations of the Government on development of rural sectors and trades;

b/ Production sectors and trades that are likely to cause environmental pollution specified in Appendix II to this Decree;

c/ Sectors and trades involving the use of flammable or explosive fuels, materials or chemicals, dangerous chemicals, or chemicals restricted from trading in accordance with the chemical law.

d/ Sectors and trades involving the use of obsolete technological lines, machinery and equipment on the list of technologies restricted from transfer in accordance with the law on technology transfer.

2. Production establishments and households in craft villages that are engaged in sectors or traders not encouraged to be developed in such craft villages as specified in Clause 1 of this Article shall comply with Article 34 of this Decree and plans on change of production sectors and trades or relocation as stated in environmental protection plans of craft villages under Point g, Clause 3, Article 33 of this Decree.

3. Establishments causing serious environmental pollution in craft villages are production, business or service establishments in such craft villages that commit violations of regulations on discharge of wastewater, dust and emissions, cause noise or vibration pollution in excess of allowable limits stated in technical regulations on wastes, or bury, dump or dispose of solid wastes or hazardous wastes in contravention of environmental protection regulations which are serious enough to be subject to the additional sanction of operation termination in accordance with the law on sanctioning of administrative violations in the field of environmental protection.

4. Establishments causing prolonged environmental pollution in craft villages are production, business or service establishments in such craft villages that commit violations of regulations on discharge of wastewater, dust and emissions, cause noise or vibration pollution in excess of allowable limits stated in technical regulations on wastes, or bury, dump or dispose of solid wastes or hazardous wastes in contravention of environmental protection regulations and have been sanctioned for administrative violations but repeat the violations and still fail to remediate consequences though the time limit for consequence remediation has expired.

5. The formulation and approval of plans on change of sectors and trades not encouraged to be developed in craft villages, and relocation of production establishments and households from craft villages are provided as follows:

a/ Commune-level People’s Committees shall review and report to district-level People’s Committees on lists of production establishments and households engaged in sectors and trades not encouraged to be developed in craft villages; establishments and households that fail to implement plans on change of sectors and trades, and those specified in Clauses 3 and 4 of this Article;

b/ District-level People’s Committees shall submit to provincial-level People’s Committees for consideration and approval plans on change of sectors and trades not encouraged to be developed in craft villages and relocation of establishments and households from craft villages;

c/ Provincial-level People’s Committees shall approve plans on change of sectors and trades not encouraged to be developed in craft villages and relocation of establishments and households from craft villages, ensuring their conformity with local reality.

Section 2. ENVIRONMENTAL REMEDIATION AND REHABILITATION IN MINING EXPLOITATION ACTIVITIES

Article 36. Formulation and approval of plans on environmental remediation and rehabilitation in mineral mining activities

1. The formulation and approval of plans on environmental remediation and rehabilitation in mineral mining activities are specified as follows:

a/ Owners of the mineral mining investment projects specified at Point a, Clause 2, Article 67 of the Law on Environmental Protection shall formulate plans on environmental remediation and rehabilitation in the course of environmental impact assessment and have them appraised in the course of appraisal of environmental impact assessment reports;

b/ Owners of the mineral mining establishments specified at Point b, Clause 2, Article 67 of the Law on Environmental Protection that commence their operation before the effective date of this Decree but have no environmental remediation and rehabilitation plans under regulations shall be sanctioned for environmental protection-related administrative violations. Establishments that are required to obtain environmental licenses shall make dossiers of application for environmental licenses, which must have environmental remediation and rehabilitation plans, and have the plans appraised in the course of appraisal of such dossiers. Establishments that are not required to obtain environmental licenses shall formulate environmental remediation and rehabilitation plans and have them appraised under Clauses 2 thru 9 of this Article;

c/ Owners of the mineral mining establishments specified at Point b, Clause 2, Article 67 of the Law on Environmental Protection that are required to obtain environmental licenses and change environmental remediation and rehabilitation contents compared to approved plans shall make dossiers of application for environmental licenses, which must have environmental remediation and rehabilitation plans with changed contents, and have the plans appraised in the course of appraisal of such dossiers. Establishments that are not required to obtain environmental licenses shall formulate environmental remediation and rehabilitation plans and have them appraised under Clauses 2 thru 9 of this Article;

d/ Owners of the mineral mining establishments specified at Point c, Clause 2, Article 67 of the Law on Environmental Protection shall formulate environmental remediation and rehabilitation plans as part of mineral mine closure schemes of mineral mining projects and have them appraised in the course of appraisal of such schemes.

2. A dossier of request for appraisal of an environmental remediation and rehabilitation plan for an establishment not required to obtain an environmental license specified at Point b or c, Clause 1 of this Article must comprise:

a/ A written request for appraisal, made by the establishment owner;

b/ An environmental remediation and rehabilitation plan;

c/ A copy of the approved or certified environmental impact assessment report or environmental protection plan or environmental protection commitment or environmental standard satisfaction registration or simple environmental protection scheme or detailed environmental protection scheme.

3. The time limit for appraisal of an environmental remediation and rehabilitation plan for the case specified in Clause 2 of this Article is 30 days after the receipt of a complete and valid dossier. Within the time limit specified in this Clause, the appraising agency shall notify in writing the establishment owner of appraisal results. The period for the establishment owner to modify or supplement  the environmental remediation and rehabilitation plan at the request of the appraising agency and the period of consideration and issuance of an approval decision specified in Clause 6 of this Article shall not be included in the time limit for appraisal.

4. The appraisal of an environmental remediation and rehabilitation plan covers:

a/ Legal grounds for and compliance in terms of structure and contents of the plan with current regulations;

b/ Conformity of contents of the plan with relevant environmental protection requirements, national-level sectoral master plans, provincial-level master plans (if any) and land use master plans;

c/ Bases for calculation of volumes of environmental remediation and rehabilitation items and environmental remediation and rehabilitation expenses; accuracy and completeness of volumes and fund estimates, and appropriateness of the deposit payment method.

5. The appraisal of an environmental remediation and rehabilitation plan for the case specified in Clause 2 of this Article shall be carried out by an appraisal council established by the competent agency mentioned in Clause 8 of this Article. Such appraisal council shall be composed of at least 7 members, including its chairperson, vice chairperson (in case of necessity), and experts representing at least one-third of total members. Experts who are members of an appraisal council must have expertise in the field of environment, minerals or another related field and working experience meeting the requirements specified at Point b, Clause 3, Article 34 of the Law on Environmental Protection.

Experts participating in the formulation of an environmental remediation and rehabilitation plan may not join the council for appraisal of such plan.

In case of necessity, the appraising agency shall organize a field survey and collect opinions of agencies, organizations and experts to serve the appraisal of an environmental remediation and rehabilitation plan.

During appraisal of an environmental remediation and rehabilitation plan, if requiring the modification or supplementation of such plan, the appraising agency shall notify such to the project owner for modification or supplementation. Within 12 months after receiving a written request for plan modification or supplementation from the appraising agency, the establishment owner shall finalize the plan and send to the appraising agency such plan together with a document on explanation about and assimilation of appraisal opinions. Past that time limit, the appraisal of the plan must comply with Clause 2 of this Article.

6. Results of the appraisal of an environmental remediation and rehabilitation plan shall be stated in a decision approving appraisal results. Within 15 days after receiving a dossier of the modified or supplemented environmental remediation and rehabilitation plan (if any), the appraising agency shall issue a decision approving appraisal results. In case of refusal to approve appraisal results, the appraising agency shall reply in writing to the establishment owner, clearly stating the reason. A dossier of a modified or supplemented environmental remediation and rehabilitation plan (if any) must comprise:

a/ A document explaining appraisal opinions;

b/ The modified or supplemented environmental remediation and rehabilitation plan.

7. The sending of dossiers of request for appraisal of environmental remediation and rehabilitation plans, and notification of plan appraisal results shall be made by hand-delivery, by post or via the online public service system according to a schedule set by a competent state agency.

8. The competence to appraise environmental remediation and rehabilitation plans for the case specified in Clause 2 of this Article is provided as follows:

a/ The Ministry of Natural Resources and Environment shall organize the appraisal of environmental remediation and rehabilitation plans for mineral mining establishments falling under its competence to grant mineral mining licenses.

b/ Provincial-level People’s Committees shall organize the appraisal of environmental remediation and rehabilitation plans for mineral mining establishments falling under their competence to grant mineral mining licenses.

9. The Minister of Natural Resources and Environment shall issue a form of written request for appraisal and issue regulations on operation of councils for appraisal of environmental remediation and rehabilitation plans under this Article.

Article 37. Deposits for environmental remediation and rehabilitation and refund of deposits for environmental remediation and rehabilitation in mineral mining activities

1. Deposit amounts shall be calculated to cover all environmental remediation and rehabilitation expenses on the basis of environmental remediation and rehabilitation contents approved by competent agencies.

2. The calculation of deposit amounts must apply norms and unit prices set by localities at the time of formulation of environmental remediation and rehabilitation plans. In case a locality has set no norms and unit prices, norms and unit prices of a relevant ministry or sector may be applied. In case such ministry or sector has set no norms and unit prices, market prices shall be applied.

3. Calculation of deposit amounts:

a/ The total deposit amount (exclusive of the slippage factor) is equal to total expenses for items of environmental remediation and rehabilitation facilities. The calculation method and estimation of environmental remediation and rehabilitation expenses must comply with guidance of the Ministry of Natural Resources and Environment;

b/ An annual deposit amount (exclusive of the slippage factor) is equal to the total deposit amount minus the initial deposit amount then equally divided by the remaining years in the investment project period or stated in mineral mining licenses;

c/ Organizations and individuals that pay deposit amounts for a year shall take into account the slippage factor, which is equal to the annual deposit amount specified at Point b of this Clause multiplied by the consumer price index of the previous years up to the time of approval of their plans or supplemented plans. The annual consumer price index is that announced by the General Statistics Office of Vietnam for localities where minerals are mined or by competent agencies.

4. Deposit payment period:

a/ For organizations and individuals that apply for new mineral mining licenses, the deposit payment period shall be determined according to investment projects appraised by competent agencies but must not exceed 30 years;

b/ For organizations and individuals that have obtained mineral mining licenses, the deposit period shall be determined according to the remaining validity period of such licenses counted from the time of approval of an environmental remediation and rehabilitation plan;

c/ In case the mineral mining periods stated in mineral mining licenses are different from those calculated in approved plans, organizations and individuals shall modify contents and calculate deposit amounts according to the periods stated in such licenses and send them to competent agencies that have approved the plans for consideration and modification.

5. Deposit payment method:

a/ Organizations and individuals that possess mineral mining licenses of a validity period of 1 year or less shall pay one-off deposits. The deposit amount is equal to 100% of the approved payable deposit amount, taking into account the slippage factor at the time of deposit payment;

b/ Organizations and individuals that possess mineral mining licenses of a validity period of 1 year or more may pay deposits in installments. The initial deposit amount must take into account the slippage factor at the time of deposit payment and shall be determined as follows:

For mineral mining licenses of a validity period short than 10 years: The initial deposit amount is equal to 25% of the total deposit amount.

For mineral mining licenses of a validity period of between 10 years and under 20 years: The initial deposit amount is equal to 20% of the total deposit amount.

For mineral exploitation licenses of a validity period of 20 years or more: The initial deposit amount is equal to 15% of the total deposit amount;

c/ Deposit amounts inclusive of the slippage factor shall be declared and paid by organizations and individuals themselves and notified to environmental protection funds to which such deposit amounts are paid;

d/ Interest rates for deposit amounts are equal to interest rates of loans provided by environmental protection funds to which such deposit amounts are paid and calculated at the time of deposit payment.

6. Time of deposit payment and receipt of deposits:

a/ Mineral-mining organizations and individuals shall pay initial deposits within 30 days after having their environmental remediation and rehabilitation plans or supplemented plans approved;

b/ Organizations and individuals that are granted new mineral mining licenses shall pay initial deposits before the registered date of commencement of capital construction of mines;

c/ In case of payment of deposits in installments, from the second time onward, deposit amounts shall be paid within 7 days after competent agencies announce the consumer price index of the year preceding the year of deposit payment;

d/ Deposit recipients are specified at Point a, Clause 4, Article 137 of the Law on Environmental Protection;

dd/ Deposit recipients shall check the accuracy of deposit amounts and issue deposit receipts to deposit payers.

7. The refund of deposit amounts shall be made on the basis of progress of completion of environmental remediation and rehabilitation contents by organizations and individuals. Agencies competent to approve mine closure schemes of mineral mining projects shall inspect the completion of environmental remediation and rehabilitation plans in the stage of pre-acceptance test of results of the implementation of mine closure schemes. Contents of completion of environmental remediation and rehabilitation plans constitute part of mine closure decisions:

a/ Within 90 days after receiving mine closure decisions, deposit recipients shall refund deposit amounts to organizations and individuals;

b/ Organizations and individuals may withdraw interests only once after obtaining mine closure decisions;

c/ The refund of deposit amounts to organizations and individuals that return their mineral mining licenses or have them revoked shall be carried out right after mine closure decisions are issued.

8. In case the holder of a mineral mining license is changed, the new holder shall continue performing obligations on environmental remediation and rehabilitation and environmental remediation and rehabilitation deposit payment, and notify such to the agency that has appraised the environmental remediation and rehabilitation plan and the provincial-level specialized agency in charge of environmental protection.

9. In case a mineral-mining organization or individual has paid a deposit amount but later gone bankrupt while not carrying out the environmental remediation and rehabilitation under the approved environmental remediation and rehabilitation plan, the agency competent to approve the mine closure scheme of the mineral mining project shall use the deposit amount, inclusive of its interest, for the environmental remediation and rehabilitation.

10. The Ministry of Finance shall guide the management and use of deposits amounts for environmental remediation and rehabilitation in mineral mining activities at environmental protection funds.

Section 3. ENVIRONMENTAL PROTECTION IN THE MANAGEMENT OF PERSISTENT POLLUTANTS AND RAW MATERIALS, FUELS, MATERIALS, PRODUCTS, GOODS AND EQUIPMENT CONTAINING PERSISTENT POLLUTANTS

Article 38. Registration of exemptions of persistent organic pollutants under the Stockholm Convention

1. Persistent organic pollutants (POPs) are subject to registration of exemptions under the Stockholm Convention as provided in Appendix XVII to this Decree.

The Ministry of Natural Resources and Environment shall register for exemption of POPs with the Stockholm Convention’s Secretariat as requested by the Stockholm Convention on the basis of reviewing and evaluating the practical situation and forecasts of POP exemption registrations made by related agencies, organizations and individuals. In case a change is made in the requirements on exemption registration under the Stockholm Convention, such change shall apply.

2. Organizations and individuals that import, produce or use POPs specified in Appendix XVII to this Decree as production materials shall register for POP exemption and send POP exemption registration dossiers to the Ministry of Natural Resources and Environment. Such a dossier must comprise:

a/ One POP exemption registration, made according to the form provided in Appendix XVIII to this Decree;

b/ One report on POP exemption registration, made according to the form provided in Appendix XIX to this Decree;

c/ The latest environmental monitoring and supervision results in accordance with law.

3. Order and procedures for POP exemption registration:

a/ An organization or individual shall make a POP exemption registration dossier specified in Clause 2 of this Article, and hand-deliver it or send it by post or online via the online public service system of the Ministry of Natural Resources and Environment;

b/ Within 5 days after receiving a POP exemption registration dossier, the Ministry of Natural Resources and Environment shall check its completeness and validity; and notify in writing the completeness and validity of the dossier to the registration requester;

c/ After receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall form an inspection delegation to examine the dossier under regulations;

d/ Within 45 days after receiving a complete and valid dossier, based on examination results, the Ministry of  Natural Resources and Environment shall send a notice of approval of POP exemption registration, made according to the form provided in Appendix XX to this Decree, to the registration requester. In case of refusal to approve POP exemption registration, it shall reply in writing to the registration requester, stating the reason.

4. As from January 1, 2023, notices of approval of POP exemption registration of the Ministry of Natural Resources and Environment will serve as a basis for customs offices to consider and permit customs clearance for POPs.

5. Organizations and individuals that are entrusted by those whose registrations of exemption of POPs for use as production materials are approved by the Ministry of Natural Resources and Environment to import POPs specified in Appendix XVII to this Decree may only import POPs of types and in volumes as stated in the approval notices. Organizations and individuals entrusted to import the POPs specified in Appendix XVII to this Decree shall wholly transfer imported POPs to the entrusting entities under entrustment contracts.

6. Upon the expiration of the time limit for POP exemption registration under the Stockholm Convention, the POPs specified in Appendix XVII to this Decree shall be managed under regulations on management of hazardous wastes.

Article 39. Labeling and disclosure of information on raw materials, fuels, materials, products, goods and equipment containing persistent pollutants

1. Based on environmental technical regulations regarding allowable limits of persistent pollutants in raw materials, fuels, materials, products, goods and equipment, organizations and individuals that import, produce or trade in materials, fuels, materials, products, goods and equipment containing persistent pollutants shall affix labels on them and disclose information under Clauses 2 and 3 of this Article.

2. The labeling of raw materials, fuels, materials, products, goods and equipment containing persistent pollutants must satisfy the following requirements:

a/ Positions, sizes, colors, images, signs and languages of labels of raw materials, fuels, materials, products, goods and equipment containing persistent pollutants must comply with the law on goods labels;

b/ Contents displayed on labels of raw materials, fuels, materials, products, goods and equipment containing persistent pollutants, including names, contents of persistent pollutants as specified in environmental technical regulations on allowable limits of persistent pollutants in raw materials, fuels, materials, products, goods and equipment, or information on satisfaction of international standards related to persistent pollutants and other information as specified by the law on goods labels.

3. For raw materials, fuels, materials, products and finished products without commercial packaging, organizations and individuals that import, produce or trade in them shall send notices, made according to the form issued by the Ministry of Natural Resources and Environment, to the Ministry of Natural Resources and Environment, and disclose information on persistent pollutants in raw materials, fuels and materials according to the contents specified at Point b, Clause 2 of this Article on their websites.

4. Organizations and individuals that produce raw materials, fuels, materials, products, goods and equipment containing persistent pollutants shall affix labels on them and disclose information on such persistent pollutants in such raw materials, fuels, materials, products, goods and equipment under Clauses 2 and 3 of this Article after assessing their conformity under Clause 3, Article 40 of this Decree and before selling them on the market.

5. Organizations and individuals that produce, import or trade in raw materials, fuels, materials, products, goods and equipment containing persistent pollutants and fail to strictly comply with regulations on labeling of and disclosure of information on such raw materials, fuels, materials, products, goods and equipment shall take measures to remedy, recall and dispose of them in accordance with the law on environmental protection and law on management of product and goods quality.

Article 40. Assessment of conformity and inspection of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants

1. Organizations and individuals that import or produce raw materials, fuels, materials, products, goods and equipment containing persistent pollutants shall send notices enclosed with results of assessment of conformity of such raw materials, fuels, materials, products, goods and equipment to the Ministry of Natural Resources and Environment after having them customs-cleared and before selling them on the market.

2. Vietnam accredits and recognizes results of conformity assessment for raw materials, fuels, materials, products, goods and equipment containing persistent pollutants which is carried out by capable international organizations or countries in accordance with law.

3. Organizations and individuals that import or produce persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants shall, before labeling and disclosing information on them, select conformity assessment organizations to test, inspect, assess and certify quality conformity with relevant environmental technical regulations.

4. Conformity assessment organizations are those granted by the Ministry of Natural Resources and Environment certificates of eligibility for provision of environmental monitoring services for persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants.

5. The inspection of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants must comply with the law on environmental protection and law on management of product and goods quality. The forms of decisions to form inspection delegations and minutes of inspection and conformity assessment results shall be issued by the Ministry of Natural Resources and Environment. In case of detecting persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants not up to relevant environmental technical regulations, organizations and individuals that import, produce or trade in them shall be sanctioned for administrative violations in the fields of environmental protection, management of product and goods quality, and disclosure of information in accordance with the law on management of product and goods quality.

Article 41. Responsibilities of organizations and individuals that import, produce, trade in or use persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants

1. Organizations and individuals that import, produce, trade in or use persistent pollutants and materials, fuels, materials, products, goods and equipment containing persistent pollutants shall ensure no excess of the law-specified allowable limits of such persistent pollutants and raw materials, fuels, materials, products, goods and equipment; destroy and safely dispose of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants in excess of allowable limits with appropriate technologies up to environmental protection requirements or bear total responsibility and expenses for destruction and disposal in accordance with current regulations.

2. Organizations and individuals that import the POPs specified in Appendix VXII to this Decree shall send notices of POP volumes and names to the Ministry of Natural Resources and Environment before actually importing each POP shipment.   

3. Organizations and individuals that produce persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants and those that use persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants as production materials shall:

a/ Annually send reports to the Ministry of Natural Resources and Environment on volumes and types of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants as specified in environmental technical regulations on allowable limits of persistent pollutants in raw materials, fuels, materials, products, goods and equipment. Contents of such reports shall be incorporated in reports on environmental protection work;

b/ Work out plans on termination of production or use of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants in case they are in excess of law-specified allowable limits;

c/ Take measures to safely collect, store, dispose of and manage persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants under regulations;

d/ Transfer wastes containing persistent pollutants to organizations and individuals that are capable of disposing of them under regulations.

4. Organizations and individuals that cause soil environment pollution shall assess risks and make risk warnings, and treat, remediate and rehabilitate the environment in soil areas contaminated with persistent pollutants under Article 13 of this Decree.

Article 42. Responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees in the management of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for organizing the POP exemption registration, and inspect and supervise the termination of import, production and use of POPs as production materials under regulations on POP exemption registration; assess the POP production and use demand; control sources of generation and assess conformity of, and inspect, persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants in accordance with law; sign agreements on mutual recognition of results of conformity assessment for raw materials, fuels, materials, products, goods and equipment containing persistent pollutants which is carried out by capable international organizations and countries in accordance with law.

2. Responsibilities of related ministries and ministerial-level agencies and provincial-level People’s Committees:

a/ The Ministry of Industry and Trade, Ministry of Finance (General Department of Vietnam Customs), other ministries, ministerial-level agencies and provincial-level People’s Committees shall coordinate with the Ministry of Natural Resources and Environment in organizing the fulfillment of environmental protection requirements and providing or sharing information in fields under their charge regarding the import, export, production, trading or use of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants under Articles 38, 39 and 40 of this Decree and relevant regulations;

b/ The Ministry of National Defense, Ministry of Public Security and provincial-level People’s Committees shall assess, identify and warn about soil pollution risks, and treat, remediate and rehabilitate the environment in soil areas historically contaminated with persistent pollutants or with unidentifiable polluters under Article 14 of this Decree.

Section 4. ENVIRONMENTAL PROTECTION IN IMPORT AND DEMOLITION OF USED SEAGOING SHIPS AND IMPORT OF SCRAPS

Article 43. Eligible subjects and environmental protection conditions for establishments importing used seagoing ships for demolition

1. Subjects eligible for importing used seagoing ships for demolition are specified in the Government’s regulations on import and demolition of used seagoing ships.

2. Conditions on physical foundations and environmental technical infrastructure facilities of a seagoing ship demolition establishment:

a/ Having an area and special-use equipment for seagoing ship demolition suitable to each type and tonnage of ships, ensuring no leakage or dispersion of untreated and unmanaged wastes outside the demolition area which is likely to cause water, soil and air pollution;

b/ Having an area for storage of post-demolition materials and equipment that has a ground elevation high enough to prevent inundation, air-tight and crack-free floors made of waterproof and durable materials to bear the highest load of materials and equipment according to calculations. Waste retention sites must have overflow rainwater collection and treatment systems up to environmental technical regulations;

c/ Having an area for retention of hazardous wastes; and an area for retention of normal industrial solid wastes and domestic solid wastes generated in the course of seagoing ship demolition up to law-specified requirements.

3. Seagoing ship demolition establishments shall take the following measures to manage wastes and scraps in the demolition of used seagoing ships:

a/ Collection of fuels, oils, bilge water, ballast water, other liquids and flammable or explosive materials; ventilating and sufficiently supplying air to closed spaces on ships (cargo holds, double bottoms, tanks and cisterns) to ensure safe working conditions. These activities shall be carried out throughout the course of demolition;

b/ Take-off of asbestos and PCBs: Before cutting up ship hulls into pieces, it is required to take off, collect and transport asbestos and PCBs from cutting positions. After parts of demolished ships are brought ashore, it is required to continue collecting all the remaining amounts of asbestos and PCBs which are more easily accessible. Areas of asbestos take-off shall be tightly covered to minimize the dispersion of asbestos fibers into the surrounding environment and accessible for authorized personnel only. Asbestos shall be moisturized before and throughout the process of take-off. At least 2 workers with adequate personal protective equipment shall be assigned to remove asbestos, one of whom shall moisturize and the other shall take-off asbestos. Onshore places for asbestos take-off shall be arranged in isolation from other places with a similar process;

c/ After being taken-off, asbestos shall be contained in airtight special-use packages of at least 2 layers, then transported to hazardous waste storages and transferred for disposal under regulations;

d/ Liquid wastes containing PCBs shall be contained in hard packages or containing devices placed on pallets that may not be piled up. Areas for storing of wastes containing PCBs (solid and liquid) shall be isolated from other wastes and safely secured before such wastes are transferred for treatment under regulations;

dd/ Oils and fuels shall be pumped into separate tanks or cisterns (not mixed) before being transported to storage areas and transferred for treatment under regulations;

e/ Non-metallic materials take-off from metals shall be sorted, classified and treated in accordance with regulations on waste management;

g/ Radioactive wastes generated from the process of ship demolition shall be collected, stored, treated and managed in accordance with regulations on management of radioactive wastes and spent radioactive sources in accordance with the law on atomic energy;

h/ Within 45 days after the ship demolition is completed, ship demolition establishments shall transfer all hazardous wastes and industrial wastes subject to treatment to functional units under regulations.

4. Seagoing ship demolition establishments must have their environmental management systems certified based on national standard TCVN ISO 14001 or international standard ISO 14001.

Article 44. Environmental protection conditions for used seagoing ships imported for demolition

1. Used seagoing ships imported for demolition must satisfy requirements on ship categories permitted for import under the Government’s regulations on import and demolition of used seagoing ships.

2. Seagoing ships to be imported for demolition must satisfy the following requirements:

a/ Ensuring that their radioactive wastes and sources are not in excess of allowable limits specified by the law on atomic energy;

b/ Having C.F.C gases in their equipment fully recovered before being imported into Vietnam;

c/ Ensuring that their ballast water contains no invasive alien species or potentially invasive species on the list issued by the Ministry of Natural Resources and Environment;

d/ Containing no weapons, ammunitions and explosives;

dd/ Having had all cargoes on board unloaded.

3. Used seagoing ships imported for demolition must satisfy national technical regulations on environment for used seagoing ships imported for demolition. The certification of conformity with national technical regulations on environment for used seagoing ships to be imported for demolition shall be carried out by conformity certification organizations specified by the law on product and goods quality.

Article 45. Environmental protection requirements and responsibilities of organizations and individuals importing scraps for use as production materials

Organizations and individuals may only import scraps for use as production materials for their investment projects or production establishments and shall satisfy the environmental protection requirements specified in Clause 2, Article 71 of the Law on Environmental Protection. A number of environmental protection requirements and conditions are specified as follows:

1. Having a production establishment with technology and equipment for scrap recycling and reuse that meet law-specified environmental protection requirements.

2. Having technology and equipment for removal of impurities in imported scraps up to environmental technical regulations. In case such technology and equipment are not available, imported scraps containing impurities shall be transferred to units with appropriate functions for treatment.

3. Conditions on warehouses or yards for storage of imported scraps:

a/ Warehouses for storage of imported scraps:

Having a separate rainwater collection system; having a system for collection and treatment of wastewater of various kinds generated in the course of scrap storage up to environmental technical regulations on wastewater;

Having a ground elevation high enough for inundation prevention; floors in the scrap storage area must be designed to prevent rainwater overflow from outside; floors must be airtight and waterproof and can bear the highest load of scraps according to calculations;

Having walls and partitions made of fireproof materials; having roofs of fireproof materials to protect the whole scrap storage area from direct sunlight and rain; having solutions or designs to limit direct winds blowing inside;

b/ Yards for storage of imported scraps:

Having a system for collection and treatment of overflow rainwater in the scrap storing yard and wastewater of various kinds generated in the course of scrap storage up to environmental technical regulations on wastewater;

Having a ground elevation high enough for inundation prevention; floors must be airtight and waterproof and can bear the highest load of scraps according to calculations;

Having solutions to mitigate dust emission from the scrap storing yard.

4. Having an environmental license with a content on use of imported scraps for use as production materials or a component environmental license being a written certification of environmental protection eligibility in the import of scraps for use as production materials under Point d, Clause 2, Article 42 of the Law on Environmental Protection, except the case specified in Clause 18, Article 168 of this Decree and the case of import of scraps generated from activities of non-tariff zones, or export processing zones or enterprises.

5. Paying environmental protection deposits under Article 46 of this Decree.

6. Organizations and individuals that import scraps may choose to carry out customs procedures at customs offices managing border gates of importation or customs offices of localities where production establishments using imported scraps are located; select places of quality inspection of imported scraps at border gates of importation or at customs offices of localities where production establishments using imported scraps are located or at production establishments using imported scraps. Imported scraps may be permitted to be unloaded onto ports only when satisfying the following requirements:

a/ Organizations and individuals that are cargo consignees stated in e-manifests possess environmental licenses or component environmental licenses as specified in Clause 4 of this Article which remain valid and still have scrap volumes permitted for import;

b/ Organizations and individuals that are cargo consignees stated in e-manifests possess written certifications of payment of deposits as security for imported scraps, for scraps stated in e-manifests under Point b, Clause 3, Article 46 of this Decree.

Customs offices shall check the information details specified at Points a and b of this Clause before permitting the unloading of scraps onto ports.

7. Assessment of conformity with environmental technical regulations of scraps imported for use as production materials

a/ Organizations assessing conformity with environmental technical regulations of scraps imported for use as production materials include assessment organizations designated in accordance with law and foreign assessment organizations accredited in accordance with law;

b/ Organizations assessing conformity with environmental technical regulations may provide services in Vietnam’s territory after satisfying the conditions specified by the law on product and goods quality, the Government’s regulations on conditions for provision of conformity assessment services, and regulations on specialized inspection.

8. Organizations and individuals that import scraps for use as production materials shall declare information, submit e-dossiers and carry out import procedures in accordance with the customs law. In addition to documents specified by the customs law, a dossier for imported scraps must comprise:

a/ A certificate of quality of the country of exportation (if any); a certificate of origin (if any); photos or written descriptions of scraps;

b/ A written certification of payment of deposits as security for imported scraps (a scanned copy of the original bearing the importer’s certified e-signature);

c/ A certificate of quality inspection of the imported scrap shipment;

d/ A written commitment on re-export or disposal of imported scraps in case they fail to meet environmental protection requirements, made according to the form provided in Appendix XXI to this Decree.

9. Organizations and individuals that import scraps and use imported scraps as production materials shall:

a/ Import scraps of categories and in volumes permitted for import as stated in environmental licenses or component environmental licenses mentioned in Clause 4 of this Article;

b/ Use all imported scraps as materials for production of products and goods under this Decree;

c/ Sort and classify wastes generated from the use of imported scraps so as to work out appropriate waste treatment plans;

d/ Take responsibility before law for the import of scraps and use of imported scraps as production materials; coordinate with trade associations in performing the environmental protection work under regulations; and pay all expenses for disposal of violating imported scraps.

10. The Ministry of Natural Resources and Environment shall provide technical guidance on conformity assessment and certify and accredit organizations assessing conformity with environmental technical regulations and assess quality of scraps imported for use as production materials mentioned in this Article.

Article 46. Payment of environmental protection deposits in the import of scraps for use as production materials

1. Purpose and method of payment of environmental protection deposits in the import of scraps for use as production materials:

a/ Payment of environmental protection deposits in the import of scraps for use as production materials aims at ensuring that scrap importers are responsible for handling environmental pollution risks possibly likely to be posed by imported scrap shipments;

b/ Scrap importers shall pay deposits at the Vietnam Environment Protection Fund or provincial-level environmental protection funds or credit institutions where they open transaction accounts (below collectively referred to as deposit recipients). The deposit payment shall be made for each shipment of imported scraps or each contract containing information on and value of a shipment;

c/ Deposits shall be paid or refunded in Vietnam dong and are entitled to interest rates agreed upon in accordance with law.

2. Environmental protection deposit amounts in the import of scraps for use as production materials:

a/ Importers of iron and steel scraps shall pay environmental protection deposits as follows:

For an import volume of under 500 tons, the payable deposit amount is equal to 10% of the total value of the imported scrap shipment;

For an import volume of between 500 tons and under 1,000 tons, the payable deposit amount is equal to 15% of the total value of the imported scrap shipment;

For an import volume of 1,000 tons or more, the payable deposit amount is equal to 20% of the total value of the imported scrap shipment;

b/ Importers of paper and plastic scraps shall pay environmental protection deposits as follows:

For an import volume of under 100 tons, the payable deposit amount is equal to 15% of the total value of the imported scrap shipment;

For an import volume of between 100 tons and under 500 tons, the payable deposit amount is equal to 18% of the total value of the imported scrap shipment;

For an import volume of 500 tons or more, the payable deposit amount is equal to 20% of the total value of the imported scrap shipment;

c/ Importers of scraps other than those specified at Points a and b of this Clause shall pay environmental protection deposit amounts equal to 10% of the total value of imported scrap shipments.

3. Procedures for payment of environmental protection deposits in the import of scraps for use as production materials:

a/ Scrap importers shall pay deposits before imported scraps are unloaded onto ports, in case scraps are imported through sea border gates or imported into Vietnam’s territory in other cases;

b/ Right after receiving deposits, deposit recipients shall certify the deposit payment by scrap importers in the latter’s written requests for deposit payment. The certification contents must show the following information: name of the frozen account; total deposit amount calculated under this Decree; time limit for deposit refund which must be made right after the customs clearance of imported scraps; and account freezing period (if any);

c/ The deposit recipient shall send to the scrap importer 2 originals of the written certification of deposit payment as security for imported scraps. The scrap importer shall send 1 original of the written certification of deposit payment to the customs office that has carried out customs clearance procedures.

4. The management and use of environmental protection deposits in the import of scraps for use as production materials:

a/ Deposit recipients where scrap importers have paid environmental protection deposits in the import of scraps for use as production materials shall freeze deposit amounts in accordance with law;

b/ Deposit recipients that have received deposit amounts shall refund such amounts to scrap importers after receiving the latter’s written requests enclosed with information on serial numbers of import customs declarations for customs-cleared imported scrap shipments or information on cancellation of import customs declarations of customs offices or after having completely executed re-export or destruction decisions in accordance with regulations on waste management;        

c/ In case imported scraps are ineligible for customs clearance and cannot be re-exported, deposit amounts shall be used to pay expenses for disposal and destruction of violating imported scraps. If deposit amounts are not enough to pay all expenses for disposal and destruction of violating imported scraps, scrap importers shall pay such expenses. Valuable products obtained from the disposal and destruction of violating imported scraps (excluding product parts obtained from raw materials, additives or other scraps mixed in the production process of units designated to dispose of violating imported scraps) shall be confiscated in accordance with law and shall not be accounted into expenses for disposal and destruction of violating imported scraps.

The disposal and destruction of violating imported scraps must comply with regulations on waste management. Violators shall reach agreement with capable units for disposal and destruction of violating wastes and scraps; units disposing of and destroying violating imported scraps shall be indicated in sanctioning decisions of persons competent to sanction administrative violations in accordance with law. In case it is impossible to identify violating scrap importers, the disposal and destruction of violating imported scraps shall be carried out by the State in accordance with law;

d/ In case deposit amounts are not used up after payment of expenses for disposal of violating imported scrap shipments, within 5 days after receiving written opinions on the completion of the scrap disposal and destruction from competent agencies that have imposed sanctions in accordance with the law on sanctioning of administrative violations in the field of environmental protection, deposit recipients shall refund the remaining deposit amounts to scrap importers.        

Section 5. ENVIRONMENTAL PROTECTION IN CONCENTRATED PRODUCTION, BUSINESS OR SERVICE ZONES AND INDUSTRIAL CLUSTERS AND IN SOME OTHER FIELDS

Article 47. General provisions on environmental protection in concentrated production, business or service zones

1. Functional sub-zones in concentrated production, business or service zones shall be planned to satisfy the following conditions: minimizing impacts of production, business or service activities that are likely to cause environmental pollution to other production, business or service activities; facilitating the prevention of and response to environmental incidents; raising the waste reuse or recycling capacity, saving energy and ensuring industrial symbiosis.

2. Projects in concentrated production, business or service zones must ensure environmental safety distances from other establishments and socio-economic entities surrounding such zones under national technical regulations on technical infrastructure facilities in order to minimize their impacts on the latter.

3. It is encouraged to use reuse wastes and apply cleaner production technologies in order to ensure energy conservation, industrial symbiosis and circular economy.

4. It is encouraged to establish new concentrated production, business or service zones or transform existing ones into eco-industrial parks.

Article 48. Requirements on technical infrastructure facilities for environmental protection of concentrated production, business or service zones and industrial clusters

1. Technical infrastructure facilities for environmental protection shall be arranged in a fashion suitable to different investment forms in concentrated production, business or service zones and industrial clusters, thereby minimizing adverse impacts on the surrounding environment, and completely built before the commissioning of establishments in such zones and clusters.

2. Rainwater collection and drainage systems must satisfy the following requirements:

a/ Being separated from wastewater collection and drainage systems;

b/ Having septic tanks for sludge settlement and oil skimming before rainwater is discharged into common rainwater drainage systems of the zones;

c/ Being regularly dredged, maintained and repaired to normally operate at any time.

3. Treated wastewater collection and drainage systems must satisfy the following environmental protection requirements:

a/ Positions and elevations of septic tanks shall be appropriately arranged for connection with wastewater discharge points of establishments, ensuring wastewater drainage capacity of concentrated production, business or service zones; wastewater drainage systems’ connection points must be located on collection lines of water drainage systems of concentrated production, business or service zones and outside premises of establishments;

b/ Treated wastewater collection and drainage systems must be solid and waterproof and capable of preventing wastewater leakage into the surrounding environment according to construction design standards and technical regulations or product and goods quality standards;

c/ Treated wastewater discharge points must have signboards and work platforms of an area of at least 1 m² each and passageways convenient for the inspection and control of discharge sources;

d/ Treated wastewater collection and drainage systems shall be regularly dredged, maintained and repaired to normally operate at any time.

