Decree No. 175-CP guiding the implementation of the Law on Environmental Protection

DECREE

Guidelines for Implementing the Law on Environmental Protection

__________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

On the basis of the Environmental Protection Law dated December 27, 1993;

At the proposal of the Minister of Science and Technology and Environment,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. This Decree provides detailed regulations for the implementation of the Law on Environmental Protection adopted by the National Assembly of the Socialist Republic of Vietnam on December 27, 1993 and promulgated by the President with Decree No. 29-L/CTN on January 10, 1994.

Article 2. The provisions of this Decree shall apply to all activities of Vietnamese organizations and individuals, foreign organizations and individuals within the territory of the Socialist Republic of Vietnam as provided for in the Law on Environmental Protection.

Article 3.

Provisions related to environmental protection that involve international relations must be organized and implemented in accordance with the provisions of the Law on Environmental Protection, other relevant provisions of Vietnamese law, and international treaties to which Vietnam is a party.

In cases where an international treaty to which Vietnam is a party contains provisions different from those of this Decree, the provisions of such international treaty shall apply.

Chapter 2:

ASSIGNMENT OF RESPONSIBILITIES FOR ENVIRONMENTAL MANAGEMENT; RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN ENVIRONMENTAL PROTECTION

Article 4.

1- The Ministry of Science and Technology and Environment shall implement unified state management over environmental protection throughout the country, and shall be responsible for organizing and directing environmental protection activities within its functional and assigned tasks as follows:

a) Drafting and submitting to the Government for issuance, issuing within its authority, legal documents on environmental protection;

b) Drafting and submitting to the Government for decision-making strategic plans and policies on environmental protection;

c) Leading the drafting, submitting to the Government for decision-making, and coordinating the implementation of long-term and annual plans for preventing, combating, and mitigating environmental degradation, pollution, and emergencies, as well as environmental protection works and related works;

d) Organizing, building, and managing the national environmental monitoring system;

đ) Assessing the national environmental status, periodically reporting to the Government and the National Assembly;

e) Reviewing Environmental Impact Assessment Reports of projects and facilities as stipulated in Chapter III of this Decree;

f) Directing the organization of research and application of scientific and technological progress in the field of environmental protection; organizing the establishment and application of environmental standards; issuing and revoking certificates of compliance with environmental standards; organizing training for environmental science staff and environmental management and protection personnel;

g) Guiding and inspecting sectors, localities, organizations, and individuals in the implementation of environmental protection laws, organizing environmental inspection work, resolving complaints and reports related to environmental protection within its jurisdiction;

h) Submitting to the Government for participation in international organizations, signing or joining international treaties on environmental protection, conducting international activities related to environmental protection.

2- The Environmental Administration shall assist the Minister of Science and Technology and Environment in implementing state management functions over environmental protection throughout the country.

The tasks, powers, and organizational structure of the Environmental Administration shall be regulated by the Minister of Science and Technology and Environment.

Article 5.

1- Ministries, agencies at the level of ministries, and government agencies shall have the responsibility to implement state management over environmental protection within their respective functions, tasks, and powers as follows:

a) Drafting and submitting to the Government for issuance, issuing within their authority legal documents on environmental protection within their respective sectors in accordance with the provisions of the Law on Environmental Protection;

Drafting strategic plans and policies on environmental protection within their respective sectors in accordance with the national strategic plans and policies on environmental protection;

b) Directing and inspecting the implementation of legal provisions, plans, and measures on environmental protection within their respective sectors and directly managed facilities in accordance with the guidance of the Ministry of Science and Technology and Environment;

c) Managing works within their respective sectors related to environmental protection;

d) Coordinating the review of Environmental Impact Assessment Reports of projects and production and business establishments as stipulated in Chapter III of this Decree;

đ) Resolving disputes, complaints, reports, and handling violations of environmental protection laws within their jurisdiction as prescribed by law.

2- Ministries, agencies at the level of ministries, and government agencies shall cooperate with the Ministry of Science and Technology and Environment to carry out the following tasks:

a) Investigating, monitoring, researching, and assessing the current environmental status within their respective sectors;

b) Drafting and submitting to the Government for decision-making and organizing the implementation of plans for preventing, combating, and mitigating environmental degradation, pollution, and emergencies within their respective sectors;

c) Researching and applying scientific and technological progress in the field of environmental protection within their respective sectors.

d) Educating, publicizing, and disseminating knowledge and laws on environmental protection within their respective sectors.

Article 6.

