Directive No. 17/2008/CT-TTg on urgent measures to intensify the work of thoroughly addressing serious environmental pollution sources pursuant to Decision No. 64/2003/QĐ-TTG dated April 22, 2003 of the Government Prime Minister.

DIRECTIVE

Regarding Urgent Measures to Vigorously Implement the Work of Thoroughly Addressing Severe Polluting Facilities According to Decision No. 64/2003/QD-TTg dated April 22, 2003 of the Government

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 On April 22, 2003, the Government issued Decision No. 64/2003/QD-TTg approving the "Plan for Thoroughly Addressing Severe Polluting Facilities" (hereinafter referred to as the Plan), with the goal of thoroughly addressing 439 severe polluting facilities by 2007, and ensuring that there would be no severe polluting facilities remaining throughout the country by 2012. After five years of implementing the Plan, significant positive results have been achieved in thoroughly addressing severe polluting facilities. Many long-standing severe polluting facilities that had caused public discontent were addressed; initial consensus and participation from the entire society in implementing the plan have been established.

However, the progress in thoroughly addressing severe polluting facilities remains slow, achieving a low rate compared to the targets set forth in the Prime Minister's Decision. The ongoing severe polluting facilities that have not yet been addressed continue to negatively impact the environment, health, and livelihoods of the people, and adversely affect the country's economic and social development.

The reasons for the above situation are due to some Ministries, sectors, and localities still lacking in proactivity and initiative in organizing the implementation of the Plan, with the measures implemented being insufficiently synchronized and specific, lacking effective coordination with local authorities; responsibilities have not been clearly defined between some leading Ministries and provincial People's Committees where severe polluting facilities operate. Although certain mechanisms and policies supporting the thorough treatment of pollution have been integrated into relevant legal documents, they remain insufficiently synchronized and specific in practice, making their implementation difficult and problematic; timely supplementation of mechanisms and policies supporting technology, land, and finance for facilities, especially those contaminated with toxic chemicals left over from war and those operating before 1993 in public welfare areas, is still lacking; awareness about environmental protection among enterprises, and even some agencies and local authorities at various levels, remains weak.

To address these shortcomings and enhance the effectiveness of the implementation of the approved Plan for Thoroughly Addressing Severe Polluting Facilities, the Prime Minister issues the following directive:

1. Ministries, ministerial-level agencies, agencies under the Government, and People's Committees of centrally governed cities shall strengthen guidance, urging, inspection of the implementation of the Plan, vigorously implement the work of thoroughly addressing severe polluting facilities, and regularly evaluate the implementation results, striving to achieve the following goals by 2012:

a) Complete the thorough addressing of all severe polluting facilities nationwide; intensify preventive and blocking measures against pollution, aiming to control and limit the emergence of new polluting facilities, ensuring sustainable national development during industrialization, modernization, and international economic integration;

b) Improve the system of legal documents, mechanisms, and policies supporting the thorough addressing of severe polluting facilities; fundamentally resolve difficulties and obstacles related to mechanisms and policies, creating favorable conditions for newly emerging severe polluting facilities to thoroughly address pollution;

c) Cease operations and strictly handle all severe polluting facilities required to thoroughly address pollution but which fail to implement or implement improperly the prescribed pollution addressing measures according to decisions of competent state agencies;

d) Achieve a strong shift in understanding and action among Party committees, governments, sectors, mass organizations, and the entire society regarding the work of identifying and deciding on measures to thoroughly address severe polluting facilities.

2. The Ministry of Natural Resources and Environment:

a) Organize reviews, evaluations, and issuance of legal documents, mechanisms, and policies within their authority or submission to competent authorities for issuance aimed at immediately resolving difficulties and obstacles related to land for localities when relocating polluting facilities out of urban centers and densely populated areas; in the short term, urgently draft and submit to the Government for promulgation a Decree on incentives and support for environmental protection activities consistent with current laws to guide the implementation of the Environmental Protection Law 2005, to be completed by the third quarter of 2008;

b) Take the lead and coordinate with relevant Ministries, sectors, and People's Committees of centrally governed cities to strengthen urging, inspection, and inter-sectoral supervision of the implementation of the Plan for Thoroughly Addressing Severe Polluting Facilities according to Decision No. 64/2003/QD-TTg of the Prime Minister;

c) Direct and guide the review, consolidation, and decision-making on the list of newly emerging severe polluting facilities requiring thorough addressing in the second phase of the Plan (2008-2010) along with specific addressing measures;

d) Lead the restructuring of the organization and operational regulations of the Inter-Ministerial Steering Committee for Implementing the Plan to suit the new situation, with the following composition: the Minister of Natural Resources and Environment serving as Deputy Head in charge; members include Vice Ministers of the Ministries of Public Security, Industry and Trade, Agriculture and Rural Development, Defense, Construction, Health, Transportation, Science and Technology, Planning and Investment, Finance, Labor, Invalids and Social Affairs, Information and Communications.