4. Concentrated wastewater treatment systems must satisfy the following environmental protection requirements:

a/ Being divided into modules in conformity with the progress of occupancy and operation of concentrated production, business or service zones and industrial clusters while being capable of treating the whole volume of generated wastewater up to environmental technical regulations and in conformity with granted environmental licenses;

b/ Having independent electric power meters;

c/ Having automatic and continuous monitoring systems under Clause 4, Article 97 of this Decree;

d/ Being regularly operated according to the technological process to ensure that wastewater is treated up to environmental technical regulations before being discharged into the receiving waters; being regularly maintained and repaired to normally operate at any time;

dd/ Sludge of concentrated wastewater treatment systems shall be collected, transported and treated or reused in accordance with regulations on waste management;

e/ Equipment for collection and facilities for storage of domestic solid wastes, normal solid wastes and hazardous wastes, and for treatment of emissions (if any) must satisfy relevant environmental protection requirements specified in Chapter V of this Decree;

g/ The operation of concentrated wastewater treatment systems must be fully recorded in operation diaries, including the following contents: (input and output) flows, typical parameters of input and output wastewater (if any); electric power output consumed; types and volumes of chemicals used and sludge generated. Operation diaries shall be written in Vietnamese and retained for at least 2 years;

h/ Standards on input wastewater of concentrated wastewater treatment systems must be stated in decisions approving environmental impact assessment reports, environmental licenses, environmental registrations and environmental protection regulations of concentrated production, business or service zones and industrial clusters.

5. Technical infrastructure facilities for environmental protection must have facilities and equipment for prevention of and response to environmental incidents as specified by law.

Article 49. Responsibilities of agencies, organizations and individuals in environmental protection in concentrated production, business or service zones and industrial clusters

1. Investors that construct and commercially operate infrastructure facilities of concentrated production, business or service zones shall comply with the provisions of Clause 4, Article 51 of the Law on Environmental Protection; investors that construct and commercially operate infrastructure facilities of industrial clusters shall comply with the provisions of Clause 3, Article 52 of the Law on Environmental Protection. Some provisions are specified as follows:

a/ The receipt of new projects or increase in capacity of existing projects that generate wastewater in concentrated production, business or service zones and industrial clusters must ensure conformity with wastewater receipt and treatment capacity of concentrated wastewater treatment systems. New projects in concentrated production, business or service zones and industrial clusters must have their wastewater drainage systems connected to wastewater collection points before wastewater is conveyed to concentrated wastewater treatment systems;

b/ Not to receive new projects or increase capacity of existing projects that generate wastewater in concentrated production, business or service zones and industrial clusters in the following cases: New projects are engaged in sectors or trades not on the list of sectors and trades permitted to attract investment of concentrated production, business or service zones and industrial clusters; concentrated production, business or service zones and industrial clusters have no environmental protection infrastructure facilities or fail to satisfy one of the requirements on environmental protection infrastructure facilities specified in Article 48 of this Decree;

c/ It is prohibited to dilute wastewater before it is conveyed to wastewater discharge points of concentrated production, business or service zones and industrial clusters;

d/ Concentrated production, business or service zones and industrial clusters that are operating before the effective date of this Decree and have no concentrated wastewater treatment systems, and production, business or service establishments inside such zones or clusters that are exempt from connection in accordance with law may only receive new investment projects after satisfying the requirements specified in Article 48 of this Decree, except new investment projects that do not generate and discharge industrial wastewater into the environment before being officially commissioned;

dd/ Investors that construct and commercially operate infrastructure facilities of concentrated production, business or service zones and have results of the appraisal of environmental impact assessment reports approved or are granted environmental licenses shall, before formulating plans on registration for certification of eco-industrial parks, shall carry out review, evaluation and modification (if necessary) under Articles 27 and 30 of this Decree;

e/ To perform other responsibilities as specified in this Decree.

2. Owners of establishments operating in concentrated production, business or service zones and industrial clusters shall comply with the provisions of Clause 1, Article 53 of the Law on Environmental Protection. Some provisions are specified as follows:

a/ New investment projects in concentrated production, business or service zones and industrial clusters must preliminarily treat and connect their wastewater drainage systems to concentrated wastewater treatment systems of such zones and clusters. Wastewater conveyed for treatment must ensure that their volumes and pollution parameters do not exceed input wastewater standards of concentrated wastewater treatment systems; and satisfy conditions stated in written agreements with investors that construct and commercially operate infrastructure facilities of such zones and clusters and in environmental licenses of such zones and clusters, unless such establishments are exempt from connection under regulations;

b/ Operating establishments that have connected their treated wastewater drainage systems to wastewater drainage systems and establishments exempt from connection to concentrated wastewater collection, drainage and treatment systems of concentrated production, business or service zones and industrial clusters under previous regulations shall perform the responsibility toward establishments exempt from connection specified at Point b, Clause 2, Article 52 of the Law on Environmental Protection.

c/ Operating establishments that discharge treated wastewater into rainwater collection and drainage systems shall coordinate with investors that construct and commercially operate infrastructure facilities of industrial clusters in performing the responsibility under Point a, Clause 2, Article 51 of the Law on Environmental Protection.

3. Management boards of industrial parks, export processing zones and hi-tech parks of provinces or centrally run cities shall comply with Clauses 2 and 3, Article 51 of the Law on Environmental Protection and have the following responsibilities:

a/ To guide and inspect investors that commercially operate infrastructure facilities of concentrated production, business or service zones and owners of establishments in such zones in performing the responsibilities specified in Clauses 1 and 2 of this Article;

b/ In the course of investment policy approval or investment decision according to their competence for new projects or operating projects with increased capacity that generate wastewater in concentrated production, business or service zones, to consider such projects’ satisfaction of requirements on environmental protection infrastructure facilities specified in Article 48 of this Decree.

4. District-level People’s Committees shall comply with Clause 5, Article 52 of the Law on Environmental Protection and have the following responsibilities:

a/ To guide and inspect investors that commercially operate infrastructure facilities of industrial clusters and owners of establishments in such clusters in performing the responsibilities specified in Clauses 1 and 2 of this Article;

b/ In the course of receipt, settlement or coordination in processing investment procedures, to request competent agencies to consider whether new projects or operating projects with increased capacity that generate wastewater in concentrated production, business or service zones and industrial clusters satisfy the requirements on environmental protection infrastructure facilities specified in Article 48 of this Decree.

5. Provincial-level People’s Committees shall comply with Clause 5, Article 51, and Clause 6, Article 52, of the Law on Environmental Protection, and have the following responsibilities:

a/ In the course of directing the approval of investment decisions according to their competence for new projects or operating projects with increased capacity that generate wastewater in concentrated production, business or service zones, to request specialized agencies to consider such projects’ satisfaction of requirements on environmental protection infrastructure facilities specified in Article 48 of this Decree;

b/ To guide and settle requests of investors that construct and commercially operate infrastructure facilities of concentrated production, business or service zones and industrial clusters for arrangement of locations of incident response ponds and approval of modified master plans on such zones and clusters;

c/ To work out plans on relocation of residents from concentrated production, business or service zones and industrial clusters (if any); and schedule on transformation of craft villages into industrial clusters or concentrated production, business or service zones under Point c, Clause 6, Article 52 of the Law on Environmental Protection.

Article 50. Consultation with specialized agencies in charge of environmental protection on on-spot wastewater treatment facilities and equipment

1. Agencies that appraise construction designs or grant construction licenses in the cases specified in Clause 2, Article 59 and Clause 1, Article 66 of the Law on Environmental Protection shall collect written opinions of same-level specialized agencies in charge of environmental protection on dossiers of on-spot wastewater treatment facilities and equipment, or equipment for collection and temporary storage of wastes of projects as specified in Clause 2 of this Article, except projects that have results of the appraisal of environmental impact assessment reports approved or have been granted environmental licenses.

2. A dossier for collection of opinions on on-spot wastewater treatment facilities and equipment, or equipment for waste collection and temporary storage must comprise:

a/ A written request sent by the agency appraising the construction design or granting the construction license to the same-level specialized agency in charge of environmental protection for the latter’s opinions on on-spot wastewater treatment facilities and equipment, or equipment for waste collection and temporary storage;

b/ A report on basic design plan and dossier, and commentaries about treatment technology of the on-spot wastewater treatment facilities and equipment up to the technical regulation on environmental protection for on-spot wastewater treatment equipment, including also a plan on discharge of treated wastewater into the receiving waters, a plan on reuse of wastewater, a plan on treatment of sludge and sediment generated from the wastewater treatment process, a plan on treatment of odors, emissions and toxic chemicals (if any), and a plan accompanied with detailed descriptions of the area and equipment for waste collection and temporary storage.

3. Project owners shall provide documents in dossiers for collection of opinions on on-spot wastewater treatment facilities and equipment, or equipment for wastewater collection and temporary storage of projects as specified at Point b, Clause 2 of this Article to agencies appraising construction designs or granting construction licenses.

4. Within 7 days after receiving a written request for opinion from the agency appraising the construction design or granting the construction license, the specialized agency in charge of environmental protection shall send its written opinions on on-spot wastewater treatment facilities and equipment, or equipment for wastewater collection and temporary storage to the former. In case of disapproving such facilities and equipment, it shall clearly state the reason.

Article 51. Use of livestock wastes as organic fertilizers or for watering crops or for other purposes

1. Solid wastes of organic origin and livestock wastewater generated from farmer household-based husbandry activities and used as fertilizers or for watering crops or for other purposes must not cause environmental pollution.

2. The use of solid wastes of organic origin and livestock wastewater generated from farm-based husbandry activities as fertilizers or for watering crops or as aquatic animal feed is specified as follows:

a/ Livestock wastes may be used as fertilizers, for watering crops or as aquatic animal feed only when satisfying national technical regulations specified in Clause 4 of this Article;

b/ Livestock wastes shall be transported from livestock farms by vehicles or equipment that must be watertight to prevent overflowing onto roads or leakage so as not to cause environmental pollution.

3. The use of solid livestock wastes of organic origin generated from farm-based husbandry activities as raw materials, fuels or materials for production activities must satisfy the requirement specified at Point b, Clause 2 of this Article and must not cause environmental pollution.

4. The Ministry of Agriculture and Rural Development shall promulgate national technical regulations on solid livestock wastes of organic origin used for crops or as aquatic animal feed; and national technical regulations on livestock wastewater used for watering crops.

Article 52. Environmental safety distances for residential areas

1. Environmental safety distances:

a/ For the production, business or service establishments and warehouses specified at Points a, b, c and d, Clause 2, Article 53 of the Law on Environmental Protection, environmental safety distance means the minimum distance from such establishments and warehouses to existing and lawful works of residential areas, including separate houses, condominiums, and educational and health facilities, in order to ensure environmental safety;

b/ For production, business or service establishments and warehouses that are likely to cause pollution of water sources as specified at Point dd, Clause 2, Article 53 of the Law on Environmental Protection, environmental safety distance means the minimum distance from wastewater discharge points of such establishments and warehouses to water sources or urban water supply facilities.

2. Determination of environmental safety distances for residential areas:

a/ Environmental safety distance from a production, business or service establishment or warehouse specified at Point a, b or c, Clause 2, Article 53 of the Law on Environmental Protection to a residential area shall be determined on the basis of size and capacity of such establishment or warehouse and characteristics of flammable, explosive or radioactive substances, radioactive wastes, radiation equipment, or substances that are hazardous to humans and living organisms;

b/ Environmental safety distance from a production, business or service establishment or warehouse specified at Point d or dd, Clause 2, Article 53 of the Law on Environmental Protection to a residential area shall be determined on the basis of size and capacity of such establishment or warehouse and characteristics of dust, odors, noise level and their likelihood to cause pollution of water sources used for daily-life water supply;

c/ For a production, business or service establishment or warehouse that has more than one waste-generating source, environmental safety distance shall be determined from the nearest waste-generating source to a residential area. In case it is impossible to identify the waste-generating source or there is no waste-generating source, environmental safety distance shall be determined from the position of the wall of such establishment or warehouse or house or facility covering the polluting source or containing flammable, explosive or radioactive substances, radioactive wastes, radiation equipment or substances that are hazardous to humans and living organisms;

d/ For a production, business or service establishment or warehouse that falls into two or more of the cases specified at Points a, b, c and d, Clause 2, Article 53 of the Law on Environmental Protection, the longest environmental safety distance shall be applied.

3. Environmental safety distances from production, business or service establishments and warehouses to residential areas specified at Points a, b, c and dd, Clause 2, Article 53 of the Law on Environmental Protection must comply with the provisions on safety distances of the laws on fire prevention and fighting, management of explosive materials, radiation safety, chemical safety, and water resources, and other relevant laws.

4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for formulating and promulgating environmental technical regulations on environmental safety distances from production, business or service establishments and warehouses to residential areas mentioned at Point d, Clause 2, Article 52 of the Law on Environmental Protection, except Clause 3 of this Article.

5. Environmental safety distances of investment projects on production, business or service establishments and warehouses shall be considered and applied by competent agencies upon approval of locations for research and planning or recommendation of locations for project implementation, or upon investment policy approval or decision, investment decision or grant of investment registration certificates.

Article 53. Schedule of application of state-of-the-art technique certificates

1. Owners of investment projects engaged in production, business or service activities that are likely to cause environmental pollution shall research and apply state-of-the-art techniques to at least one production activity or stage according to the following schedule:

a/ Before January 1, 2027, for investment projects of level I specified in Appendix II to this Decree;

b/ Before January 1, 2028, for investment projects of level II specified in Appendix II to this Decree;

c/ Before January 1, 2029, for investment projects of level III specified in Appendix II to this Decree.

2. Owners of establishments engaged in production, business or service activities that are likely to cause environmental pollution shall research and apply state-of-the-art techniques to at least one production activity or stage according to the following schedule:

a/ Before January 1, 2028, for establishments of level I specified in Appendix II to this Decree;

b/ Before January 1, 2029, for establishments of level II specified in Appendix II to this Decree;

c/ Before January 1, 2030, for establishments of level III specified in Appendix II to this Decree.

3. Owners of investment projects or establishments engaged in production, business or service activities that are likely to cause environmental pollution are encouraged to apply state-of-the-art techniques to at least one production activity or stage before the deadlines specified in Clauses 1 and 2 of this Article in order to enjoy incentives and support provided in this Decree.

Article 54. Special requirements on environmental protection in trial operation, waste management, use of non-aqueous drilling fluids, and environmental monitoring of petroleum exploration, exploitation and transportation, and provision of related offshore services  

1. Provisions on trial operation:

a/ Environmental protection facilities of offshore petroleum exploitation projects are not subject to trial operation;

b/ For projects specified at Point a of this Clause that are subject to grant of environmental licenses, their owners are required to make dossiers of application for environmental licenses (for their waste treatment facilities and other environmental protection facilities) before the projects are commissioned;

c/ For petroleum exploitation projects and establishments that have their wastewater systems connected to concentrated wastewater treatment systems for which environmental licenses or component environmental licenses have been granted, their owners are not required to make dossiers of application for environmental licenses.

2. Provisions on waste management:

a/ Hazardous wastes and non-hazardous wastes generated from petroleum exploration and exploitation activities shall be transported to the shore by ships having certificates of eligibility for transport of dangerous cargoes granted by a competent state management agency. After being transported to the shore, these wastes shall be transferred to functional units for treatment;

b/ The management of wastes generated from petroleum exploration and exploitation activities other than those specified at Point a of this Clause must comply with guidance of the Ministry of Natural Resources and Environment and relevant regulations.

3. Provisions on environmental monitoring:

a/ Organizations and individuals that are engaged in offshore petroleum activities are not required to carry out automatic monitoring of wastewater, for wastewater discharged from exploitation activities; the frequency of periodical monitoring of wastewater discharged from exploitation activities is at least once every 3 months, ensuring that monitoring parameters conform to special environmental technical regulations applicable to wastewater discharged from offshore petroleum facilities;

b/ The environmental monitoring of petroleum exploration and exploitation activities other than those specified at Point a of this Clause must comply with guidance of the Ministry of Natural Resources and Environment and relevant regulations.

Article 55. Environmental protection in burial and cremation activities

1. Burial and cremation grounds must comply with the Government’s regulations on construction, management and use of cemeteries and crematoriums, except the special cases specified in Clause 3 of this Article.

2. Investment projects on burial or cremation service establishments must satisfy the following environmental protection requirements:

a/ Burial grounds exert no impacts on water sources for daily-life water supply; crematoriums are located as far as possible in the prevailing wind direction from residential areas;

b/ Investment projects on cremation service establishments are subject to opinions on their technologies in accordance with the law on technology transfer;

c/ Emissions generated from crematoriums are treated up to environmental technical regulations;

d/ Solid wastes generated from cemeteries or crematoriums are collected and treated to satisfy environmental protection requirements;

dd/ Cemeteries and crematoriums have greeneries and grass in accordance with the construction law; and have separate rainwater collection and drainage systems;

e/ Environmental safety distances from fences of cemeteries and crematoriums to residential areas and public works are up to technical regulations on construction planning.

3. The burial and cremation for ethnic minority people and religious followers in precincts of churches, pagodas, religious buildings and other religious establishments must comply with the law on beliefs and religions and satisfy the environmental protection requirements specified at Points c and d, Clause 2 of this Article. Provincial-level People’s Committees shall guide burial and cremation activities in conformity with traditional customs, practices and beliefs and for assurance of environmental sanitation. 

Chapter V. MANAGEMENT OF WASTES

Section 1. GENERAL PROVISIONS ON MANAGEMENT OF WASTES

Article 56. General requirements on management of solid wastes

The prevention, reduction, sorting, collection, transportation, reuse, recycling and treatment of solid wastes must satisfy the requirements specified in Clause 1, Article 72 of the Law on Environmental Protection and the following specific regulations:

1. Discarded products and solid wastes must be managed to reduce exploitation and use of natural resources and minimize adverse impacts on the environment according to the criteria of the circular economy specified in Article 138 of this Decree.

2. To reduce generated solid wastes through the application of solutions to increase production efficiency or product use efficiency.

3. The use of discarded products and solid wastes generated in production, business, service and consumption activities must adhere to the principle of making the fullest use of the value of discarded products and solid wastes through application of solutions in the following order of priority:

a/ Reusing discarded products;

b/ Repairing, servicing, maintaining or upgrading defective products and old products to prolong their lifetimes;

c/ Making use of components and parts of discarded products;

d/ Recycling solid wastes to recover raw materials, fuels and materials in service of production activities in accordance with law;

dd/ Treating solid wastes in combination with energy recovery in accordance with law;

e/ Burying solid wastes in accordance with law.

4. To encourage the application of digital transformation solutions, and development and application of digital platform-based business models to promote reduction of the generation, reuse, sorting, collection, transportation, recycling and treatment of solid wastes.

5. The collection and transportation of solid wastes generated from operation of non-tariff zones, export processing zones and export processing enterprises to the inland must comply with this Decree’s provisions on collection and transportation of wastes outside non-tariff zones, export processing zones, and export processing enterprises.

Article 57. General requirements on management of wastewater

The prevention, reduction, collection, reuse and treatment of wastewater must satisfy the requirements specified in Clause 2, Article 72 of the Law on Environmental Protection and specific regulations below:

1. Wastewater must be managed in order to reduce exploitation and improve use efficiency of water resources, and minimize adverse impacts on the environment.

2. To make the fullest use of the value of wastewater generated from production, business, service and daily-life activities through application of solutions in the following order of priority:

a/ Treating and reusing wastewater directly for production, business and service activities in accordance with law;

b/ Treating and transferring wastewater for reuse for other production, business and service activities in accordance with law;

c/ Transferring wastewater to other units for treatment and reuse in accordance with law;

d/ Treating and discharging wastewater up to environmental technical regulations.

3. Facilities and equipment for prevention of and response to wastewater-related environmental incidents constitute part of wastewater treatment systems which aim to ensure that untreated wastewater is not discharged into the environment in case the wastewater treatment systems encounter incidents. Incident prevention and response facilities must be firm, waterproof, and capable of preventing leakage of wastewater into the environment according to standards and technical regulations on construction designs or standards on product and goods quality; can store or recycle wastewater on a scale suitable to environmental incident prevention and response plans of investment projects, establishments, concentrated production, business and service zones, and industrial clusters. Facilities and equipment for prevention of and response to wastewater-related environmental incidents may not concurrently be used as rainwater collection, storage and drainage facilities or water storage facilities for fire prevention and fighting purposes.

Equipment for prevention of and response to wastewater-related environmental incidents is equipment that is prepared to be ready for use according to environmental incident prevention and response plans in order to prevent, warn and respond promptly to incidents occurring to the wastewater treatment systems. Equipment for prevention of and response to wastewater-related environmental incidents must conform to standards and technical regulations on construction designs or standards on product and goods quality.

4. The collection and transportation of wastewater and liquid wastes generated from operation of non-tariff zones, export processing zones and export processing enterprises to the inland must comply with this Decree’s provisions on collection and transportation of wastewater and liquid wastes outside non-tariff zones, export processing zones and export processing enterprises.

Section 2. MANAGEMENT OF DOMESTIC SOLID WASTES

Article 58. Management of domestic solid wastes of agencies, organizations, establishments, concentrated production, business and service zones, and industrial clusters

1. Agencies, organizations, establishments, investors building and operating infrastructure facilities of concentrated production, business and service zones and industrial clusters that generate wastes from daily-life and office activities with a total volume of under 300 kg per day may opt for the form of management of domestic solid wastes like households and individuals specified in Article 75 of the Law on Environmental Protection or the form of management of solid wastes under Clause 2 of this Article.

2. Agencies, organizations, establishments, and investors building and operating infrastructure facilities of concentrated production, business and service zones and industrial clusters that generate domestic solid wastes, except the case specified in Clause 1 of this Article, shall transfer domestic solid wastes to:

a/ Domestic solid waste collection and transportation service establishments selected by local administrations under Clause 1, Article 77 of the Law on Environmental Protection;

b/ Domestic solid waste collection and transportation service establishments other than those specified at Point a of this Clause but signing contracts on transfer of domestic solid wastes to waste transportation establishments selected by the local administrations under Clause 1, Article 77 of the Law on Environmental Protection;

c/ Domestic solid waste collection and transportation service establishments other than those specified at Point a of this Clause but signing contracts on transfer of domestic solid wastes to establishments that reuse, recycle or treat solid wastes specified at Point d of this Clause;

d/ Domestic solid waste collection, transportation and treatment service establishments other than those specified in Clause 2, Article 78 of the Law on Environmental Protection;

dd/ Domestic solid waste treatment establishments selected by local administrations specified in Clause 2, Article 78 of the Law on Environmental Protection. In this case, domestic solid wastes must be transported by vehicles meeting environmental protection requirements specified by the Ministry of Natural Resources and Environment;

e/ Establishments producing animal feed, aquatic animal feed, or fertilizers suitable for food wastes.

3. Agencies, organizations, production, business and service establishments, investors building and operating infrastructure facilities of concentrated production, business and service zones or industrial clusters specified in Clause 2 of this Article shall sign contracts on provision of domestic solid waste collection, transportation and treatment services; and pay service charges according to service contracts and specific regulations of local administrations.

4. Domestic solid waste collection and transportation service establishments specified at Point a, Clause 2 of this Article have the following responsibilities:

a/ To sign domestic solid waste collection, transportation and treatment service contracts with agencies, organizations, production, business and service establishments, investors building and operating infrastructure facilities of concentrated production, business and service zones and industrial clusters that generate domestic solid wastes;

b/ To collect and transport domestic solid wastes to waste treatment establishments selected by local administrations under Clause 2, Article 78 of the Law on Environmental Protection;

c/ To pay expenses for domestic solid waste treatment according to regulations of local administrations, except reusable and recyclable wastes which have been sorted under Clause 1, Article 75 of the Law on Environmental Protection.

5. Domestic solid waste collection and transportation service establishments specified at Point b, Clause 2 of this Article have the following responsibilities:

a/ To sign contracts on provision of collection, transportation and treatment of domestic solid wastes with agencies, organizations, establishments, concentrated production, business and service zones, and industrial clusters that generate domestic solid wastes;

b/ To collect and transport domestic solid wastes to gathering points and transshipment stations by vehicles and equipment meeting technical requirements on environmental protection as prescribed by law;

c/ To pay expenses for transportation and treatment of domestic solid wastes according to regulations of local administrations, except reusable and recyclable wastes which have been sorted under Clause 1, Article 75 of the Law Environmental Protection.

6. Provincial-level People’s Committees shall prescribe specific charge rates for domestic solid waste collection, transportation and treatment services specified in Clause 3 of this Article; and expenses for treatment and forms of collection in the cases specified in Clauses 4 and 5 of this Article on the principle that the expense for treatment of a unit volume of domestic solid wastes must be correctly and fully calculated to conduct waste treatment activities.

Article 59. Selection of domestic solid waste treatment facility investors and domestic solid waste treaters

1. The selection of domestic solid waste treatment facility investors must comply with the laws on investment, public investment, investment in the form of public-private partnership, construction, and bidding. For domestic solid waste treatment facilities built with non-state budget funds, their owners shall directly manage and operate such facilities or hire other organizations and individuals to act as domestic solid waste treaters in accordance with law.

2. Owners of projects on building domestic solid waste treatment facilities and providing domestic solid waste treatment services shall comply with the following environmental protection requirements:

a/ To operate domestic solid waste treatment facilities in conformity with Vietnam’s environmental technical regulations; to comply with signed waste treatment contracts and commitments with local administrations;

b/ To act as owners of waste treatment technologies or sign waste treatment technology transfer contracts. In case of applying waste treatment technologies originating from European countries or a group of industrialized countries, which are different from technical provisions of Vietnam’s environmental technical regulations on waste management, emissions and wastewater must meet the respective standards of those countries and Vietnam’s environmental technical regulations on emissions and wastewater;

c/ To restore the ground areas and bear all costs for construction investment and dismantlement of facilities and other related costs in case of failure to meet environmental protection requirements during the operation of domestic solid waste treatment facilities under contracts signed with local administrations.

3. The selection of domestic solid waste treaters to manage and operate domestic solid waste treatment facilities invested with state budget funds must comply with the regulations on provision of public products and services with state budget funds from the sources of current expenditures.

Article 60. Roadmap to restrict treatment of domestic solid wastes by direct burial technology

1. Direct burial technology is the burial of untreated wastes directly in landfills under regulations.

2. Provinces and centrally run cities shall, when investing in or putting into operation domestic solid waste treatment facilities, prioritize investment in modern eco-friendly technologies; ensure gradual reduction of the proportion of domestic solid wastes treated by direct burial so as to meet the objectives of integrated solid waste management prescribed by the Prime Minister in each development period.

Article 61. Responsibilities of domestic solid waste collection and transportation establishments

1. To perform the responsibilities specified in Clauses 3 and 4, Article 77 of the Law on Environmental Protection, and Clauses 4 and 5, Article 58 of this Decree.

2. To fully satisfy requirements on personnel and special-use vehicles and equipment to collect and transport all domestic solid wastes in designated locations.

3. To collect and transport domestic solid wastes to gathering points, transshipment stations or treatment facilities by vehicles and equipment meeting technical requirements on environmental protection; to arrange vehicles and equipment to collect and store leachate at transshipment stations for treatment up to technical regulations or transfer together with domestic solid wastes to waste treatment units.

4. To prevent domestic solid wastes from being dropped, not to scatter dust, odor or leachate, thus adversely affecting the environment in the process of waste collection and transportation.

5. To provide professional training and personal protective equipment to workers performing domestic solid waste collection and transportation jobs.

Article 62. Rights and responsibilities of domestic solid waste treatment establishments

1. Domestic solid waste treatment establishments have the following responsibilities:

a/ To fully comply with environmental protection requirements as prescribed;

b/ To fulfill responsibilities of hazardous waste generators, for hazardous wastes which are from domestic solid wastes or generated from domestic solid waste treatment establishments;

c/ To operate domestic solid waste treatment establishments under environmental technical regulations, ensuring that the whole volume of received solid wastes is treated under signed contracts.

2. Domestic solid waste treatment establishments are entitled to receive accurate and full payment of domestic solid waste treatment service charges according to signed contracts.

Article 63. Responsibilities of People’s Committees at all levels in management of domestic solid wastes

1. Provincial-level People’s Committees have the following responsibilities:

a/ To perform the responsibilities specified in Clauses 2 and 6 of Article 75; Clause 2 of Article 76; Clause 1 of Article 77; Clauses 2 and 6 of Article 78; Clause 6 of Article 79; and Clause 5 of Article 80, of the Law on Environmental Protection;

b/ To organize domestic solid waste management in their respective localities; to assign and decentralize domestic solid waste management to specialized agencies in charge of environmental protection and lower-level People’s Committees, respectively, under regulations;

c/ To adopt measures to implement incentive and supportive mechanisms and policies to encourage organizations and individuals to invest in and provide domestic waste collection and transportation services and invest in domestic solid waste treatment facilities in conformity with local socio-economic development conditions;

d/ To direct and organize the implementation of relevant master plans’ contents on solid waste management according to their competence; to formulate annual plans on collection, transportation and treatment of domestic solid wastes and allocate funds for implementation in conformity with local socio-economic development plans;

dd/ To organize public communication and education about and provision of legal knowledge on domestic solid waste management; to direct the inspection, examination, and handling of violations of the law on domestic solid waste management in their localities.

2. District-level People’s Committees have the following responsibilities:

a/ To promulgate according to their competence regulations, programs and plans on domestic solid waste management;

b/ To organize the implementation of strategies, programs, plans and tasks on domestic solid waste management;

c/ To organize at-source sorting of domestic solid wastes under regulations.

3. Commune-level People’s Committees have the following responsibilities:

a/ To perform the responsibilities specified in Clause 7, Article 77 of the Law on Environmental Protection;

b/ To formulate plans or contents on management of domestic solid wastes in their localities;

c/ To organize at-source sorting of domestic solid wastes according to regulations.

Article 64. Roadmap to restrict production and import of disposable plastic products, persistent plastic packaging and products and goods containing micro-plastics

1. From January 1, 2026, no loner to produce and import persistent plastic packaging with a dimension smaller than 50cm x 50cm and a single-layer thickness smaller than 50μm, except cases of production for export or production or import for packaging products and goods for sale to the market.

2. Organizations and individuals that produce and import disposable plastic products and persistent plastic packaging shall be held responsible for recycling and treatment of these products and packaging under this Decree.

3. To gradually reduce the production and import of disposable plastic products, persistent plastic packaging and products and goods containing micro-plastics. After December 31, 2030, to stop the production and import of disposable plastic products (except those certified with Vietnam’s ecolabel), persistent plastic packaging (including persistent plastic bags and styrofoam food containers) and products and goods containing micro-plastics, except cases of production for export and production and import of persistent plastic bags for packaging products and goods for sale to the market.

4. Provincial-level People’s Committees shall promulgate regulations on, and organize the implementation of, plastic waste management activities; ensure that after 2025, disposable plastic products and non-biodegradable plastic packaging (including non-biodegradable plastic bags and styrofoam food containers) are not sold and used at department stores, supermarkets, hotels, and tourist sites, except products and goods with non-biodegradable plastic packaging; and organize the inspection and examination of establishments producing disposable plastic products and non-biodegradable plastic packaging producers in their localities.

Section 3. MANAGEMENT OF NORMAL INDUSTRIAL SOLID WASTES

Article 65. Reuse, direct use and treatment of normal industrial solid wastes

1. Normal industrial solid wastes that are recovered, sorted and selected for reuse or direct use as raw materials, fuels or materials for production activities shall be managed like products and goods.

2. Ash, slag, and gypsum classified as normal industrial solid wastes and other normal industrial solid wastes that confrom to standards, technical regulations and technical guidelines promulgated by competent agencies for use as raw materials for production of building materials or for ground leveling shall be managed like building material products and goods. In case there are no standards, technical regulations or technical guidelines, standards of one of the industrialized countries shall apply.

3. Establishments, concentrated production, business and service zones, industrial clusters, and agencies and organizations that generate normal industrial solid wastes specified in Clause 2 of this Article shall manage these wastes under Article 82 of the Law on Environmental Protection.

4. The Ministry of Natural Resources and Environment shall:

a/ Include the group of wastes mentioned in Clause 1 of this Article in the list of normal industrial solid wastes; review, update and supplement the list based on the practical socio-economic development and environmental protection in each period;

b/ Promulgate technical regulations and technical guidelines on treatment and use of ash, slag, gypsum and other normal industrial wastes to restore areas where mineral mining has ended in accordance with the law on minerals and which meet environmental protection requirements. Pending the promulgation of technical regulations and technical guidelines, the standards of one of the countries in the group of industrialized countries shall apply;

c/ Provide in detail the disposal of pesticide packages discarded in agricultural production activities.

5. The Ministry of Construction shall promulgate technical regulations and technical guidelines on use of normal industrial solid wastes as raw materials for production of building materials, for ground leveling and in construction works; formulate national standards on use of normal industrial solid wastes as raw materials for production of building materials, for ground leveling and in construction works, and submitting them to the Ministry of Science and Technology for declaration. Pending the promulgation of standards, technical regulations and technical guidelines, the standards of one of the countries in the group of industrialized countries shall apply.

6. The Ministry of Agriculture and Rural Development shall:

a/ Promulgate technical regulations, technical guidelines or regulations on use of sewage sludge as fertilizers for plants and use of other normal industrial solid wastes as raw materials and materials in hydraulic structures;

b/ Provide detailed guidance on collection of pesticide packages discarded in agricultural production activities.

7. The Ministry of Transport and other ministries and ministerial-level agencies shall promulgate technical regulations, technical instructions or regulations on use of normal industrial solid wastes as raw materials and materials in traffic works and other works, ensuring conformity with environmental technical regulations.

Article 66. Responsibilities of normal industrial solid waste generators

1. To sort normal industrial solid wastes under Clause 1, Article 81 of the Law on Environmental Protection; to have equipment, tools, and space for storing normal industrial solid wastes according to regulations of the Ministry of Natural Resources and Environment.

2. To transfer normal industrial solid wastes under Clause 1, Article 82 of the Law on Environmental Protection; to be allowed to transfer normal industrial solid wastes specified in Clause 1, Article 65 of this Decree already sorted under regulations to organizations and individuals that have demand therefor.

3. To use the form of record on handover of normal industrial solid wastes promulgated by the Ministry of Natural Resources and Environment when transferring normal industrial solid wastes subject to treatment specified at Point c, Clause 1, Article 81 of the Law on Environmental Protection.

Article 67. Responsibilities of normal industrial solid waste collectors and transporters

1. To sign contracts on collection and transportation of normal industrial solid wastes subject to treatment specified at Point c, Clause 1, Article 81 of the Law on Environmental Protection with waste generators only after having signed contracts on transfer of these wastes to the entities specified at Points b and c, Clause 1, Article 82 of the Law on Environmental Protection.

2. To use the form of minutes of handover of normal industrial solid wastes promulgated by the Ministry of Natural Resources and Environment when transferring normal industrial solid wastes subject to treatment specified at Point c, Clause 1, Article 81 of the Law on Environmental Protection.

3. To ensure that vehicles, storage equipment, transshipment stations and temporary storage areas for normal industrial solid wastes meet technical requirements specified by the Ministry of Natural Resources and Environment.

Section 4. MANAGEMENT OF HAZARDOUS WASTES

Article 68. Classification and sorting of hazardous wastes

1. Hazardous wastes shall be classified by hazardous waste codes, categories and thresholds.

2. Hazardous wastes shall be sorted according to hazardous waste codes so as to be stored in suitable packaging or storage equipment. It is permitted to use the same packaging or storage equipment for hazardous waste codes that are of the same nature, cannot react and interact with one another and may be treated by the same method.

3. Hazardous wastewater treated up to environmental technical regulations in wastewater treatment systems at wastewater-generating facilities shall be managed under regulations on wastewater management.

4. Hazardous wastes shall be sorted as soon as they are put into storage or transferred for treatment in the case of non-storage.

Article 69. Collection, storage and transportation of hazardous wastes

1. The transportation of hazardous waste is specified as follows:

a/ The transportation shall be conducted by organizations and individuals under Clause 4, Article 83 of the Law on Environmental Protection;

b/ Organizations and individuals that collect products and packaging on the list of products and packaging specified in Appendix XXII to this Decree and the Minister of Natural Resources and Environment-promulgated list of hazardous wastes that are generated from households, individuals, state agencies’ offices, schools, and public places for performance of the recycling responsibility under Section 1, Chapter VI of this Decree are not required to obtain an environmental license covering treatment of hazardous wastes but shall discharge the responsibilities of hazardous waste generators specified in Article 71 of this Decree.

2. Vehicles and equipment for collection, storage and transportation of hazardous wastes must meet environmental protection requirements specified by the Ministry of Natural Resources and Environment.

3. In the case specified at Point a, Clause 4, Article 83 of the Law on Environmental Protection, hazardous waste generators may only transport hazardous wastes generated at their facilities by their own vehicles, except the case specified in Clause 5 of this Article. Waste generators shall install tracking devices on hazardous waste-carrying vehicles and provide these devices’ accounts to provincial-level specialized agencies in charge of environmental protection for monitoring and management.

4. In the case specified at Point b, Clause 4, Article 83 of the Law on Environmental Protection, the organization or individual that has been granted an environmental license covering provision of the service of hazardous waste treatment shall:

a/ Install tracking devices on hazardous waste-carrying vehicles and provide these devices’ accounts to the Ministry of Natural Resources and Environment for monitoring and management;

b/ If wishing to hire hazardous waste-carrying vehicles, sign contracts on hiring of vehicles and be held responsible for operation of these vehicles during the lease term and may not sub-lease these vehicles.

5. Organizations and individuals specified in Clause 4, Article 83 of the Law on Environmental Protection that wish to hire public transport vehicles such as railway, inland waterway or seaway vehicles to transport hazardous wastes shall report thereon in writing to agencies granting environmental licenses before hiring such vehicles.

Article 70. Treatment of hazardous wastes

1. Hazardous waste treatment service establishments must possess an environmental license covering provision of hazardous waste treatment services or a component environmental license being a hazardous waste treatment license specified at Point d, Clause 2, Article 42 of the Law on Environmental Protection, except the case specified in Clause 19, Article 168 of this Decree.