1- Provincial People's Committees and Municipal People's Committees under the Central Government shall have the responsibility to implement state management over environmental protection as follows:

a) Issuing legal documents on environmental protection within their respective jurisdictions within their authority;

b) Directing and inspecting the implementation of national and local regulations on environmental protection within their respective jurisdictions;

c) Reviewing Environmental Impact Assessment Reports of projects and facilities as stipulated in Chapter III of this Decree;

d) Issuing and revoking certificates of compliance with environmental standards for production and business establishments;

đ) Cooperating with central agencies in inspection, investigation, and handling of violations of environmental protection laws within their respective jurisdictions; urging organizations and individuals to comply with environmental protection laws;

e) Receiving and resolving disputes, complaints, reports, and suggestions on environmental protection within their respective authorities or transferring them to competent agencies for handling.

2- Departments of Science and Technology and Environment shall be responsible to Provincial People's Committees and Municipal People's Committees under the Central Government for implementing state management over environmental protection in their respective jurisdictions.

The tasks, powers, and organizational structure of the Department of Science, Technology, and Environment in the field of environmental protection at the local level shall be prescribed by the People's Committee of the province or centrally governed city according to the guidelines of the Ministry of Science, Technology, and Environment.

Article 7.

State agencies and people's organizations have responsibilities for environmental protection as follows:

1- Ensuring strict compliance with legal regulations on environmental protection at their offices and organizations, as stipulated by central and local authorities.

2- Promoting education and raising awareness among members of their agencies and organizations regarding their responsibility for environmental protection.

3- Within their scope of duties and powers, monitoring, educating, or supervising the enforcement of laws on environmental protection, promptly identifying and reporting violations to competent authorities for handling.

Article 8. Production and business organizations are responsible for strictly implementing legal provisions concerning:

1- Environmental impact assessments; ensuring compliance with environmental standards; preventing, mitigating environmental degradation, pollution, and environmental incidents;

2- Financial contributions for environmental protection and compensating damages caused by actions harmful to the environment, as provided by law;

3- Providing full documentation and facilitating inspections and audits conducted by inspection teams or auditors; complying with decisions made by audit teams or auditors;

4- Promoting education and raising awareness among staff and workers about environmental protection; regularly reporting to state management bodies on environmental conditions at their operational sites.

Chapter 3:

ENVIRONMENTAL IMPACT ASSESSMENT

Article 9. Project investors, project managers, or directors of agencies, enterprises, etc., falling under the following categories must conduct environmental impact assessments:

1- Comprehensive development plans for regions, sectoral development plans, provincial or centrally governed city development plans, urban planning, and residential area planning;

2- Economic, scientific, medical, cultural, social, security, and defense projects;

3- Projects implemented by foreign organizations or individuals, international organizations, or joint ventures within Vietnam;

4- Projects mentioned in Clauses 1, 2, and 3 of this Article that were approved before January 10, 1984 but have not yet undergone environmental impact assessments as required;

5- Economic, scientific, medical, cultural, social, security, and defense facilities that have been operating since before January 10, 1994.

Article 10.

1- The content of environmental impact assessments includes:

a) Evaluating the current environmental status in the project or facility's operational area;

b) Assessing environmental impacts resulting from the project or facility's operations;

c) Recommending measures to address environmental issues.

2- The contents mentioned in this Article shall be presented in a separate report called the Environmental Impact Assessment Report.

Article 11.

1- For the subjects mentioned in Clauses 1, 2, 3, and 4 of Article 9, the preparation of the Environmental Impact Assessment Report will be carried out in two stages: preliminary and detailed (for the subjects mentioned in Clause 4, only detailed assessment is required).

The content of the Preliminary Environmental Impact Assessment Report is specified in Appendix I.1. (*)

The content of the Detailed Environmental Impact Assessment Report is specified in Appendix I.2. (*)

2- For the subjects mentioned in Clause 5 of Article 9, the content of the Environmental Impact Assessment Report is specified in Appendix I.3. (*)

Article 12.

1- The methods used for environmental impact assessments must ensure objectivity, scientific rigor, practical applicability, and alignment with current international standards.

2- The Environmental Impact Assessment Report must be prepared by agencies and organizations possessing the necessary expertise and facilities.

3- To prepare the Environmental Impact Assessment Report, Vietnamese environmental standards must be utilized. For areas without established environmental standards, agreements in writing with the state management body for environmental protection are required.

Article 13. The application dossier for reviewing the Environmental Impact Assessment Report includes:

1- For the subjects mentioned in Clauses 1, 2, 3, and 4 of Article 9:

a) The Environmental Impact Assessment Report,

b) The project dossier and related appendices.

