DECREE NO. 175/CP ON GUIDELINES FOR IMPLEMENTING THE ENVIRONMENT PROTECTION LAW

DECREE

Regarding the guidance on 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, Technology, and Environment;

DECREE:

PART I

GENERAL PROVISIONS

Article 1

This Decree stipulates in detail 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 concerning 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 provides different provisions from those of this Decree, the provisions of that international treaty shall be applied.

PART II

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

PROTECTION OF THE ENVIRONMENT; RESPONSIBILITY OF ORGANIZATIONS AND INDIVIDUALS

ENVIRONMENTAL PROTECTION

Article 4

1- The Ministry of Science, Technology, and Environment shall unify state management over environmental protection throughout the country, and 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, controlling, and remedying 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 prescribed 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 systems; issuing, 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 laws on environmental protection, organizing environmental inspection work, resolving complaints and reports related to environmental protection within their 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 Department shall assist the Minister of Science, Technology, and Environment in performing state management functions over environmental protection throughout the country.

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

Article 5

1- Ministries, ministerial-level agencies, and government agencies shall, within their respective functions, tasks, and powers, be responsible for state management over environmental protection as follows:

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

Drafting strategic plans and policies on environmental protection within their sector in line 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 according to the guidance of the Ministry of Science, Technology, and Environment within their sector and directly managed facilities;

c) Managing sector-related environmental protection works;

d) Coordinating the review of Environmental Impact Assessment Reports of projects and production and business establishments as prescribed 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, ministerial-level agencies, and government agencies shall cooperate with the Ministry of Science, Technology, and Environment to carry out the following tasks:

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

b) Drafting and submitting to the Government for decision-making and organizing the implementation of plans for preventing, controlling, and remedying environmental degradation, pollution, and emergencies within their sector;

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

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

Article 6

1- Provincial People's Committees and municipal people's committees under central government shall be responsible for state management over environmental protection as follows:

a) Issuing within their authority legal documents on environmental protection at the local level;

b) Directing and inspecting the implementation of national and local regulations on environmental protection at the local level;

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

d) Issuing, 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 at the local level; urging organizations and individuals to comply with environmental protection laws;

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

2- Departments of Science, Technology, and Environment shall be accountable to provincial people's committees and municipal people's committees under central government for state management over environmental protection at the local level.

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.

, Clause 1, Clause 2 Article 7a of this Regulation.

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 organizations regarding environmental protection responsibilities.

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

Article 8

Production and business organizations must strictly comply with 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 prescribed 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 to enhance staff and worker awareness about environmental protection; periodically reporting to the state management agency responsible for environmental protection in their locality on the current environmental status of their operations.

CHAPTER III

ENVIRONMENTAL IMPACT ASSESSMENT

Article 9

Project investors, project managers, or directors of agencies and enterprises 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 on Vietnamese territory;

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 conditions in the project or facility's operational area;

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

c) Recommending environmental mitigation measures.

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 shall be carried out in two stages: preliminary and detailed (only the subjects mentioned in Clause 4 require a detailed assessment).

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 equipment.

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

Article 13

The application dossier for the review of 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 the Environmental Impact Assessment Report 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 circumstances, the Ministry may delegate the review to specialized 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 whose Environmental Impact Assessment Reports need to be submitted to the National Assembly for consideration and presenting it to the Government.

Article 15

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

2- In cases where a Review Board needs to be established:

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

b) The Provincial or centrally governed city Review Board is established by the Chairman of the People's Committee of the province or centrally governed city.

3- The Review Board consists of scientists, managers, and may include representatives from social organizations and the public. The number of 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 time frame for issuing investment permits.

Article 17

The state management agency for environmental protection is responsible for supervising technical design and implementing environmental protection measures recommended by 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:

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.

PART IV

PREVENTION, CONTROL, AND REMEDIATION OF ENVIRONMENTAL DEGRADATION,

ENVIRONMENTAL POLLUTION AND ENVIRONMENTAL INCIDENTS

Article 21

The use and exploitation of national parks, nature reserves, historical, cultural, and 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 organization or individual named on the permit shall proceed to register with the local government 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 involved in activities related to the environment must comply with environmental standards.