2. Organizations and individuals that generate hazardous wastes may themselves treat hazardous wastes within premises of waste-generating facilities when meeting the following requirements:

a/ Using technology, environmental protection facilities, and production equipment available in premises of the waste-generating facilities and ensuring the satisfaction of environmental protection requirements;

b/ Ensuring conformity with the decision approving results of appraisal of the environmental impact assessment report, environmental license or component environmental license specified in Clause 1 of this Article;

c/ Refraining from building new incinerators and landfills for hazardous waste treatment, unless it is consistent with the relevant master plans’ contents on solid waste management.

3. Medical establishments that generate hazardous medical wastes may themselves treat hazardous medical wastes generated within their premises when meeting the requirements stated in Clause 2 of this Article.

4. Medical establishments that have hazardous medical waste treatment facilities located within their premises to treat hazardous medical wastes of their own and hazardous medical wastes for neighboring medical establishments (cluster model) according to regulations of provincial-level People’s Committees shall not be regarded as hazardous waste treatment service establishments. The transportation of hazardous medical wastes from neighboring medical establishments for treatment according to the cluster model shall be carried out by the organizations and individuals specified in Clause 4, Article 83 of the Law on Environmental Protection or according to regulations of provincial-level People’s Committees.

5. The Ministry of Natural Resources and Environment shall promulgate technical regulations and technical guidelines on treatment, use and reuse of hazardous wastes. Pending the promulgation of technical regulations and technical guidelines, standards of one of the industrialized countries shall apply.

Article 71. Responsibilities of hazardous waste generators

The major responsibilities of hazardous waste generators are specified in Clause 1, Article 83 of the Law on Environmental Protection. Some contents are specified as follows:

1. Classification, sorting and storage of hazardous wastes:

a/ To be held responsible for the classification, sorting and determination of the amount of hazardous wastes subject to declaration and management;

b/ To have space for temporary storage of hazardous wastes; to store hazardous wastes in packages or storage devices meeting technical requirements on environmental protection under regulations of the Ministry of Natural Resources and Environment;

c/ To store hazardous wastes for no more than 1 year from the time of generation. In case of storing wastes beyond the above-said time limit because of unavailability of a feasible waste transportation and treatment plan or failure to find out an appropriate hazardous waste treatment service establishment, to make separate annual reports on storage of hazardous wastes at waste-generating facilities or incorporate these contents in periodical environmental reports and send them to provincial-level specialized agencies in charge of environmental protection.

2. Investment projects and establishments of groups I, II and III specified in Appendices III, IV and V to this Decree that generate hazardous wastes with a total volume of 1,200 kg or more per year or 100 kg or more per month in the course of operation shall make a dossier of application for an environmental license under Article 39 of the Law on Environmental Protection.

3. To treat by themselves hazardous wastes at waste-generating facilities or sign contracts to transfer hazardous wastes to appropriate hazardous waste treatment service establishments.

4. To coordinate with owners of hazardous waste treatment service establishments to make hazardous waste documents when transferring hazardous wastes under regulations of the Ministry of Natural Resources and Environment. After 6 months from the date of transfer of hazardous wastes, if hazardous waste generators do not receive the last 2 originals of the hazardous waste document while the organizations or individuals receiving hazardous wastes fail to give a reasonable explanation in writing, hazardous waste generators shall report thereon provincial-level specialized agencies in charge of environmental protection or the Ministry of Natural Resources and Environment for examination and handling in accordance with law. In case of transferring hazardous medical wastes for treatment according to the cluster model, the transfer record may be used instead of the hazardous waste document.

Article 72. Responsibilities of owners of hazardous waste treatment service establishments

Major responsibilities of owners of hazardous waste treatment service establishments are specified in Article 85 of the Law on Environmental Protection. Some contents are specified as follows:

1. To sign contracts on hazardous waste collection, transportation and treatment with hazardous waste generators in their operating areas in accordance with their environmental licenses or component environmental licenses specified in Clause 1, Article 70 of this Decree.

2. To collect, transport, receive and treat hazardous wastes of the volumes and types specified in their environmental licenses or component environmental licenses specified in Clause 1, Article 70 of this Decree and in conformity with contracts on collection, transportation and treatment of hazardous wastes signed with hazardous waste generators.

3. To receive only hazardous wastes transported by hazardous waste generators or hazardous waste treaters that are association partners as specified in Article 73 of this Decree.

4. To notify in writing to hazardous waste generators and report to the Ministry of Natural Resources and Environment in case hazardous wastes have not been treated after having been stored for more than 6 months, counting from the date of transfer stated in the hazardous waste document.

5. To treat environmental pollution and carry out environmental remediation and rehabilitation upon termination of operation according to technical guidance of the Ministry of Natural Resources and Environment.

Article 73. Requirements on association and transfer of hazardous wastes not mentioned in environmental licenses

1. When 2 organizations or individuals that have an environmental license or a component environmental license granted under Clause 1, Article 70 of this Decree wish to associate with each other in which one party only carries out the transportation of hazardous wastes and transfers the responsibility for treating wastes to the other party, the transferor or transferee shall send a written request, enclosed with the association contract to the agency granting environmental licenses for consideration and approval before entering into the association. The time limit for the agency granting environmental licenses to give a written reply is 15 days.

2. The party receiving hazardous wastes for treatment under the association contract specified in Clause 1 of this Article shall treat hazardous wastes by itself and may not transfer hazardous wastes to a third party for treatment. If signing an association contract on treatment of hazardous wastes under Clause 1 of this Article, the party receiving hazardous wastes from the waste generator must be able to treat at least one type of hazardous wastes it has received and shall obtain the written consent of the waste generator or sign a tripartite contract on collection, transportation and treatment of hazardous wastes.

Section 5. MANAGEMENT OF WASTEWATER, DUST AND EMISSIONS IN SPECIAL CASES; PAYMENT OF ENVIRONMENTAL PROTECTION DEPOSITS FOR WASTE BURIAL ACTIVITIES

Article 74. Special cases of wastewater management

1. Establishments and projects on mining of minerals for production of building materials are not required to have wastewater collection and treatment systems separate from rainwater drainage systems.

2. Non-hazardous liquid waste means a product, solution or material in the liquid form that has expired or is discharged from use, production, business, service, daily-life or other activities. In case liquid waste is discharged together with wastewater, it shall be managed according to regulations on wastewater management; in case it is transferred for treatment, it shall be managed according to the regulations applicable to normal industrial solid wastes subject to treatment.

3. Wastewater may be reused if meeting requirements on environmental protection and specialized standards and technical regulations suitable to water use purposes. Wastewater, when transferred for reuse, must meet the requirements specified in Clause 4 of this Article. Responsibilities of ministries and ministerial-level agencies for stipulating and guiding the reuse of wastewater are as follows:

a/ The Ministry of Agriculture and Rural Development shall promulgate technical regulations, technical guidelines or regulations on use of treated wastewater meeting environmental protection requirements for watering crops; and reuse of wastewater from animal husbandry activities and processing of agricultural by-products for other purposes. Pending the promulgation of such standards, technical regulations and technical guidelines, the standards of one of the industrialized countries shall apply;

b/ Ministries and ministerial-level agencies shall promulgate standards, technical regulations, technical guidelines or regulations on reuse of wastewater as input water for production, business and service activities in the fields under their management after consulting the Ministry of Natural Resources and Environment.

4. Environmental protection requirements for transfer of wastewater:

a/ Wastewater to be transferred for reuse may only be transferred to production establishments for direct use as input water for production activities;

b/ Wastewater-transferring establishments must satisfy the following requirements: having a plan on transfer of wastewater for treatment or reuse which is clearly stated in the environmental impact assessment report and environmental license; signing a contract on transfer of wastewater for treatment or reuse with a wastewater-receiving establishment, ensuring the satisfaction of the requirements specified at Point d of this Clause; and having infrastructure facilities and devices for temporary storage of wastewater, preventing overflow, spill and leakage of wastewater into the surrounding environment;

c/ Establishments receiving wastewater for treatment or reuse must meet the following requirements: having a plan on receipt of wastewater for treatment or reuse which is clearly stated in the environmental impact assessment report and environmental license; having a wastewater treatment system with suitable technology and capacity to treat received wastewater or having an appropriate production technology line to reuse received wastewater; having a meter to measure the flow of treated wastewater; and refraining from transferring received wastewater to a third party;

d/ Requirements on transportation of wastewater: Wastewater is transferred by pipeline or means of transport. The pipeline must be designed and installed in conformity with technical regulations to prevent leakage into the surrounding environment, and have valves and flow meters which are fully shown in the plan on transfer of wastewater for treatment or reuse. Means of transport must be roadworthy as required by the traffic regulations; must have equipment or sealed tanks for storing wastewater capable of preventing absorption and leakage of wastewater as well as odor emission and corrosion caused by wastewater during transportation.

Article 75. Policies on incentives, support and promotion for development of public transportation vehicles and vehicles using renewable energy or consuming low fuel volumes or causing low emissions or no emissions; roadmap for conversion and elimination of fossil-fuel vehicles and polluting vehicles

1. Policies on incentives, support and promotion for development of public transportation vehicles (except fossil-fuel vehicles) and vehicles using renewable energy or consuming low fuel volumes or causing low emissions or no emissions must comply with Article 131 of this Decree and relevant laws.

2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, formulating and submitting to the Prime Minister for approval a plan on implementation of the roadmap for conversion and elimination of fossil-fuel vehicles and polluting vehicles in line with international commitments and the national plan on air quality management.

3. Provincial-level People’s Committees shall, based on the plan approved by the Prime Minister specified in Clause 2 of this Article, formulate and submit to provincial-level People’s Councils for promulgation and organize the implementation of plans on conversion and elimination of fossil-fuel vehicles and polluting vehicles with the following main contents:

a/ Converting fossil-fuel motor vehicles that pose a risk of causing air pollution and greenhouse gas emission;

b/ Eliminating fossil-fuel motor vehicles that do not meet environmental technical regulations on emissions; and old motor vehicles that have been used for many years and cause environmental pollution;

c/ Restricting and then eliminating fossil-fuel motor two-wheelers and three-wheelers from traffic in inner areas of big cities to reduce air pollution and protect the people’s health;

d/ Organizing traffic divergence in urban centers to control and restrict air pollution caused by means of transport;

dd/ Building technical infrastructure facilities to ensure the conversion from fossil-fuel vehicles to vehicles using renewable energy and consuming a low fuel volume or causing low emissions or no emissions;

e/ Developing transport infrastructure for public transport; and adopting policies to support the people when using mass transit vehicles.

Article 76. Payment of environmental protection deposits for waste burial activities

1. Payment of environmental protection deposits for waste burial activities is the payment of a deposit amount by an organization or individual investing in construction of a new waste landfill to secure the performance of its/his/her obligation to treat pollution and remediate the environment after closing the landfill according to the environmental remediation plan in the environmental impact assessment report with its appraisal result approved by a competent state agency.

2. Environmental protection deposit amounts for waste burial activities:

a/ Deposit amounts shall be calculated to ensure sufficient funds for environmental remediation at waste landfills, based on the environmental remediation contents approved by competent authorities;

b/ Deposit amounts shall be calculated based on norms and unit prices set by local administrations at the time of formulation of environmental remediation plans. In case a local administration has not yet set norms and unit prices, norms and unit prices of a related ministry or sector shall apply. In case the related ministry or sector has not yet set norms and unit prices, market prices shall apply; 

c/ The total deposit amount (exclusive of the slippage factor) for a waste landfill shall be equal to total costs of landfill renovation and closure work items and expenses for pollution treatment and environmental monitoring and operation of waste treatment facilities. Methods of calculating and estimating expenses for pollution treatment and environmental remediation must comply with the guidance of the Ministry of Natural Resources and Environment;

d/ The annual deposit amount (exclusive of the slippage factor) shall be calculated as the total deposit amount divided equally for each year throughout the investment project implementation period;

dd/ The annual deposit amount to be paid by organizations and individuals shall be calculated, with the slippage factor taken into consideration, by multiplying the payable annual deposit by the consumer price index of the previous years, counted from the time of the plan approval. The applicable annual consumer price index is that announced by the General Statistics Office of Vietnam for the locality where the project is implemented or of a competent authority;

e/ The environmental protection deposit shall be paid and refunded in Vietnam dong at the Vietnam Environmental Protection Fund or provincial-level environmental protection funds and enjoys an interest at a law-specified rate from the date of payment.

3. Deposit period, confirmation of deposit payment:

a/ The deposit period shall be counted from the date the investment project on waste treatment with waste burial activities is granted an environmental license until burial activities terminate;

b/ Right after receiving a deposit from an organization or individual investing in construction of a waste landfill, the Vietnam Environment Protection Fund or provincial-level environmental protection fund shall give confirmation of the payment of deposit by the organization or individual in the latter’s written request for deposit payment. The content of confirmation of payment of environmental protection deposit must show the following information: total amount of deposit as calculated; time limit for refund of the deposit as soon as remediated environmental protection facilities are handed over; and account blockade period (if any).

4. Management and use of the deposit:

a/ The Vietnam Environmental Protection Fund or provincial-level environmental protection fund that has received a deposit from an organization or individual investing in the construction of a waste landfill shall refund the deposit and interest thereon to the latter after receiving the written request therefor, enclosed with the a dossier proving the completion of pollution treatment and environmental remediation activities for the waste landfill;

b/ The Vietnam Environmental Protection Fund or provincial-level environmental protection fund shall manage and use the deposit in accordance with law; annually, report to the provincial-level People’s Committee, the Ministry of Natural Resources and Environment, and the Ministry of Finance on the management and use of the deposit;

c/ The Vietnam Environmental Protection Fund or provincial-level environmental protection funds shall urge organizations and individuals operating and managing waste landfills to pay environmental remediation deposits on time; propose competent authorities to handle violations committed by organizations and individuals in case of late payment of deposit;

d/ In case the owner of an investment project on construction of a waste landfill goes bankrupt or closes the waste landfill, the deposit shall be used to pay expenses for pollution treatment and environmental remediation of the waste landfill.

5. The refund of the deposit shall be based on the progress of completion of environmental remediation activities by the organization or individual and is specified as follows:

a/ After completing part or the whole of environmental remediation contents for the waste landfill, the owner of the waste landfill shall make a dossier of request for inspection and certification of completion of the environmental remediation plan;

b/ The dossier of request for inspection and certification of completion of the environmental remediation plan must comprise a request for acceptance test upon completion and a report on completion (of part or the whole) of the environmental remediation plan;

c/ The time limit for inspection and certification of completion of the environmental remediation plan is 30 days from the date of receipt of a complete and valid dossier;

d/ The process of inspection and certification of completion of the environmental remediation plan is as follows:

The inspection and certification agency shall form a team to inspect and certify completion of the environmental remediation plan composed of at least 7 members; and send the decision on formation of the inspection team, enclosed with relevant documents, to each member of the inspection team;

The inspection team shall carry out field inspection at the waste landfill. After completing the inspection, if the environmental remediation meets the requirements as prescribed, the inspection and certification agency shall issue a certificate of completion of environmental remediation contents according to the form issued by the Ministry of Natural Resources and Environment. In case of ineligibility for certification, the inspection and certification agency shall notify thereof to the owner of the waste landfill, clearly stating the reason;

dd/ Within 90 days after receiving a certificate of completion of environmental remediation contents, the deposit recipient shall return the deposit to the organization or individual;

e/ The organization or individual may withdraw the interest once after receiving a certificate of completion of environmental remediation contents;

g/ The refund of the deposit shall be made after a certificate of completion of environmental remediation contents is issued.

6. In case an organization or individual licensed to invest in, build and operate a waste landfill assigns its/his/her rights to another organization or individual or buys, sells, renames, merges or consolidates its/his/her enterprise, the organization or individual that is assigned the rights or is the new owner of the enterprise shall continue to perform the environmental remediation obligations and pay environmental remediation deposits.

7. The Ministry of Finance shall guide the management and use of environmental remediation deposits for waste landfills.

Chapter VI. RESPONSIBILITIES OF PRODUCERS AND IMPORTERS FOR RECYCLING AND TREATING PRODUCTS AND PACKAGING

Section 1. RESPONSIBILITIES OF PRODUCERS AND IMPORTERS FOR RECYCLING PRODUCTS AND PACKAGING

Article 77. Objects and roadmap for implementation of the recycling responsibility

1. Organizations and individuals producing and importing (below referred to as producers and importers) the products and packaging specified in Column 3 of Appendix XXII to this Decree for sale on the Vietnamese market shall recycle such products and packaging in compliance with the mandatory recycling rates and specifications specified in Article 78 of this Decree.

2. The packaging specified in Clause 1 of this Article is consumer packaging (including direct packaging and outer packaging) of the following products and goods:

a/ Food as specified by the law on food safety;

b/ Cosmetics as specified by the regulations on conditions for cosmetic production;

c/ Drugs as specified by the law on pharmacy;

d/ Fertilizers, animal feed, and veterinary drugs as specified by the laws on fertilizers, animal feed, and veterinary drugs;

dd/ Detergents, and preparations for household, agricultural and medical uses;

e/ Cement.

3. The following entities are not required to perform the recycling responsibility:

a/ Producers and importers of products and packaging that are produced or imported for export or temporarily imported for re-export or for research, study and testing purposes under Clause 1, Article 54 of the Law on Environmental Protection.

b/ Producers of the packaging specified in Clause 1 of this Article that earn a turnover of under VND 30 billion from selling goods and providing services in the previous year;

c/ Importers of the packaging specified in Clause 1 of this Article that have a total import value (calculated according to customs value) of under VND 20 billion in the previous year.

4. Producers and importers shall perform the responsibility for recycling the products and packaging they produce or import according to the following roadmap:

a/ From January 1, 2024, for battery and accumulator products and packaging; lubricating oil; and inner tubes and tires;

b/ From January 1, 2025, for electrical and electronic products;

c/ From January 1, 2027, for means of transport.

The Ministry of Natural Resources and Environment shall submit to the Prime Minister for promulgation regulations on the disposal of means of transport before January 1, 2025.

Article 78. Mandatory recycling rates and specifications

1. Mandatory recycling rate is the ratio of the minimum volume of products and packaging that must be recycled according to the mandatory recycling specifications to the total volume of products and packaging that are produced and sold to the market or imported in the year of performance of the responsibility.

The mandatory recycling rate applicable to each type of product and packaging shall be determined based on the life cycle, disposal rate, and collection rate of the product or packaging; the national recycling rate target, environmental protection requirements, and socio-economic conditions in each period.

2. The mandatory recycling rate applicable to each type of product and packaging in the first 3 years is specified in Column 4 of Appendix XXII to this Decree. Mandatory recycling rates shall be adjusted once every 3 years to be gradually increased so as to meet the national recycling rate target and environmental protection requirements.

3. Producers and importers may recycle products and packaging they produce or import or recycle products and packaging of the same type as specified in Column 3 of Appendix XXII to this Decree which are produced or imported by other producers or importers so as to achieve the mandatory recycling rate. The recycling of imported scraps for use as production materials shall not be included in the mandatory recycling rate of producers and importers.

4. In case a producer or an importer reaches a recycling rate higher than the mandatory recycling rate specified in Clauses 1 and 2 of this Article, the difference shall be reserved and included in the mandatory recycling rate of the subsequent years.

5. The mandatory recycling rate applicable to each type of product and packaging after the first 3 years of implementation Clause 2 of this Article shall be adjusted and promulgated by the Prime Minister before September 30 of the last year of the 3-year cycle for application in the next 3-year cycle.

6. Mandatory recycling specifications are selected recycling solutions, accompanied with minimum requirements on the amount of recovered materials and fuels for product and packaging recycling. Mandatory recycling specifications applicable to each product and packaging are specified in Column 5 of Appendix XXII to this Decree.

Article 79. Forms of performance of the recycling responsibility

1. Producers and importers shall select a form of performance of the recycling responsibility specified in Clause 2, Article 54 of the Law on Environmental Protection for one product or packaging or one group of products and packaging specified in Column 3 of Appendix XXII to this Decree.

2. In case of selecting the form of performance of the recycling responsibility according to Point a, Clause 2, Article 54 of the Law on Environmental Protection, producers or importers shall decide on their own the recycling by the following methods:

a/ Carrying out the recycling by themselves;

b/ Hiring a recycling unit to carry out the recycling;

c/ Authorizing an intermediary to organize the recycling (below referred to as the authorized party);

d/ Combining the methods specified at Points a, b and c of this Clause.

3. Producers and importers that carry out the recycling by themselves must ensure satisfaction of environmental protection requirements as specified by law; they may not carry out the recycling when failing to meet environmental protection requirements specified by law.

4. Recycling units hired by producers or importers to carry out the recycling specified at Point b, Clause 2 of this Article must satisfy environmental protection requirements as specified by law.

5. The authorized party specified at Point c, Clause 2 of this Article must satisfy the following requirements:

a/ Having the legal person status and being established in accordance with law;

b/ Neither carrying out the recycling by itself nor having ownership relations with any recycling unit related to the scope of authorization;

c/ Being authorized by at least 3 producers or importers.

6. The Ministry of Natural Resources and Environment shall publicize a list of organizations and units specified in Clauses 4 and 5 of this Article for producers and importers to select. Producers and importers may not hire recycling units or authorized parties that fail to meet requirements.

7. Producers and importers that opt for the form of making financial contributions to the Vietnam Environmental Protection Fund as prescribed at Point b, Clause 2, Article 54 of the Law on Environmental Protection are not required to follow the recycling methods specified in Clause 2 of this Article.

8. People’s Committees at all levels, organizations, individuals and consumers have the responsibility to create conditions for and support producers, importers, recycling units and authorized parties in sorting and collection of consumed products and packaging in their localities.

Article 80. Registration of recycling plans and reporting on recycling results

1. Producers and importers shall register their annual recycling plans and report on the previous year’s recycling results to the Ministry of Natural Resources and Environment before March 31 of the current year; in case producers or importers make full authorization to authorized parties, the latter shall be held responsible for registering recycling plans and reporting on recycling results on behalf of producers or importers.

The registration of a recycling plan shall be based on the calculation of volume of produced products and packaging sold to the market in the previous year. Producers, importers or authorized parties shall be responsible before law for the accuracy of information on registration of recycling plans and reporting on recycling results.

The Minister of Natural Resources and Environment shall issue forms for registration of recycling plans and reporting on recycling results specified in this Clause.

2. In case the volume of products and packaging actually produced and sold to the market or imported by a producer or an importer is larger than that stated in its/his/her registered recycling plan, the producer or importer must include the difference in the recycling plan of the subsequent year.

In case the volume of products and packaging actually produced and sold to the market or imported by a producer or an importer is smaller than that stated in its/his/her registered recycling plan, the producer or importer may carry out the recycling and report on recycling results based on the former volume.

3. In case a recycling plan or report on recycling results is improperly made, the Ministry of Natural Resources and Environment shall notify thereof in writing to the producer, importer or authorized party for the latter to complete the plan or report within 30 working days from the date of receiving the notice. It is not required to register recycling plans and report on recycling results for imported scraps for use as production materials.

4. Producers and importers that opt to make financial contributions to the Vietnam Environmental Protection Fund as prescribed at Point b, Clause 2, Article 54 of the Law on Environmental Protection are not required to register and implement recycling plans and report on recycling results under Clause 1 of this Article.

Article 81. Financial contributions to the Vietnam Environmental Protection Fund

1. Financial contributions to the Vietnam Environmental Protection Fund for each type of product and packaging (F) shall be determined according to the following formula: F = R x V x Fs, in which:

F is the total amount of money that producers and importers must pay to the Vietnam Environmental Protection Fund for each type of product or package (unit of calculation: VND);

R is the mandatory recycling rate applicable to each type of product and packaging specified in Clause 1, Article 78 of this Decree (unit of calculation: %);

V is the volume of products and packaging produced and sold on the market or imported in the year of performance of the recycling responsibility (unit of calculation: kg);

Fs is the reasonable and valid recycling cost norm for a unit volume of product or packaging, inclusive of costs of sorting, collection, transportation and recycling of products and packaging and administrative management expenses in support of the performance of the producer’s and importer’s recycling responsibility (unit of calculation: VND/kg).

2. The Ministry of Natural Resources and Environment shall submit to the Prime Minister for promulgation Fs applicable to each product and packaging and adjustment of Fs once every 3 years.

3. Financial contributions to the Vietnam Environmental Protection Fund by producers and importers shall be made as follows:

a/ Producers and importers make self-declarations of their financial contributions according to the form issued by the Ministry of Natural Resources and Environment and submit such declarations to the Vietnam Environmental Protection Fund before March 31 every year. The declaration of the financial contribution shall be calculated based on the volume of products and packaging produced and sold on the market or imported in the previous year. Producers, importers or authorized parties shall be held responsible before law for the accuracy of information in the declarations;

b/ Before April 20 every year, producers and importers shall make one-off payment of their financial contributions to the Vietnam Environment Protection Fund or may opt to make payment in two installments: at least 50% of the total amount in the first installment payment before April 20, and the remainder in the second installment payment before October 20 of the same year;

c/ In case the declared volume of products and packaging is lower than the volume of products and packaging actually produced and sold on the market or imported, the payment for the difference must be made in the subsequent year; in case the declared volume of products and packaging is higher than the volume of products and packaging actually produced and sold on the market or imported, the difference shall be deducted from the payable amount of the subsequent year.

Article 82. Provision of support for recycling of products and packaging

1. The financial contributions to the Vietnam Environmental Protection Fund specified in Article 81 of this Decree shall be used to support activities of sorting, collection, transportation, recycling and disposal of products and packaging specified in Column 3 of Appendix XXII to this Decree and administrative management expenses in support of the performance of the recycling responsibility of producers and importers.

The bank deposit interest on financial contributions to the Vietnam Environmental Protection Fund shall be used to cover administrative management expenses for management, supervision and support for the performance of the recycling responsibility of producers and importers.

2. Agencies and organizations wishing to receive financial support for recycling activities specified in Clause 1 of this Article shall make a dossier of request for support according to the form issued by the Ministry of Natural Resources and Environment and send it to the Ministry of Natural Resources and Environment before October 30 every year for consideration and approval.

3. The provision of financial support for recycling of products and packaging specified in Column 3 of Appendix XXII to this Decree is as follows:

a/ Before September 30 every year, the Ministry of Natural Resources and Environment shall make public criteria, priorities and financial support levels for recycling activities and to-be-recycled products of the subsequent year at the request of the National EPR Council;

b/ The National EPR Council shall appraise and vote to approve requests for financial support of agencies and organizations and submit them to the Ministry of Natural Resources and Environment;

c/ The Ministry of Natural Resources and Environment shall approve appraisal results and requests for financial support at the request of the National EPR Council;

d/ The organization assigned by the Ministry of Natural Resources and Environment to provide financial support shall notify and sign support contracts with agencies and organizations entitled to financial support;

dd/ The Vietnam Environment Protection Fund shall pay support money to agencies and organizations under the contracts signed under Point d of this Clause.

4. The receipt and use of financial contributions to the Vietnam Environmental Protection Fund to support recycling activities must be public and transparent and for proper purposes. The Vietnam Environmental Protection Fund shall report to the Ministry of Natural Resources and Environment and the National EPR Council and publicize information on the receipt and use of financial contributions to support recycling activities of a year before March 31 of the subsequent year.

5. The National EPR Council shall approve and submit to the Minister of Natural Resources and Environment for promulgation the Regulation on management and use of financial contributions to the Vietnam Environmental Protection Fund to support recycling activities of producers and importers.

Section 2. WASTE COLLECTION AND TREATMENT RESPONSIBILITIES OF PRODUCERS AND IMPORTERS

Article 83. Payers and levels of financial contributions to the Vietnam Environmental Protection Fund to support waste treatment activities

1. Producers and importers of the products and packaging specified in Column 2 of Appendix XXIII to this Decree that are sold on the Vietnamese market shall make financial contributions to the Vietnam Environmental Protection Fund to support waste treatment activities, except:

a/ Producers or importers of products and packages that are produced or imported for export or temporarily imported for re-export or for research, study and testing purposes under Clause 1, Article 55 of the Law on Protection Environment;

b/ Producers earning a turnover of under VND 30 billion from selling goods and providing services in the previous year;

c/ Importers having a total import value (calculated based on customs value) of under VND 20 billion in the previous year.

2. The packaging specified in Clause 1 of this Article is consumer packaging (direct packaging) of products and goods.

3. The specific financial contribution level applicable to each product and packaging is provided in Columns 3, 4 and 5 of Appendix XXIII to this Decree.

4. The levels of financial contributions to the Vietnam Environmental Protection Fund to support waste treatment activities shall be adjusted once every 5 years to be gradually increased so as to meet environmental protection requirements.

5. The Prime Minister shall decide to adjust and promulgate the gradually increased levels of financial contributions at the request of the Ministry of Natural Resources and Environment; and administrative management expenses for management, supervision and support of the performance of waste collection and treatment responsibilities of producers and importers.

Article 84. Procedures for making financial contributions to the Vietnam Environmental Protection Fund to support waste treatment activities

1. Producers and importers shall themselves make declarations of the amounts of contributions according to the form issued by the Ministry of Natural Resources and Environment and submit such declarations to the Vietnam Environmental Protection Fund before March 31 every year. The amount of contribution to support waste treatment activities shall be declared based on the volume of products and packaging produced and sold on the market or imported in the previous year. Producers and importers shall be held responsible before law for the accuracy of information in the declarations.

2. Before April 20 every year, producers and importers shall make one-off payment of contributions for support of waste treatment activities to the Vietnam Environmental Protection Fund or may opt to make payment in two installments: at least 50% of the total amount in the first installment payment before April 20, and the remainder in the second installment payment before October 20 of the same year.

3. In case the declared volume of products and packaging is lower than the volume of products and packaging actually produced and sold to the market or imported, producers and importers shall fully pay for the difference in the subsequent year; in case the declared volume of products and packaging is higher than the volume of products and packaging actually produced and sold on the market or imported, the difference shall be deducted from the payable amount of the subsequent year.

Article 85. Provision of support for waste treatment activities

1. Agencies and organizations wishing to receive financial support for waste treatment activities specified in Clause 3, Article 55 of the Law on Environmental Protection shall make a dossier of request for support according to the form issued by the Ministry of Natural Resources and Environment and send it to the Ministry of Natural Resources and Environment before October 30 every year for consideration and approval.

2. The provision of financial support for waste treatment activities must comply with the process specified in Clause 3, Article 82 of this Decree.

3. The receipt and use of financial contributions to support waste treatment activities must be public and transparent and for proper purposes.

The Vietnam Environment Protection Fund shall annually report to the Ministry of Natural Resources and Environment and the National EPR Council, and publicize information on, the receipt and use of financial contributions to support waste treatment activities of a year before March 31 of the subsequent year.

4. The amount of interest on bank deposit of financial contributions to the Vietnam Environmental Protection Fund shall be used to cover administrative management expenses for management, supervision and support in performance of waste collection and treatment responsibilities of producers and importers.

5. The National EPR Council shall approve and submit to the Minister of Natural Resources and Environment for promulgation the Regulation on management and use of financial contributions to the Vietnam Environmental Protection Fund to support waste treatment activities of producers and importers.

Section 3. PROVISION AND MANAGEMENT OF INFORMATION AND MANAGEMENT AND SUPERVISION OF PERFORMANCE OF RESPONSIBILITIES OF PRODUCERS AND IMPORTERS

Article 86. Provision of information about products and packaging

1. Producers and importers specified in Articles 77 and 83 of this Decree shall publicize information about the products and packaging they produce or import, including: ingredients, fuels, and materials; instructions on sorting, collection, reuse, recycling and treatment; and warning of risks in the process of recycling, reuse, and treatment.

2. Tax offices, customs offices, enterprise registration agencies and related agencies and organizations shall provide and share tax, customs, enterprise registration information and other information relating to the production and import of the products and packaging specified in Appendix XXII and Appendix XXIII to this Decree at the request of the Ministry of Natural Resources and Environment.

Article 87. National EPR Portal

1. The National EPR Portal shall be connected to tax, customs, enterprise registration databases and other related databases so as to ensure that producers’ and importers’ registration, reporting and declaration comply with law.

2. The National EPR Portal shall be opened and decentralized based on account types and registering, declaring and reporting entities.

3. The Ministry of Natural Resources and Environment shall develop, manage and operate the National EPR Portal.

4. After the National EPR Portal is put into official operation, the performance of producers’ and importers’ responsibilities specified in this Decree must be registered, declared, reported, incorporated and managed on such Portal.

Article 88. National EPR Council

1. The National EPR Council has the tasks of advising and assisting the Minister of Natural Resources and Environment in managing, supervising and supporting the performance of responsibilities of producers and importers according to this Decree. The National EPR Council works on a collective basis and makes decision by majority.

2. The National EPR Council shall be composed of representatives of the Ministries of Natural Resources and Environment, Finance, Industry and Trade, Health, and Agriculture and Rural Development; representatives of producers and importers; representatives of recycling units and waste treatment units, and representatives of related social and environmental organizations.

The National EPR Council has its assisting office located at the Ministry of Natural Resources and Environment and works on a part-time basis.

3. The Minister of Natural Resources and Environment shall decide to establish the National EPR Council; promulgate the Regulation on organization and operation of the National EPR Council and define the functions, tasks, powers and organizational structure of the assisting office of the National EPR Council.

Chapter VII. ENVIRONMENTAL MONITORING

Section 1. CONDITIONS FOR PARTICIPATION IN ENVIRONMENTAL MONITORING ACTIVITIES

Article 89. Monitoring activities in service of state management of environmental protection

1. National environmental monitoring program.

2. Local environmental monitoring programs.

3. Environmental monitoring programs of production, business and service establishments as required by the law on environmental protection.

4. Road motor vehicles’ emission monitoring services, except inspection of technical safety and environmental protection quality under the state management responsibility of the Ministry of Transport.

5. Environmental monitoring activities in service of inspection, examination, supervision, prevention and control of crimes and violations of the law on environmental protection and other activities of state management of environmental protection.

6. Environmental monitoring activities serving the purpose of management in the sectors and fields specified in Clauses 2, 3 and 4, Article 109 of the Law on Environmental Protection must comply with the laws applicable to these sectors and fields.

Article 90. Entities granted certificates of eligibility for provision of environmental monitoring services

Certificates of eligibility for provision of environmental monitoring services shall be granted to organizations providing environmental monitoring services as prescribed, including:

1. Enterprises established in accordance with the Law on Enterprises.

2. Organizations conducting scientific and technological activities in the field of testing which are established in accordance with the Law on Science and Technology.

3. Public non-business organizations with the function of operating in the field of environment which are established and operate under the Government’s regulations on establishment, reorganization and dissolution of public non-business units.

Article 91. Conditions for grant of certificates of eligibility for provision of environmental monitoring services

1. Organizations that are granted a certificate of eligibility for provision of environmental monitoring services, except those specified in Clause 5 of this Article, must satisfy the conditions specified in Clauses 2, 3 and 4 of this Article.

2. Conditions on environmental monitoring capacity applicable to an organization specified in Clause 1 of this Article:

a/ Having an establishment decision or a certificate of registration of scientific and technological activities or a business registration certificate or an investment certificate issued by a competent state management agency and covering environmental monitoring activities;

b/ Being capable of conducting environmental monitoring for at least one of the environmental sample matrices, including: continental surface water; wastewater; groundwater; seawater; ambient air; emissions; soil; sediment; sludge; solid wastes; raw materials, fuels, materials, products, goods and equipment containing persistent organic pollutants. For each environmental sample matrix (except emission sample) for which the organization applies for certification, the organization must be capable of conducting both field monitoring and environmental analysis activities. Environmental analysis capacity for each sample matrix (except samples of raw materials, fuels, materials, products, goods and equipment) for which the organization applies for certification must satisfy the minimum conditions specified at Points c, d, dd, e and g of this Clause;

c/ Regarding the capacity of analyzing samples of continental surface water or wastewater for which the organization applies for certification: The organization must be fully capable of conducting environmental analysis for basic parameters as prescribed in the national environmental technical regulations, including: BOD₅, COD, total suspended solids (TSS), total phosphorus (TP), and total nitrogen (TN);

d/ Regarding the capacity of analyzing groundwater samples for which the organization applies for certification: The organization must be fully capable of conducting environmental analysis for basic parameters as prescribed in the national environmental technical regulations, including: permanganate index, NH4⁺, NO₃^–, and Fe;

dd/ Regarding the capacity of analyzing seawater samples for which the organization applies for certification: The organization must be fully capable of conducting environmental analysis for basic parameters as prescribed in the national environmental technical regulations, including: TSS, NH₄⁺, and PO₄^3-;

e/ Regarding the capacity of analyzing air samples (ambient air or industrial emissions) for which the organization applies for certification: The organization must be fully capable of conducting environmental analysis for basic parameters as prescribed in the national environmental technical regulations, including: SO₂, NO₂, CO, and total suspended particulate (TSP);

g/ Regarding the capacity of analyzing samples of soil or sediment or sludge from water or solid waste treatment systems for which the organization applies for certification: The organization must fully capable of conducting environmental analysis for basic parameters according to regulations, including: pH; metals (including: As, Cu, Zn, Pb, Ni, Cd, Cr, and Hg) or organic compounds (organochlorine compounds or organophosphorus compounds).

3. Conditions for an organization to conduct field monitoring activities:

a/ Having at least 2 full-time staff members to perform field monitoring activities or 4 at least full-time staff members to perform field monitoring activities, if registering the operation of field sampling regarding pollution parameters in the form of particulate matters (PM – a mixture of solid particles and liquid droplets) or volatile organic compounds (VOCs) in emissions, who are qualified to perform field monitoring of registered parameters;

b/ Having a person directly in charge of the field monitoring team who possesses a university or higher degree in environment, chemistry, biology, forestry, or edaphology, and has at least 2 years’ experience in the field of environmental monitoring;

c/ The persons performing field monitoring must have at least elementary qualifications corresponding to those of holders of the rank of class-IV natural resources and environment observer and the number of persons with qualifications corresponding to those of holders of the rank of class-IV natural resources and environmental observers accounts for no more than 30% of the staff members performing field monitoring;

d/ Equipment must be inspected and calibrated according to regulations, ensuring their accuracy according to the monitoring techniques prescribed by the Ministry of Natural Resources and Environment; the organization must have standard operating procedures for all field monitoring equipment; and fully equip its field monitoring staff members with personal protective equipment.