2- For the subjects mentioned in Clause 5 of Article 9:

a) The Environmental Impact Assessment Report,

b) A report on the current production and business activities of the facility and related issues.

3- The application dossier for review consists of three copies. For the subjects mentioned in Clause 3 of Article 9, the document must be in Vietnamese.

Article 14.

1- The review of Environmental Impact Assessment Reports for ongoing projects and facilities is divided into two levels:

a) Central level reviewed by the Ministry of Science, Technology, and Environment. Depending on specific cases, the Ministry may delegate review to relevant ministries;

b) Local level reviewed by the Department of Science, Technology, and Environment.

2- The Ministry of Science, Technology, and Environment is responsible for compiling a list of projects requiring the Environmental Impact Assessment Report to be submitted to the National Assembly for consideration and approval.

Article 15.

1- The review of Environmental Impact Assessment Reports is the responsibility of the state management body for environmental protection.

2- In case of necessity, a Review Board may be established:

a) The Central Review Board is established by the Minister of Science, Technology, and Environment.

b) Provincial or centrally governed city Review Boards are established by the Chairman of the People's Committee of the province or centrally governed city.

3- The Review Board composition includes scientists, managers, and representatives from social organizations and the public. The number of Review Board members does not exceed nine.

Article 16.

The time limit for reviewing the Environmental Impact Assessment Report shall not exceed two months from the date all relevant documents are received.

For the subjects listed in Clause 3 of Article 9, the review period must align with the investment permit issuance timeframe.

Article 17. The state management body for environmental protection is responsible for overseeing technical design and implementation of environmental protection measures based on the recommendations of the Review Board.

Article 18.

In case of disagreement with the conclusion of the Appraisal Board, the project investor, the project management entity, or the Director of the agency or enterprise... has the right to appeal to the authority that decided to establish the Appraisal Board and the higher-level state management body for environmental protection.

The appeal letter must be examined and resolved within one to three months from the date of receipt of the letter.

Article 19. For the objects mentioned in Article 9 of this Decree under the management of the Ministry of National Defense and the Ministry of Public Security, the Minister of National Defense and the Minister of Public Security shall organize the construction and appraisal of the Environmental Impact Assessment Report in accordance with the guidelines of the Ministry of Science and Technology and Environment.

Article 20.

1- For the objects mentioned in Clause 5 of Article 9 of this Decree, the construction and appraisal of the Environmental Impact Assessment Report must be carried out step-by-step and within the time limit as guided by the Ministry of Science and Technology and Environment.

2- The results of the appraisal of the Environmental Impact Assessment Report of operating facilities are classified into four types for handling as follows:

a) Permitted to continue operations without environmental treatment;

b) Required to invest in constructing waste treatment facilities;

c) Required to change technology or relocate;

d) Required to cease operations.

Chapter 4:

PREVENTION, CONTROL, REMEDIATION OF ENVIRONMENTAL DEGRADATION, POLLUTION AND ENVIRONMENTAL INCIDENTS

Article 21.

The use and exploitation of national parks, nature reserves, historical and cultural sites, natural scenic areas... must be permitted by the competent administrative authority. Before issuing the permit, the competent administrative authority must obtain written consent from the state management body for environmental protection.

After receiving the procedures for permission to exploit and use, the organizations and individuals named on the permit proceed to register with the local authorities directly managing the aforementioned conservation areas.

The permit must clearly specify the following contents: Object, scope of use requested, purpose and duration of exploitation, environmental protection measures during exploitation.

Article 22.

Organizations and individuals engaged in activities related to the environment must comply with environmental standards.

The list of Vietnamese environmental standards includes:

1- Environmental standards for land protection;

2- Environmental standards for water protection;

3- Environmental standards for air protection;

4- Environmental standards in noise control;

5- Environmental standards in radiation and ionizing fields;

6- Environmental standards for residential area protection;

7- Environmental standards for production area protection;

8- Environmental assessment standards in forest protection;

9- Environmental assessment standards in biodiversity protection;

10- Environmental assessment standards in ecosystem protection;

11- Environmental standards for marine protection;

12- Environmental standards for nature reserve and natural scenic area protection;

13- Environmental standards in industrial, urban and civil construction planning;

14- Environmental standards related to the transportation, storage, and use of hazardous substances and radioactive materials;

15- Environmental standards in open-pit and underground mining;

16- Environmental standards for motor vehicles;

17- Environmental standards for facilities using microorganisms;

18- Environmental standards for ground protection;

19- Environmental standards for tourism area protection;

20- Environmental standards in import and export;

21- Environmental standards for hospitals and special medical facilities.

