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| THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 29-L/CTN | Hanoi, December 27, 1993 |
In this document the terms used should be understood as:
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2. Environmental components include air, water, land, land bed, sea, forests, plants, and animals, ecosystems, living areas, production areas, national parks and land-scapes.
3. An ecosystem is a system of communities of creatures living in a certain environment conditions and affecting one another.
4. Biological diversity is the complex of genetic resources, species of living creatures and ecosystems in nature.
5. Waste is the material which is discharged from production and living activities as well as from other activities; and exists in various forms: solid, liquid and air.
6. Polluting materials are materials in forms of solid, liquid, air and other forms that pollute environment.
7. Environment pollution involves changes of physical, chemical, biological characteristics of environment due to the discharge of polluting materials exceeding allowable levels into environment.
8. Environment degradation is degradation in quality of environment components which exerts negative effects on human life and nature.
9. Environment incidents are catastrophes, unfortunate cases that happen in the process of human activities or changes of nature; and cause harm to environment.
10. Clean technologies are technologies or technical approaches that do not make polluting materials.
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12. Evaluation of effect on environment is the process of analysis, evaluation, prediction of effects on environment caused by production, business units, technico-economic, socio-cultural, defense-security projects; and finding out appropriate solutions for environment protection.
The State manages environment protection throughout the country.
The State will issue policies to invest, to stimulate and to protect legal interests of either domestic or overseas organisations and individuals that invest under various forms, apply scientific, technological achivements on protection, improvement of environment, on rational utilisation and exploitation of environment components.
The State protects the country's interests in environment and natural resources.
The Government will expand its cooperation in environment protection with neighbouring countries, countries in the region as well as other countries in the world, with international organisations, foreign organisations and individuals.
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Foreign organisations and individuals working in Vietnam have the obligation to comply with the Law on Environment Protection of Vietnam.
All the activities that may exert degrading, polluting effects on environment are prohibited.
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The use of national parks, exploitation of natural landscapes must be permitted by the Sector management organisation and State management organisation on environment protection.
The Government will determine the list of rare, precious species and national parks.
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Upgrading and building new production, living areas, economic-technical, socio-cultural, security-defence and other projects must be in compliance with regulations on environment standards; they can come into operation only after the examination and confirmation by the State management organisation on environment protection.
The Government will determine the list of environment standards and arrange the authorities at different levels to issue these standards.
The Government will determine details of issues mentioned in this Article.
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The result of consideration will be one of bases for project appraisal.
Measures to limit the rate of erosion, desertification, saunization and lateritization of land must be taken in an production, business and construction activities.
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Toxic chemicals used in exploration and processing of oil must have technical certificate and must be controlled, approved by the State management organisation on environment protection.
The vehicles must be under supervision, regular examination of environment standards by the Sector management organisation and State management organisation on environment protection.
The State management organisation on environment protection will determine the list of the chemicals mentioned in this Article.
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For rubbish containing toxic materials, source for diseases, flammable materials, explosive materials, there must be specific measures of treatment under the supervision of the State management organisation on environment protection.
Cemeteries must be far away from living areas and water resources.
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The Government will determine the production, transportation, storage and use of explosives fire crackers.
The following activities are prohibited:
1. The discharging of toxic smoke, gas, dust exceeding allowable levels and adding smells into the air which are harmful for people's and animal's health.
2. To discharge oil, toxic chemicals, radioactive materials exceeding allowable levels, waste, animal and plant corpses, disease viruses into water resources, lakes, ponds, rivers, streams, canals and sea.
3. The burying or discharging of toxic chemicals, materials, pesticides exceeding allowable levels into land, waterlogged land, land-bed which decreases soil fertility, pollute soil and water resources.
4. The exploitation of or trade in rare and precious animals, and plant species in the list defined by the Government.
5. The importation of waste from foreign countries into Vietnam for treatment and processing; equipment, technologies that do not satisfy environment standards.
6. To apply mass destruction equipment, means, methods in exploitation of animal and plant resources.
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OVERCOMING ENVIRONMENT DEGRADATION, POLLUTION AND ACCIDENTS
Environment accidents may happen due to the following reasons:
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2. Fire, forest fire, technical accidents that make harm to the environments of technical-economical, socio-cultural, defence-security projects.
3. Incidents during process of searching, exploration, exploitation of minerals, oil, mine collapse, oil eruption, crack of oil pipelines, sinking of oil tankers and accidents in crude-oil processing factories.
4. Incidents or accidents in nuclear active stations, atom power stations, nuclear processing, re-creating factories, storages of radioactive materials.
Overcoming environment accidents, pollution, degradation include following activities:
1. To rescue human lives, properties;
2. To repair damaged projects;
3. To relieve, help to stabilize people's living;
4. To restore production;
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6. To investigate, make report of damages, to observe environment change.
7. To rehabilitate the environment in places of damage.
Organisations, individuals in places of environment accident have to take temporary measures and report to the organs at higher level, to local authorities and the nearest State management organisation on environment protection.
In case environment accidents happen on territory of some localities, Chairmen of the People's Committee cooperate in overcoming the situation.
In case the damages exceed the local capability to solve, the Ministry of Science, Technology and Environment (MOSTE) reports and proposes overcoming measures to the Prime Minister.
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When the accident is overcome the Prime Minister will cancel the urgent measures.