4. Conditions for an organization to conduct environmental analysis activities:

a/ Having at least 4 full-time staff members to conduct environmental analysis according to environmental components and analytical parameters for which the organization applies for certification, who are qualified to perform field monitoring for the registered parameters;

b/ The laboratory manager must possess a university or higher degree in chemistry, environment, or biology, and have at least 5 years’ experience, for holders of university degree, 3 years’ experience, for holders of  master’s degree, or 2 years’ experience, for holders of doctoral degree, in environmental analysis;

c/ The person in charge of quality assurance and quality control of the laboratory must possess a university or higher degree in chemistry, environment, or biology and have at 3 years’ experience in the field of environmental analysis;

d/ Persons performing analysis at the laboratory, except the laboratory manager and the person in charge of quality assurance and quality control, must possess an intermediate or higher degree and have been trained in the field of environment analysis for which the organization applies for certification;

dd/ Environmental analysis equipment must be inspected and calibrated according to regulations, ensuring their accuracy according to analysis techniques prescribed by the Ministry of Natural Resources and Environment; the organization must have procedures for using and operating all equipment and provide its environmental analysts with sufficient personal protective equipment;

e/ Having standard operating procedures, reporting on analytical methods approved by the organization for registered environmental parameters;

g/ The laboratory must be divided separately into areas as required, including: sample preservation and storage area, sample processing and physicochemical analysis area, microbiological analysis area, and weighing area; maintain good experimental conditions (in terms of light, power, humidity, temperature, sterility, and ventilation) and have sufficient space to perform analytical activities required by the analytical method;

h/ Applying measures to ensure industrial hygiene and fire prevention and fighting, and waste collection, management and treatment in accordance with law.

5. Environmental monitoring conditions for an organization providing the service of monitoring road motor vehicles’ emissions:

a/ Having an establishment decision or a certificate of registration of scientific and technological activities or a business registration certificate or an investment certificate issued by a competent state management agency and covering  environmental monitoring;

b/ Being fully capable of monitoring and measuring basic parameters according to national environmental technical regulations for basic parameters of CO and HC; for organizations conducting automobile emissions monitoring, in addition to CO and HC parameters, they must be capable of monitoring the parameters of CO₂, O₂, Lambda, smoke, N (%HSU), and light absorption coefficient of emissions;

c/ The manager or person in charge of quality assurance of vehicles’ emissions monitoring activities of the organization must have an intermediate or higher degree and have been trained in automotive engineering, mechanical engineering, traffic mechanics, or environment and have at least 1 year’s experience in the field of road motor vehicle emissions;

d/ Having at least 2 staff members performing road vehicle emission monitoring. Persons performing emission monitoring must have a upper secondary education degree or higher and have been trained in automotive engineering, mechanical engineering, traffic mechanics, or environment;

dd/ Equipment must be inspected and calibrated, ensuring their accuracy according to monitoring techniques as prescribed; the organization must have standard operating procedures for all traffic emission monitoring devices; and provide its staff members with sufficient personal protective equipment.

Article 92. Certificates of eligibility for provision of environmental monitoring services

1. Certificates of eligibility for provision of environmental monitoring services shall be granted to organizations that meet the requirements specified in Clauses 2, 3 and 4 of Article 91 of this Decree; and organizations monitoring and measuring  emissions of motorbikes in circulation that meet the requirements specified in Clause 5, Article 91 of this Decree, excluding vehicle inspection agencies and units that have been granted certificates of eligibility for vehicle inspection in accordance with relevant laws.

2. The Ministry of Natural Resources and Environment shall grant and modify certificates of eligibility for provision of environmental monitoring services specified in Clause 1 of this Article.

3. Certificates of eligibility for provision of environmental monitoring services shall replace certificates of registration of testing operations in the field of environmental monitoring under the management by the Ministry of Natural Resources and Environment in accordance with the Government’s regulations on conditions for provision of conformity assessment services.

4. A certificate of eligibility for provision of environmental monitoring services will be valid for 36 months from the date of grant and may be re-granted for several times and the validity period of a re-granted certificate must not exceed 36 months.

5. In case of modifying the contents of a certificate, the validity period of the modified certificate remains unchanged compared with the granted certificate.

6. A certificate of eligibility for provision of environmental monitoring services must have the following principal contents:

a/ Name and address of the certificate holder;

b/ Field(s) and scope of the certificate;

c/ Date of grant and validity of the certificate;

d/ Certificate-granting agency.

7. Certificates of eligibility for provision of environmental monitoring services shall be made according to the form provided in Appendix XXIV to this Decree.

Article 93. Order and procedures for grant of certificates of eligibility for provision of environmental monitoring services

1. Procedures for grant of certificates of eligibility for provision of environmental monitoring services shall be carried out for organizations applying for grant of such certificates for the first time or organizations requesting re-grant of the certificates.

2. A dossier of application for a certificate of eligibility for provision of environmental monitoring services shall be made in 1 set which must comprise:

a/ An application for a certificate of eligibility for provision of environmental monitoring services, made according to the form provided in Appendix XXV to this Decree;

b/ A dossier providing the organization’s capacity, made according to the form provided in Appendix XXVI to this Decree.

3. Order and procedures for grant of a certificate of eligibility for provision of environmental monitoring services:

a/ The applicant shall hand deliver or send by post a dossier specified in Clause 2 of this Article in the paper form or send it in the electronic form via the online public service system;

b/ Within 3 days after receiving a complete and valid dossier, the certificate-granting agency shall notify the applicant of the appraisal charge. The applicant shall pay the appraisal charge and send documents proving charge payment (receipt, slip or other documents) to the certificate-granting agency. The time for the applicant to pay the appraisal charge shall not be included in the certificate-granting agency’s appraisal time. In case the dossier is incomplete or invalid, the certificate-granting agency shall return the dossier to the applicant and request the latter to supplement the dossier as prescribed;

c/ Within 45 days (exclusive of the time for the applicant to modify or supplement the dossier) after receiving the charge for appraisal of conditions for provision of environmental monitoring services, the certificate-granting agency shall appraise and grant a certificate of eligibility for provision of environmental monitoring services to the applicant. The appraisal of conditions for provision of environmental monitoring services for the grant of a certificate of eligibility for provision of environmental monitoring services shall be conducted by the appraisal council specified in Clause 4 of this Article based on dossier evaluation and consideration results; results of evaluation and physical inspection at the applicant’s facility(ies) and results of the appraisal council’s meeting(s).

For organizations measuring road motor vehicle emissions, the certificate-granting agencies shall, on a case-by-case basis, decide to conduct online or physical inspection.

In case of refusing to grant a certificate of eligibility for provision of environmental monitoring services, the certificate-granting agency shall notify such in writing to the applicant, clearly stating the reason.

4. A council of appraisal of conditions for provision of environmental monitoring services must be composed of at least 5 members, including 1 president, 1 vice president in case of necessity, 1 secretary and other members being experienced experts in the field of environmental monitoring. Appraisal council members shall study the dossier, conduct physical inspection at the applicant’s facility(ies), write remarks and evaluations of certification contents and take responsibility before law for their remarks and evaluations.

5. The Ministry of Natural Resources and Environment shall provide in detail the appraisal for grant of certificates of eligibility for provision of environmental monitoring services specified in Clauses 3 and 4 of this Article.

Article 94. Order and procedures for modification of certificates of eligibility for provision of environmental monitoring services

1. Procedures for modification of certificates of eligibility for provision of environmental monitoring services shall be carried out for organizations whose certificates of eligibility for provision of environmental monitoring services remain valid for at least 6 months.

2. Environmental monitoring service providers that wish to change the field and scope of field monitoring and environmental analysis stated in their granted certificates shall carry out procedures for modification of certificates of eligibility for provision of environmental monitoring services.

3. A dossier of request for modification of a certificate of eligibility for provision of environmental monitoring services shall be made in 1 set comprising:

a/ A written request for modification of the certificate of eligibility for provision of environmental monitoring services, made according to the form provided in Appendix XXVII to this Decree;

b/ A dossier proving the requesting organization’s capacity, made according to the form provided in Appendix XXVI to this Decree.

4. Order and procedures for modification of a certificate of eligibility for provision of environmental monitoring services:

a/ An organization requesting modification of its certificate of eligibility for provision of environmental monitoring services shall hand deliver or send by post a dossier specified in Clause 2 of this Article in the paper form or send it in the electronic form via the online public service system;

b/ Within 3 days after receiving a complete and valid dossier, the certificate-granting agency shall notify the organization of the appraisal charge. The organization shall pay the appraisal charge and send documents proving payment (receipt, slip or other documents) to the certificate-granting agency. The time for the organization to pay the appraisal charge shall not be included in the certificate-granting agency’s appraisal time. In case a dossier is incomplete or invalid, the certificate-granting agency shall return the dossier to the organization and request the latter to supplement the dossier as prescribed;

c/ Within 30 days (exclusive of the time for the organization to modify or supplement the dossier) after receiving the charge of appraisal of conditions for provision of environmental monitoring services, the certificate-granting agency shall appraise and modify the certificate of eligibility for provision of environmental monitoring services for the organization. The appraisal of conditions for provision of environmental monitoring services serving the modification of an eligibility certificate shall be conducted by the appraisal council specified in Clause 5 of this Article based on dossier evaluation and consideration results; results of evaluation and physical inspection at the requesting organization’s facility(ies) and results of the appraisal council’s meeting(s).

In case of refusing to modify the certificate of eligibility for provision of environmental monitoring services, the certificate-granting agency shall notify such in writing to the organization, clearly stating the reason.

5. The council of appraisal of conditions for provision of environmental monitoring services must comply with Clause 4, Article 93 of this Article.

6. The Ministry of Natural Resources and Environment shall issue the forms of the request and capacity dossier specified in Clause 3 of this Article; and provide in detail the appraisal for modification of certificates of eligibility for provision of environmental monitoring services specified in Clause 4 of this Article.

Article 95. Responsibilities of organizations granted certificates of eligibility for provision of environmental monitoring services

1. Organizations granted certificates of eligibility for provision of environmental monitoring services shall maintain the capacity conditions stated in their granted certificates. When undergoing a change pertaining to the conditions specified in Article 91 of this Decree, organizations shall notify thereof in writing to the Ministry of Natural Resources and Environment within 7 days after the change occurs.

2. Organizations granted certificates of eligibility for provision of environmental monitoring services shall make paper or electronic dossiers for environmental monitoring activities they conduct serving inspection and examination.

Dossiers pertaining to an organization’s environmental monitoring activities must include chemical monitoring files; result slips; dossiers on management and use of environmental monitoring devices, laboratory sample delivery and receipt tracking files or systems, dossier on quality assurance and control of environmental monitoring and data management according to regulations on environmental monitoring techniques of the Ministry of Natural Resources and Environment, minutes of liquidation and other forms of contracts with customers according to the civil law and other relevant documents.

3. When participating in the provision of environmental monitoring services, if an organization signs service provision contracts with its customers, the contracts must bear the organization’s own identification sign and the date of signing. The organization’s own identification sign must contain an ordinal number. The ordinal number shall be sequentially assigned, starting from the first contract signed in the calendar year and ending with the last contract signed in the same year, ensuring the chronological order of contract signing.

4. Results shall be returned to customers in the form of a monitoring result sheet signed and stamped by the organization’s competent person. Monitoring result sheets shall be designed in a separate form which must contain the information specified in Clause 5 of this Article.

5. Information of a monitoring result sheet:

a/ Name of the organization;

b/ Name of the customer receiving the sheet;

c/ Number of the granted VIMCERTS certificate;

d/ Date of issuance of the sheet;

dd/ Sign of the sheet which must display the sheet’s ordinal number sequentially assigned for each year and the year of issuance. The ordinal number shall be assigned starting from the first sheet in the calendar year and ending with the last sheet in the same year, ensuring the chronological order of sheet issuance. The organization may add their own identification sign sets to the sheet’s sign to serve classification and internal management but must adhere to the rule of numbering sheets in the chronological order of issuance;

e/ Analysis results: parameters, analysis methods, measuring results and technical regulations, standards or parameters for comparison (if any);

g/ In case of hiring another organization to conduct monitoring of uncertified parameters, the name of the hired organization must be clearly noted, together with the monitoring result sheet issued by such organization;

h/ The organization must have a file or system for monitoring result sheets issued to customers, which must at least contain the following information: the sign of each sheet, including its ordinal number; sheet issuance date and name of the customer receiving the sheet.

6. In case an organization conducts environmental monitoring by itself to serve its research activities or for internal supervision without signing a contract with or issuing a monitoring result sheet to a second party, it shall not be required to comply with Clauses 2, 3 and 4 of this Article.

7. Organizations shall archive original monitoring dossiers and data of all monitoring services they have provided over the last 3 years, except the case specified in Clause 6 of this Article.

8. In case an organization that has been granted a certificate of eligibility for provision of environmental monitoring services hires another organization to conduct monitoring of uncertified parameters, it shall select an organization that has been granted a certificate of eligibility for provision of environmental monitoring services for such parameters to conduct monitoring. The minutes of handover of monitoring samples between these two organizations shall be kept in each organization’s file.

Article 96. Technical requirements applicable to organizations and individuals conducting environmental monitoring with the aim of providing and disclosing information on environmental quality to the public

1. The Ministry of Natural Resources and Environment shall organize the implementation of the national environmental monitoring program and disclose information on environmental quality to the public in the form of information publicization specified in Clause 6, Article 102 of this Decree.

2. Provincial-level People’s Committees shall organize the implementation of local environmental monitoring programs and disclose information on environmental quality to the public in the form of information publicization specified in Clause 6, Article 102 of this Decree.

3. Agencies, organizations and individuals that conduct regular and continuous monitoring of environmental components and use environmental quality monitoring results to directly provide and disclose information on environmental quality to the public must meet the technical requirements specified in Clauses 2, 3 and 4 of Article 91 of this Decree.

4. Agencies, organizations and individuals that conduct automatic and continuous monitoring of environmental components and use results of automatic monitoring of environmental quality to directly provide and disclose information on environmental quality to the public must meet technical requirements on environmental quality monitoring, including:

a/ Technical requirements on automatic and continuous environmental monitoring devices;

b/ Technical requirements on locations for installation of monitoring stations;

c/ Management and operation staff;

d/ Inspection and calibration of automatic and continuous environmental monitoring devices in accordance with the law on measurement;

dd/ Quality control process.

5. When disclosing information on environmental quality to the public, the agencies, organizations and individuals conducting environmental monitoring specified in Clauses 3 and 4 of this Article shall also publicize information on monitoring locations and methods and accuracy of devices or method reporting limits and bear responsibility for the results of information disclosure.

6. The subjects specified in Clause 4 of this Article shall submit  to state management agencies a report on satisfaction of technical requirements on environmental monitoring, made according to the form promulgated by the Ministry of Natural Resources and Environment, before disclosing information on environmental quality to the public. The Ministry of Natural Resources and Environment shall receive reports from agencies, organizations and individuals conducting automatic and continuous monitoring of environmental quality in 2 or more provinces. Provincial-level specialized agencies in charge of environmental protection shall receive reports from agencies, organizations and individuals conducting automatic and continuous monitoring of environmental quality in 1 province.

7. The Ministry of Natural Resources and Environment shall inspect the satisfaction of technical requirements on monitoring of environmental quality by the subjects specified in Clause 4 of this Article in conducting automatic and continuous monitoring of environmental quality in 2 or more provinces. Provincial-level specialized agencies in charge of environmental protection shall inspect the satisfaction of technical requirements on monitoring of environmental quality by the subjects specified in Clause 4 of this Article when conducting automatic and continuous monitoring of environmental quality in 1 province.

8. The Ministry of Natural Resources and Environment shall provide in detail technical requirements on environmental monitoring specified in Clause 4 of this Article.

Section 2. WASTEWATER, DUST AND EMISSION MONITORING

Article 97. Wastewater monitoring

1. The flow of wastewater discharge shall be calculated based on the total designed capacity of all facilities and equipment discharging wastewater into the environment stated in environmental licenses and prescribed as follows:

a/ For projects or establishments engaged in production, business or service activities that are likely to cause environmental pollution, the average flow of wastewater discharged into the environment shall be between 200 m³ per day (24 hours) and under 500 m³ per day (24 hours); the large flow of wastewater discharged into the environment shall be 500 m³ or more per day (24 hours) ;

b/ For projects or establishments engaged in production, business or service activities other than those that are likely to cause environmental pollution, the large flow of wastewater discharged into the environment shall be between 500 m³ per day (24 hours) and under 1,000 m³ per day (24 hours); the very large flow of wastewater discharged into the environment shall be 1,000 m³ or more per day.

2. The subjects, flow of wastewater discharge and forms of discharge subject to automatic, continuous and periodical wastewater monitoring are specified in Appendix XXVIII to this Decree (excluding establishments having their wastewater treatment systems connected to centralized wastewater treatment systems, aquaculture establishments, establishments having treatment systems for wastewater from periodical cleaning of tanks separated from wastewater treatment systems, establishments discharging cooling water not containing chlorine or chemical disinfectants, and establishments draining water from mines where minerals are exploited for use as ordinary construction materials or limestone mines), specifically as follows:

a/ The subjects specified in Column 2 with the flow specified in Column 4 of Appendix XXVIII shall be subject to automatic and continuous wastewater monitoring and periodical wastewater monitoring under Clauses 3 and 4 of this Article;

b/ The subjects specified in Column 2 with the flow specified in Column 5, Appendix XXVIII shall be subject to automatic and continuous wastewater monitoring or periodical wastewater monitoring under Clauses 3 and 4 of this Article.

3. Periodical wastewater monitoring:

a/ Parameters and frequency of periodical wastewater monitoring shall be clearly stated in environmental licenses. Monitoring parameters shall be determined based on the following grounds: environmental technical regulations on wastewater; type of production, business or service activities; used fuels, materials and chemicals; production technology, waste treatment technology; parameters exceeding the limits set in environmental technical regulations that are detected through examination, inspection, and handling of violations of the law on environmental protection; request of owners of projects or establishments.

Agencies competent to grant environmental licenses may not require additional monitoring of other parameters without referring to the grounds mentioned at this Point;

b/ For production, business and service projects and establishments that operate on an around-the-clock schedule, the frequency of periodical wastewater monitoring is every 3 months for cases subject to environmental impact assessment and every 6 months for other cases.

For production, business and service projects and establishments that operate on a seasonal basis and are subject to environmental impact assessment, periodical wastewater monitoring shall be conducted once, for seasonal operation of 3 months or less; twice, for seasonal operation of between over 3 months and 6 months; thrice, for seasonal operation of between over 6 months and under 9 months; and four times,  for seasonal operation of 9 months or more; with the interval between 2 times of monitoring being at least 3 months.

For production, business and service projects and establishments that operate on a seasonal basis and are not subject to environmental impact assessment: periodical wastewater monitoring shall be conducted once, for seasonal operation of 6 months or less, and twice, for seasonal operation of over 6 months; with the interval between 2 times of monitoring being at least 6 months.

Particularly for the parameters of total organochlorine pesticides, total organophosphorus pesticides, total polychlorinated biphenyl (PCB), dioxin, and easily absorbable organic halogen (if any), the frequency of periodical wastewater monitoring is once per year.

4. Automatic and continuous wastewater monitoring:

a/ The deadline for production, business or service projects and  establishments, concentrated production, business or service zones and industrial clusters with the flow of wastewater discharged into the environment specified in Column 4, Appendix XXVIII to this Decree to complete the installation of automatic and continuous wastewater monitoring systems (with surveillance cameras and automatic sampling equipment) and direct data connection and transmission to provincial-level specialized agencies in charge of environmental protection is December 31, 2024.

From January 1, 2025, investment projects with the flow of wastewater discharged into the environment specified in Column 4, Appendix XXVIII to this Decree must install automatic and continuous wastewater monitoring systems before the trial operation of wastewater treatment facilities.

Production, business or service projects and establishments, concentrated production, business or service zones and industrial clusters with the flow of wastewater discharged into the environment specified in Column 4, Appendix XXVIII to this Decree that have installed automatic and continuous wastewater monitoring systems according to regulations are exempt from periodical wastewater monitoring under Clause 3 of this Article through December 31, 2024; after that, they will be  only be exempt from periodical wastewater monitoring under Clause 3 of this Article for parameters for which automatic and continuous monitoring has been conducted.

Projects and establishments with a large flow of wastewater discharged into the environment as specified in Item 3, Column 5, Appendix XXVIII to this Decree that have installed and continue to maintain automatic and continuous wastewater monitoring systems according to regulations shall be exempt from periodical wastewater monitoring under Clause 3 of this Article.

Projects and establishments with an average flow of wastewater discharged into the environment as specified in Item 2, Column 5, Appendix XXVIII to this Decree that have installed and continue to maintain automatic and continuous wastewater monitoring systems or other projects and establishments that are not required by law to install automatic and continuous wastewater monitoring systems but have installed or voluntarily install such systems will be entitled to incentive and support policies in accordance with this Decree and other relevant laws.

Continuous and automatic environmental monitoring devices must be tested, inspected and calibrated in accordance with the law on standards, metrology and quality. The connection and transmission of automatic and continuous wastewater monitoring data must comply with regulations on environmental monitoring techniques. Within 3 days after receiving written requests for data connection and transmission from owners of production, business or service projects and establishments,  concentrated production, business or service zones, or industrial clusters, provincial-level specialized agencies in charge of environmental protection or authorized agencies shall provide the latter with FPT accounts for monitoring data connection and transmission. After the connection and transmission of automatic and continuous wastewater monitoring data are completed, provincial-level specialized agencies in charge of environmental protection or authorized agencies shall notify such in writing to owners of production, business or service projects or establishments, concentrated production, business or service zones, and industrial clusters.

b/ Automatic and continuous wastewater monitoring parameters are specified in Column 3, Appendix XXVIII to this Decree, except the case specified at Point c of this Clause and cases in which an organization or individual commits a violation concerning discharge of wastewater to an extent that it/he/she may be subject to the additional sanction of suspension from operation for a definite term or deprivation of the right to use the environmental license or component environmental license for a definite term, for which state agencies competent to decide on automatic and continuous wastewater monitoring shall add a number of typical parameters to control environmental pollution;

c/ For projects or establishments discharging cooling water containing chlorine or chemical disinfectants into the environment with the flow of 1,000 m³ or more per day (24 hours), their owners shall install devices for automatic and continuous monitoring of the parameters of flow, temperature and chlorine for such cooling water source;

d/ Production, business or service projects and establishments, concentrated production, business or service zones, and industrial clusters that have conducted automatic and continuous wastewater monitoring of major parameters up to environmental technical regulations for 3 consecutive years and committed no violation regarding discharge of wastewater according to the latest examination or inspection results of competent state agencies (having their wastewater samples meeting environmental technical regulations) shall be exempt from periodical wastewater monitoring.

Owners of production, business or service projects and establishments, concentrated production, business or service zones, and industrial clusters shall send reports, made according to the form promulgated by the Ministry of Natural Resources and Environment, to agencies that have granted their environmental licenses; and concurrently to provincial-level specialized agencies in charge of environmental protection for the latter to monitor and supervise the implementation in case their environmental licenses are granted by central agencies (except cases classified as national defense and security secrets);

dd/ The value of an automatic and continuous wastewater monitoring parameter shall be determined as the average value per day (24 hours) of measurement results (based on technical specifications of each type of equipment) of such parameter. For cases of discharging of wastewater treated by batch treatment methods, the value of automatic and continuous wastewater monitoring parameters shall be determined as the average value per hour; in case the period of discharge is less than 1 hour, the parameter value shall be determined as the average value of measurement results during that period. Automatic and continuous wastewater monitoring parameter values shall be compared with the maximum permissible values of pollution parameters prescribed in the environmental technical regulations on wastewater;

e/ The Government shall decide on the time for installation of automatic and continuous wastewater monitoring systems for projects and establishments with the flow of wastewater discharged into the environment specified in Items 2 and 3, Column 5, Appendix XXVIII to this Decree so as to meet environmental protection requirements in each period.

5. Periodical wastewater monitoring and automatic and continuous wastewater monitoring results shall be used to monitor and evaluate the effectiveness and conformity of wastewater treatment facilities and to declare and pay environmental protection charges for wastewater and sanction administrative violations in the field of environmental protection (if any).

6. In case a provincial-level specialized agency in charge of environmental protection agency, through periodical self-monitoring or automatic and continuous monitoring activities, detects monitoring parameters exceeding the limits set in environmental technical regulations, it shall apply one of the following measures:

a/ To send a notice, made according to the form promulgated by the Ministry of Natural Resources and Environment, to the owner of the concerned production, business or service project or establishment, concentrated production, business or service zone, or industrial cluster to inform the latter of the (periodical or automatic and continuous) wastewater monitoring results’ excess of limits set in environmental technical regulations and request remediation according to regulations. After issuing the notice, if monitoring results continue to exceed limits set in environmental technical regulations, the provincial-level specialized agency in charge of environmental protection shall work with the owner of the production, business or service project or establishment, concentrated production, business or service zone, or industrial cluster and make a file on handling of violations in accordance with law;

b/ To take field samples or collect samples from automatic sampling equipment for analysis. Wastewater sample analysis results shall serve as grounds for consideration and handling of violations (if any) in accordance with law. Expenses for taking and analyzing samples shall be covered by funds for environmental non-business activities of the provincial-level specialized agency in charge of environmental protection.

7. In case the owner of a production, business or service project or establishment, concentrated production, business or service zone, or an industrial cluster reports inaccurately about pollution data or commits the violation of discharging wastewater in excess of the limit set in environmental technical regulations (including also those exempt from periodical wastewater monitoring), it/he/she shall be handled in accordance with law and must implement one of the following measures:

a/ To review its/his/her wastewater treatment facilities to identify causes of environmental pollution;

b/ To renovate or upgrade its/his/her wastewater treatment facilities (if any);

c/ To re-operate its/his/her wastewater treatment facilities if they are renovated or upgraded; to conduct wastewater monitoring  under the guidance of the Ministry of Natural Resources and Environment, ensuring that wastewater is treated up to environmental technical regulations on wastewater before being discharged into the environment.

8. Organizations conducting monitoring activities shall bear responsibility before law for the accuracy of wastewater monitoring results provided to owners of production, business or service projects and establishments, concentrated production, business or service zones, and industrial clusters in accordance with law.

Article 98. Industrial emission monitoring

1. The flow of industrial dust and emissions discharged by projects and establishments shall be calculated based on the flow or designed capacity of their industrial dust or emission treatment facilities and equipment stated in their environmental licenses and is prescribed as follows:

a/ For projects and establishments engaged in production, business or service activities that are likely to cause environmental pollution, the large flow of industrial dust and emissions discharged is specified in Items 1 thru 8, Column 6, Appendix XXIX to this Decree;

b/ For projects and establishments engaged in production, business or service activities that are likely to cause environmental pollution, the extremely large flow of industrial dust and emissions discharged is specified in Items 1 thru 8, Column 5, Appendix XXIX to this Decree;

c/ For projects and establishments engaged in production, business or service activities that are not likely to cause environmental pollution, the large flow of industrial dust and emissions discharged is specified in Item 9, Column 6, Appendix XXIX to this Decree.

2. The subjects, types of dust and emission discharge facilities and equipment, and the flow or capacity of dust and emission discharge facilities and equipment subject to automatic and continuous monitoring are specified in Appendix XXIX to this Decree. Automatic and continuous monitoring or periodical monitoring of industrial dust and emissions discharged by projects or establishments engaged in production, business or service activities that are likely to cause environmental pollution are prescribed as follows:

a/ The subjects specified in Column 2 that have dust and emission discharge facilities and equipment specified in Column 3 of a flow or capacity specified in Column 5 shall conduct automatic and continuous dust and emission monitoring of such facilities and equipment under Clause 5 of this Article and periodical dust and emission monitoring under Clause 4 of this Article.

b/ The subjects specified in Column 2 that have dust and emission discharge facilities and equipment specified in Column 3 of a flow or capacity specified in Column 6 shall conduct automatic and continuous dust and emission monitoring of such facilities and equipment under Clause 5 of this Article or periodical dust and emission monitoring under Clause 4 of this Article.

3. The subjects specified at Point c, Clause 1 of this Article shall conduct periodical dust and emission monitoring under Clause 4 of this Article.

4. Periodical industrial dust and emission monitoring:

a/ Parameters and frequency of, periodical industrial dust and emission monitoring are clearly stated in environmental licenses. Industrial dust and emission monitoring parameters shall be determined based on the following grounds: environmental technical regulations; type of production, business or service activities; used fuels, raw materials and chemicals; production technology, waste treatment technology; parameters exceeding limits set in environmental technical regulations that are detected through examination, inspection and handling of environment-related violations; and requests of owners of investment projects or establishments.

Agencies competent to grant environmental licenses may not require monitoring of other parameters without referring to the grounds mentioned at this Point;

b/ For production, business and service projects and establishments that operate on an around-the-clock schedule and are subject to environmental impact assessment, the frequency of periodical industrial dust and emission monitoring is every 6 months for the parameters of heavy metals and organic compounds (if any), and every year for the  dioxin/furan parameter (if any) and every 3 months for other parameters.

For production, business and service projects and establishments that operate on an around-the-clock schedule and are not subject to environmental impact assessment, the frequency of periodical industrial dust and emission monitoring is once every year for heavy metal and organic compound parameters (if any), and for dioxin/furan parameters (if any) and once every 6 months for other parameters.

For production, business and service projects and establishments that operate on a seasonal basis and are subject to environmental impact assessment, periodical industrial dust and emission monitoring of heavy metal and organic compound parameters (if any) shall be conducted once, for seasonal operation of 6 months or less; twice, for seasonal operation of over 6 months; and once every year for monitoring of dioxin/furan parameters (if any). For other parameters, periodical monitoring shall be conducted once, for seasonal operation of 3 months or less, twice, for seasonal operation of between over 3 months and 6 months; thrice, for seasonal operation of between over 6 months and under 9 months; and four times, for seasonal operation of over 9 months, with the interval between 2 times of monitoring being at least 3 months.

For production, business and service projects and establishments that operate on a seasonal basis and are not subject to environmental impact assessment, periodical industrial dust and emission monitoring of heavy metal and organic compound parameters (if any) shall be conducted once, for seasonal operation of 6 months or less; and twice, for seasonal operation of over 6 months. The frequency of monitoring of dioxin/furan parameters (if any) shall be once every year. For other parameters, periodical monitoring shall be conducted once, for seasonal operation of 6 months or less, and twice, for seasonal operation of over 6 months, with the interval between 2 times of monitoring being at least 6 months.

5. Automatic and continuous industrial dust and emission monitoring:

a/ For projects and establishments discharging industrial dust and emissions into the environment with the flow or capacity of their industrial dust and emission treatment facilities and equipment specified in Column 5, Appendix XXIX to this Decree, the deadline for completion of installation of automatic and continuous industrial dust and emission monitoring systems (with surveillance cameras) and direct connection and transmission of data to provincial-level specialized agencies in charge of environmental protection is December 31, 2024.

From January 1, 2025, investment projects discharging industrial dust and emissions into the environment with the flow or capacity of their industrial dust and emission treatment facilities and equipment specified in Column 5, Appendix XXIX to this Decree must install automatic and continuous industrial dust and emission monitoring systems before putting their wastewater treatment facilities into trial operation.

Projects and establishments that discharge industrial dust and emissions into the environment with the flow or capacity of industrial dust and emission treatment facilities and equipment specified in Column 5, Appendix XXIX to this Decree and have installed automatic and continuous industrial dust and emission monitoring systems shall be exempt from periodical industrial dust and emission monitoring under Clause 4 of this Article through December 31, 2024; after that, they shall only be exempt from eriodical industrial dust and emission monitoring under Clause 4 of this Article for parameters for which automatic and continuous monitoring are carried out.

Projects or establishments that discharge industrial dust and emissions into the environment with the flow or capacity of industrial dust and emission treatment facilities and equipment specified in Column 6, Appendix XXIX to this Decree and have installed automatic and continuous industrial dust and emission monitoring systems shall be exempt from periodical industrial dust and emission monitoring under Clause 4 of this Article.

For projects and establishments that install automatic and continuous industrial dust and emission monitoring systems on a voluntary basis thought not required by law will be entitled to incentive or support policies in accordance with this Decree and other relevant laws.

Continuous and automatic industrial dust and emission monitoring devices must be tested, inspected and calibrated in accordance with the law on standards, metrology and quality. The connection and transmission of automatic and continuous industrial dust and emission monitoring data must comply with regulations on environmental monitoring techniques. Within 3 days after receiving written requests for data connection and transmission of owners of projects or establishments, provincial-level specialized agencies in charge of environmental protection or authorized agencies shall provide the latter with FPT accounts for monitoring data connection and transmission. After the connection and transmission of automatic and continuous industrial dust and emission data are completed, provincial-level specialized agencies in charge of environmental protection or authorized agencies shall notify such in writing to owners of projects or establishments;

b/ Automatic and continuous industrial dust and emission monitoring parameters are specified in Column 4, Appendix XXIX to this Decree, except the case in which an organization or individual commits a violation relating to industrial dust and emission discharge to an extent that it/he/she is subject to the additional sanction of suspension from operation for a definite term or deprivation of the right to use the environmental license or component environmental license for a definite term for which  state agencies competent to decide on automatic and continuous monitoring shall add a number of specific parameters to control environmental pollution;

c/ Projects and establishments that have conducted automatic and continuous industrial dust and emission monitoring of major parameters up to environmental technical regulations for 3 consecutive years and committed no violations of discharging industrial dust and emissions in excess of limits set in technical regulations  according to the latest examination and inspection results of competent state agencies (having their industrial dust and emission samples meeting environmental technical regulations) shall be exempt from periodical monitoring.

Project or establishment owners shall send reports, made according to the form promulgated by the Ministry of Natural Resources and Environment, to agencies that have granted their environmental licenses; and concurrently to provincial-level specialized agencies in charge of environmental protection for the latter to monitor and supervise the implementation in case their environmental licenses are granted by central agencies (except cases classified as national defense and security secrets);

d/ The value of an automatic and continuous industrial dust and emission monitoring parameter shall be determined as the average value per day (24 hours) of measurement results (based on technical specifications of each type of equipment) for that parameter. For cases of batch discharge of industrial dust and emissions (depending on the time of discharge), the value of an automatic and continuous industrial dust and emission monitoring parameter shall be determined as the  average value per hour; in case the time of discharge is less than 1 hour, it shall be determined as the average value of measurement results during that period. Automatic and continuous industrial dust and emission monitoring parameter values shall be compared against the maximum permissible values of pollution parameters prescribed in environmental technical regulations on emissions;

dd/ The Government shall decide on the time for installation of automatic and continuous industrial dust and emission monitoring systems for projects and establishments with the flow of industrial dust and emissions discharged into the environment specified in Column 6, Appendix XXIX to this Decree to meet environmental protection requirements in each period.

6. Periodical industrial dust and emission monitoring results and automatic and continuous industrial dust and emission monitoring results shall be used to monitor and evaluate the effectiveness and conformity of industrial dust and emission treatment facilities and to declare and pay environmental protection charges (if any) and sanction administrative violations in the field of environmental protection (if any).

7. In case a provincial-level specialized agency in charge of environmental protection, through periodical self-monitoring and automatic and continuous monitoring activities, detects monitoring parameters exceeding limits set in environmental technical regulations, it shall apply one of the following measures:

a/ To send a notice, made according to the form promulgated by the Ministry of Natural Resources and Environment, to the concerned project or establishment owner to inform the latter of periodical or automatic and continuous industrial dust and emission monitoring results’s  excess of limits set in environmental technical regulations and request remediation as prescribed. After the notice is issued, if the monitoring results continue to exceed limits set in environmental technical regulations, the provincial-level specialized agency in charge of environmental protection shall work with the project or establishment owner and make a dossier for handling of violations in accordance with law;

b/ To measure and collect field samples for analysis of dust and emission pollution parameters. Emissions sample analysis results shall serve as grounds for consideration and handling of violations (if any) in accordance with law. Expenses for measurement, and taking and analyzing samples shall be covered by funds for environmental non-business activities of the provincial-level specialized agency in charge of environmental protection.

8. In case a project or establishment owner makes inaccurate reports on pollution data or commits the violation of discharging industrial dust and emissions in excess of limits set in environmental technical regulations (including cases exempt from periodical industrial dust and emission monitoring), it/he/she shall be handled in accordance with law and must implement one of the following measures:

a/ To review industrial dust and emission treatment facilities to identify causes of environmental pollution;

b/ To renovate or upgrade industrial dust and emission treatment facilities (if any);

c/ To re-operate industrial dust and emission treatment facilities if they are renovated or upgraded; to conduct industrial dust and emission monitoring  under the guidance of the Ministry of Natural Resources and Environment, ensuring that industrial dust and emissions are treated up to environmental technical regulations on emissions before being discharged into the environment.

9. Organizations conducting monitoring activities shall bear responsibility before law for the accuracy of industrial dust and emission monitoring results provided to project and establishment owners in accordance with law.

Chapter VIII. ENVIRONMENTAL INFORMATION SYSTEMS AND DATABASES

Section 1. ENVIRONMENTAL INFORMATION

Article 99. Management of environmental information

1. Contents of environmental information are prescribed in Clause 1, Article 114 of the Law on Environmental Protection. A number of contents are prescribed in detail as follows:

a/ Information on sources of wastes includes: information on investment project or establishment owners, owners of projects on construction and commercial operation of infrastructure facilities of concentrated production, business or service zones or industrial clusters; information on the sources of generation and receiving environment of wastewater, emissions, noise, vibration, solid wastes and hazardous wastes; information on scraps permitted for import for use as production materials, for establishments that use imported scraps as production materials; information on hazardous wastes received and treated, for hazardous waste treatment service establishments; technical infrastructure facilities for environmental protection; environmental management and supervision programs; plans on environmental remediation and rehabilitation, biodiversity offsetting, environmental incident prevention and response and other environmental protection measures; information on sources of emission from transport, agricultural production and livelihood activities;

b/ Information on wastes includes: volume of domestic solid wastes, normal industrial solid wastes, hazardous wastes, domestic wastewater, production wastewater, dust, emissions and wastes of other types as prescribed by law, that are generated, collected, treated, recycled and reused; waste treatment technologies and facilities, waste monitoring results;

c/ Information on the current state of environment quality includes: information and data on the current state, developments and forecast of the quality of air, soil, continent surface water, sediment, groundwater and seawater; water use purpose zoning, wastewater discharge limits; polluted points and areas, information on environmental incidents, contaminated sites; plans on and measures for environmental remediation, treatment and rehabilitation, surface water quality protection and improvement solutions;

d/ Information on nature and biodiversity conservation includes: information on natural heritages, protected areas and biodiversity conservation facilities, important wetlands; information on natural ecosystems, species of living organisms and genetic resources; information on pressure on biodiversity; biodiversity management and conservation measures; and types of licenses for biodiversity management and conservation.