All standards in the above list are compiled and issued by the Ministry of Science and Technology and Environment in coordination with relevant ministries and sectors.

Article 23.

Organizations and individuals exporting or importing animal and plant species (including seeds), microbial strains, genetic sources, must obtain permission from the competent administrative authority and the state management body for environmental protection, and must have a quarantine certificate from the authorized Vietnamese quarantine agency. Upon discovering any items listed in the permit posing risks of disease outbreaks to humans and livestock or causing environmental pollution or degradation, they must report immediately to the nearest local authority and the state management body for environmental protection to take immediate containment or eradication measures.

For rare and precious animal and plant species according to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), compliance with the Law on Protection and Development of Forests and the Ordinance on Protection of Aquatic Resources must be strictly followed. The list of species of these objects is published by the Ministries of Forestry, Fisheries, and Agriculture and Food Industry.

Article 24.

Organizations and individuals exporting or importing hazardous chemicals and microbial products must obtain permission from the competent administrative authority and the state management body for environmental protection and must strictly adhere to current Vietnamese standards. The application must clearly specify the purpose of use, quantity, technical characteristics, composition, formula if applicable, trade name, manufacturer, and country of origin. Organizations and individuals are responsible for exporting and importing the correct type and quantity as specified in the permit.

In cases where destruction beyond the deadline is required, a detailed application specifying the quantity, technical characteristics, destruction technology, and supervision by the state management body for environmental protection and authorized police must be submitted.

For plant protection products, compliance with the Ordinance on Plant Protection and Quarantine must be strictly adhered to.

Article 25.

The importation of complete equipment and technology under projects and joint ventures can only be implemented after economic and technical feasibility studies and the appraisal of the Environmental Impact Assessment Report of the projects by the state management body for environmental protection have been approved.

For important individual equipment related to environmental protection, when deemed necessary, the state management body for environmental protection may consider and approve its importation.

The classification of handling permits for this matter is as follows:

- The Ministry of Science, Technology and Environment issues permits for cases of importation of projects and joint ventures approved by the State Appraisal Council.

- Local Science, Technology and Environment Departments issue permits for remaining cases in accordance with guidelines from the Ministry of Science, Technology and Environment.

Article 26.

1- All railway, road, and waterway transportation vehicles shall not emit smoke, dust, oil, or gas containing toxic substances into the environment beyond the prescribed standards. Transportation vehicles imported into Vietnam from the date this Environmental Protection Law comes into effect must ensure waste emission criteria according to new standards to be allowed to operate.

2- All types of motorized transportation vehicles when in operation must ensure noise levels do not exceed prescribed standards.

3- For transportation vehicles permitted to operate before the Environmental Protection Law takes effect, technical measures must be applied to minimize the amount of smoke and harmful waste emissions into the environment as much as possible. As of April 1, 1995, all motorized transportation vehicles within city limits must ensure smoke emissions do not exceed 60 Hartridge units, must not discharge pollutants mentioned above, and must not generate noise levels exceeding permissible standards.

Any vehicle failing to meet these standards must cease operations.

4- Motorized transportation vehicles passing through hospitals, sanatoriums, schools, and densely populated areas during lunchtime and after 10 PM are prohibited from using horns.

The Ministry of Transport is responsible for organizing inspections and issuing permits regarding compliance with environmental standards for transportation vehicles and transport services.

Article 27.

1- All production, business, hospital, hotel, restaurant facilities, etc., that produce solid, liquid, or gaseous waste must organize treatment to meet environmental standards before discharging them outside their management scope. The technology for treating such waste must be reviewed and approved by competent state management authorities.

2- Household waste in cities, towns, and industrial zones must be collected, transported, and treated according to waste management regulations.

3- Waste containing pathogenic microorganisms and bacteria must be strictly treated before being discharged into public waste storage areas as stipulated by current regulations.

4- Waste containing hazardous chemicals that are difficult to decompose must be treated using specific technologies and may not be discharged into household waste storage areas.

Article 28.

1- Strictly prohibit the export and import of waste containing toxins or pathogenic microorganisms that can cause environmental pollution.

2- The Ministry of Science, Technology and Environment guides sectors and localities in compiling lists of secondary raw materials and waste products that meet environmental hygiene standards, which are allowed to be imported from abroad as production materials to be submitted to the Prime Minister for decision.

Article 29.

Starting January 1, 1995, strictly prohibit the production, transportation, sale, storage, and use of all types of explosive fireworks throughout the territory of Vietnam.

The Government stipulates the production and use of firecrackers on certain special holidays and festivals.

Article 30.