đ) Chair and coordinate with the Ministry of Planning and Investment to develop the National Target Program on Environmental Protection for Public Health, including content on targeted financial support from the state budget to implement the Plan for Thoroughly Addressing Severe Environmental Pollution Sources, to be submitted to the Prime Minister in the fourth quarter of 2008.

3. The Ministry of Planning and Investment:

a) Guide the mechanism for allocating and using the state budget investment funds to provide targeted financial support for thoroughly addressing environmental pollution at facilities in the public interest sector within the Plan, particularly for projects investing in waste treatment plants and factories.

b) Coordinate with the Ministry of Natural Resources and Environment in developing and submitting to competent authorities for supplementation the National Target Program on Environmental Protection for Public Health, including content on targeted financial support from the state budget to implement the Plan.

4. The Ministry of Finance:

a) Coordinate with the Ministry of Natural Resources and Environment to strengthen inspections of the allocation and use of environmental affairs funds at localities, prioritizing funding for projects thoroughly addressing pollution under the responsibility of localities.

b) Annually, based on proposals from the Ministry of Natural Resources and Environment, compile and submit to the Prime Minister for decision the targeted financial support from the central budget for ministries, sectors, and localities to implement projects thoroughly addressing environmental pollution in the public interest sector.

5. The Ministry of Public Security:

Closely coordinate with the Ministry of Natural Resources and Environment, relevant ministries and sectors, and People's Committees of provinces and centrally governed cities to strengthen inspection and supervision of thoroughly addressing environmental pollution; plan and resolutely enforce compulsory measures and suspend operations according to decisions of competent state agencies against severe pollution sources that must be thoroughly addressed but have not been implemented or implemented not in accordance with the prescribed schedule.

6. Ministry of Industry and Trade:

a) Direct state-owned corporations, total companies, and directly affiliated companies to promptly review severe pollution sources under their management, urge implementation of thorough pollution control, and plan financial support from the state budget for severe pollution sources in the public interest sector pursuant to Decision No. 64/2003/QĐ-TTg to implement thorough pollution control measures.

b) Compile difficulties and obstacles encountered during the implementation of thorough pollution control by severe pollution sources in the industrial sector; issue or submit to competent authorities for issuance related mechanisms, policies, and regulatory legal documents to accelerate progress in implementing industrial pollution control projects.

7. The Ministry of Agriculture and Rural Development:

a) Promptly direct the work of thoroughly addressing environmental pollution at pesticide warehouses, sugar production facilities, aquaculture and seafood processing facilities, concentrated livestock farms and slaughterhouses, rubber processing facilities, and traditional craft villages.

b) Closely coordinate with provincial and centrally governed city People's Committees to statistically compile and plan the disposal of expired and untraceable origin pesticides; guide the construction of storage facilities for expired pesticides meeting technical requirements for environmental protection, ending the emergence of pesticide warehouses causing severe environmental pollution.

c) Compile difficulties and obstacles encountered during the implementation of thorough pollution control by severe pollution sources in the agricultural sector; issue or submit to competent authorities for issuance related mechanisms, policies, and regulatory legal documents to accelerate progress in implementing agricultural pollution control projects.

d) Direct the development, review, approval, organization of implementation, and strengthened inspection and supervision of the implementation of thorough pollution control projects in the public interest sector of the agricultural industry, while proposing targeted financial support from the state budget for thorough pollution control.

8. The Ministry of Health:

a) Direct and be responsible for the work of thoroughly addressing environmental pollution at healthcare facilities under its jurisdiction; urge and inspect the thorough pollution control at healthcare facilities managed by localities.

b) Coordinate with localities in formulating plans and providing technical support during the implementation of thorough pollution control at healthcare facilities nationwide.

c) Organize reviews and propose amendments and supplements to related mechanisms, policies, and regulatory legal documents concerning the management sector to facilitate conditions for healthcare facilities when implementing thorough environmental pollution control.

9. The Ministry of Construction:

a) Direct and be responsible for the work of thoroughly addressing environmental pollution at state-owned corporations, companies, and construction material production facilities under its jurisdiction; urge and inspect the thorough pollution control at landfills, including those that have ceased operations, and construction material production facilities managed by localities.

b) Coordinate with provincial and centrally governed city People's Committees in selecting options and locations and planning the organization and operation of waste treatment sites; formulate plans and provide technical support during the implementation of thorough pollution control at landfills and construction material production facilities nationwide.

c) Organize reviews and propose amendments and supplements to related mechanisms, policies, and regulatory legal documents concerning the management sector to facilitate conditions for facilities when implementing thorough environmental pollution control.