2. Environmental information management activities include:

a/ Organizing the receipt of environmental information and information on information-providing and -creating agencies, organizations and individuals; and information provision and creation time in accordance with law;

b/ Integrating and storing environmental information in environmental databases via application platforms and digital data services in the environmental field and other dossier and document management systems according to regulations;

c/ Providing environmental information, descriptive information on environmental information to environmental management agencies under Article 100 of this Decree;

d/ Providing environmental information to organizations and individuals at their request and publicizing environmental information under Article 101 and 102 of this Decree;

dd/ Processing and summing up environmental information to meet state management requirements on environmental protection.

Article 100. Provision of environmental information to agencies managing environmental information

1. Environmental information and accompanying information shall be provided to environmental management agencies in any of the following forms:

a/ Via environmental information systems and databases at all levels under Article 106 of this Decree;

b/ Via reports in accordance with law;

c/ Other forms prescribed by law.

2. For each type of environmental information, the time of information provision must comply with the law on reporting on and updating information to environmental information systems and databases and the request of state management agencies in charge of environmental protection.

3. Environmental information-providing agencies, organizations and individuals shall bear responsibility for the sufficiency, accuracy and promptness of information.

Article 101. Provision of environmental information at the request of organizations and individuals

1. The provision of environmental information at the request of organizations and individuals must comply with the law on access to information, the law on intellectual property and this Decree.

2. Environmental information shall be provided at the request of organizations and individuals as follows:

a/ Via online public services, digital data services;

b/ Under the agreement between organizations and individuals and agencies managing environmental information;

c/ Via other forms as prescribed by the law on access to information.

3. Order and procedures for provision of environmental information at the request of organizations and individuals:

a/ The order, procedures, dossiers and form of the request for provision of environmental information specified at Points a and c, Clause 2 of this Article must comply with the law on access to information. In case the provision of environmental information requires payment of charges, organizations and individuals requesting for provision of such information shall pay charges in accordance with law;

b/ In case of requesting the provision of environmental information as specified at Point b, Clause 2 of this Article, the order, procedures and time limit for provision of information shall be determined under the agreement between agencies managing environmental information and organizations and individuals requesting provision of information.

Article 102. Publicization of environmental information

1. An investment project or establishment owner or owner of a project on construction and commercial operation of infrastructure facilities of a concentrated production, business or service zone or an industrial cluster shall publicize the environmental impact assessment report of which the appraisal result has been approved and environmental license as prescribed by the Law on Environmental Protection, specifically as follows:

a/ To publicize information on its website or the head office of the commune-level People’s Committee of the locality where the investment project, establishment, zone or industrial cluster is located;

b/ To publicize information within 10 days after the decision approving the result of appraisal of the environmental impact assessment report is issued or the environmental license is granted.

2. An investment project or establishment owner or owner of a project on construction and commercial operation of infrastructure facilities of a concentrated production, business and service zone or an industrial cluster subject to automatic and continuous monitoring of wastewater, industrial dust and emissions or periodical monitoring of wastewater, industrial dust and emissions shall publicize monitoring results as prescribed by the Law on Environmental Protection, specifically as follows:

a/ To publicize automatic and continuous waste monitoring results (including the comparison with limit values of the pollutants stated in the environmental license) on its website or an electronic bulletin board installed at the gate of the project or establishment. The electronic bulletin board must be installed at a convenient position so as to facilitate public monitoring and supervision. The publicization must be conducted as soon as monitoring results are available and such information must be maintained on the website or electronic bulletin board for 30 consecutive days;

b/ To publicize the waste monitoring result sheet of the latest monitoring period on its website or an electronic bulletin board installed at the gate of the project or establishment within 10 days after waste monitoring results are available and maintain such information on the website or electronic bulletin board until new periodical waste monitoring results are publicized according to regulations.

3. The owner of a hazardous waste treatment service establishment shall publicize information on types and quantities of hazardous wastes the establishment collects and treats and treatment methods; information on names and addresses of generators of hazardous wastes the establishment collects and treats and other environmental information as prescribed by the Law on Environmental Protection, specifically as follows:

a/ To publicize information on its website or at the head office of the commune-level People’s Committee of the locality where the establishment is operating;

b/ To conduct the publicization of information within 5 days after the issuance of the environmental protection report of a reporting year on an annual basis throughout the operation period of the establishment.

4. Agencies appraising environmental impact assessment reports and agencies granting environmental licenses shall publicize decisions approving appraisal results of environmental impact assessment reports and environmental licenses in accordance with the Law on Environmental Protection, specifically as follows:

a/ To publicize information on their websites, excluding information classified as state secrets or business secrets of enterprises as prescribed by law;

b/ To publicize information within 5 days after decisions on approval of appraisal results of environmental impact assessment reports are issued or environmental licenses are granted.

5. Agencies granting environmental licenses shall publicize proposal reports for grant of environmental licenses in accordance with the Law on Environmental Protection, specifically as follows:

a/ To publicize information on appraising agencies’ websites;

b/ To publicize information within 5 days after receiving valid dossiers and maintain information on the websites until environmental licenses are granted.

6. The Ministry of Natural Resources and Environment and provincial-level People’s Committees shall publicize results of monitoring of quality of soil, air, surface water, groundwater, seawater, sediments and aquatic environment of the surface water as prescribed by the Law on Environmental Protection, specifically as follows:

a/ To publicize information on the website(s) or electronic bulletin boards of its/their attached specialized agency(ies) in charge of environmental protection;

b/ To publicize automatic and continuous monitoring results right after monitoring results are available and maintain such information on the website(s) for 30 days;

c/ To publicize periodical monitoring results within 5 days after monitoring result reports are made and maintain information on the website(s) until new periodical monitoring results are publicized according to regulations.

7. Provincial-level People’s Committees shall publicize information on sources of wastes discharged into the surface water environment and sources likely to cause environmental incidents in their localities in accordance with the Law on Environmental Protection, specifically as follows:

a/ To publicize information on the websites of provincial-level specialized agencies in charge of environmental protection;

b/ To publicize information on an annual basis within 5 days after obtaining competent agencies’ documents approving lists of pollution sources and sources likely to cause environmental pollution or incidents and maintain such information on the websites until updating and replacing documents are issued.

8. State management agencies in charge of environmental protection at all levels shall publicize plans on environmental incident response and information on environmental incidents as prescribed by the Law on Environmental Protection, specifically as follows:

a/ To publicize on the websites of their attached specialized agencies in charge of environmental protection;

b/ To publicize information within 5 days after these plans or reports are issued and maintain information on the websites until updating or replacing documents are promulgated or incidents are remediated, for information on environmental incidents.

9. Organizations and individuals providing, and receiving payment for, natural ecosystem services shall publicize plans on payment for natural ecosystem services, enclosed with maps showing the boundaries, landmarks, and areas of the zones earmarked for provision of natural ecosystem services; lists of organizations and individuals using and making payment for, natural ecosystem services; lists of beneficiaries, to-be-paid amounts and payment plans as prescribed in the Law on Environmental Protection, specifically as follows:

a/ To publicize information on the websites of organizations or individuals providing, and receiving payment for, natural ecosystem services or of provincial-level state management agencies in charge of environmental protection, or at the head offices of commune-level People’s Committees;

b/ To publicize information on a quarterly basis or an annual basis within 5 days after these above-mentioned plans or lists are approved.

10. The publicization of environmental information subject to mandatory publicization in accordance with other relevant laws must comply with such laws.

Section 2. ENVIRONMENTAL INFORMATION SYSTEMS AND DATABASES

Article 103. Policies on investment in development and use of environmental information systems and databases

The State shall adopt policies on priorities in investment in projects to build and operate environmental information systems, specifically as follows:

1. To develop digital data platforms and digital technologies in the field of environment to serve state management and policy making, support the making of decisions, inspection and supervision of environmental protection activities, and environmental analysis, forecast and early warning about environmental issues.

2. To ensure interconnection and interoperability among environmental data and information of ministries, ministerial-level agencies and localities and connection with the National Data Portal to serve the operation of e-Government, development of digital government, digital economy, digital society and smart cities.

3. To innovate, create and apply state-of-the-art technologies and smart devices to receive, manage, analyze, process, share, exploit, use, and ensure security for, environmental information and data.

4. To transform operation modes of state agencies, and between state agencies and people and businesses in the digital environment and digital technology.

5. To encourage organizations, individuals and communities to receive, contribute, share, exploit and provide services and added value and build a digital content market of environmental data and information.

Article 104. Assurance of operation of environmental information systems and databases at all levels

1. The Ministry of Natural Resources and Environment, other ministries, ministerial-level agencies, and provincial-level People’s Committees shall allocate funds for investment in, construction, management and operation of environmental information systems and databases under regulations; ensure conditions in terms of personnel, information technology infrastructure, and information security for environmental information systems and databases at all levels to operate stably and effectively, ensuring cyberinformation security and compliance with law.

2. Operational and managerial personnel of environmental information systems and databases may be internal personnel or hired from information technology service providers or otherwise arranged in accordance with  law.

3. To priotize and encourage investment in the form of cooperation with the private sector, hiring of information technology services and making of the best use of resources of all economic sectors.

4. The Ministry of Natural Resources and Environment shall formulate technical regulations and guide the development, management and operation of environmental information systems and databases at all levels; inspect and supervise the process of data connection and sharing for environmental databases in accordance with law.

Article 105. Requirements for environmental databases at all levels

1. The national environmental database shall manage environmental information specified in Clause 1, Article 114 of the Law on Environmental Protection at the national scale; link and integrate specialized environmental databases and environmental databases of ministries, ministerial-level agencies and provinces across the country; and be developed, operated and managed by the Ministry of Natural Resources and Environment via its specialized agency in charge of environmental protection, to meet the law-prescribed requirements of the national database.

2. Provincial-level environmental databases shall manage environmental information specified in Clause 1, Article 114 of the Law on Environmental Protection in their localities and as decentralized; be developed, operated and managed by provincial-level specialized agencies in charge of environmental protection; ensure interoperability and provision and updating of environmental information to the national environmental database.

3. Environmental databases of ministries and ministerial-level agencies shall manage environmental information specified at Points d and dd, Clause 1, Article 114 of the Law on Environmental Protection within the scope of their sectors and fields; be developed, operated and managed by ministries and ministerial-level agencies; ensure interoperability and provision and updating of environmental information to the national environmental database.

4. A specialized environmental database is a database on a specialized environmental field; developed, operated and managed according to practical management requirements of state management agencies in charge of environmental protection; and provides information and data to the national environmental database.

5. Environmental databases at all levels must comply with relevant laws; be in line with the current Vietnam e-Government Architecture Framework and ministerial-level e-Government architecture or provincial-level e-administration architecture; meet the law-prescribed standards and technical regulations; and uniformly use the list of shared-use data and master data provided in the national environmental database.

6. The interconnection, sharing and interoperability among environmental databases of all levels must comply with the Government’s regulations on management, interconnection and sharing of digital data in state agencies and regulations of the Ministry of Information and Communications and the Ministry of Natural Resources and Environment.

Article 106. Provision and updating of information and data to environmental databases

1. Owners of investment projects and establishments shall provide and update environmental information specified at Points a, b and c, Clause 1, Article 114 of the Law on Environmental Protection and other relevant laws to national and provincial-level environmental databases according to regulations on management decentralization and guidance of agencies managing environmental information.

2. Ministries and ministerial-level agencies shall provide and update environmental information subject to their management specified at Points d and dd, Clause 1, Article 114 of the Law on Environmental Protection and other relevant laws to the national environmental database.

3. Provincial-level People’s Committees shall provide and update local environmental information in the localities and under the management decentralization to the national environmental database.

4. Forms of provision and updating of information and data to environmental databases at all levels are prescribed as follows:

a/ Through interconnection, sharing and interoperability of data among environmental databases at all levels;

b/ Through declaration and direct updating of data through application software;  and automatic and smart devices and systems;

c/ Through provision of information and data in the electronic form in case state management agencies in charge of environmental protection are not yet ready for  the provision and updating of information and data in the forms specified at Points a and b of this Clause.

Article 107. Development, operation and management of environmental databases

The operation and management of environmental databases include the following tasks:

1. To develop environmental databases under the guidance of the Ministry of Natural Resources and Environment.

2. To receive, create, input, integrate, and link data to databases.

3. To check and evaluate the management of data quality in environmental databases.

4. To analyze and synthesize data to serve state management and disclosure and publicization of environmental information and data.

5. To issue lists of open environmental data and formulate and implement plans on publicization of open environmental data under one’s management according to regulations.

6. To operate and ensure information technology infrastructure, ensure information security and cyber security for the operation of environmental databases.

7. To adopt and take solutions for data backup and recovery to ensure data integrity and security, ensuring availability of data recovery mechanisms in case data is corrupted or damaged due to illegal acts.

Chapter IX. PREVENTION OF AND RESPONSE TO ENVIRONMENTAL INCIDENTS AND COMPENSATION FOR ENVIRONMENTAL DAMAGE

Section 1. PREVENTION OF AND RESPONSE TO ENVIRONMENTAL INCIDENTS

Article 108. Environmental incident response plans

1. An environmental incident response plan is a document identifying the dangers of environmental incidents and environmental incident scenarios accompanied with corresponding response plans to ensure readiness and prompt response when environmental incidents occur in reality.

2. A grassroots-level environmental incident response plan must have the following contents:

a/ Identifying and assessing dangers of environmental incidents during the operation of the establishment and scenarios for each type of danger of environmental incidents;

b/ Specifying facilities, equipment and supplies, tools and means necessary for responding to environmental incidents; arranging on-spot forces to be ready for responding to each environmental incident scenario;

c/ Formulating environmental incident response training and drill plans for the on-spot incident response force;

d/ Specifying modes of giving notification and alarm upon occurrence of environmental incidents and mobilization of human resources and equipment to respond to environmental incidents;

dd/ Specifying measures to organize response to environmental incidents for the contents specified in Clause 3, Article 125 of the Law on Environmental Protection.

3. A district-, provincial- or national-level environmental incident response plan must have the following contents:

a/ Identifying and assessing dangers of environmental incidents in the locality; scenarios for each type of danger of environmental incidents; response plans for environmental incident scenarios;

b/ Working out a plan on arrangement of equipment, supplies and means for environmental incident response activities based on environmental incident severity levels;

c/ Assigning full-time and part-time forces to respond to environmental incidents; determining the contents of, and organizing environmental incident response training and drills under annual civil defense plans and programs of the same level;

d/ Formulating the process of receiving and processing information on environmental incidents, modes of giving notification and alarm about environmental incidents and mechanism for mobilizing human resources and equipment for response to environmental incidents based on their severity levels;

dd/ Providing measures to organize the response to environmental incidents for the contents specified in Clause 3, Article 125 of the Law on Environmental Protection.

Article 109. Issuance and approval of environmental incident prevention and response plans

1. Owners of investment projects and establishments shall issue, and organize the implementation of, environmental incident prevention and response plans suitable to the contents of environmental incident prevention and response stated in decisions approving appraisal results of their environmental impact assessment reports or their environmental licenses.

In case an environmental incident response plan is integrated in and approved together with, other incident response plans under Point b, Clause 6, Article 124 of the Law on Environmental Protection, the contents specified in Clause 2, Article 108 of this Decree must be fully included. 

2. The National Committee for Incident and Disaster Response and Search and Rescue shall issue plans on response to national-level environmental incidents; provincial- and district-level commanding committees for disaster prevention and control and search and rescue shall issue plans on response to provincial- and district-level environmental incidents, respectively.

Plans on response to national-, provincial- and district-level environmental incidents shall be formulated and issued every 5 years.

In case a plan on response to national-, provincial- or district-level environmental incidents is integrated into a civil defense plan of the same level, the civil defense plan must fully contain the have specified in Clause 3, Article 108 of this Decree.

Article 110. Publicization of environmental incident response plans

1. The National Committee for Incident and Disaster Response and Search and Rescue shall publicize plans on response to national-level environmental incidents on its portal and send them to ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees.

2. Provincial-and district-level People’s Committees shall publicize plans on response to provincial- and district-level environmental incidents on the portals of their provinces or districts and send them to agencies based in their localities and to immediate superiors.

3. Owners of investment projects and establishments shall publicize their plans on response to environmental incidents and send them to commune-level People’s Committees and district-level commanding committees for disaster prevention and control and search and rescue.

Owners of investment projects or establishments shall inform contents of their plans to management boards of industrial parks, export processing zones, economic zones, and hi-tech parks, in case their projects or establishments are located in industrial parks, export processing zones, economic zones or hi-tech parks.

Article 111. Responsibility of ministries and ministerial-level agencies to prevent and respond to environmental incidents

1. The Ministry of National Defense shall:

a/ Assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, and provincial-level People’s Committees in, guiding and building forces and allocating resources and equipment for environmental incident response to the National Committee for Incident and Disaster Response and Search and Rescue and provincial- and district-level commanding committees for disaster prevention and control and search and rescue;

b/ Advise the National Committee for Incident and Disaster Response and Search and Rescue on organization of activities of response to national-level environmental incidents caused by oil spills; and participate in response to national-level environmental incidents under the assignment of the National Committee for Incident and Disaster Response and Search and Rescue;

c/ Direct military zones and local military agencies at all levels to give advices on environmental incident response to People’s Committees of the same level.

2. The Ministry of Natural Resources and Environment shall:

a/ Provide technical guidance on prevention and response to waste incidents; and technical guidance on environmental rehabilitation after environmental incidents;

b/ Advise the National Committee for Incident and Disaster Response and Search and Rescue on the organization of activities of response to national-level environmental incidents caused by wastes; and participate in response to national-level environmental incidents under the assignment of the National Committee for Incident and Disaster Response and Search and Rescue.

3. The Ministry of Industry and Trade shall:

a/ Provide technical guidance on prevention and response to environmental incidents caused by leakage or dispersion of industrial toxic chemicals;

b/ Advise the National Committee for Incident and Disaster Response and Search and Rescue on the organization of activities of response to national-level environmental incidents due to leakage or dispersion of industrial toxic chemicals; and participate in response to national-level environmental incidents under the assignment of the National Committee for Incident and Disaster Response and Search and Rescue.

4. The Ministry of Science and Technology shall:

a/ Provide technical guidance on prevention and response to environmental incidents caused by leakage of radiation and nuclear;

b/ Advise the National Committee for Incident and Disaster Response and Search and Rescue on organization of activities of response to national-level environmental incidents due to leakage of radiation and nuclear; and participate in response to national-level environmental incidents under the assignment of the National Committee for Incident and Disaster Response and Search and Rescue.

5. The Ministry of Agriculture and Rural Development shall:

a/ Provide technical guidance on prevention and response to environmental incidents caused by natural disasters, break of dikes, reservoirs or dams, forest fires and domestic animal diseases;

b/ Advise the National Committee for Incident and Disaster Response and Search and Rescue on organization of activities of response to national-level environmental incidents caused by natural disasters, break of dikes, reservoirs or dams, forest fires and domestic animal diseases; and participate in response to national level environmental incidents under the assignment of the National Committee for Incident and Disaster Response and Search and Rescue.

6. The Ministry of Public Security shall:

a/ Provide technical guidance on prevention and response to environmental incidents caused by fires;

b/ Advise the National Committee for Incident and Disaster Response and Search and Rescue on organization of activities of response to national-level environmental incidents caused by fires;

c/ Direct the fire prevention and fighting, salvage and rescue police forces; environmental crime prevention and combat police forces and public security agencies at all levels to participate in response to environmental incidents at the request of competent agencies and authorities;

d/ Direct and ensure political security and social order and safety in areas where environmental incidents occur; investigate and clarify the causes of environmental incidents in accordance with law.

7. The Ministry of Health shall:

a/ Provide guidance on prevention and response to environmental incidents caused by dangerous infectious diseases;

b/ Advise the National Committee for Incident and Disaster Response and Search and Rescue on organization of activities of response to national-level environmental incidents caused by dangerous infectious diseases; and participate in response to national-level environmental incidents under the assignment of the National Committee for Incident and Disaster Response and Search and Rescue.

c/ Assess the scope and degree of impacts of national-level environmental incidents on human health.

8. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, relevant ministries, ministerial-level agencies and provincial-level People’s Committees in, implementing plans on the use of traffic infrastructure and transport equipment, vehicles and supplies within the scope of responsibility for participating in response to environmental incidents under the direction of the National Committee for Incident and Disaster Response and Search and Rescue.

9. The Ministry of Finance shall guide budget spending on environmental incident response activities.

10. Ministries and ministerial-level agencies shall, within the ambit of their assigned functions, tasks and powers, advise the National Committee for Incident and Disaster Response and Search and Rescue on organization of environmental incident response activities; and participate in response to national level environmental incidents under the assignment of the National Committee for Incident and Disaster Response and Search and Rescue.

Section 2. RESPONSIBILITY TO CLAIM COMPENSATION FOR ENVIRONMENTAL DAMAGE

Article 112. Notification of environmental damage

1. When detecting that the environment shows signs of pollution or degradation, the notification of claims for compensation for environmental damage to in-charge agencies as specified in Clause 1, Article 131 of the Law on Environmental Protection shall be made in writing, including:

a/ Information of the organization or individual detecting signs of environmental pollution or degradation;

b/ Signs of and areas suffering environmental pollution or degradation;

c/ Suspected sources of pollution or degradation;

d/ Initial damage (if any);

dd/ Other relevant evidences (if any);

e/ Other relevant accompanying documents (if any).

2. Clause 1 of this Article shall not apply to cases of environmental pollution or degradation due to one of the following causes:

a/ Natural disasters;

b/ Force majeure events and emergency situation in which the requirements of the competent state management agency must be complied;

c/ Other cases prescribed by law.

Article 113. Responsibilities of agencies competent to claim compensation for environmental damage

1. To receive notices that the environment shows signs of being polluted or degraded. In case such notices fall beyond their settlement competence, they shall immediately forward them and enclosed documents to agencies competent to claim compensation for environmental damage for settlement.

2. To examine and verify information, and make minutes of signs of environmental pollution or degradation. Such minutes must be certified by the official in charge of verification, a representative of the residential area suffering environmental pollution or degradation, and a representative of the commune-level People’s Committee in case the settling agency is the district- or higher-level People’s Committee.

3. To identify organizations and individuals causing environmental pollution or degradation.

4. To organize the collection and appraisal of data and evidences for determination of environmental damage, and claim compensation for environmental damage under Clause 2, Article 131 of the Law on Environmental Protection, specifically as follows:

a/ To organize the implementation, or hire a unit with appropriate functions and capacity to collect data and evidences; to identify responsibility for damage compensation; to calculate damage caused by environmental pollution or degradation;

b/ To establish a council for appraisal of collected data and evidences to determine environmental damage under Article 114 of this Decree;

c/ To claim compensation for damage based on the council’s consultation results.

5. To determine damage and claim compensation for damage caused to people’s lives and health, and property and lawful interests of organizations and individuals due to a decrease in functions and usefulness of the environment in case they are authorized by such organizations and individuals in accordance with the civil law.

Article 114. Council for appraisal of data and evidences

1. A council for appraisal of data and evidences shall study, examine, appraise and evaluate collected data and evidences in order to determine and calculate environmental damage in an accurate, complete and objective manner; and take responsibility before the agency competent to claim compensation for environmental damage for the appraisal results.

2. A council’s composition:

a/ The council must have at least 7 members, including its chairperson and deputy chairperson in case of necessity, a secretary who is a public employee or civil servant of the agency organizing the collection and appraisal of data and evidences; representatives of relevant agencies and organizations; a representative of the state management agency in charge of environmental protection; and experts in the field of environment and related fields;

b/ An expert being a council member must have at least 7 years’ working experience if possessing a university degree, at least 5 years’ working experience if possessing a master’s degree, or at least 3 years’ working experience if possessing a doctor’s degree;

c/ A council established by the Ministry of Natural Resources and Environment must have a representative of the provincial-level specialized agency in charge of environmental protection of the locality suffering environmental pollution or degradation;

d/ A council established by a provincial-level People’s Committee must have a representative of the district-level specialized agency in charge of environmental protection of the locality suffering environmental pollution or degradation; and a representative of the management board of the economic zone, industrial park, export processing zone or hi-tech park suffering environmental pollution or degradation in case of necessity;

dd/ A council established by a district-level People’s Committee must have a representative of the commune-level People’s Committee of the locality suffering environmental pollution or degradation; and a representative of the management board of the economic zone, industrial park, export processing zone or hi-tech park suffering environmental pollution or degradation in case of necessity.

3. Councils shall work on the principle of public discussion among their members and between them and related organizations and individuals.

4. An official meeting of a council may be held only when the following conditions are fully satisfied:

a/ In-person or online attendance of at least two-thirds of total members of the council, including its chairperson (or the deputy chairperson as authorized by the chairman) and a secretary;

b/ Participation of organizations and individuals causing environmental pollution or degradation. This condition is not applied if the organization or individual causing environmental pollution or degradation still fails to participate in the meeting though having been summoned in writing three times by a competent agency;

c/ Participation of a unit in charge of data and evidence collection; identification of the responsibility for compensation for environmental damage; and calculation of damage caused by environmental pollution or degradation under Point a, Clause 4, Article 113 of this Decree (if any).

5. A council’s members who are absent from an official meeting of the council may send their written opinions prior to the opening of such meeting and theirs will be regarded as opinions of meeting participants though they do not have the voting right.

6. The consulted council members, agencies, organizations and experts shall take responsibility before the agency competent to claim compensation for environmental damage for their opinions and evaluations regarding their assigned tasks in the course of appraisal of data and evidences; and enjoy remuneration in accordance with law.

Section 3. DETERMINATION OF ENVIRONMENTAL DAMAGE

Article 115. Objects subject to determination of damage caused by environmental pollution or degradation

1. Objects subject to determination of damage caused by environmental pollution or degradation:

a/ Environmental components: surface water environment and soil environment;

b/ Ecosystems, including forests (terrestrial forests and mangrove forests); coral ecosystem; and seagrass ecosystem;

c/ Fauna and flora species distributed in Vietnam that are dead and on the list of endangered, precious and rare species of fauna and flora prioritized for protection; the list of endangered, precious and rare species of forest fauna and flora; and the list of endangered species of wild fauna and flora in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

2. The determination of damage caused to people’s lives and health, and property and lawful interests of organizations and individuals due to a decrease in functions and usefulness of the environment must comply with the civil law.

Article 116. Data and evidences for determination of damage caused by environmental pollution and degradation

1. Data and evidences that need to be collected to identify organizations and individuals that cause environmental pollution or degradation include:

a/ Factors that cause environmental incidents or directly harm the environment and areas suffering environmental pollution or degradation;

b/ Basic information on organizations and individuals related to the areas suffering environmental pollution or degradation, including type of activities, products, capacity, and input materials; production process; waste flow; location and method of waste discharge; waste treatment measures; and environmental monitoring and analysis of environmental parameters;

c/ Other related data and evidences.

2. Data and evidences that need to be collected or estimated to identify the scope and area of an area suffering water environment pollution or degradation include:

a/ Information and data on the actual state of the environment in the area before it suffers environmental pollution or degradation;

b/ A decision, license or document issued by the competent state management agency providing the use or approving a master plan on use of components of the water environment in the area suffering environmental pollution or degradation;

c/ Results of the monitoring, investigation, inspection and examination by the competent functional agency related to the water environment in the area suffering environmental pollution or degradation;

d/ The polluted water surface area and volume;

dd/ Pollutants and their contents in water;

e/ Other related data and evidences.

3. Data and evidences that need to be collected or estimated to identify the scope and area of an area suffering soil environment pollution or degradation include:

a/ Information and data on the actual state of the environment in the area before it suffers environmental pollution or degradation;

b/ A decision, license or document issued by the competent state management agency on the use or approving a master plan on use of components of the soil environment in the area suffering environmental pollution or degradation;

c/ Results of the monitoring, survey, inspection and examination by the competent functional agency related to the soil environment in the area suffering environmental pollution or degradation;

d/ Information, documents, maps and figures on natural and socio-economic conditions, the management and use of land and natural resources that are related to the soil quality and potential in the area in which environmental pollution needs to be identified;

dd/ Polluted soil area, volume and amount;

e/ Pollutants and their contents in soil;

g/ Other related data and evidences.

4. Data and evidences that need to be collected or estimated to identify the area, quantity and components of an ecosystem suffering degradation include:

a/ Information and data on the actual state of the environment in the area before it suffers environmental pollution or degradation;

b/ A decision or document issued by the competent state management agency on the level of conservation of the natural ecosystem;

c/ Results of the survey, inspection and examination by the competent functional agency related to the natural ecosystem in the area suffering environmental pollution or degradation;

d/ A digital map of the actual state of forests and the database on forest developments through different periods (including wood reserves, and forest structure, area and growth); a digital map of areas suffering environmental pollution drawn by deciphering images or using special software;

dd/ Information and databases on natural conditions, hydrometeorology, marine hydrology, and environment (water, sediments), maps of the actual state of the scope, boundaries, areas, structure, depth-based distribution, coverage and actual state of the coral ecosystem, seagrass ecosystem, wetland ecosystem in coastal areas and on islands;

e/ Information on actual state of waste discharge and points of waste discharge into ecosystems of coral reefs and seagrass beds, and mangrove forests of wetlands in coastal areas and on islands;

g/ Other related data and evidences.

5. Data and evidences that need to be collected or estimated to identify the quantity and components of fauna and flora species specified at Point c, Clause 1, Article 115 of this Decree include:

a/ The competent state management agency’s document providing the list of and regime of management of fauna and flora species;

b/ Results of the survey, inspection and examination by the competent agency related to fauna and flora species;

c/ Total area of areas suffering environmental pollution or degradation, suffering period, and expenses for species recovery at the minimum level;

d/ Other related data and evidences.

6. Data and evidences for determination of damage caused by environmental pollution or degradation take the forms of images, magnetic tapes, data collected from the monitoring, measurement, analysis, remote sensing and geographical information systems, and other forms.

7. Data and evidences used to determine damage caused by environmental pollution or degradation must be accurate and have sufficient scientific and practical bases.

Article 117. Modes and methods of identification of scope and area of areas suffering environmental pollution or degradation; number of decreased environmental components, types of damaged ecosystems, and dead fauna and flora species

1. Mode and method of identification of the scope and area of water surface areas and water environment areas suffering environmental pollution:

a/ Investigation, survey and identification of natural conditions and environment of areas suffering environmental pollution;

b/ Use of an appropriate hydrodynamic and environment-based calculation model to forecast and identify the scope of environmental pollution;

c/ Field survey based on the calculation model to identify the scope, area and volume of pollution.

2. Mode and method of identification of scope and area of polluted soil environment areas:

a/ Field investigation and survey based on maps of the actual state of land use at different levels;

b/ Taking and analysis of soil samples in accordance with law to identify polluted soil areas; scope, area, amount and volume of polluted soil areas may be identified through zoning off polluted soil areas on maps of actual state of land use at different levels.

3. Mode and method of identification of scope, area, amount and components of forest ecosystems (terrestrial and mangrove forests) suffering degradation:

a/ Overlaying of maps of forests’ actual state and maps of polluted areas to identify the scope and area of forests suffering pollution;

b/ Field investigation of the actual state of forest subzones following the occurrence of an environmental pollution incident to identify the forest amount, volume and components suffering damage;

c/ In case maps of the actual state of forests and forest developments are not available, equivalent databases on forest ecosystems may be used.

4. Mode and method of identification of scope, area and amount of coral ecosystems and seagrass ecosystems suffering damage:

a/ Field investigation, collection of information, and calculation of area and coverage of coral reefs and seagrass beds suffering damage;

b/ In case maps and data on the forests’ actual state are not available, equivalent ecosystem databases may be used.

5. The mode and method of identification of the amount and components of fauna and flora species suffering damage specified at Point c, Clause 1, Article 115 of this Decree are as follows:

a/ Field investigation and information collection in areas suffering environmental pollution and degradation of fauna and flora individuals and components of fauna and flora species;

b/ Collection and analysis and calculation by practical measurement methods, and use of calculation models and technical measures to evaluate changes in species components and the number of fauna and flora individuals before and after the occurrence of environmental pollution incidents.

Article 118. Determination of extent of damage caused to each component of the environment, ecosystems and species

1. Principles of determination of damage extent:

a/ The extent of damage caused to each component of the environment, ecosystems and fauna and flora species specified in Article 115 of this Decree shall be determined based on expenses for treatment and rehabilitation of the environment and ecosystems, and breeding of fauna species for their conservation, recovery and release back to their natural habitats, and cultivation of flora species up to environmental technical regulations to bring them back to the original or equivalent state of ecosystems and fauna and flora species specified at Points b and c, Clause 1, Article 115 of this Decree before the occurrence of environmental pollution or degradation;

b/ Environmental damage caused to a geographical area is equal to total damage caused to each environmental component of such area.

2. Method of identification of extent of damage:

Competent agencies and organizations or individuals that cause environmental pollution or degradation shall, on a case-by-case basis, select one of methods of determination of expenses for environmental treatment and rehabilitation, and breeding of fauna species for their conservation, recovery and release back to their natural habitats and cultivation of flora species up to environmental technical regulations to bring them back to the original or equivalent state of the ecosystem and fauna and flora species specified at Points b and c, Clause 1, Article 115 of this Decree, specifically as follows:

a/ An organization or individual that causes environmental pollution or ecosystem degradation, leading to the death of fauna and flora species specified in Clause 1, Article 115 of this Decree, shall implement by themselves, or hire a unit with suitable function and capacity for, environmental treatment and rehabilitation and cultivation of flora species, and breeding of fauna species for their conservation, recovery and release back to their natural habitats and cultivation  of flora species up to technical regulations on environment to bring them back to the original or equivalent state of the ecosystem and fauna and flora species specified at Points b and c, Clause 1, Article 115 of this Decree, and up to environmental technical regulations to bring them back to the equivalent state as before the occurrence of pollution or degradation.

In this case, the organization or individual shall pay by itself/himself/herself all expenses for environmental treatment and rehabilitation, and breeding of fauna species for their conservation, recovery and release back to their natural habitats and cultivation of flora species up to environmental technical regulations to bring them back to the original or equivalent state of the ecosystem and fauna and flora species specified at Points b and c, Clause 1, Article 115 of this Decree within the law-specified time limit, which are subject to supervision of implementation and certification of implementation results under law;

b/ In case an organization or individual that causes environmental pollution or ecosystem degradation, leading to the death of fauna and flora species specified in Clause 1, Article 115 of this Decree, cannot implement the aforementioned jobs by itself/himself/herself, the competent state agency shall organize the determination of expenses for environmental treatment and rehabilitation, and breeding of fauna species for their conservation, recovery and release back to their natural habitats and cultivation of flora species up to environmental technical regulations to bring them back to the original or equivalent state of the ecosystem and fauna and flora species specified at Points b and c, Clause 1, Article 115 of this Decree according to the formulas specified in Clause 4 of this Article;

c/ In case it is impossible to determine expenses for environmental treatment and rehabilitation up to environmental technical regulations, and breeding of fauna species for their conservation, recovery and release back to their natural habitats and cultivation of flora species to bring them back to the original or equivalent state of the ecosystem and fauna and flora species specified at Points b and c, Clause 1, Article 115 of this Decree, it is allowed to apply the results of the calculation of damage caused by environmental pollution and ecosystem degradation, leading to the death of fauna and flora species specified in Clause 1, Article 115 of this Decree in previous cases with similar scope and nature as recognized by competent agencies, or simulate the original actual state of the environment or ecosystem before the pollution or degradation and fauna and flora species before their death; to devise plans on calculation of expenses for treatment and rehabilitation of the polluted environment, degraded ecosystems and fauna and flora species specified in Clause 1, Article 115 of this Decree in order to bring them back to the original or equivalent state;

d/ Other plans.

3. In case the environmental treatment and rehabilitation and cultivation of flora species, and breeding of fauna species for their conservation, recovery and release back to their natural habitats, for the fauna species specified at Point c, Clause 1, Article 115 of this Decree, are implemented by the methods specified at Points b, c and d, Clause 2 of this Article, organizations or individuals that cause environmental pollution, ecosystem degradation, and death of fauna and flora species shall pay expenses for the implementation.

4. Formulas for calculation of damage compensation expenses:

a/ The total damage caused by environmental pollution or degradation in a geographical area shall be calculated according to the following formula:

T = TN + TD + THST + TLBV, in which:

T: Damage caused by environmental pollution or degradation in a geographical area;

TN: Damage to the water environment caused by pollution or degradation;

TD: Damage to the soil environment caused by pollution or degradation;

THST: Damage to an ecosystem caused by pollution or degradation;

TLBV: Damage caused to the fauna or flora species specified at Point c, Clause 1, Article 115 of this Decree;

b/ Damage to the water environment caused by pollution or degradation shall be calculated according to following formula:

TN = S x CN, in which:

TN: Damage to the water environment caused by pollution or degradation;

S: Polluted water volume (m³);

CN: Norms for treatment of 1m³ of water up to technical regulations;

c/ Damage to the soil environment caused by pollution or degradation shall be calculated according to following formula:

TD = S x CD, in which:

TD: Damage to the soil environment caused by pollution or degradation;

S: Polluted soil volume or amount (m³ or kg);

CD: Norms for treatment of 1m³ or 1kg of soil up to technical regulations;

d/ Damage caused by degradation of the forest ecosystem (terrestrial or mangrove forests), coral ecosystem or seagrass ecosystem shall be calculated according to the following formula:

THST = S x 3 x CHST, in which:

THST: Damage caused by degradation to the forest ecosystem (terrestrial or mangrove forests), coral ecosystem or seagrass ecosystem;

S: Area of the forest (terrestrial or mangrove forests), coral reef ecosystem or seagrass ecosystem suffering degradation (m²);

CHST: Norms for recovery of the forest (terrestrial or mangrove forests), coral ecosystem or seagrass ecosystem suffering degradation;

dd/ Damage caused to the fauna and flora species specified at Point c, Clause 1, Article 115 of this Decree shall be calculated according to the following formula:

TLBV = N x CLBV, in which:

TLBV: Damage caused to fauna and flora species;

N: Number of fauna and flora individuals;

CLBV: Norms for cultivation of flora species, and breeding of fauna species for their conservation, recovery and release back to their natural habitats and cultivation of flora species to bring them back to the original or equivalent state of the fauna specifies specified at Point c, Clause 1, Article 115 of this Decree;

e/ Norms for treatment of a unit of water volume or a volume or an amount of soil up to environmental technical regulations, expenses for planting for restoration of forests (terrestrial and mangrove forests), coral ecosystems and seagrass ecosystems, and expenses for cultivation of flora species, and breeding of fauna species for their conservation, recovery and release back to their natural habitats and cultivation of flora species to bring them back to the original or equivalent state of fauna species specified at Point c, Clause 1, Article 115 of this Decree must comply with current regulations;

g/ In case the aforementioned norms are not available, competent agencies shall, within the ambit of their responsibilities, formulate and promulgate norms for environment and ecosystem treatment and rehabilitation, and breeding fauna species for their conservation, recovery and release back to their natural habitats and cultivation of flora species specified in Clause 1, Article 115 of this Decree. 