The list of Vietnamese environmental standards includes:

1- Environmental standards for soil protection;

2- Environmental standards for water protection;

3- Environmental standards for air protection;

4- Environmental standards for noise control;

5- Environmental standards for radiation and ionizing fields;

6- Environmental standards for residential area protection;

7- Environmental standards for industrial area protection;

8- Environmental assessment standards for forest protection;

9- Environmental assessment standards for biodiversity protection;

10- Environmental assessment standards for ecosystem protection;

11- Environmental standards for marine protection;

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

13- Environmental standards for urban, industrial, and civil planning;

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

15- Environmental standards for 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 for import and export;

21- Environmental standards for hospitals and special medical zones.

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

Article 23

Organizations and individuals exporting or importing animals, plants (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 issued by the authorized Vietnamese quarantine authority. Upon discovering any objects listed in the permit posing risks of disease outbreaks to humans, livestock, or poultry, or causing pollution or environmental degradation, they must report immediately to the nearest local government and state management body for environmental protection to take immediate containment or eradication measures.

For rare and precious species of animals and plants listed under 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 is required. The list of species of these objects is published by the Ministries of Forestry, Fisheries, and Agriculture and Food Industry.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

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 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 specified in the permit.

In cases where items need to be destroyed due to expiration, a detailed application specifying the quantity, technical characteristics, destruction method, and supervision by the state management body for environmental protection and authorized public security agencies must be submitted.

For plant protection products, compliance with the Ordinance on Plant Protection and Quarantine is mandatory.

Article 25

The importation of complete equipment and technology according to 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 have been approved by the state management body for environmental protection.

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

The分级处理此类许可的程序如下：

The Ministry of Science, Technology and Environment issues permits for import cases 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 toxic gas into the environment beyond the prescribed standards. Transportation vehicles imported into Vietnam from the date this Environmental Protection Law comes into effect must meet new emission standards to be allowed to operate.

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

3- For transportation vehicles permitted to operate before the Environmental Protection Law came into effect, technical measures must be applied to minimize the amount of smoke and harmful emissions released into the environment. As of April 1, 1995, all motorized transportation vehicles operating within city limits must ensure smoke emissions do not exceed 60 Hartridge units, must not release 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, convalescent homes, 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.

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 agencies.

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 per current regulations.

4- Waste containing hazardous chemicals that are difficult to decompose must be treated using specific technology 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 bacteria that can cause environmental pollution.

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

Article 29

Starting from 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 cases of serious environmental incidents and recommends urgent measures for handling them, for the Prime Minister to decide.

2- Serious environmental incidents causing significant and severe damage include:

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 Minister of Defense and the Minister of Public Security organize specialized forces to form the core in addressing environmental incidents. The Ministry of Science, Technology and Environment, together with the Ministry of Public Security, the Ministry of Defense, and relevant ministries and sectors, develop plans to build these forces to be submitted to the Prime Minister for approval.

Article 31

Payment for costs to address environmental incidents for organizations and individuals mobilized must follow the principle of agreement between the mobilized organization or individual and the competent authority mobilizing them.

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

CHAPTER V

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 projects; environmental protection fees paid by organizations and individuals using environmental components for production and business purposes, as detailed by the Ministry of Finance;

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

Article 33

The Government establishes a national reserve fund to address environmental degradation, pollution, and environmental incidents to proactively deal with 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 and natural gas extraction, 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-exploring sea areas...

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 socio-economic development and maintaining biodiversity (including national parks, protected and nature reserve areas, wetland ecosystems at river mouths and coastal areas, mangrove forest ecosystems, coral reefs, rare species, gene resources protection...);

5- Construction of necessary facilities for environmental protection.

Article 36

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

Chapter VI

ENVIRONMENTAL INSPECTION

Article 37

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

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

2- Inspecting compliance with legal provisions on environmental protection: standards, regulations on preventing, controlling, and remedying 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 inspection body for environmental protection shall be jointly prescribed by the Minister of Science, Technology, and Environment and the State Inspector General, in conformity with the provisions of the Environmental Protection Law and the Inspection Ordinance.

Chapter VII

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 governed cities shall be responsible for guiding the specific implementation of this Decree according to their respective functions and authorities./.

(*) Do not print appendices