10. The Ministry of Transport:

a) Urgently direct, urge, inspect, and supervise the work of thoroughly addressing pollution from facilities causing serious environmental pollution under their management to implement measures for thoroughly addressing pollution; particularly urge Vietnam Shipbuilding Industry Group and Hyundai-Vinashin Marine Co., Ltd. to immediately implement effective environmental protection solutions; complete the project on reusing used grinding media Nix to submit to competent state authorities for review and approval to apply; coordinate with People's Committees of provinces and centrally-run cities to provide necessary conditions for the Company to implement the project;

b) Summarize difficulties and obstacles encountered during the implementation of thorough pollution treatment by facilities causing serious environmental pollution under the transportation sector; issue according to authority or submit to competent authorities for issuance of mechanisms, policies, and regulatory legal documents related to accelerating the progress of implementing pollution treatment projects in the transportation sector;

11. Ministry of National Defense:

a) Urgently direct the work of thoroughly addressing pollution from sites storing chemical warfare agents used by the United States during the war as determined in Decision No. 67/2004/QĐ-TTg dated April 27, 2004 of the Government; organize investigations, evaluations, and clearly identify the extent of chemical warfare agent storage at newly discovered sites based on information provided by the U.S. Department of Defense;

b) Direct serious pollution-causing defense facilities to implement thorough pollution treatment according to the schedule of the Plan; review and propose amendments and supplements to mechanisms, policies, and regulatory legal documents related to the management sector to create favorable conditions for facilities when implementing thorough pollution treatment;

c) Urge the construction, review, approval, and organization of implementation of pollution treatment projects in the public interest sector to request targeted funding support from the state budget, while supervising the implementation of these projects;

12. Ministry of Labor, Invalids, and Social Affairs:

Conduct reviews, evaluations, build, and issue according to authority or submit to competent authorities for issuance of legal documents, mechanisms, and policies ensuring the legitimate rights of workers at facilities when thoroughly addressing pollution; guide and inspect the implementation thereof;

13. Vietnam Television, Voice of Vietnam, and news agencies:

Strengthen propaganda on thoroughly addressing serious pollution-causing facilities to create a strong shift in awareness and action among all levels, sectors, people, and businesses, mobilizing the comprehensive strength of society for this work;

14. People's Councils, People's Committees of provinces and centrally-run cities:

a) For provinces and centrally-run cities bordering neighboring countries with ports of entry:

Strengthen control and prevent illegal importation of plant protection chemicals and other chemicals restricted or prohibited from importation into Vietnam; organize the construction of warehouses for plant protection chemicals that meet technical standards for environmental protection, preventing the spread of pollutants into the surrounding environment; develop annual plans to destroy illegally imported, untraceable, or expired plant protection chemicals;

b) For provinces and centrally-run cities with serious pollution-causing facilities that need to be thoroughly addressed:

- Vigorously and urgently accelerate the progress of thoroughly addressing serious pollution-causing facilities listed in the Plan within their jurisdiction; decide to suspend operations of parts causing serious pollution or the entire production facility if they have not completed thorough pollution treatment according to the schedule and continue to cause serious pollution, compelling them to take remedial actions; require facility owners to implement mechanisms and policies in accordance with current regulations to ensure the legitimate rights of workers when thoroughly addressing pollution;

- Proactively review, evaluate, and resolve difficulties and obstacles of facilities to accelerate the progress of thoroughly addressing pollution; in cases exceeding their authority, report to the Ministry of Natural Resources and Environment for consolidation and submission to the Prime Minister for guidance on handling;

- Urge and direct the construction, review, approval, and organization of implementation of pollution treatment projects in the public interest sector using state budget funds; starting from 2008, prioritize allocation of state budget funds (development investment capital, environmental affairs capital) in local budget plans and other sources of raised funds for the implementation of such projects; closely monitor the implementation of projects after allocation of implementation funds;

- Coordinate with ministries and sectors to review and assess land fund requirements for facilities that need relocation; conduct land planning according to needs to allocate land for facilities to serve relocation; assist with necessary procedures such as compensation, land clearance, infrastructure construction... to help facilities quickly complete relocation and stabilize operations;

- Publicly disclose information about the situation of serious pollution caused by facilities that have not completed according to schedule for the local community to know and cooperate in inspection and supervision; mobilize the participation of the local community in inspection and supervision of newly emerging serious pollution-causing facilities;

- Organize reviews, statistics, and compile lists of newly emerging serious pollution-causing facilities along with thorough pollution treatment measures according to guidelines from the Ministry of Natural Resources and Environment;

15. This Directive takes effect 15 days after its publication in the Official Gazette;

The Minister of Natural Resources and Environment is responsible for organizing implementation, urging, monitoring, tracking, and reporting annually to the Prime Minister on the results of implementing this Directive.

The Ministers, Heads of agencies at the level of ministries, Heads of government agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Directive./.