Section 4. ASSESSMENT OF DAMAGE CAUSED BY A DECREASE IN FUNCTIONS AND USEFULNESS OF THE ENVIRONMENT

Article 119. Organizations assessing damage caused by a decrease in functions and usefulness of the environment

1. Organizations that carry out assessment of damage caused by a decrease in functions and usefulness of the environment shall be selected in accordance with Clause 3, Article 135 of the Law on Environmental Protection.

2. An organization that carries out assessment of damage caused by a decrease in functions and usefulness of the environment is a judicial assessment organization working on a case-by-case basis in the field of environment as declared under regulations or another organization that fully satisfies the following conditions:

a/ Having the legal person status;

b/ Carrying out professional activities conformable with contents requested to be assessed;

c/ Meeting conditions on professional staff and physical foundations for the assessment.

Article 120. Assessment of damage caused by a decrease in functions and usefulness of the environment

1. Organizations or individuals suffering damage or agencies in charge of settling compensation for damage caused by environmental pollution or degradation that disagree with damage determination results may request assessment of damage caused by a decrease in functions and usefulness of the environment.

2. The order and procedures for assessment of damage caused by a decrease in functions and usefulness of the environment must comply with regulations on judicial assessment in the field of environment and relevant regulations.

3. Results of the assessment of damage caused by a decrease in functions and usefulness of the environment serve as a basis for agencies in charge of settling compensation for environmental damage to issue decisions to claim compensation for damage before selecting other forms of settlement specified in Clause 1, Article 133 of the Law on Environmental Protection.

Chapter X. ECONOMIC INSTRUMENTS IN THE ENVIRONMENTAL PROTECTION

Section 1. PAYMENT OF NATURAL ECOSYSTEM SERVICE CHARGES

Article 121. Charged natural ecosystem services

1. Forest environment services of forest ecosystems must comply with the law on forestry. Organizations and individuals that have paid charges for forest environment services of forest ecosystems in accordance with the law on forestry before the effective date of this Decree are not required to pay charges for use of natural ecosystem services specified in this Decree.

2. Charged natural ecosystem services specified at Points b, c and d, Clause 2, Article 138 of the Law on Environmental Protection include:

a/ Wetland ecosystem services for tourism, entertainment and aquaculture purposes of important wetlands and mixed ecoregions in accordance with the law on biodiversity;

b/ Marine ecosystem services for tourism, entertainment and aquaculture purposes of marine reserves and protected fisheries resource areas;

c/ Services of rocky mountain and cave ecosystems of natural heritages for tourism and entertainment purposes; geopark ecosystem services for tourism and entertainment purposes, except cases in which charges for forest environment services of forest ecosystems specified in Clause 1 of this Article have been paid.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, submitting to the Prime Minister for issuance a decision on pilot provision of charged carbon sequestration and storage services of marine ecosystems and wetland ecosystems to serve as a basis for reporting to the Government for decision on official application.

Article 122. Organizations and individuals that provide and get paid for provision of natural ecosystem services

1. Management boards of protected areas.

2. Organizations and individuals that are assigned to manage, protect, maintain and develop natural ecosystems specified in Clause 2, Article 121 of this Decree.

Article 123. Organizations and individuals that use and pay charges for natural ecosystem services

1. Organizations and individuals that use natural ecosystem services in areas where natural ecosystem services are provided under Clause 6, Article 124 of this Decree shall pay natural ecosystem service charges when:

a/ Exploiting and using water and sea surfaces of natural ecosystems for aquaculture or underwater entertainment services;

b/ Exploiting and using landscapes of natural ecosystems for tourism and entertainment services.

2. Entities eligible for exemption from natural ecosystem service charges:

a/ Organizations and individuals in areas with difficult economic conditions, and poor households and near-poor households as certified by local administrations;

b/ Individuals engaged in production and business activities who have lost their civil act capacity or died, declared to be dead or missing without leaving any assets for charge payment or whose guardians or heirs are unable to pay charges on their behalf;

c/ Organizations engaged in production and business activities that have received decisions on their dissolution or bankruptcy issued by competent agencies in accordance with law, or have no money or assets left to pay charges to natural ecosystem service providers;

d/ Natural ecosystem service users that are also natural ecosystem service providers. They are obliged to account expenses for protection, maintenance and development of natural ecosystems.

Article 124. Schemes on payment of natural ecosystem service charges

1. Provincial-level specialized agencies in charge of environmental protection shall assume the prime responsibility for, and coordinate with related agencies in, formulating provincial-level schemes on payment of natural ecosystem service charges specified in Clause 2, Article 121 of this Decree in their localities and submit such schemes to provincial-level People’s Committees for approval.

2. Principal contents of a provincial-level scheme on payment of natural ecosystem service charges include:

a/ General information on areas where natural ecosystem services are provided; list and maps of areas where natural ecosystem services are provided. These maps include their printed and digital versions of a scale of 1:25,000 – 1:100,000 (depending on the shape and area of the province);

b/ Organizations and individuals that provide and get paid for provision of natural ecosystem services;

c/ Types of natural ecosystem services;  activities using natural ecosystem services; and measures to mitigate adverse impacts on natural ecosystems;

d/ Payment methods and minimum payment levels for natural ecosystem services specified in Article 125, and Clause 1, Article 126, of this Decree;

dd/ Implementation plans and responsibilities of related agencies, organizations and individuals;

e/ Examination and supervision of the payment of natural ecosystem service charges.

3. In case localities have not yet formulated or approved provincial-level schemes on payment of natural ecosystem service charges, provincial-level specialized agencies in charge of environmental protection shall assume the prime responsibility for, and coordinate with related agencies in, formulating a scheme(s) for one or several natural ecosystem(s).

4. Natural ecosystem service providers shall formulate establishment-level schemes on payment of natural ecosystem service charges for areas where charged natural ecosystem services are provided in conformity with provincial-level schemes on payment of natural ecosystem service charges specified in Clauses 2 and 3 of this Article.

5. Principal contents of an establishment-level scheme on payment of natural ecosystem services include:

a/ Name and geographical location of the natural ecosystem;

b/ General information on areas where natural ecosystem services are provided; maps describing boundaries, landmarks and area of the areas where natural ecosystem services are provided of the scale of 1:5,000 – 1:25,000 (depending on shape and area of the areas where natural ecosystem services are provided);

c/ Types of natural ecosystem services;

d/ List of natural ecosystem service users;

dd/ Measures for conservation, maintenance and development of the natural ecosystem;

e/ Estimated charge amount and payment method;

g/ Plan on use of collected natural ecosystem service charges.

6. The identification of areas where natural ecosystem services are provided must comply with Clause 2, Article 121 of this Decree and adhere to the following principles:

a/ Areas where wetland ecosystem services are provided include important wetlands, waters in buffer zones of wetland reserves and other areas with tourism, entertainment and aquaculture activities using services provided by wetland ecosystems (if any);

b/ Areas where marine ecosystem services are provided include marine reserves and waters in buffer zones of marine reserves; protected fisheries resource areas; and other areas with tourism, entertainment and aquaculture activities using services provided by marine ecosystems (if any);

c/ Areas where rocky mountain, cave and geopark ecosystem services for tourism and entertainment purposes are provided include all rocky mountain, cave and geopark areas.

Article 125. Methods of payment of natural ecosystem service charges

1. Natural ecosystem service users shall pay charges directly to natural ecosystem service providers under contracts signed between the two parties. If not choosing to make direct payment, natural ecosystem service users shall pay charges to service providers through entrustment via provincial-level environment protection funds or the Vietnam Environment Protection Fund for localities without provincial-level environment protection funds.

2. Natural ecosystem service users shall pay charges from the date of using such services. For natural ecosystem services that are provided before the effective date of this Decree, payable charges for such services shall be counted from the effective date of this Decree.

3. The payment of natural ecosystem service charges through entrustment is as follows:

a/ A contract on payment of natural ecosystem service charges through entrustment must conform to the scheme on payment of natural ecosystem service charges for the entire areas where charged natural ecosystem services are provided under Clause 4, Article 128 of this Decree;

b/ Before October 15 every year, a natural ecosystem service user shall send a plan on payment of natural ecosystem service charges to the entrusted environment protection fund;

c/ By December 15 every year at the latest, a natural ecosystem service user shall make a declaration for payment of natural ecosystem service charges and send it to the entrusted environment protection fund;

d/ Natural ecosystem service users shall pay service charges on a quarterly basis or an annual basis. The time limit for payment is 10 days from the last day of a quarter, for service charges paid on a quarterly basis, or 10 days from the last day of the first quarter, for service charges paid on an annual basis.

4. The Ministry of Natural Resources and Environment shall promulgate the model contract on payment of natural ecosystem service charges; the model plan on payment of natural ecosystem service charges; and the form of declaration for payment of natural ecosystem service charges as specified in Clause 3 of this Article.

Article 126. Payable natural ecosystem service charge amounts

1. Payable charge amounts for natural ecosystem services for tourism, entertainment and aquaculture purposes shall be determined based on voluntary agreements between natural ecosystem service providers and natural ecosystem service users in conformity with schemes on payment of natural ecosystem service charges specified in Article 124 of this Decree, which must be equal to at least 1% of turnover earned in the period from tourism, entertainment and aquaculture activities in areas where natural ecosystem services are provided under Clause 6, Article 124 of this Decree.

2. Organizations and individuals engaged in production and business activities whose capital and assets are damaged due to natural disasters, fire or epidemics, making them lose their capacity or stop their production and business activities, are entitled to reduction of natural ecosystem service charges. Charge reduction levels shall be agreed upon and decided by natural ecosystem service providers and natural ecosystem service users.

Article 127. Management and use of natural ecosystem service charges

1. Natural ecosystem service providers shall decide on the use of collected natural ecosystem service charges after fulfilling their financial obligation toward the State in accordance with law.

2. In case an entity specified in Article 122 of this Decree is the management board of a protected area or an organization assigned to manage, protect, maintain and develop a natural ecosystem in accordance with law, the collected natural ecosystem service charge amounts left after deduction of reasonable expenses for protection, maintenance and development of the natural ecosystem specified in Clause 3 of this Article shall be remitted into provincial-level environment protection fund or the Vietnam Environment Protection Fund for localities without provincial-level environment protection funds for coordination and use for the purposes of protection, maintenance and development of other natural ecosystems in the provinces.

3. Reasonable expenses for protection, maintenance and development of natural ecosystems include:

a/ Organization of implementation of policies on payment for natural ecosystem services;

b/ Making of lump-sum payments to parties contracted to perform the protection, maintenance and development of natural ecosystems;

c/ Examination, supervision, making of statistics, inventory, and assessment of natural ecosystems;

d/ Recovery of natural ecosystems;

dd/ Expenses for entrusted environment protection funds under Point c, Clause 5 of this Article;

e/ Other expenses directly serving the protection, maintenance and development of natural ecosystems in accordance with law.

4. Entrusted environment protection funds shall make plans on revenues and expenditures, and estimation of expenses for management of natural ecosystem service charges through entrustment, specifically as follows:

a/ To examine the accuracy of the area of areas where natural ecosystem services are provided; to make a list of natural ecosystem service providers;

b/ To summarize plans on payment of natural ecosystem service charges by natural ecosystem service users;

c/ To make plans on revenues and expenditures of natural ecosystem service charges; to make estimation of expenses for management of natural ecosystem service charges in the fourth quarter every year; to submit to the Minister of Natural Resources and Environment (in case the entrusted environment protection fund is the Vietnam Environment Protection Fund) or to the provincial-level People’s Committee (in case the entrusted environment protection fund is a provincial-level environment protection fund) for decision;

d/ To notify revenue and expenditure plans to natural ecosystem service providers in accordance with law.

5. The determination and coordination of natural ecosystem service charges paid through entrustment to natural ecosystem service providers are as follows:

a/ Before March 31 every year, based on natural ecosystem service charge amounts actually collected in the previous year, and results of the determination of areas where natural ecosystem services are provided, the director of the entrusted environment protection fund shall determine money amounts payable to natural ecosystem service providers in the previous year so as to coordinate and make payments to natural ecosystem service providers;

b/ Before April 15 every year, entrusted environment protection funds shall notify natural ecosystem service providers of natural ecosystem service charge amounts;

c/ Entrusted environment protection funds may retain no more than 10% of total natural ecosystem service charge amounts collected through entrustment to serve their operation under Clause 6 of this Article.

6. Amounts retained for entrusted environment protection funds may be used for their operations which directly serve the payment of natural ecosystem services as guided by the Ministry of Finance.

7. The Ministry of Natural Resources and Environment shall promulgate a form of summarization of plan on payment of natural ecosystem service charges by natural ecosystem service users; a form of plan on collection and spending of natural ecosystem service charges; a form of estimation of expenses for management of natural ecosystem service charges; a form of the entrusted environment protection funds’ notice to natural ecosystem service providers of natural ecosystem service charge amounts specified at Points b and c, Clause 4, and Points a and b, Clause 5, of this Article.

Article 128. Rights and obligations of natural ecosystem service providers

1. To have the right to request natural ecosystem service users to pay natural ecosystem service charges under this Decree and relevant laws.

2. To be obliged to use collected natural ecosystem service charge amounts for the purposes specified in Clauses 1, 2 and 3, Article 127 of this Decree.

3. To be obliged to maintain the total area of areas where natural ecosystem services are provided and ensure service quality in accordance with law and under signed contracts on payment of natural ecosystem service charges.

4. To be obliged to formulate establishment-level schemes on payment of natural ecosystem service charges specified in Clauses 4 and 5, Article 124 of this Decree before signing contracts with natural ecosystem service users; and send 1 set of every scheme to provincial-level specialized agencies in charge of environmental protection for monitoring and management.

5. To exercise other rights and perform other obligations in accordance with law.

Article 129. Rights and obligations of natural ecosystem services users

1. To be notified of the actual state and results of maintenance, protection and development of natural ecosystems in areas where natural ecosystem services are provided; and be notified of areas and state of natural ecosystems as assessed by natural ecosystem service providers.

2. To participate in the formulation of plans on, and implementation, examination and supervision of, the protection and development of natural ecosystems in areas where natural ecosystem services are provided.

3. To request natural ecosystem service providers to adjust natural ecosystem service charges in case the latter fail to strictly comply with signed contracts regarding areas and state of natural ecosystems for which service users have already paid charges.

4. To sign contracts and declare payable natural ecosystem service charge amounts to entrusted environment protection funds in case charges are paid through entrustment.

5. To take responsibility before law for the accuracy of provided information for use as a basis for determination of natural ecosystem service charges.

6. To fully pay natural ecosystem service charges in a timely manner under signed contracts on payment of natural ecosystem service charges.

7. To participate in the protection of natural ecosystems in areas where natural ecosystem services are provided; to implement measures on prevention and control of adverse impacts of production and business activities on natural ecosystems, and rehabilitate damaged natural ecosystems.

8. To be notified by entrusted environment protection funds of results of service charge payment through entrustment to natural ecosystem service providers in case of payment though entrustment.

Section 2. INSURANCE FOR LIABILITY TO PAY COMPENSATION FOR ENVIRONMENTAL DAMAGE; INCENTIVES AND SUPPORT FOR ENVIRONMENTAL PROTECTION

Article 130. Subjects required to purchase insurance for liability to pay compensation for damage caused by environmental incidents

Owners of investment projects and establishments engaged in large-scale production or business activities or provision of services on the list of those likely to cause environmental pollution specified in Column 3, Appendix II to this Decree shall purchase insurance for liability to pay compensation for damage caused by environmental incidents.

Article 131. Subjects entitled to incentives and support for environmental protection

1. Subjects entitled to incentives and support for environmental protection include organizations and individuals investing in environmental protection facilities; carrying out production, business and service activities related to environmental protection under projects or in sectors or trades eligible for investment incentives provided in Appendix XXX to this Decree.

3. Principles of incentives and support must comply with Clause 1, Article 141 of the Law on Environmental Protection.

Article 132. Land-related support

1. Owners of investment projects on construction of environmental protection facilities specified in Clauses 1 and 3, Appendix XXX to this Decree are entitled to support in the construction of infrastructure facilities, specifically as follows:

a/ The State shall prioritize allocation of land areas with available technical infrastructure facilities or facility items (roads, electricity, water supply and drainage, communications, and energy) outside  projects which are connected to common technical infrastructure systems of local areas not through auction of land use rights;

b/ In case the State cannot allocate land areas with available technical infrastructure facilities or facility items outside projects which are connected to common technical infrastructure systems of local areas, project owners are entitled to investment support like in the case of the construction of infrastructure facilities in accordance with the law on investment.

2. Owners of investment projects specified at Point b, Clause 3, Appendix XXX to this Decree are entitled to land use levy and land rental exemption or reduction in accordance with the land law like those under projects or in sectors or trades eligible for special investment incentives.

3. Owners of investment projects on construction of production establishments specified at Points c, d, and dd, Clause 2, and Point dd, Clause 3, Appendix XXX to this Decree are entitled to land use levy and land rental exemption or reduction in accordance with the land law like those under projects or in sectors or trades eligible for special investment incentives.

In case investment project owners have advanced expenses for payment of compensation for ground clearance under approved plans, such expenses shall be deducted in accordance with the land law.

4. For projects on relocation of households from concentrated production, business or service zones, or industrial clusters, or relocation of operating establishments subject to land recovery by the State, the compensation, support and resettlement must comply with the land law.

Article 133. Investment capital-related incentives and support

1. Incentives from the Vietnam Environment Protection Fund or provincial-level environment protection funds:

a/ If owners of investment projects engaged in activities specified at Point a, Clause 1, Appendix XXX to this Decree apply waste treatment technologies with the percentage of treated wastes subject to burial of below 30% of the total collected solid waste volume may borrow loans with a preferential interest rate not exceeding 50% of the State’s investment credit interest rate announced by the competent agency at the time of loan provision, and the total loan amount borrowed by an investment project owner must not exceed 80% of such investment project’s total investment amount; they may receive post-investment support from annual revenue-expenditure differences;

b/ Owners of investment projects engaged in activities specified in Clause 3, Article 55 of the Law on Environmental Protection and provided in Appendix XXX to this Decree other than those specified at Point a of this Clause may borrow loans with a preferential interest rate not exceeding 50% of the State’s investment credit interest rate announced by the competent agency at the time of loan provision, and the total loan amount borrowed by an investment project owner must not exceed 70% of such investment project’s total investment amount; they may receive post-investment support from annual revenue–expenditure differences;

2. Incentives from the Vietnam Development Bank must comply with the Government’s regulation on the State’s investment credit.

3. The Ministry of Natural Resources and Environment shall guide the provision of loans and post-investment interest rate support specified in Clause 1 of this Article; donation and co-donation and other support for environmental protection activities of the Vietnam Environment Protection Fund. Provincial-level People’s Committees shall guide the provision of loans and post-investment interest rate support specified in Clause 1 of this Article; donation, co-donation and other support for provinces’ environmental protection activities from provincial-level environment protection funds.

4. The grant of credit guarantee for small- and medium-sized enterprises to borrow loans from credit institutions must comply with the law on credit guarantee.

5. The state budget shall provide direct interest rate support to project owners after they settle medium- and long-term credit amounts to carry out environmental protection activities specified in Appendix XXX to this Decree, and for projects that are granted green credit loans by credit institutions and foreign bank branches in Vietnam. Project owners shall provide sufficient dossiers proving their projects and take responsibility before law for th efficiency of and accuracy of information on subjects entitled to interest rate support.

Article 134. Tax, charge and fee incentives

1. Enterprise income tax incentive: Enterprises’ income from implementation of investment projects on the list of environmental protection activities eligible for support and incentives specified in Clauses 1 and 2 of Appendix XXX to this Decree are entitled to enterprise income tax incentives in accordance with the law on enterprise income tax.

2. Other tax, charge and fee incentives must comply with the laws on taxes, charges and fees.

Article 135. Price subsidies for environmental protection products and services

1. The list of public-utility products and services for environmental protection covers:

a/ Domestic wastewater collection and treatment services in urban centers and concentrated residential areas;

b/ Services of domestic solid waste collection and transport from households and individuals;

c/ Public transport services, except public transport services using oil-fueled vehicles.

2. Price subsidies for public-utility products and services specified in Clause 1 of this Article must comply with the Government’s regulation on assignment of tasks, placement of orders or bidding for provision of public products and services using the state budget funds reserved for regular expenditures.

Article 136. Green procurement for state budget-funded investment projects and tasks

1. Public procurement or investment items in investment projects and tasks funded with the state budget under the Government’s regulation must prioritize the use and consumption of eco-friendly products and services bearing the Vietnam Green Label.

2. When formulating bidding dossiers for public procurement activities, requirements for procurement and use of eco-friendly products and services bearing the Vietnam Green Label must be included in contractor selection criteria.

3. Domestic and foreign organizations and individuals are encouraged to carry out green procurement and use eco-friendly products and services bearing the Vietnam Green Label.

4. The Ministry of Planning and Investment shall promulgate according to its competence or submit to competent authorities for promulgation detailed regulations on prioritizing the procurement of eco-friendly products and services in bidding for implementation of projects and tasks applicable to contractors and investors using eco-friendly products and services bearing the Vietnam Green Label.

5. The Ministry of Finance shall promulgate according to its competence or submit to competent authorities for promulgation detailed regulations on green procurement for state budget-funded projects and tasks.

Article 137. Support for advertising encouraged environmental protection activities

1. The State shall encourage organizations, individuals, enterprises and cooperatives to carry out the following activities:

a/ Advertising products obtained from activities of environmental protection or recovery and disposal of discarded products;

b/ Producing and making public genres of films and television programs on environmental protection in order to raise the public awareness about environmental protection and use of eco-friendly products;

c/ Supplying free of charge tools for households and individuals to sort out their domestic solid wastes.

2. Funds for implementation of activities specified in Clause 1 of this Article shall be accounted into production costs of organizations, individuals, enterprises and cooperatives in accordance with law.

Section 3. CRITERIA, ROADMAP AND MECHANISM TO PROMOTE THE DEVELOPMENT OF CIRCULAR ECONOMY

Article 138. General provisions on circular economy

1. General criteria for circular economy

a/ To reduce exploitation and use of non-renewable resources and water resources; to improve use efficiency of resources, raw materials and materials; to save energy;

b/ To extend the lifecycle of materials, equipment, products, goods, parts and components;

c/ To reduce generated wastes and minimize adverse environmental impacts, including: reduction of solid wastes, wastewater and exhaust gases; reduction of the use of toxic chemicals; recycling of wastes, recovery of energy; reduction of disposable products; and application of green procurement.

2. Owners of investment projects or production, business or service establishments shall base themselves on action plans specified at Point a, Clause 3, and Clauses 4 and 5, Article 139 of this Decree to take one or more than one measure in the following order of priority to meet criteria for circular economy:

a/ To restrict the use of eco-unfriendly products; to optimize the use of equipment and products; to increase production and use efficiency of resources, raw materials and materials;

b/ To extend the lifecycle of products and their parts and components, including: reuse (reuse of products by other consumers); repair (repair or maintenance of defective products to prolong their service life); refurbishment (restoration and upgrading of old products); remanufacturing (use of parts or components of discarded products in new products with similar functions); repurposing (use of redundant products or their parts or components in new products with
different functions);

c/ To reduce generated wastes, including: recycling of wastes (treatment and processing of wastes to convert them into raw materials, fuels or useful materials); recovery of energy through waste incineration.

3. Owners of investment projects, establishments, concentrated production, business or service zones, and industrial clusters shall base themselves on action plans specified at Point a, Clause 3, and Clauses 4 and 5, Article 139 of this Decree to take one or some of the following measures to meet criteria for circular economy:

a/ To make optimal general site plans with linkage between investment projects and production, business or service establishments so as to increase use efficiency and reduce consumption norms of land and water resources, minerals and energy; to increase the recycle ratio and reduce the total generated waste volume; to apply other solutions specified in Clause 2 of this Article;

b/ To develop and use clean and renewable energy in accordance with law;

c/ To collect and store rainwater for reuse; to collect, treat and reuse wastewater;

d/ To carry out industrial symbiosis activities in accordance with the law on management of industrial parks and economic zones.

4. Owners of investment projects on construction of urban centers and concentrated residential areas shall base themselves on plans specified at Point a, Clause 3, and Clauses 4 and 5, Article 139 of this Decree to design, manage and take the following measures to meet criteria for circular economy:

a/  To make optimal general site plans to increase use efficiency and reduce consumption norms of land and water resources and energy;

b/ To apply eco-friendly transport solutions for reducing greenhouse gas emissions;

c/ To develop and use clean and renewable energy in accordance with law;

d/ To take other measures for environmental protection in accordance with law.

Article 139. Roadmap and responsibilities for development of circular economy

1. The Ministry of Natural Resources and Environment shall:

a/ Assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, formulating and submitting to the Prime Minister for promulgation the national action plan to develop circular economy under Clause 5 of this Article before December 31, 2023;

b/ Build and operate an information connection and data sharing platform on the application of the circular economy model;

c/ Formulate and promulgate a framework to guide the application and assessment of implementation of circular economy;

d/ Perform the responsibilities specified in Clause 2 of this Article in the sectors and fields under its management.

2. Ministries and ministerial-level agencies shall, within the ambit of their functions, tasks and fields under their management:

a/ Formulate and approve action plans to implement circular economy in relevant sectors, fields and products in line with the national action plan specified in Clause 5 of this Article;

b/ Organize public communication and dissemination of legal knowledge, education and training about circular economy;

c/ Incorporate specific criteria to implement circular economy in development strategies, master plans, plans, programs and schemes right from the stage of formulation; manage, reuse and recycle wastes.

d/ Manage and update information and data on implementation of circular economy and integrate them with the information and data system of the Ministry of Natural Resources and Environment;

dd/ Organize the pilot application of the circular economy model to the fields of energy, raw materials and wastes under the action plans specified in Clauses 4 and 5 of this Article;

e/ Perform other responsibilities related to circular economy specified in this Decree.

3. Provincial-level People’s Committees shall:

a/ Develop, consult relevant ministries and ministerial-level agencies on, and approve, provincial-level action plans to implement circular economy in line with the national action plan to implement circular economy specified in Clause 4 of this Article;

b/ Perform the responsibilities specified at Points b, c, d and e, Clause 2 of this Article in localities under their management;

c/ Organize the pilot application of the circular economy model to the fields of energy, raw materials and wastes under the action plans specified at Point a, this Clause, and Clauses 4 and 5 of this Article.

4. The national action plan to implement circular economy must have the following principal contents:

a/ Overview analysis of the current status of exploitation and use of resources; production and consumption; situation and forecast of waste generation; domestic and international context of the implementation of circular economy;

b/ Viewpoints, general objectives, specific objectives and targets for the implementation of circular economy in the period of the 10-year national action plan;

c/ Tasks and roadmap of implementation of circular economy in sectors and fields, determining priority sectors and fields in each period; the list of special sectors and fields requiring guidance on circular economy;

d/ Types of investment projects, production, business or service establishments and products to be designed to meet the criteria for circular economy; application of cleaner production, manufacturing of eco-friendly products, use of recycled materials for production and management of the lifecycle of chemicals and wastes;

dd/ Solutions to implement circular economy, including: public communication, education, training, refresher training and dissemination of knowledge and law; science and technology development; human resource development; technical infrastructure development; information and data connection and sharing; mobilization of funding sources; international cooperation, and other solutions;

e/ Organization of implementation, including: responsibilities of leading agency and coordinating agencies; monitoring and reporting regime; allocation of resources for implementation.

5. Action plans to implement circular economy for sectors, fields and products must be in line with the national action plan specified in Clause 4 of this Article. Based on characteristics of each sector, field or product, action plans must set forth solutions to implement circular economy under Clauses 2, 3 and 4, Article 138 of this Decree.

6. Owners of investment projects, establishments, concentrated production, business or service zones, and industrial clusters shall develop circular economy under the action plans specified at Point a, Clause 3, and Clauses 4  and 5 of this Article.

7. To encourage owners of investment projects and establishments, investors that construct and commercially operate infrastructure facilities of concentrated production, business or service zones the and industrial clusters to apply circular economy earlier than the roadmaps provided in action plans specified at Point a, Clause 3, and Clauses 4 and 5 of this Article.

8. To encourage owners of investment projects and establishments, and investors that construct and commercially operate infrastructure facilities of concentrated production, business or service zones and industrial clusters that commence their operation before the effective date of this Decree to continue applying one or some of the measures specified in Clauses 2, 3 and 4, Article 138 of this Decree (if any).

Article 140. Mechanisms to encourage the implementation of circular economy

1. The State prioritizes investment in the circular economy development for the following activities:

a/ Scientific research, technology development, application and transfer, production of equipment, and training of human resources for the circular economy implementation;

b/ Provision of an information and data sharing platform on circular economy.

2. Organizations and individuals that have activities or projects applying the circular economy model eligible for environmental protection incentives and support, or projects eligible for green credit extension in accordance with law may enjoy incentives and support specified in Articles 131, 132, 133, 134, 135 and 137 of this Decree and other relevant regulations and the mechanism to encourage green credits and green bonds specified in Articles 154, 155, 156 and 157 of this Decree.

3. The State encourages following circular economy development activities:

a/ Technology research and development, application of technical solutions, provision of services of consulting, designing and assessing the circular economy implementation in accordance with law;

b/ Development of models of linkage and sharing of the circular use of products and wastes; establishment of cooperative groups, cooperatives and unions of cooperatives, recycling alliances, models of regional linkage, urban-rural linkage and other models in accordance with law to carry out activities of investment, production, business and services meeting the criteria for circular economy;

c/ Application of industrial symbiosis measures in accordance with law on management of industrial parks and economic zones;

d/ Development of a market for reuse of discarded products and waste recycling;

dd/ Mobilization of social resources to implement circular economy in accordance with law;

e/ International cooperation, exchange of circular economy-related experience, knowledge and technologies on in accordance with law.

Section 4. DEVELOPMENT OF THE ENVIRONMENTAL INDUSTRY AND ENVIRONMENTAL SERVICES

Article 141. Technologies, equipment and products of the environmental industry

1. The list of groups of technologies, equipment and products specified in Clause 1, Article 143 of the Law on Environmental Protection is provided in Appendix XXXI to this Decree.

2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, Ministry of Science and Technology and related ministries and ministerial-level agencies in, formulating and submitting to the Prime Minister for promulgation a list of technologies, equipment and products of the environmental industry as specified in Clause 1 of this Article.

3. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, submitting to the Prime Minister for addition statistical indicators of the environmental industry to the system of national statistical indicators; direct regular announcement of statistical information on the environmental industry.

Article 142. Policies on the environmental industry development

1. The State prioritizes investment in development of the technologies, equipment and products specified in Clauses 1 and 2, Article 141 of this Decree to meet requirements on addressing important and long-term environmental issues at a regional, national or international level which affect the country’s sustainable development; and prevent and respond to environmental incidents and disasters.

2. Organizations and individuals that invest in the production of equipment, products and goods and develop technologies eligible for environmental protection incentives and support may enjoy such incentives and support under Articles 131, 132,133, 134,135 and 137 of this Decree and other relevant regulations.

3. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, formulating and proposing to the Prime Minister for approval the program on development of the environmental industry.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, providing identification codes for environmental commodities on the Harmonized System (HS) Code List to implement the roadmap to open the environmental commodity market in line with international commitments.

Article 143. Objects eligible for development of environmental services

1. The environmental services specified in Clause 3, Article 144 of the Law on Environmental Protection.

2. Services of environmental treatment and improvement at domestic solid waste landfills; collection and treatment of floating marine plastic litter.

3. Transport services using vehicles powered by renewable energies, vehicles with low fuel consumption rates, and low emission or zero emission vehicles as specified by law.

Article 144. Promotion of development of environmental services

1. Organizations and individuals may provide environmental services in the fields specified in Article 143 of this Decree.

2. Organizations and individuals providing environmental services specified in Clause 1 of this Article must satisfy law-specified requirements.

3. Investment projects in waste collection, recycling and treatment are entitled to the incentives and support specified in Article 141 of the Law on Environmental Protection.

4. Provincial-level People’s Committees shall formulate, appraise, approve, or submit to competent authorities for approval, and organize the implementation of, investment projects in the form of public-private partnership on concentrated domestic wastewater collection and treatment and domestic solid waste treatment in accordance with the law on investment in the form of public-private partnership.

5. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and related agencies in:

a/ Formulating, appraising, approving, or submitting to competent authorities for approval, and organize the implementation of, investment projects in the form of public-private partnership on concentrated domestic wastewater collection and treatment, and inter-regional and inter-provincial solid waste treatment in accordance with the law on investment in the form of public-private partnership;

b/ Formulating proposals on and submitting investment projects to competent authorities for decision on investment policy for inter-regional and inter-provincial hazardous waste recycling and treatment zones in accordance with relevant laws.

6. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in:

a/ Improving mechanisms and policies to guide and encourage the implementation of eco-industrial park models;

b/ Assuming the prime responsibility for, and coordinating with ministries, sectors and localities in, building and improving database systems on use efficiency of resources in industrial parks, and eventually applying them in concentrated production, business or service zones.

Section 5. ECO-FRIENDLY PRODUCTS AND SERVICES

Article 145. Eco-friendly products and services

1. The Ministry of Natural Resources and Environment shall specify criteria and certification of the Vietnam Green Label for eco-friendly products and services; guide and inspect the implementation of the Vietnam Green Label’s criteria by organizations and individuals having their products and services certified.

2. Organizations and individuals that produce products or provide services certified with the Vietnam Green Label are entitled to the incentive policies specified in Section 2 of this Chapter.

3. A decision on certification of the Vietnam Green Label for an eco-friendly product or service is valid for 36 months from the date of issuance.

4. Certificates of eco-friendly plastic bags, decisions on certification of products meeting the Vietnam Green Label’s criteria issued by competent state agencies before the effective date of this Decree will be valid until the expiration of their validity periods.

5. Ministries and ministerial-level agencies are encouraged to incorporate environmental criteria in conformity with the Vietnam Green Label’s criteria in the certification of products and services in accordance with relevant regulations.

Article 146. Dossier of registration for certification of the Vietnam Green Label

1. A written request for certification of the Vietnam Green Label for an eco-friendly product or service, made according to the form provided in Appendix XXXII to this Decree.

2. A report on the product’s or service’s satisfaction of the Vietnam Green Label’s criteria made according to the form provided in Appendix XXXIII to this Decree.

3. Product testing results with a validity period of up to 6 months, counted up to the date the Ministry of Natural Resources and Environment receives the valid dossier enclosed with the product sample registered for certification. Product testing must be carried out by a testing organization specified in Article 149 of this Decree.

4. A drawing or copy of the industrial design with dimensions of 21 cm x 29 cm and commentaries on the product’s technical specifications.

5. A dossier of request for certification of the Vietnam Green Label is valid for 6 months from the date of its receipt. Past this time limit, the requester shall make a new dossier to request certification.

Article 147. Order and procedures for certification of the Vietnam Green Label

1. Within 5 days after receiving a dossier of registration for certification, the Ministry of Natural Resources and Environment shall check the completeness and validity of the dossier. In case the dossier is incomplete or invalid, a notice shall be sent to the registrant for dossier completion. Within 30 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall organize the assessment according to the order of certification of the Vietnam Green Label specified in Clause 2 of this Article.

2. The certification of the Vietnam Green Label covers the following activities: establishing an assessment council; carrying out field surveys; holding meeting of the assessment council; in case of necessity, soliciting expert assessment to assess the conformity with the Vietnam Green Label’s criteria. Based on assessment results obtained by the assessment council, the Ministry of Natural Resources and Environment shall issues a decision on certification of the Vietnam Green Label for the product or service. In case assessment results show that the product or service fails to satisfy the Vietnam Green Label’s criteria, the Ministry of Natural Resources and Environment shall notify such in writing the registrant, clearly stating the reason for non-satisfaction.

3. In case of wishing to continue to be certified with the Vietnam Green Label, at least 3 months before the decision on certification of the Vietnam Green Label expires, an organization or individual that has obtained a certification decision shall make a dossier of request for certification under Article 146 of this Decree.

4. In case there is a change in technical specifications, characteristics of its/his/her products or services or other changes related to the criteria for certification of the Vietnam Green Label, an organization or individual shall submit a dossier of request to the Ministry of Natural Resources and Environment for evaluation and certification under Article 148 of this Decree.

5. Decisions on certification of the Vietnam Green Label for products and services shall be made according to the form provided in Appendix XXXIV to this Decree.

6. The Ministry of Natural Resources and Environment shall provide in detail the evaluation of satisfaction of the Vietnam Green Label’s criteria by products or services; and provide forms of reports on results of the evaluation of dossiers of registration for certification of satisfaction of the Vietnam Green Label’s criteria for products and services.

Article 148. Renewal and revocation of decisions on certification of the Vietnam Green Label

1. Within the validity period of its/his/her certification decision on certification of the Vietnam Green Label, in case an organization or individual makes a change in the information stated in the decision, including: name, address, at-law representative, business registration number, identification mark, or another change without changing its/his/her product’s or service’s satisfaction of the Vietnam Green Label’s criteria:

a/ The organization or individual shall send a written request for modification of the decision on certification of the Vietnam Green Label to the Ministry of Natural Resources and Environment, enclosed with documents related to the change (if any);

b/ Within 15 days after receiving the written request for modification of the decision on certification of the Vietnam Green Label from the organization or individual, the Ministry of Natural Resources and Environment shall renew such decision for the product or service in case of agreeing with the request.

2. A product or service has its decision on certification of the Vietnam Green Label revoked in one of the following cases:

a/ The product or service no longer satisfies the Vietnam Green Label’s criteria;

b/ The organization or individual that manufactures the product or provides the service fails to maintain its/his/her commitments in the dossier of request for certification of the Vietnam Green Label.