1- The Minister of Science, Technology and Environment reports to the Prime Minister on particularly serious environmental incidents and recommends urgent measures for the Prime Minister to decide.

2- Particularly serious environmental incidents include those causing significant and severe damage:

a) To the lives and property of many people;

b) To economic, social, security, and defense facilities;

c) To large areas spanning multiple provinces and cities;

d) To regions with international impact.

3- The Ministers of Defense and Interior organize specialized forces to form the core in addressing environmental incidents. The Ministry of Science, Technology and Environment, together with the Ministries of Interior and Defense and other relevant ministries and sectors, develop plans to establish these forces to be submitted to the Prime Minister for approval.

Article 31.

Payment for expenses incurred in addressing environmental incidents by mobilized organizations and individuals must follow the principle of agreement between the mobilized organizations and individuals and the competent authority mobilizing them.

The Ministry of Finance details the payment system for these expenses.

Chapter 5:

FINANCING FOR ENVIRONMENTAL PROTECTION TASKS

Article 32. Financing for environmental protection tasks includes:

1- State budget allocated for environmental protection activities, scientific research, and state management of environmental protection;

2- Fees for reviewing environmental impact assessment reports of socio-economic works; environmental protection fees contributed by organizations and individuals using environmental components for production and business purposes according to detailed regulations of the Ministry of Finance;

3- Other amounts (administrative fines for violations of environmental protection, contributions from socio-economic organizations...).

Article 33.

The Government establishes a national reserve fund to address environmental degradation, pollution, and environmental incidents to proactively respond to unexpected environmental incidents, pollution, and degradation.

Sources for establishing this fund include allocations from the state budget, contributions from enterprises (including foreign joint ventures), domestic and foreign individual and organizational contributions for environmental protection activities in Vietnam.

The Ministry of Science, Technology and Environment and the Ministry of Finance develop management and usage regulations for this fund.

Article 34. Organizations and individuals engaged in production and business activities in the following fields or categories must pay environmental protection fees:

- Oil, natural gas, and other mineral extraction;

- Airports, ports, bus stations, train stations;

- Motorized transportation vehicles;

- Other production and business activities causing environmental pollution.

Foreign organizations and individuals conducting production and business activities causing environmental pollution must pay environmental protection fees.

The level of environmental protection fees depends on the degree of negative impact that production and business activities may have on the environment.

The Ministry of Science, Technology and Environment and the Ministry of Finance provide detailed guidance on collecting and using environmental protection fees.

Article 35, The financial sources for annual environmental protection tasks shall be allocated to the following contents:

1- Basic investigation of environmental factors, focusing on soil, water, air, forests, seas, and related cultural aspects...

2- Investigation of environmental pollution conditions in provinces, major cities, industrial zones, important densely populated areas, and oil and gas exploitation regions at sea...

3- Measures for protecting, restoring, and improving the environment, managing waste (especially hazardous waste) in cities and industrial zones;

4- Projects for conserving and restoring ecosystems that are crucial for sustainable economic and social development and maintaining biodiversity (including national parks, protected areas and nature reserves, wetland ecosystems at river mouths and coastal areas, mangrove forest ecosystems, coral reefs, rare species, gene resource conservation...);

5- Construction of necessary facilities for environmental protection.

Article 36.

The Ministry of Science, Technology, and Environment and the Ministry of Finance shall stipulate regulations on revenue, expenditure, and management of finance and assets in environmental protection work in accordance with current management systems.

Chapter 6:

ENVIRONMENTAL INSPECTION

Article 37.

The Ministry of Science, Technology, and Environment shall be responsible before the Government for organizing and directing specialized environmental protection inspection functions, with the following tasks:

1- Inspecting environmental protection activities of Ministries, sectors, and the implementation of state management functions regarding environmental protection at local levels by People's Committees at all levels.

2- Inspecting compliance with legal provisions on environmental protection: standards, regulations on prevention, control, and remediation of environmental degradation, pollution, and environmental incidents when using and exploiting environmental components by organizations and individuals.

Article 38. The organization, powers, and scope of operation of the specialized environmental protection inspection shall be jointly prescribed by the Minister of Science, Technology, and Environment and the State Inspector General in accordance with the provisions of the Environmental Protection Law and the Inspection Ordinance.

Chapter 7:

IMPLEMENTING PROVISIONS

Article 39.

This Decree takes effect from the date of signature.

All previous regulations contrary to this Decree are hereby abolished.

Article 40.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies; Chairpersons of People's Committees of provinces and centrally-administered cities shall be responsible for guiding specific implementation of this Decree according to their respective functions and authorities.

(*) Do not print appendices