STATE MANAGEMENT OF ENVIRONMENT PROTECTION
State management on environment protection including following activities
1. To work out, directly implement strategies, policies on environment protection, to outline plans to prevent, resist, overcome environment degradation, pollution, incidents.
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3. To issue and organise the implementation of legal documents and the system of standards on environment protection.
4. To establish, organise and manage a system of observation to evaluate regularly environment status and to predict environment changes.
5. To consider reports on evaluation of effects on environment of production, business units and projects.
6. To grant or recover certifications on satisfactory with environment standards.
7. To examine, inspect, supervise the observance of the Law on Environment Protection to settle disputes, proceedings concerning environment protection, to settle violation of the Law on Environment Protection.
8. To train specialists of environment, to propaganda, disseminate scientific and legal knowledge of environment protection.
9. To undertake research activities, to apply scientific, technological achievements in environment protection.
10. To carry out international cooperation in environment protection.
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The Ministry of Science Technology and Environment (MOSTE) implements the State management function on environment protection.
Various ministries, other organs in the same line, organs that subordinate to the Government implement the State management function on environment protection in accordance with their functions and responsibilities.
People's Committees at different levels implement the State management function on environment protection in accordance with guidelines of the MOSTE.
Departments of Science, Technology and Environment support the city and Provincial People's Committees to implement the State management function on environment protection within their boundaries.
INTERNATIONAL COOPERATION IN ENVIRONMENT PROTECTION
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Disputes on environment protection with foreign countries should be solved on the basis of reconciliation and mutual benefit.
ENVIRONMENT INSPECTION AND SETTLEMENT OF VIOLATION
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Organisations structure, rights and responsibilities of specialised inspection of environment protection are determined by the Government.
During the process of inspection, inspection teams or inspectors have the following rights:
1. To propose the relevant organisations and individuals to supply documents and answer all the questions necessary for the inspection.
2. To undertake technical inspections.
3. To suspend temporarily or to propose the state organs in charge to suspend environment degrading, polluting activities.
4. To settle violation of the Law in accordance with their responsibilities, or to propose the State organs in charge to settle.
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Organisations, individuals have the right to complain, denounce to the State management organs on environment protection or other state organs about activities of violation of the Law on Environment Protection.
The organs receiving letters of complain, denouncement have the responsibility to consider and solve them in accordance with legal regulations.
1. Within one province or city: specialised inspector on environment protection of the province or the city inspects, settles or proposes the Chairman of People's Committee of the province or city to settle.
2. On territory of more than 2 provinces or cities: specialised inspector on environment protection of MOSTE inspects, settles or proposes the Minister of MOSTE to settle.
3. In case of extremely serious violation and the parties do not agree on the decisions mentioned in point 1 and 2 of this Article, they may complain to the Prime Minister.
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Previous regulations that are against this Law are hereby repealed.
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This Law is valid from the day of issue.
The Government shall issue detailed provisions of the implementation of this Law.
This Law was passed the IX Legislature of the National Assembly of Socialist Republic of Vietnam, at its 4th Session, on December 27th, 1993.
THE NATIONAL ASSEMBLY
CHAIRMAN
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Nong Duc Manh
- 1Decision No. 172/2007/QD-TTg of November 16th, 2007, to approve the national strategy for natural disaster prevention, response and mitigation to 2020.
- 2Circular No.55/2002/TT-BKHCNMT of July 23, 2002 guiding the technological and environmental evaluation of investment projects
- 3Decision no. 1381/QD-TTg of October 24, 2001 approving the feasible project on improving the water environment in ho chi minh city, tau hu - ben nghe - doi - te canal basin, phase i (2001-2006)
- 4Decision No. 10/2001/QD-BKHCNMT, temporarily issued by the Ministry of Science Technology and Environment, for the list of discarded materials processed into raw materials which are allowed to be imported.
- 5Circular No. 02/2001/TT-BKHCNMT, promulgated by the Ministry of Science Technology and Environment, providing guidelines on criteria for hi-tech industrial projects; projects to produce new andrare, precious materials; projects to apply new biological technology(ies); projects to apply new technology(ies) to manufacture communications and telecommunications equipment;and projects for treatment of environmental pollution or waste, all as projects to receivespecial investment preference(s); associated issues in reporting environmental impacts;import of used machinery, for foreign invested enterprises in Vietnam.
- 1Decision No. 172/2007/QD-TTg of November 16th, 2007, to approve the national strategy for natural disaster prevention, response and mitigation to 2020.
- 2Decision No. 02/2003/QD-BTNMT of July 29, 2003, promulgating the regulation on regulation on environmental protection in the field of tourism
- 3Circular No.55/2002/TT-BKHCNMT of July 23, 2002 guiding the technological and environmental evaluation of investment projects
- 4Circular No. 02/2001/TT-BKHCNMT, promulgated by the Ministry of Science Technology and Environment, providing guidelines on criteria for hi-tech industrial projects; projects to produce new andrare, precious materials; projects to apply new biological technology(ies); projects to apply new technology(ies) to manufacture communications and telecommunications equipment;and projects for treatment of environmental pollution or waste, all as projects to receivespecial investment preference(s); associated issues in reporting environmental impacts;import of used machinery, for foreign invested enterprises in Vietnam.
- 5Decree no. 175-CP of October 18, 1994 guiding the implementation of the law on environmental protection promulgated by the Government
- 61992 Constitution of the Socialist Republic of Vietnam