3. Within 15 days after identifying a product or service falling into a case specified in Clause 2 of this Article, the Ministry of Natural Resources and Environment shall issue a decision on revocation of the certification of the Vietnam Green Label.

Article 149. Organizations monitoring, analyzing and assessing conformity of products and services with the Vietnam Green Label’s criteria

The monitoring, analysis and assessment of conformity of products and services with the Vietnam Green Label’s criteria shall be carried out by fully capable organizations, including:

1. Agencies and organizations certified by the Ministry of Natural Resources and Environment to be eligible for providing environmental monitoring services.

2. Conformity assessment organizations certified in accordance with the law on science and technology.

3. Domestic and foreign testing institutions accredited to conform to the international standard ISO/IEC 17025 by an accreditation body that is a signatory of the mutual recognition agreement of the International Accreditation Forum (IAF), Asia-Pacific Accreditation Association (APAC), or International Laboratory Accreditation Association (ILAC).

Article 150. Publication and mutual recognition for certification of eco-friendly products and services

1. The Ministry of Natural Resources and Environment shall announce and update the list of products and services certified with the Vietnam Green Label on its website.

2. The Ministry of Natural Resources and Environment shall sign mutual recognition agreements on products and services certified with the Vietnam Green Label with international eco-label certifying organizations and publish contents of such agreements.

Chapter XI. RESOURCES FOR ENVIRONMENTAL PROTECTION

Article 151. Environmental protection activities falling under the responsibility of central agencies

1. Waste management and provision of support for waste treatment, including: survey, assessment and control of waste sources causing environmental pollution on an inter-provincial or inter-regional scale; formulation of a list of wastes; formulation of criteria on waste treatment technologies and techniques falling under the responsibility of central agencies.

2. Environmental treatment, remediation and quality rehabilitation, covering:

Treatment of pollution and environmental remediation and rehabilitation in areas of soil pollution as a historical issue or by unidentifiable polluters, including: areas contaminated with residues of chemicals used during the wars; areas contaminated with residues of crop protection chemicals; other contaminated areas falling under the responsibility of central agencies; treatment of pollution of surface water environment of inter-provincial rivers and lakes.

3. Construction of technical infrastructure facilities for environmental protection; provision of equipment to protect the environment; environmental monitoring, covering:

a/ Construction of technical infrastructure facilities for information systems and databases on the environment and climate change; central environmental monitoring technical infrastructure facilities; procurement, repair and upgrading of equipment and means for environmental protection work falling under the responsibility of central agencies according to investment projects;

b/ Procurement of replacement equipment; maintenance and operation of equipment and means for environmental protection work falling under the responsibility of central agencies;

c/ Operation of the environmental monitoring system under the national environmental monitoring master plan, environmental monitoring serving the management of sectors and fields (including operation, maintenance, repair, calibration and inspection).

4. Examination, inspection and supervision of environmental protection and climate change response falling under the responsibility of central agencies and under decisions of competent authorities.

5. Conservation of nature and biodiversity; protection of the environment in natural heritages; climate change response, covering:

a/ Survey, assessment, management and protection of the environment in natural heritages; establishment, appraisal and recognition of natural heritages; provision of support for the management and protection of the environment in natural heritages falling under the responsibility of central agencies;

b/ Investment in biodiversity conservation and sustainable development under Clause 2, Article 73 of the Law on Biodiversity which falls under the responsibility of central agencies;

c/ Activities of biodiversity conservation and sustainable development specified in Clause 3, Article 73 of the Law on Biodiversity which fall under the responsibility of central agencies (except formulation and appraisal of master plans on biodiversity conservation);

d/ Survey and making of statistics on activity data, inventory of greenhouse gas emissions, assessment of the status of greenhouse gas emissions at the national, sectoral and grassroots levels, formulation of a list of greenhouse gas emitting fields and establishments subject to greenhouse gas inventory; building and operation of systems for greenhouse gas emission reduction measurement, reporting and appraisal at the national, sectoral and grassroots levels; making of national and sectoral greenhouse gas inventory reports; formulation of national and sectoral greenhouse gas emission reduction plans; making of national greenhouse gas emission reduction general reports and sectoral greenhouse gas emission reduction reports; allocation of greenhouse gas emission limits;

dd/ Development of the domestic carbon market;

e/ Formulation of the national climate change adaptation plan; building of the system for surveillance and assessment of national and sectoral climate change adaptation; formulation of criteria for identification of climate change adaptation investment projects and tasks; formulation of criteria for assessment of climate risks; making of reports on assessment of impacts, vulnerability, risks, losses and damage caused by climate change at national and sectoral levels;

g/ Survey, making of statistics, monitoring, assessment and making of a list of ozone-depleting substances and contributors to the greenhouse effect which fall under the responsibility of central agencies;

h/ Investment in projects on restoration of degraded natural ecosystems and biodiversity conservation; investment in projects on transformation of technologies for phasing out and reducing the use of controlled ozone-depleting substances and contributors to the greenhouse effect, climate change adaptation and greenhouse gas emission reduction which falls under the responsibility of central agencies.

6. Scientific research, development, transfer and application of environmental technology, climate change response and protection of the ozone layer in accordance with the laws on science and technology, and technology transfer.

7. Public communication to raise awareness about environmental protection; environmental education; dissemination of knowledge and propagation of the law on environmental protection, covering:

a/ Public communication, refresher training and further training to raise awareness and knowledge about environmental protection; dissemination and propagation of the law on environmental protection and climate change response; presentation of environmental protection and climate change response awards to individuals, organizations and communities in accordance with law;

b/ Evaluation, review and monitoring of the implementation of the law on environmental protection;

c/ Education and training on environmental protection and climate change response  which falls under the responsibility of central agencies.

8. International integration and international cooperation on environmental protection, covering:

a/ Conclusion and implementation of treaties and international agreements on environmental protection, climate change response and protection of the ozone layer;

b/ Payment of annual membership dues and other contributions (if any) in accordance with Vietnamese law, international law and commitments in treaties and international agreements on the environment, climate change response and protection of the ozone layer in accordance with Vietnam’s international commitments;

c/ Allocation of counterpart funds to ODA loan or aid-funded programs and projects on environmental protection, climate change response and protection of the ozone layer in accordance with law.

9. Other state management activities in the field of environmental protection falling under the responsibility of central agencies in accordance with law, covering:

a/ Formulation and adjustment of strategies, plans, technical regulations, processes, technical instructions, techno-economic norms, programs, schemes and projects on environmental protection and climate change response;

b/ Formulation, appraisal, approval and adjustment of the national master plan on environmental monitoring; assessment of the national environmental protection master plan, national biodiversity conservation master plan and national master plan on environmental monitoring; assessment of orientations for environmental protection and biodiversity conservation in regional master plans in accordance with the planning law;

c/ Formulation, appraisal, approval, announcement and adjustment of the national environmental protection master plan and national biodiversity conservation master plan in accordance with the planning law;

d/ Implementation of the national environmental protection master plan, national biodiversity conservation master plan and national master plan on environmental monitoring;

dd/ Assessment and forecast of surface water environment quality, sediments and load capacity of the surface water environment in inter-provincial rivers and lakes; making of statistics on, and assessment of, wastewater sources, pollution degree in inter-provincial rivers and lakes; assessment and forecast of air environment quality on an inter-provincial, inter-regional or cross-border scale; survey, assessment, classification, warning and control of soil environment pollution areas falling under the responsibility of central agencies;

e/ Receipt, verification and processing of reports and recommendations on environmental protection of organizations, individuals and resident communities;

g/ Prevention of, response to, and remediation of national-level environmental incidents;

h/ Management and publicization of environmental information; operation of information systems and databases on environment and climate change response  (including receipt, processing and exchange of information, maintenance, repair and replacement of data storage devices); updating and evaluation of statistical indicators, and making of reports on the environment and climate change response; evaluation and grading of environmental protection results;

i/ Pilot implementation, review and evaluation serving the provision of guidance on environmental protection and climate change response models;

k/ Assessment serving environmental protection certification and confirmation in accordance with law;

l/ Operation of environmental protection executive boards and standing offices as decided by competent authorities;

m/ Operation of steering committees, organization of conferences on environmental protection and climate change response under decisions of competent authorities, and performance of other tasks of administrative management nature serving the  environmental protection and climate change response;

n/ Allocation of charter capital and addition of charter capital for the Vietnam Environment Protection Fund;

o/ Performance of other state management activities for environmental protection and climate change response eligible for current expenditures falling under the responsibility of central agencies in accordance with law; and other environmental protection activities decided by the Prime Minister.

Article 152. Environmental protection activities falling under the responsibility of local agencies

1. Waste management and provision of support for waste treatment, covering:

a/ Surveys of, making of statistics on, and assessment of, environmental pollution level, monitoring of changes in environmental quality, making of lists of pollutants, solid wastes and polluting sources; assessment and forecast of the generation, collection and treatment of domestic solid wastes falling under the responsibility of local agencies;

b/ Provision of support for at-source sorting, collection, transportation and treatment of domestic solid wastes and treatment of other wastes generated in localities falling under the responsibility of local agencies;

c/ Building of, and provision of support for, public sanitation facilities, vehicles and equipment for waste collection, management and treatment in public places; facilities and equipment for on-spot wastewater treatment and waste treatment;

d/ Building, repair and renovation of technical infrastructure facilities for environmental protection of craft villages falling under the responsibility of local agencies.

2. Environmental treatment, remediation and quality rehabilitation, covering:

Treatment of pollution, environmental remediation and rehabilitation in areas of soil pollution areas as a historical issue or by unidentifiable polluters, including: areas contaminated with residues of chemicals used during the wars; areas contaminated with residues of crop protection chemicals; other contaminated areas in localities falling under the responsibility of local agencies; treatment of pollution of surface water environment in rivers and lakes in localities falling under the responsibility of local agencies.

3. Construction of technical infrastructure facilities for environmental protection; provision of equipment to protect the environment; and environmental monitoring, covering: 

a/ Investment projects on construction, renovation and upgrading of waste collection and storage systems, transshipment stations, gathering places, technical infrastructure facilities of concentrated solid waste and hazardous waste treatment zones, wastewater treatment facilities and domestic waste landfills in localities; the system of public works and equipment serving the domestic solid waste management in localities; investment in public sanitation facilities and on-spot wastewater treatment facilities meeting environmental protection requirements and managed by localities. For projects managed by enterprises, organizations and individuals, funds for their implementation shall be paid by such enterprises, organizations and individuals without the state budget’s support;

b/ Construction of technical infrastructure facilities for information systems and databases on the environment and climate change; local environmental monitoring technical infrastructure facilities; procurement, repair and upgrading of equipment and means for environmental protection work falling under the responsibility of local agencies according to investment projects;

c/ Procurement of replacement equipment; maintenance and operation of equipment and means for environmental protection work falling under the responsibility of local agencies;

d/ Operation of environmental monitoring systems under provincial-level master plans (including operation, maintenance, repair, calibration and inspection).

4. Examination, inspection and supervision of environmental protection and climate change response falling under the responsibility of local agencies and under decisions of competent authorities.

5. Conservation of nature and biodiversity; protection of the environment in natural heritages; climate change response, covering:

a/ Survey, assessment, management and protection of the environment in natural heritages; establishment, appraisal and recognition of natural heritages falling under the responsibility of local agencies;

b/ Investment in biodiversity conservation and sustainable development under Clause 2, Article 73 of the Law on Biodiversity which falls under the responsibility of local agencies;

c/ Activities of biodiversity conservation and sustainable development under Clause 3, Article 73 of the Law on Biodiversity which fall under the responsibility of local agencies (except formulation and appraisal of master plans on biodiversity conservation);

d/ Survey and making of statistics on activity data to serve national and sectoral greenhouse gas emission inventory; update of the list of greenhouse gas emitting establishments subject to greenhouse gas inventory; building and operation of provincial-level systems for greenhouse gas emission reduction measurement, reporting and appraisal;

dd/ Development of the domestic carbon market;

e/ Building of the system for surveillance and assessment of provincial-level climate change adaptation; making of reports on assessment of impacts, vulnerability, risks, losses and damage caused by climate change at provincial level;

g/ Survey, making of statistics, monitoring, assessment and making of a list of ozone-depleting substances and contributors to the greenhouse effect which fall under the responsibility of local agencies;

h/ Investment in projects on restoration of degraded natural ecosystems and biodiversity conservation; investment in projects on transformation of technologies for phasing out and reducing the use of controlled ozone-depleting substances and contributors to the greenhouse effect, climate change adaptation and greenhouse gas emission reduction which falls under the responsibility of local agencies.

6. Scientific research, development, transfer and application of environmental technology, climate change response and protection of the ozone layer in accordance with the laws on science and technology and technology transfer.

7. Public communication to raise awareness about environmental protection; environmental education; dissemination of knowledge and dissemination of the law on environmental protection, covering:

a/ Public communication, refresher training and further training to raise awareness and knowledge about environmental protection; dissemination and propagation of the law on environmental protection and climate change response; presentation of environmental protection and climate change response awards to individuals, organizations and communities in accordance with law;

b/ Assessment, review and monitoring of the implementation of the law on environmental protection;

c/ Education about and training in environmental protection and climate change response which fall under the responsibility of local agencies.

8. International integration and international cooperation on environmental protection, covering:

a/ Coordination in conclusion and implementation of treaties to which Vietnam is a contracting party upon proposals of competent central agencies; conclusion and implementation of international agreements on environmental protection, conservation of nature and biodiversity, climate change response and protection of the ozone layer;

b/ Allocation of counterpart funds to ODA loan- or aid-funded programs and projects on environmental protection, climate change response and protection of the ozone layer in accordance with law.

9. Other activities involved in the state management of environmental protection falling under the responsibility of local agencies in accordance with law, including:

a/ Formulation and adjustment of strategies, plans, technical regulations, processes, technical instructions, techno-economic norms, programs, schemes and projects on environmental protection and climate change response;

b/ Assessment of the implementation of plans on environmental protection and biodiversity conservation in provincial-level master plans;

c/ Assessment and forecast of surface water environment quality, sediments and load capacity of the surface water environment of rivers and lakes in localities; making of statistics on, and assessment of, wastewater sources, pollution degree in rivers and lakes in localities; assessment and forecast of air environment quality in localities; survey, assessment, identification and zoning of areas prone to soil environment pollution and soil environment pollution areas in localities;

d/ Receipt, verification and processing of reports and recommendations on environmental protection of organizations, individuals and resident communities; organization of seminars on environmental protection and climate change response;

dd/ Prevention of, response to, and remediation of, environmental incidents;

e/ Management and announcement of information on the environment; operation of information systems and databases on environment and climate change response (including receipt, processing, exchange of information, maintenance, repair and replacement of data storage devices); update and evaluation of statistical indicators, and making of reports on the environment and climate change response; evaluation and grading of environmental protection results;

g/ Development of environmental protection and climate change response models;

h/ Assessment serving the environmental protection certification and confirmation in accordance with law;

i/ Operation of environmental protection executive boards and standing offices decided by competent authorities;

k/ Operation of steering committees, organization of conferences on environmental protection and climate change response under decisions of competent authorities, and performance of other tasks of administrative management nature to serve the environmental protection and climate change response;

l/ Allocation of charter capital and addition of charter capital for provincial environment protection funds;

m/ Other state management activities in the field of environmental protection and climate change response eligible for current expenditures falling under the responsibility of local agencies in accordance with law; and other environmental protection activities decided by the Prime Minister.

The assignment of the above-mentioned local budgets’ environmental protection spending tasks to local budgets at all levels shall be submitted by provincial-level People’s Committee to provincial-level People’s Councils for decision.

Article 153. Resources for performance of environmental protection tasks

1. The state budget’s current expenditure for environmental protection:

a/ Non-business expenditures for environmental protection:

Expenditure for performance of tasks of central agencies specified in Article 151 of this Decree, including Clauses 1 and 2, covering investigation, survey, assessment of environmental pollution degree and treatment of environmental pollution (excluding investment projects specified in the Law on Public Investment); Points b and c, Clause 3; Clause 4; Points a and c (except Points d and g, Clause 3, Article 73 of the Law on Biodiversity), d, dd, e and g, Clause 5; Point a, Clause 7; Points a and c (counterpart funds of aid-funded projects from environmental non-business sources), Clause 8; and Points a, b, dd, e, g, h, i, k and l, Clause 9.

Expenditure for performance of tasks of local agencies specified in Article 152 of this Decree, including Points a and b, Clause 1; Clause 2, including investigation, survey, assessment of environmental pollution degree, and treatment of environmental pollution (excluding investment projects specified in the Law on Public Investment); Points c and d, Clause 3; Clause 4; Points a and c (except Points d and g, Clause 3, Article 73 of the Law on Biodiversity); Points d, dd, e and g, Clause 5; Point a, Clause 7; Points a and b (counterpart funds of aid-funded projects from environmental non-business sources), Clause 8; and Points a, b, c, d, dd, e, g, h and i, Clause 9;

b/ Expenditure for economic activities:

Expenditure for performance of tasks of central agencies specified at Point c (Point d, Clause 3, Article 73 of the Law on Biodiversity), Clause 5, Article 151 of this Decree and tasks of local agencies specified at Point c (Point d, Clause 3, Article 73 of the Law on Biodiversity), Clause 5, Article 152 of this Decree;

c/ Non-business expenditure for education and training:

Expenditure for performance of tasks of central agencies specified in Article 151 of this Decree, including Point c (Point g, Clause 3, Article 73 of the Law on Biodiversity), Clause 5, and Point c, Clause 7.

Expenditure for performance of tasks of local agencies specified in Article 152 of this Decree, including Point c (Point g, Clause 3, Article 73 of the Law on Biodiversity), Clause 5 and Point c, Clause 7;

d/ Non-business expenditure for science and technology:

Expenditure for performance of tasks of central agencies specified in Clause 6, Article 151 of this Decree and tasks of local agencies specified in Clause 6, Article 152 of this Decree;

dd/ Expenditure for administrative management:

Expenditure for performance of tasks of central agencies in Article 151 of this Decree, including Point b, Clause 7; Point b, Clause 8 and Point m, Clause 9.

Expenditure for performance of tasks of local agencies specified in Article 152 of this Decree, including Point b, Clause 7 and Point k, Clause 9.

2. The state budget’s development investment expenditure for environmental protection:

a/ Expenditure for performance of tasks of central agencies specified in Article 151 of this Decree, including Clause 2 (based on investment projects), Point a, Clause 3, Points b and h, Clause 5, and Point c, Clause 8 (counterpart funds of aid-funded projects from investment sources), Points c and n, Clause 9;

b/ Expenditure for performance of tasks of local agencies specified in Article 152 of this Decree, including Points c and d, Clause 1, Clause 2 (according to investment projects), Points a and b, Clause 3, and Points b and h, Clause 5, Point b, Clause 8 (counterpart funds of aid-funded projects from investment sources), and Point l, Clause 9.

3. Resources for the implementation of master plans specified at Point d, Clause 9, Article 151 of this Decree shall be decided by competent authorities in accordance with the laws on public investment and the state budget; the tasks specified at Point o, Clause 9, Article 151, and Point m, Clause 9, Article 152 of this Decree shall be decided by the Prime Minister.

4. Social resources mobilized for environmental protection:

a/ Capital sources of enterprises, organizations and individuals engaged in environmental protection activities;

b/ Contributions, grants and aids from organizations and individuals in accordance with law;

c/ Other revenues as specified by law (if any).

The mobilization of social resources to perform the environmental protection tasks specified in Articles 151 and 152 of this Decree must comply with the law on environmental protection and other relevant laws, except the tasks specified at Points a, b and c, Clause 9, Article 151, and Points a and b, Clause 9, Article 152, environmental protection tasks in the fields of security and national defense, and tasks requiring protection of state secrets during implementation.

5. The Ministry of Finance shall promulgate or submit to competent authorities for promulgation guidance on the making and allocation of state budget estimates for environmental protection in accordance with the laws on the state budget and environmental protection; provide guidance on spending levels and methods of making estimates for spending tasks from non-business funding sources for environmental protection.

Article 154. Projects eligible for green credit extension and green bond issuance

1. Investment projects in the field of environmental protection, investment projects bringing about environmental benefits specified in Clause 1, Article 149 or Clause 2, Article 150 of the Law on Environmental Protection and in accordance with this Decree are eligible for green credit extension and green bond issuance.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, formulating and submitting to the Prime Minister for promulgation environmental criteria for, and certification of, projects eligible for green credit extension and green bond issuance (below referred to as the green-classified list) before December 31, 2022.

3. The certification of projects on the green-classified list mentioned in Clause 2 of this Article shall be carried out at the request of investment project owners or green bond issuers who need certification to receive the State’s incentives and support for green credit loans and green bonds under this Decree.

Article 155. Mechanism to encourage green credit extension

1. To encourage credit institutions and foreign bank branches in Vietnam to prioritize arranging capital sources for financing and giving concessional loans to projects on the green-classified list.

2. Credit institutions and foreign bank branches in Vietnam that provide green credits are entitled to the following incentives:

a/ Priority in receiving concessional loans from the Government, international organizations and development partners;

b/ To receive support from competent state agencies for training and refresher training in green credit extension.

Article 156. Roadmap for green credit extension

1. Based on the task of supporting the socio-economic development, the State Bank of Vietnam shall direct and guide credit institutions and foreign bank branches in Vietnam to arrange appropriate capital sources to provide concessional loans to owners of projects on the green-classified list specified in Clause 2, Article 154 of this Decree.

2. The Ministry of Finance, Ministry of Planning and Investment and State Bank of Vietnam shall base themselves on their functions and tasks to assist credit institutions and foreign bank branches in Vietnam in receiving foreign aid and concessional loans to finance projects on the green-classified list specified in Clause 2, Article 154 of this Decree in accordance with the laws on the state budget and public investment and other relevant laws.

3. Based on the state budget balance and practical credit extension of the banking system for projects on the green-classified list, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, formulating and submitting to the Prime Minister for consideration and decision on the interest rate support for projects on the green-classified list after completely performing medium- and long-term loan contracts at credit institutions and foreign bank branches in Vietnam for implementation from January 1, 2026.

Article 157. Green bonds

1. Green bonds are bonds issued by the Government, local administrations and enterprises to mobilize capital for projects on the green-classified list specified in Article 154 of this Decree.

2. The issuance of green bonds must comply with the regulations on bond issuance, the Law on Environmental Protection and this Decree.

3. Proceeds from the issuance of green bonds shall be used to implement projects on the green-classified list specified in Clause 2, Article 150 of the Law on Environmental Protection.

4. Pursuant to the provisions on projects on the green-classified list specified of Clauses 1 and 2, Article 154 of this Decree, the Ministry of Planning and Investment shall guide the classification of projects on the green-classified list for inclusion in the list of public investment when formulating medium-term and annual public investment plans for selection by the Government and local authorities upon the issuance of green bonds.

5. Green bond issuers shall provide and announce information in accordance with the law on bond issuance and provide information under Clauses 6 and 7 of this Article.

6. Annually, until bonds’ maturity, green bond issuers shall announce and provide information on the assessment of impacts of projects using funds raised through green bond issuance as follows:

a/ Information to be provided includes the decision approving appraisal results of the environmental impact assessment report (if any) and environmental license (if any); results of the assessment of environmental benefits of projects using funds raised through green bond issuance specified in Clause 2, Article 150 of the Law on Environmental Protection and Clause 2, Article 154 of this Decree;

b/ Green bond issuers shall disclose information in accordance with the law on corporate bond issuance and the contents specified at Point a of this Clause;

c/ Owners of investment projects using funds raised through green bond issued by the Government or local authorities shall provide information specified at Point a of this Clause to State Treasury offices (for green bonds issued by the Government), or provincial-level People’s Committees (for green bonds issued by local administrations) in order to publicize such information on websites of State Treasury offices and provincial-level People’s Committees.

7. The regime of disclosure and reporting of information on the management and disbursement of funds raised through green bond issuance is provided as follows:

a/ Bond issuers being enterprises shall implement the regime of disclosure and reporting of information on the management and disbursement of funds raised through the green bond issuance in accordance with the law on corporate bond issuance;

b/ Annually, State Treasury offices and provincial-level People’s Committees shall announce information on the capital disbursement for projects on the green-classified list using funds raised through green bond issuance by the Government and local administrations on their websites.

8. Green bond issuers and investors that purchase green bonds are entitled to the following incentives:

a/ To enjoy preferential service prices in accordance with the law on service prices in the field of securities and other supports and incentives in accordance with law;

b/ To be given priority in allocating sufficient capital amounts according to the project implementation progress under medium-term and annual public investment plans, for public investment projects using funds raised through green bond issuance by the Government or local administrations.

Article 158. Funds for operation of the Vietnam Environmental Protection Fund

1. Equity includes:

a/ The Fund’s minimum charter capital which is VND 3 trillion, formed from the following sources: charter capital allocated by the state budget and development investment funds before the effective date of this Decree; addition from development investment funds; state budget allocations from public investment sources as specified by law.

Any change in the charter capital amount of the Vietnam Environmental Protection Fund shall be decided by the Prime Minister.

b/ The development investment fund;

c/ Other capital sources owned by  the Fund as specified by law.

2. Other capital sources include: sponsorship, aid, voluntary contributions, investment trusts of domestic and foreign organizations and individuals for environmental protection and climate change response; the Fund’s operating capital allocated by a competent agency before the effective date of this Decree; and other capital sources as specified by law.

3. The Prime Minister shall decide on organization, operation and financial mechanism of the Vietnam Environmental Protection Fund.

Article 159. Funds for operation of provincial-level environmental protection funds.

1. Equity includes:

a/ The minimum charter capital of a fund which is VND 30 billion. For a fund with a charter capital of under VND 30 billion, there must be a roadmap to increase its charter capital within 5 years from the effective date of this Decree. A fund’s charter capital shall be formed from the following sources: charter capital allocated by the state budget and a development investment fund before the effective date of this Decree; addition from a development investment fund; state budget allocations from public investment sources in accordance with law.

Any change in charter capital amounts of provincial-level environmental protection funds shall be decided by provincial-level People’s Committee chairpersons.

b/ Development investment fund;

c/ Other capital sources owned by funds as specified by law.

2. Other capital sources include sponsorship, aid, voluntary contributions, investment trusts of domestic and foreign organizations and individuals for environmental protection and climate change response; the Fund’s operating capital allocated by a competent agency before the effective date of this Decree; and other capital sources as specified by law.

3. Provincial-level People’s Committee chairpersons shall decide on organization, operation and financial mechanism of provincial-level environmental protection funds.

Chapter XII. STATE MANAGEMENT, INSPECTION, EXAMINATION AND PROVISION OF ONLINE PUBLIC SERVICES ON ENVIRONMENTAL PROTECTION

Section 1. STATE MANAGEMENT OF ENVIRONMENTAL PROTECTION

Article 160. Responsibilities of ministries and ministerial-level agencies in the state management of environmental protection

Ministries and ministerial-level agencies shall assume the prime responsibility for, and coordinate with one another in, performing their assigned tasks of state management of environmental protection in accordance with the Law on Environmental Protection and this Decree, specifically as follows:

1. General responsibilities of ministries and ministerial-level agencies in the state management of environmental protection:

a/ To assume the prime responsibility for formulating and promulgating according to their competence, and organizing the implementation of, technical regulations and technical instructions on reuse, recycling and use of wastes as raw materials and materials for production, business or service provision in sectors and fields under their management in accordance with law; to assume the prime responsibility for formulating and implementing programs, schemes and projects on environmental protection in the fields and sectors under their management as assigned by competent agencies; to coordinate with one another in formulating, guiding, and organizing the implementation of, legal documents on environmental protection, environmental standards and national technical regulations, strategies, master plans and plans on environmental protection;

b/ To guide, and build capacity for, and organize the implementation of, prevention and warning of risks of, and response to, environmental incidents; to organize the reuse and recycling of wastes, and environmental protection for persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants in sectors and fields under their management in accordance with law;

c/ To inspect the implementation of legal documents which they are assigned to assume the prime responsibility for formulating and promulgating in accordance with the Law on Environmental Protection and this Decree in inspection activities in sectors and fields under their management; to coordinate with one another in inspecting the implementation of the law on environmental protection in accordance with law;

d/ To incorporate, and organize the development of, the circular economy, investment and development of natural capital in development strategies, master plans, plans, programs and projects in sectors and fields under their management in accordance with law; to incorporate environmental protection requirements in strategies, master plans and investment activities in sectors and fields under their management;

dd/ To organize environmental monitoring to serve the management of sectors and fields in accordance with law; to build or coordinate with one another in building environmental databases according to their competence and integrate such databases into the national environmental database;

e/ To invest in, build, manage, operate, provide and update environmental information and databases in sectors and fields under their management in accordance with law;

g/ To organize public communication and dissemination of knowledge and dissemination of the law on environmental protection in sectors and fields under their management;

h/ To undertake international integration and cooperation on environmental protection; to incorporate environmental protection requirements in treaties and international trade agreements in sectors and fields under their management;

i/ To coordinate with one another in formulating and implementing plans on management of surface water and air environment quality, and plans on treatment, improvement and  rehabilitation of soil environment in polluted areas.

k/ To perform other tasks as specified in the Law on Environmental Protection and this Decree.

2. Specific state management responsibilities of ministries and ministerial-level agencies for environmental protection:

a/ The Ministry of Industry and Trade shall direct the development of the environmental industry; coordinate with other ministries and agencies in organizing the fulfillment of environmental protection requirements in the management of chemicals, export, import, production, trading and use of persistent pollutants, raw materials, fuels, materials, products, goods and equipment containing persistent pollutants in accordance with law;

b/ The Ministry of Construction shall formulate and promulgate according to its competence and guide the implementation of standards and technical regulations on designs of solid waste collection systems suitable to the at-source solid waste sorting for commercial-cum-residential buildings, office-cum-residence buildings, and multifunctional high-rise complexes; provide guidance on technical infrastructure facilities for collection and drainage of wastewater of urban centers and concentrated residential areas;

c/ The Ministry of Agriculture and Rural Development shall organize the formulation and promulgation according to its competence and guide the implementation of standards and technical regulations; direct and organize the management of sludge dredged from canals, ditches and hydraulic structures up to environmental protection requirements; guide the collection and treatment of livestock waste and agricultural by-products for reuse for other purposes; formulate, promulgate, or propose competent authorities to promulgate, and organize the implementation of,  rural development mechanisms and policies in association with environmental protection and climate change response; organize the implementation of environmental monitoring programs to serve the sectoral management in accordance with law;

d/ The Ministry of Transport shall formulate and promulgate national technical regulations on technical safety and environmental quality and protection requirements for means of transport in accordance with law; direct and organize the dredging of water areas of seaports and inland waterways in accordance with law; promulgate, or propose competent authorities to promulgate, and organize the implementation of, mechanisms and policies on conversion and elimination of fossil fuel-powered vehicles and polluting vehicles; organize the environmental protection, climate change response, and protection of the ozone layer in maritime and aviation activities in accordance with treaties to which Vietnam is a contracting party, and other fields under its management;

dd/ The Ministry of Health shall guide, and organize the implementation of, the regulations on waste management and environmental protection within premises of hospitals and medical establishments; environmental protection in disease prevention and control; provide for burial and cremation of bodies of those who died from dangerous epidemics; guide, and organize the implementation of, contents on control of environmental pollution impacts on human health in accordance with law; guide, collect information and build databases on, and report on the use of, chemicals, insecticidal and germicidal preparations for household and medical use in accordance with law; organize the implementation of environmental monitoring programs serving sectoral management in accordance with law;

e/ The Ministry of Culture, Sports and Tourism shall organize the implementation of regulations on environmental protection in cultural, sports and tourism activities; develop eco-friendly tourist accommodations and tourist service establishments;

g/ The Ministry of Science and Technology shall appraise technical regulations on environment, announce national standards on environment in accordance with the laws on standards and technical regulations and environmental protection; coordinate with other ministries in formulating, promulgating and implementing state-of-the-art techniques in accordance with law; organize the implementation of environmental monitoring programs serving sectoral management in accordance with law;

h/ The Ministry of Education and Training shall organize the incorporation of knowledge about the environment and environmental protection in the formulation and implementation of education and training programs at all school grades and training levels; develop human resources for environmental protection in accordance with law; organize the implementation of policies and laws on environmental protection in schools, educational and training institutions;

i/ The Ministry of Finance shall formulate, promulgate, or submit to competent authorities for promulgation, regulations on management and use of environmental protection deposits, establishment of the domestic carbon market, financial management mechanism for environmental protection funds, and green procurement in accordance with law; summarize needs for, and submit to competent agencies for allocation of, the state budget’s current expenditure for environmental protection in accordance with law; organize the implementation of policies and laws on environmental protection in the field of customs;

k/ The Ministry of Planning and Investment shall summarize needs for, and submit to competent agencies for allocation of, development investment capital to fulfill requirements, achieve objectives and tasks, implement solutions, and use resources for environmental protection in strategies, master plans, plans, programs, schemes and projects for socio-economic development and environmental protection in accordance with law; formulate, promulgate, or propose to competent agencies for promulgation mechanisms and policies on green procurement;

l/ The State Bank of Vietnam shall guide, and organize the implementation of, policies on management of environmental risks in green credit extension; encourage to finance and provide concessional loans for projects eligible for green credit extension in accordance with law.

Article 161. Responsibilities to create conditions for socio-political organizations, socio-political-professional organizations and socio-professional organizations to participate in environmental protection

1. State management agencies in charge of environmental protection at all levels shall create conditions for socio-political organizations, socio-political-professional organizations and socio-professional organizations to exercise the rights specified in Clause 2, Article 158 of the Law on Environmental Protection.

2. In addition to the provisions of Clause 1 of this Article, state management agencies in charge of environmental protection at all levels shall consider and create conditions for socio-political organizations to exercise the following rights in environmental protection:

a/ Accessing financial resources in the use of environmental non-business funds;

b/ Attending further training courses to improve legal knowledge on environmental protection.

Section 2. ENVIRONMENTAL PROTECTION-RELATED INSPECTION AND EXAMINATION

Article 162. Specialized inspection on environmental protection

1. Specialized inspection on environmental protection must comply with the law on inspection and the special provisions in the field of environmental protection mentioned in Clauses 2 and 3 of this Article.

2. Regular inspection on environmental protection means the inspection of observance of the law on environmental protection by an organization or individual for 3 consecutive years in order to prevent, detect and handle violations, and help the organization and individual strictly comply with the law on environmental protection.

Regular inspection shall be carried out by agencies assigned to perform the specialized inspection on environmental protection at the request of heads of immediate superior state management agencies in charge of environmental protection and must meet the following requirements and contents:

a/ Subject to regular inspection are organizations and individuals that carry out production, business and service activities likely to cause environmental pollution at level I as provided in Column 3, Appendix II to this Decree, and concurrently fall into cases of recidivism or repeated violation as specified in the law on handling of administrative violations;

b/ Regular inspection activities shall be included in plans for at most 3 consecutive years as decided by heads of competent state management agencies. Regular inspection plans shall be incorporated in the process of formulating and approving plans on inspection and examination on environmental protection, ensuring non-overlap with planned inspection and examination activities of the Ministry of Natural Resources and Environment or provincial-level People’s Committees;

c/ The formation and organization of regular inspection teams are the same as those for planned inspection activities in accordance with the law on inspection.

3. Unscheduled inspection on environmental protection shall be carried out in accordance with the law on inspection; the case of unscheduled inspection without advance announcement of a decision on formation of an inspection team as specified at Point b, Clause 2, Article 160 of the Law on Environmental Protection is specified as follows:

a/ The decision on formation of the inspection team is not announced in advance when there are grounds to believe that the advance announcement is likely to enable the inspection-liable subject to conceal or disperse documents or evidence related to its/his/her illegal acts, thus reducing the operational efficiency of the inspection team, or it is so requested by the inspection decision issuer;

b/ After showing the inspection decision, the head of the inspection team may immediately access  the area where wastes are generated, area with wastewater and emission collection and treatment facilities and equipment and discharge points, and other areas stated in the inspection decision to carry out inspection activities according to his/her competence;

c/ In case the inspection-liable subject has uncooperative acts or obstructs unscheduled inspection activities, the head of the inspection team shall coordinate with the people’s public security office or commune-level People’s Committee in taking professional measures under regulations to access the site to serve the inspection and make a minutes of the case;

d/ The at-law representative of the inspected organization or individual shall sign a working minutes and a minutes of taking environmental samples; in case the at-law representative is absent, a representative of the inspected organization or individual who is present at the site shall sign the minutes. If there is no representative of the inspected organization or individual or the representative of the inspected organization or individual refuses to sign the minutes, a representative of the commune-level People’s Committee or commune-level public security office is requested to sign the minutes as a witness;

dd/ Within 3 days after taking measures to ensure that the inspected subject does not disperse documents or evidence related to its/his/her illegal acts, thus reducing the operational efficiency of the inspection team, the head of the inspection team shall announce the inspection decision, unless the at-law representative of the inspected subject is absent. The order and procedures for announcing the inspection decision must comply with the law on inspection;

e/ The inspected organization or individual shall create necessary conditions for the inspection team to perform its tasks after the latter has produced the inspection decision; and shall, depending on the severity of its/his/her violation, be handled when committing acts of obstructing the operation of the inspection team;

g/ Members of the inspection team and related civil servants and public employees may not disclose or provide information about the process of proposing and issuing the unscheduled inspection decision, formulating and approving the inspection plan and announcing the inspection decision to the inspected subject for the case specified in this Clause.

Article 163. Examination of the observance of the law on environmental protection

1. Responsibilities for and forms of examining the observance of the law on environmental protection:

a/ The competent agencies specified in Clause 1, Article 160 of the Law on Environmental Protection shall organize and direct the examination of the observance of the law on environmental protection by organizations, households and individuals;

b/ Forms of examining the observance of the law on environmental protection include periodical examination or unscheduled examination.

Periodical examination shall be carried out according to plans approved by competent agencies.

Unscheduled examination by state management agencies in charge of environmental protection must comply with Point a, Clause 3, Article 160 of the Law on Environmental Protection. Unscheduled examination without advance announcement of a decision on formation of an examination team shall be carried out when there are grounds to believe that the advance announcement is likely to enable the examined subject to conceal or disperse documents or evidence related to its/his/her illegal acts, thus reducing the operational efficiency of the examination team, or it is so requested by the examination decision issuer.

The Environmental Crime Prevention and Combat Police Force shall carry out unscheduled examination when having the grounds specified at Point b, Clause 3, Article 160 of the Law on Environmental Protection.

2. Competence to examine the observance of the law on environmental protection:

a/ The Minister of Natural Resources and Environment shall form an unscheduled examination team without advance announcement as specified at Point a, Clause 3, Article 160 of the Law on Environmental Protection;

b/ The head of the agency having the function to examine the observance of the law on environmental protection under the Ministry of Natural Resources and Environment may form a team to examine the observance of the law on environmental protection, except the case specified at Point a of this Clause;

c/ The head of the agency having the function to examine observance of the law on environmental protection under the Ministry of National Defense may form and organize a team to examine the observance of the law on environmental protection for investment projects and establishments involving state secrets concerning national defense;

d/ The head of the agency having the function to examine observance of the law on environmental protection under the Ministry of Public Security may form and organize a team to examine the observance of the law on environmental protection for investment projects and establishments involving state secrets concerning security;

dd/ Heads of public security agencies or environmental crime prevention and combat police units may form and organize teams to examine the observance of the law on environmental protection in accordance with this Decree and the law on environmental crime prevention and combat police forces, except the case specified at Point d of this Clause;

e/ Chairpersons of provincial- and district-level People’s Committees may form unscheduled examination teams without advance announcement under Point a, Clause 3, Article 160 of the Law on Environmental Protection;

g/ Heads of agencies having the function to examine observance of the law on environmental protection under provincial- and district-level People’s Committees may form teams to examine the observance of the law on environmental protection in their localities, except the case specified at Point e of this Clause;

h/ Chairpersons of commune-level People’s Committees may form examination teams and examine the observance of the law on environmental protection by households, individuals and subjects from which/whom they are competent to receive environmental registrations in localities.

3. Competence to approve periodical examination plans:

a/ The Minister of Natural Resources and Environment may approve his/her Ministry’s plans on examination of the observance of the law on environmental protection;

b/ The Minister of National Defense may approve plans on examination of the observance of the law on environmental protection for investment projects and establishments involving state secrets concerning national defense;

c/ The Minister of Public Security may approve plans on examination of the observance of the law on environmental protection for investment projects and establishments involving state secrets concerning security;

d/ Chairpersons of provincial-level People’s Committees may approve plans on examination of the observance of the law on environmental protection by agencies having the function to examine  observance of the law on environmental protection under provincial-level People’s Committees;

dd/ Chairpersons of district-level People’s Committees may approve plans on examination of the observance of the law on environmental protection by agencies having the function to examine the observance of the law on environmental protection under district- and commune-level People’s Committees.

4. Plans on examination of the observance of the law on environmental protection shall be incorporated in the process of formulating and approving plans on inspection on environmental protection, ensuring no overlap between examination plans and inspection plans, between the examination plan of the Ministry of Natural Resources and Environment and examination plans of provincial-level People’s Committees, except cases of unscheduled inspection and examination specified in Clause 3, Article 162 of this Decree and at Point b, Clause 1 of this Article.

5. Order and procedures for examining the observance of the law on environmental protection:

a/ Ministers, chairpersons of People’s Committees at all levels specified in Clause 1, Article 160 of the Law on Environmental Protection or heads of competent agencies or competent persons as specified by law shall issue decisions to examine the observance of law on environmental protection;

b/ An examination decision must clearly state the following principal contents: date of issuance; grounds for issuance; form of examination (clearly stating periodical examination or unscheduled examination); full names of individuals and names of organizations and representatives of households; examination site; full names and position of the head and members of the examination team; full name and position of the decision issuer; examination contents; and examination duration.

When deeming it necessary to assess professional and technical contents as a basis for making a conclusion, the head of the inspection team shall request the examination decision issuer to solicit functional organizations for assessment, inspection, monitoring, measurement and analysis of environmental samples. The solicitation of assessment must be made in writing, clearly stating requirements, contents and time of assessment, and agencies or organizations conducting the assessment, or stated in the examination decision as specified in this Clause. Organizations conducting assessment, inspection, monitoring, measurement and analysis of environmental samples shall take responsibility before law for the accuracy, objectivity and promptness of their assessment results;

c/ Composition of an examination team:

An examination team of the Ministry of Natural Resources and Environment, provincial-level People’s Committee or district-level People’s Committee shall be composed of cadres, civil servants and public employees of the agency having issued the examination decision; experts in case of necessity and other members as decided by the person competent to form the examination team; representatives of agencies coordinating in the examination, representatives of the Environmental Crime Prevention and Combat Police Force, and representatives of same-level specialized agencies in the sectors and fields related to the examination contents and examined subject, except case of unscheduled examination or in case such agencies issue documents to refuse to send their representatives to join the examination team. Same-level specialized agencies in related sectors and fields shall appoint their representatives to join the examination team at the request of competent state agencies; in case of failure to appoint their representatives, within 3 days after receiving the request for the appointment, they shall reply in writing.

An examination team of a commune-level People’s Committee shall be composed of cadres, civil servants and public employees of the agency having issued the examination decision, a representative of the superior specialized agency in charge of environmental protection and other members as decided by the chairpersons of the commune-level People’s Committee.

The composition of an examination team of the Environmental Crime Prevention and Combat Police Force shall be decided by the head of a competent agency or a competent person specified at Point dd, Clause 2 of this Article; a representative of the same-level specialized agency in charge of environmental protection may be invited to join the examination. The specialized agency in charge of environmental protection shall appoint its staff members to coordinate with the examination team when receiving a request from the Environmental Crime Prevention and Combat Police Force for organization of the examination team; if refusing to send its staff members, such agency shall promptly reply in writing to the Environmental Crime Prevention and Combat Police Force. The composition of the first working session of the examination team shall be decided by the head of the examination team.

Members of the examination team specified in this Clause who do not join the team shall send a written report to the head of the examination team;

d/ Examination contents:

Examining  the observance of the law on environmental protection to meet the requirement on state management of environmental protection; examining activities related to signs of criminal activities and violations related to environmental crimes, activities related to denunciations and reports on crimes, petitions for prosecution or reports on violations related to environmental crimes;

d/ Examination duration:

The duration of an examination for an organization, a household or an individual lasts no more than 7 days from the date of commencement of the examination at the site. For complicated cases with a large scope of examination, the examination duration is 15 days from the date of commencement of the examination. The examination duration does not include the time for analysis, assessment and inspection of environmental samples (if any).

The form of decision on formation of an examination team shall be issued by the Ministry of Natural Resources and Environment;

e/ The examination decision shall be sent to the examination-liable subject within 5 days from the date of issuance, except case of unscheduled inspection without advance announcement as specified at Point a, Clause 3, Article 160 of the Law on Environmental Protection, and the law on environmental crime prevention and combat police force and other relevant laws. The head of the examination team shall conduct examination within 10 days after the examination decision is issued;

g/ In case of unscheduled examination without advance announcement, after producing the examination decision, the head of the examination team may immediately access the area where wastes are generated, area with wastewater and emission collection and treatment facilities and equipment and discharge points, and other areas within the scope stated in the examination decision to carry out examination activities according to his/her competence. Examined organizations, households and individuals shall appoint their representatives to show up immediately to work with the examination team and comply with requests of the examination team to ensure that the examination is carried out in conformity with contents, requirements, order and procedures specified in relevant legal documents and the examination decision.

In case an examined subject has uncooperative acts or obstructs unscheduled examination activities, the head of the examination team shall coordinate with the commune-level public security force or People’s Committee in taking professional measures under regulations to access the site to serve the examination and make a minutes of the case;

At-law representatives of the inspected organizations or individuals shall sign the working minutes and minutes of taking environmental samples; in case the at-law representatives are absent, representatives of organizations, households or individuals who are present at the site shall sign the minutes. If there is no representatives of the examined organizations, households or individuals or such representatives refuse to sign the minutes, a representative of the commune-level People’s Committee or commune-level public security office shall sign the minutes as a witness;

h/ The examination must be recorded in a minutes signed by the head of the examination team and at-law representative of the examined organization and sealed under regulations, and representatives of examined households and individuals shall sign and write their full names; 

i/ During the examination, based on the actual situation, the head of the examination team shall propose the head of an agency or a person competent to issue the examination decision to issue an unscheduled inspection decision according to his/her competence or propose a competent person to organize an unscheduled inspection of the examined organizations, households and individuals as specified in Clause 3, Article 162 of this Decree.

6. Processing of examination results:

a/ During the examination, if detecting violations of the law on environmental protection committed by organizations, households or individuals, a competent person on duty shall make a minutes of administrative violations and forward them to a competent person for handling in accordance with the law on handling of administrative violations;

b/ The examination results must be notified in writing by the head of an agency or a person competent to issue the examination decision and sent to the examined organizations, households and individuals and related agencies and units. The time limit for notification of examination results is 15 days from the date of completing the examination and obtaining results of environmental sample analysis (if any), for a case other than that specified at Point a of this Clause, or 15 days from the date the person competent to sanction administrative violations decides on the handling of violations in accordance with the law on handling of administrative violations, for the case specified at Point a of this Clause;

c/ Notification of results of examination of the observance of the law on environmental protection must be sent to the same-level specialized agency in charge of environmental protection, except results of examination of the observance of the law on environmental protection for projects and establishments involving state secrets concerning national defense or security.

7. The Minister of National Defense and Minister of Public Security shall prescribe a number of special cases in the order and procedures for organization of environmental protection-related examination teams for projects and establishments involving state secrets concerning national defense or security.

Article 164. Coordination mechanism in examination and inspection activities

1. The examination, inspection, and sanctioning of administrative violations in the field of environmental protection must adhere to the principles that they do neither overlap nor affect normal production, business or service activities of related organizations and individuals as specified in Clause 4, Article 160 of the Law on Environmental Protection and Articles 162 and 163 of this Decree.

2. The Ministry of Natural Resources and Environment shall uniformly direct and organize the examination and inspection on environmental protection nationwide, ensuring the coordination among inspection and examination forces, specifically as follows:

a/ To guide and direct provincial-level People’s Committees to formulate, approve, and organize the implementation of, plans on examination and inspection of the observance of the law on environmental protection; to guide the process and professional activities in examination, inspection, and sanctioning of administrative violations in the field of environmental protection, except examination and inspection for investment projects and establishments involving state secrets concerning national defense or security;

b/ To coordinate and direct the state management agencies in charge of environmental protection at all levels to coordinate with people’s public security forces in detecting, stopping, fighting and preventing crimes and violations of the law on environmental protection; to promptly provide information on individuals’ and organizations’ signs of crimes in the field of environmental protection to people’s public security forces in accordance with law; to provide information on plans on inspection and examination on environmental protection for the same-level Environmental Crime Prevention and Combat Police force at the same level for coordination;

c/ To take charge of handling cases of overlap in examination, inspection, and handling of violations of the law on environmental protection; to summarize, and direct the publicization of, results of handling violations of the law on environmental protection in accordance with law;

d/ To direct agencies assigned to perform the function of inspecting and subordinate agencies with the function of examining the observance of the law on environmental protection to appoint their representatives to join examination teams when receiving a request from the Environmental Crime Prevention and Combat Police force for organization of the examination teams; to promptly reply in writing in case of refusal to appoint their representatives.

dd/ To perform other coordination responsibilities as specified at Point d, Clause 2, Article 160 of the Law on Environmental Protection.

3. The Ministry of Public Security shall ensure the coordination between the Environmental Crime Prevention and Combat Police Force and competent state agencies’ forces in charge of examining and inspecting the observance of the law on environmental protection, specifically as follows:

a/ To direct the Environmental Crime Prevention and Combat Police Force to examine the observance of the law on environmental protection by organizations and individuals under Point b, Clause 3, Article 160 of the Law on Environmental Protection; not to examine subjects included in annual examination and inspection plans approved by the Ministry of Natural Resources and Environment or provincial- or district-level People’s Committees, except cases of detecting signs of crimes on environmental protection or complying with the law on criminal procedure or having to immediately stop the ongoing violations causing environmental pollution; to coordinate with other functional agencies in examining the observance of the law on environmental protection in accordance with this Decree;

b/ To provide or direct the Environmental Crime Prevention and Combat Police Force to provide information on violations of the law on environmental protection by subjects included in annual examination and inspection plans of state management agencies in charge of environmental protection;

c/ In the course of carrying out examination on environmental protection according to its competence, the Environmental Crime Prevention and Combat Police Force shall notify in writing to the same-level specialized agency in charge of environmental protection for coordination;

d/ Before December 20 every year, the Environmental Crime Prevention and Combat Police Force shall send a document on summarization of results of examination and handling of violations of the law on environmental protection to the same-level state management agency in charge of environmental protection for summarization and monitoring.

4. People’s Committees at all levels shall:

a/ Direct same-level specialized agencies in charge of environmental protection to promptly provide information on individuals’ and organizations’ signs of crimes in the field of environmental protection for the Environmental Protection Crime Prevention and Combat Police Force; coordinate with the Environmental Protection Crime Prevention and Combat Police Force in examining the observance of the law on environmental protection in accordance with this Decree; and provide information on plans on inspection and examination on environmental protection for the same-level Environmental Crime Prevention and Control Police Force for coordination;

b/ Direct agencies assigned the function of inspecting and agencies with the function of examining the observance of the law on environmental protection to appoint their representatives to join examination teams when receiving a request from Environmental Crime Prevention and Combat Police Force on the organization of examination teams; promptly reply in writing in case of refusal to appoint their representatives;

c/ Before December 20 every year, agencies assigned to perform the function of inspecting and agencies with the function of examining the observance of the law on environmental protection at all levels shall send reports on summarization of results of examination and handling of violations of the law on environmental protection to superior-level state management agencies in charge of environmental protection for summarization and monitoring.

Section 3. PROVISION OF ENVIRONMENT-RELATED ONLINE PUBLIC SERVICES

Article 165. Principles of providing environment-related online public services

1. State agencies shall develop, provide and perform environment-related online public services in accordance with this Decree and competent state agencies’ plans and roadmaps, ensuring the interconnection, interoperability and integration between the Vietnam National Single Window and the National Public Service Portal. Organizations and individuals are encouraged to perform environment-related online public services.

2. Environment-related online public services concerning exported, imported and transited goods must comply with regulations on administrative procedures under the national single window mechanism and ASEAN single window mechanism and specialized inspection for exported and imported goods; other online public services must comply with regulations on performance of administrative procedures in the electronic environment.

3. In case of notifying paper-based results of settlement of administrative procedures, the procedure-settling agencies shall digitalize results for storage in single-window e-information systems under regulations and make inter-agency connection with public service portals of superior agencies. In case of notification of e-results of settlement of administrative procedures, if organizations or individuals request notification of paper-based results, the procedure-settling agencies shall convert e-results into paper-based results in accordance with the Government’s regulations on performance of administrative procedures in the electronic environment.

Article 166. Responsibilities for providing environment-related online public services

1. The Ministry of Natural Resources and Environment shall organize the development and provision of online public services for environmental administrative procedures at the central level and administrative procedures to be provided in a centralized manner under the Prime Minister’s decisions; and coordinate with the Ministry of Finance and Government Office in establishing requests and making interconnection and interoperability.

2. Provincial-level People’s Committees shall organize the development and provision of online public services for environmental administrative procedures in their localities, except administrative procedures that are provided in a centralized manner as specified in Clause 1 of this Article, ensuring the synchronicity and interconnection and interoperability with the environment-related online public service provision system of the Ministry of Natural Resources and Environment.

Chapter XIII. IMPLEMENTATION PROVISIONS

Article 167. To amend, supplement or annul a number of legal documents on environmental protection

1. To amend and supplement a number of articles of the Government’s Decree No. 201/2013/ND-CP of November 27, 2013, detailing the implementation of a number of articles of the Law on Water Resources, as follows:

a/ To amend and supplement Clause 8, Article 2 as follows:

“8. Funds for collection of opinions shall be paid by investment project owners. The collection of opinions from representatives of related resident communities, organizations and individuals in discharge of wastewater into water sources that exert great impacts on production activities and people’s lives in localities must comply with the provisions on consultation in environmental impact assessment in the Law on Environmental Protection and this Decree”;

b/ To amend and supplement Article 15 as follows:

“Article 15. Water resource licenses

1. Water resource licenses include license for exploration of groundwater; license for exploitation and use of surface water; license for exploitation and use of groundwater; and license for exploitation and use of seawater.

2. A water resource license must have the following principal contents:

a/ Name and address of the license holder;

b/ Name and location of the water exploration and exploitation facility;

c/ Water sources to be explored and exploited;

d/ Scale, capacity, flow, and major parameters of the water exploration and exploitation facility; use purpose, for licenses for water exploitation and use;

dd/ Regime for and method of water exploitation and use;

e/ Validity period of the license;

g/ Specific requirements and conditions for each case of exploration, exploitation and use of water resources as prescribed by the agency granting environmental licenses for the purpose of protecting water sources and guaranteeing lawful rights and interests of other related organizations and individuals;

h/ Rights and obligations of the license holder.”;

c/ To amend and supplement Clause 2, Article 20 as follows:

“2. Having a scheme or report conformable with the approved master plan on water resources or with the capacity of water sources in case no master plan on water resources has been approved yet. The scheme or report must be prepared by an organization or individual that fully meets the capacity conditions specified by the Ministry of Natural Resources and Environment; information and data used to prepare the scheme or report must be complete, clear, accurate and truthful.

Plans for design of facilities or water resource exploitation facilities must be conformable with the scale and objects of exploitation and meet requirements for protection of water resources.”;

d/ To amend and supplement Clause 4, Article 23 as follows:

“4. Contents of a license that are not permitted to be modified:

a/ Water sources for exploitation and use;

b/ Volume of exploited or used water, which exceeds 25% as specified in the license;

In case it is necessary to modify the contents specified in this Clause, the license holder shall prepare a dossier of application for a new license.”;

dd/ To replace a number of phrases in the articles, clauses and points below:

Toreplace the phrase “exploitation and use of water resources, discharge of wastewater into water sources” stated in Article 1; the name, and Point e, Clause 3, of Article 2; Clause 1, Article 3; Article 16; Clause 4, Article 18; Point d, Clause 1, Article 19; Article 22; Point b, Clause 2, Article 24; Point b, Clause 1, Article 27; Article 35; Article 36; Clause 4, Article 44; Clause 4, Article 45, with the phrase “exploitation and use of water resources”.

To replace the phrase “exploitation and use of inter-provincial water sources, discharge of wastewater into inter-provincial water sources” stated at Point b, Clause 4, Article 2 with the phrase “exploitation and use of inter-provincial water sources”.

Toreplace the phrase “exploitation and use of water, discharge of wastewater” stated at Point dd, Clause 1, Article 19 with the phrase “exploitation and use of water”;

e/ To annul Point d, Clause 1, Article 2; Point b, Clause 1, Article 3; Clause 3, Article 16; Clause 2, Article 19; Clause 3, Article 20; Point d, Clause 1, Article 21; Clause 3, Article 23; Points g and h, Clause 1, Article 28; and Article 33;

g/ To annul the provisions on the order and procedures for grant, extension and modification of licenses for discharge of wastewater into water sources in Articles 35 and 36.

2. To amend and supplement a number of articles of the Government’s Decree No. 67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work, as follows:

a/ To amend and supplement Point a, Clause 1, Article 16 as follows:

“a/ The Ministry of Agriculture and Rural Development may grant, re-grant, extend, modify, suspend or revoke licenses for the activities specified in Clauses 1, 2, 3, 6, 9 and 10, Article 13 of this Decree within the protection corridors of ​​hydraulic structures managed by the Ministry;”;

b/ To amend and supplement Clause 2, Article 18 as follows:

“2. The license-granting agency shall decide on the change of the validity period of a license in case the hydraulic structure faces safety risks; or activities within the protection corridor of the hydraulic structure affect the operation of the hydraulic structure.”;

c/ To amend and supplement Clauses 3 and 4, Article 19 as follows:

“3. Licensed scope of operation.

4. Scale, capacity and main specifications of licensed activities.”

d/ To amend and supplement Clause 2, Article 28 as follows:

“2. Additional construction drawings or additional investment project, for the cases of request for modification of licenses specified in Clauses 1, 2, 3, 6 and 10, Article 13 of this Decree;”;

dd/ To amend and supplement Clause 3, Article 29 as follows:

“3. Time limit for license extension or modification:

a/ For the activities specified in Clauses 1, 2, 3 and 10, Article 13 of this Decree:

Within 15 days after receiving a complete and valid dossier, the competent licensing agency shall appraise the dossier; if the required conditions are fully satisfied, such agency shall grant an extended license or a modified license; in case the required conditions are not fully satisfied, such agency shall notify the reason for refusal to grant the license.”;

e/ To annul Clause 5, Article 3; Clause 4 Article 13; Clause 2, Article 15; Point c, Clause 1, Article 20; Point b, Clause 2, Article 21; Article 23; and Clause 2, Article 37.

3. To amend and supplement a number of articles of the Government’s Decree No. 23/2020/ND-CP of February 24, 2020, on the management of riverbed sand and gravel and protection of riverbeds, banks and stretches, as follows:

a/ To amend Point a, Clause 2, Article 21 as follows:

“a/ The Ministry of Natural Resources and Environment shall approve implementation plans for projects for which it is competent to appraise and approve environmental impact assessment reports”;

b/ To annul Clause 5, Article 33.

4. To annul the Prime Minister’s Decision No. 16/2015/QD-TTg of May 22, 2015, providing the recall and disposal of discarded products.

5. To annul the Government’s Decree No. 03/2015/ND-CP of January 6, 2015, providing the assessment of environmental damage.

6. To annul the Government’s Decree No. 18/2015/ND-CP of February 14, 2015, prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan.

7. To annul the Government’s Decree No. 19/2015/ND-CP of February 14, 2015, detailing a number of articles of the Law on Environmental Protection.

8. To annul the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, on the management of wastes and scraps.

9. To annul the Government’s Decree No. 127/2014/ND-CP of December 31, 2014, prescribing conditions for environmental monitoring service providers.

10. To annul the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection.

11. To annul the Government’s Decree No. 54/2021/ND-CP of May 21, 2021, on preliminary environmental impact assessment.

12. To annul, amend or supplement a number of articles of the Government’s Decree No. 82/2019/ND-CP of November 12, 2019, prescribing the import and dismantlement of used ships, as follows:

a/ To amend Clause 2, Article 7 as follows: “Fully satisfying the environmental protection conditions and obtaining an environmental license granted by the Ministry of Natural Resources and Environment”;

b/ To annul Clause 1; and Point a, Clause 2, Article 16.

13. To annul Article 4, Article 24 and Clause 3, Article 45, of the Government’s Decree No. 80/2014/ND-CP of August 6, 2014, on water drainage and wastewater treatment.

Article 168. Transitional provisions

1. Dossiers of request for grant, extension or modification of licenses for discharge of wastewater into water sources that have been received before the effective date of this Decree continue to be processed in accordance with the Government’s Decree No. 201/2013/ND-CP of November 27, 2013, detailing the implementation of a number of articles of the Law on Water Resources, except cases in which organizations and individuals apply for environmental licenses in accordance with this Decree.

In case organizations or individuals apply for environmental licenses in accordance with this Decree, agencies competent to grant environmental licenses shall use the results obtained from competent agencies in the process of considering dossiers of request for grant, extension or modification of licenses for discharge of wastewater into water sources for appraisal and grant of environmental licenses in accordance with this Decree. Organizations and individuals will be entitled to refund or deduction of the paid charge amounts for appraisal of schemes on discharge of wastewater into water sources into payable charge amounts for appraisal and grant of environmental licenses in accordance with law.

2. Dossiers of request for grant, extension or modification of licenses for discharge of wastewater into hydraulic structures that have been received before the effective date of this Decree continue to be processed in accordance with the Government’s Decree No. 67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work, except cases in which organizations and individuals apply for environmental licenses in accordance with this Decree.

In case organizations or individuals apply for environmental licenses in accordance with this Decree, agencies competent to grant environmental licenses shall use the results obtained from competent agencies in the process of considering dossiers of request for grant, extension or modification of licenses for discharge of wastewater into hydraulic structures for appraisal and grant of environmental licenses in accordance with this Decree. Organizations and individuals will be entitled to refund or deduction of the paid charge amounts for appraisal of schemes on discharge of wastewater into hydraulic structures into payable charge amounts for appraisal and grant of environmental licenses in accordance with law.

3. For dossiers of request for grant or re-grant of certificates of completion of environmental protection facilities, or certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials; and dossiers of request for grant, re-grant or modification of hazardous waste treatment licenses that have been received before the effective date of this Decree, the following transitional provisions shall apply:

a/ In case organizations or individuals apply for environmental licenses in accordance with this Decree, agencies competent to receive dossiers shall use the results obtained in the process of examining and assessing the implementation of environmental protection facilities, the satisfaction of environmental protection conditions in the import of scraps for use as production materials and in the hazardous waste treatment for appraisal and grant of environmental licenses in accordance with this Decree. Organizations and individuals will be entitled to refund or deduction of the paid charge amounts into payable charge amounts for appraisal and grant of environmental licenses in accordance with law;

b/ In case organizations or individuals do not opt for complying with this Decree, agencies competent to receive dossiers shall continue to examine, grant or re-grant of certificates of completion of environmental protection facilities, or certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials; , and grant, re-grant or modify hazardous waste treatment licenses in accordance with law effective at the time of dossier receipt.

4. Dossiers of request for grant, extension or modification of certificates of eligibility for provision of environmental monitoring services that have been received before the effective date of this Decree will continue to be processed in accordance with the Government’s Decree No. 127/2014/ND-CP of December 31, 2014, prescribing conditions for environmental monitoring service providers.

5. For dossiers of request for appraisal of strategic environmental assessment reports that have been received by competent state agencies before the effective date of this Decree, the following transitional provisions shall apply:

a/ For strategies or master plans other than those provided in Appendix I to this Decree or other than those specified at Point b of this Clause, the agencies that have received the dossiers shall continue to appraise strategic environmental assessment reports in accordance with law effective at the time of dossier receipt. Reports on results of appraisal of strategic environmental assessment reports serve as a basis for competent authorities to approve strategies and master plans in accordance with law effective at the time of dossier receipt;

b/ In case strategies or master plans are those provided in Appendix I to this Decree and agencies assigned to formulate such strategies or master plans send written requests for implementation thereof in accordance with the Law on Environmental Protection, within the time limit for appraisal of strategic environmental assessment reports in accordance with law effective at the time of dossier receipt, the agencies that have received the dossiers shall issue  documents stating their opinions on strategic environmental assessment contents for strategies and master plans sent to agencies in charge of appraising master plans or agencies approving strategies as specified in Article 26 of the Law on Environmental Protection.

6. For dossiers of request for appraisal and approval of plans on remediation and rehabilitation of the environment in mineral mining activities that have been received before the effective date of this Decree, the following transitional provisions shall apply:

a/ In case organizations or individuals apply for environmental licenses in accordance with this Decree, agencies competent to receive dossiers shall use the results obtained in the process of appraising and approving environmental remediation and rehabilitation plans for appraisal and grant of environmental licenses in accordance with this Decree. Organizations and individuals will be entitled to refund or deduction of the paid charge amounts into payable charge amounts for appraisal and grant of environmental licenses in accordance with law;

b/ In case organizations or individuals do not opt for complying with this Decree, agencies competent to receive dossiers shall continue to appraise and approve environmental remediation and rehabilitation plans in accordance with law effective at the time of dossier receipt; decisions on approval of environmental remediation and rehabilitation plans are equivalent to decisions approving results of appraisal of environmental remediation and rehabilitation plans in accordance with this Decree.

7. Dossiers of request for approval of environmental issues and registration of environmental protection plans that have been received by competent state agencies before the effective date of this Decree continue to be considered and processed in accordance with law effective at the time of dossier receipt, except cases in which organizations and individuals wish to comply with this Decree.

8. For environmental impact assessment reports of investment projects that have been submitted to competent state agencies but not been appraised yet or have been appraised and approved by competent state agencies which require modification and supplementation of such reports before the effective date of this Decree, the following transitional provisions shall apply:

a/ For investment projects which are not subject to environmental impact assessment but for which environmental licenses are required in accordance with this Decree, the competent agencies that have received dossiers shall continue to process the dossiers in accordance with law effective at the time of dossier receipt, except the case specified at Point b of this Clause. Organizations and individuals shall implement environmental protection facilities under environmental impact assessment reports with approved appraisal results, and prepare dossiers of application for environmental licenses like the case specified at Point a, Clause 2, Article 42 of the Law on Environmental Protection;

b/ For investment projects which are not subject to environmental impact assessment but for which environmental licenses are required in accordance with this Decree and organizations or individuals apply for environmental licenses in accordance with this Decree, the competent agencies that have received dossiers shall use results obtained in the process of appraising environmental impact assessment reports for appraisal and grant of environmental licenses for the projects in accordance with this Decree. Organizations and individuals will be entitled to refund or deduction of the paid charge amounts into payable charge amounts for appraisal and grant of environmental licenses in accordance with law;

c/ Past 12 months from the date of notification of appraisal results, if organizations or individuals fail to submit their dossiers of request for approval of results of appraisal of environmental impact assessment reports, they shall comply with Article 34 of the Law on Environmental Protection.

9. Preliminary environmental impact assessment is not required for group-I investment projects provided in Appendix III to this Decree that have environmental impact assessment reports appraised by competent agencies before the effective date of this Decree, requiring no modification or supplementation, or that have environmental impact assessment reports approved within 24 months before the effective date of this Decree.

10. The Ministry of Natural Resources and Environment and provincial-level People’s Committee shall monitor and supervise organizations’ or individuals’ discharge of wastewater and compliance with licenses for discharge of wastewater into water sources that have been granted before the effective date of this Decree until the expiration of such licenses.

The Ministry of Natural Resources and Environment shall monitor and supervise organizations’ and individuals’ discharge of wastewater and compliance with licenses for discharge of wastewater into hydraulic structures with the flow of 3,000m³ or more per day until the expiration of such licenses; provincial-level People’s Committees shall monitor and supervise organizations’ and individuals’ discharge of wastewater and compliance with licenses for discharge of wastewater into hydraulic structures with the flow of under 3,000 m³ per day until the expiration of such licenses.

Organizations and individuals shall send annual reports on discharge of wastewater into water sources under licenses for discharge of wastewater into water sources or licenses for discharge of wastewater into hydraulic structures to the Ministry of Natural Resources and Environment and provincial-level Departments of Natural Resources and Environment.

Within 90 days from the effective date of this Decree, agencies managing licenses for discharge of wastewater into hydraulic structures shall hand over such licenses to competent agencies for monitoring and supervision of organizations’ and individuals’ discharge of wastewater in accordance with this Decree.

11. In case competent state agencies promulgate regulations related to environmental zoning, load capacity of the environment receiving waste sources, and wastewater discharge zoning and limits, environmental technical regulations and other relevant regulations, investment project owners and production establishments shall continue to comply with the granted environmental licenses. The grant, modification or re-grant of environmental licenses of investment projects and establishments must comply with roadmaps set by competent state agencies when promulgating the above regulations.

12. In case one of component environmental licenses of establishments, concentrated production, business or service zones or industrial clusters expires, owners of such establishments or zones or clusters shall prepare dossiers of application for environmental licenses in accordance with this Decree.

13. For craft villages and traditional craft villages that have been recognized by provincial-level People’s Committees but not yet satisfied the requirements specified in Clause 1, Article 56 of the Law on Environmental Protection, within 36 months from the effective date of this Decree, provincial-level People’s Committees shall revoke recognition certificates in accordance with the Government’s Decree No. 52/2018/ND-CP of April 12, 2018, on development of rural sectors and trades.

14. For investment projects that have been constructed but not yet been put into operation (trial operation in case there is a waste treatment facility subject to trial operation, or official operation in case there is no waste treatment facility subject to trial operation) and operating establishments that have not yet obtained decisions on approval of results of appraisal of environmental impact assessment reports or environmental licenses in accordance with the law on environmental protection, they shall be sanctioned in accordance with the Government’s regulations on sanctioning of administrative violations in the field of environmental protection. In case such investment projects or establishments conform to environmental master plans and zoning and load capacity of the environment, their owners shall comply with the following provisions:

a/ For investment projects under construction and subject to environmental criteria equivalent to those of projects subject to preparation of which environmental impact assessment reports that do not fall into the case specified at Point b of this Clause, their owners shall prepare environmental impact assessment reports, if the projects cover activities of reviewing, renovating, upgrading or supplementing environmental protection facilities or measures, and propose competent state agencies to approve the appraisal results under regulations within the time limit for remediation of consequences of violations in accordance with competent persons’ decisions on sanctioning of administrative violations;

b/ For investment projects not yet put into operation and subject to environmental criteria equivalent to those of projects subject to preparation of environmental impact assessment reports and grant of environmental licenses, their owners shall prepare environmental impact assessment reports, if the projects cover activities of reviewing, renovating, upgrading or supplementing environmental protection facilities or measures, and propose competent state agencies to approve the appraisal results under regulations within the time limit for remediation of consequences of violations in accordance with competent persons’ decisions on sanctioning administrative violations and comply with the law on environmental protection for such projects;

c/ For operating establishments subject to environmental criteria equivalent to those of establishments subject to grant of environmental licenses and preparation of environmental impact assessment reports that have none of such documents, their owners shall prepare dossiers of application for environmental licenses, if the establishments cover activities of reviewing, renovating, upgrading and supplementing environmental protection facilities and measures, and propose competent state agencies to grant environmental licenses within the time limit for remediation of consequences in accordance with competent persons’ decisions on sanctioning of administrative violations like the case specified in Clause 2, Article 28 of this Decree;

d/ For operating establishments subject to environmental criteria equivalent to those of establishments subject to grant of environmental licenses and not subject to preparation of environmental impact assessment reports but having no environmental licenses, their owners shall prepare dossiers of application for environmental licenses for the establishments and propose competent state agencies to grant environmental licenses within the time limit for remediation of consequences of violations in accordance with competent persons’ decisions on sanctioning of administrative violations like the case specified in Clause 3, Article 28 of this Decree, except the case specified at Point d, Clause 2, Article 42 of the Law on Environmental Protection.

15. For investment projects already constructed but not yet put into operation or for operating establishments having no certifications of registration of environmental protection plans or equivalent environmental documents as specified in the 2014 Law on Environmental Protection, the following provisions shall apply:

a/ For investment projects or establishments subject to environmental criteria equivalent to those of projects and establishments subject to grant of environmental licenses, they shall be sanctioned in accordance with the Government’s regulations on sanctioning of administrative violations in the field of environmental protection. In case such investment projects or establishments conform to master plans, environmental zoning and load capacity of the environment, their owners shall prepare dossiers of application for environmental licenses, if the projects or establishments cover activities of reviewing, renovating, upgrading or supplementing environmental protection facilities and measures and propose competent state agencies to grant environmental licenses within the time limit for remediation of consequences of violations in accordance with competent persons’ decisions on sanctioning of administrative violations like the case specified in Clause 2, Article 27 of this Decree;

b/ For investment projects or establishments subject to environmental criteria equivalent to those of projects and establishments subject to environmental registration, their owners shall carry out environmental registration in accordance with Clause 6, Article 48 of the Law on Environmental Protection.

16. Establishments, concentrated production, business or service zones, or industrial clusters that share environmental protection technical infrastructure facilities before the effective date of this Decree may continue to deliver and receive wastewater for treatment.

17. Master plans for which planning tasks have been approved and strategies which have been submitted to competent agencies for approval before the effective date of this Decree may continue to be appraised and approved in accordance with law effective at the time of submission of master plans and strategies for appraisal and approval.

18. For organizations and individuals directly importing scraps for use as production materials, if their component environmental licenses granted by the Ministry of Natural Resources and Environment that are certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials have expired or remain valid for less than 12 months from the effective date of this Decree, such component environmental licenses may be extended through December 31, 2022, except cases in which production establishments directly using the imported scraps have been dissolved or gone bankrupt or are subject to handling of violations of the law on environmental protection but have not completely served violation-handling decisions of competent state agencies or not completely remediated consequences of violations in accordance with law.

The Ministry of Natural Resources and Environment shall issue a written notice of the list of organizations and individuals eligible for extension of the validity period of a component environmental license specified in this Clause, which must clearly state the extended period, types and volume of scraps permitted to be imported based on the following grounds: types of scraps are those stated in the license and the Prime Minister-promulgated list of scraps permitted to be imported for use as production materials; the volume of scraps is determined specifically based on the remaining months, which must not exceed 12 months of the extended period of the license. Such notice must be sent to the eligible organizations and individuals and concurrently to provincial-level Departments of Natural Resources and Environment of the localities where the establishments directly using imported scraps are located, and the General Department of Vietnam Customs for supervision of implementation.

Organizations and individuals that have their component environmental licenses extended in accordance with this Clause have the following responsibilities:

a/ To ensure that their production establishments directly using imported scraps as production materials meet the environmental protection requirements specified in Article 45 of this Decree;

b/ After the extended periods of component environmental licenses, to obtain environmental licenses in accordance with this Decree.

19. For organizations and individuals whose component environmental licenses being hazardous waste treatment licenses have expired or remain valid for less than 12 months from the effective date of this Decree, the component environmental licenses may be extended through December 31, 2022, except cases in which their hazardous waste treatment service establishments have been dissolved, gone bankrupt or are subject to handling of violations of the law on environmental protection but have not completely served violation-handling decisions of competent state agencies or not completely remediated consequences of violations in accordance with law.

The Ministry of Natural Resources and Environment shall issue a written notice of the list of organizations and individuals eligible for extension of the validity period of a component environmental license specified in this Clause, which must clearly state the extended period, codes and volume of hazardous wastes permitted for collection and treatment based on the following grounds: codes of hazardous wastes are those stated in the license; the volume of hazardous wastes is determined specifically based on the remaining months which must not exceed 12 months of the extended period of the licenses. Such notice must be sent to the eligible organizations and individuals, and concurrently to provincial-level Departments of Natural Resources and Environment of the localities where the hazardous waste treatment service establishments are located for supervision of implementation.

Organizations and individuals that have their component environmental licenses extended under this Clause have the following responsibilities:

a/ To ensure that their hazardous waste treatment service establishments meet the environmental protection requirements specified in Clause 3, Article 84 of the Law on Environmental Protection;

b/ To perform the responsibilities specified in Article 85 of the Law on Environmental Protection and this Decree;

c/ After the extended periods of component environmental licenses, organization or individuals must obtain environmental licenses in accordance with this Decree.

Article 169. Implementation provisions

1. This Decree takes effect on the date of its signing.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.

* The appendices to this Decree are not translated.