Decree No. 19/2015/NĐ-CP detailing the implementation of certain provisions of the Environmental Protection Law

DECREE

Detailed regulations on implementation of certain articles of the Environmental Protection Law

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Environmental Protection Law on June 23, 2014;

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

The Government promulgates the Decree detailing the implementation of certain articles of the Environmental Protection Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details: Point d Clause 1 Article 38; Clause 5 Article 61; Clause 3 Article 68; Clause 7 Article 70; Clause 3 Article 75; Clause 5 Article 104; Clause 3 Article 146; Clause 2 Article 151; Clause 3 Article 167 of the Environmental Protection Law, including:

1. Restoration and rehabilitation of the environment and environmental restoration and rehabilitation guarantee for mineral extraction activities.

2. Control of soil pollution.

3. Protection of the environment in craft villages.

4. Protection of the environment for the importation and dismantling of used ships.

5. Confirmation of environmental management systems; environmental liability insurance; handling of serious polluting facilities.

6. Incentives and support for environmental protection activities.

7. Community participation in environmental protection.

Article 2. Applicability

This Decree applies to agencies, organizations, households, and individuals conducting activities within the territory of the Socialist Republic of Vietnam, including land, islands, maritime areas, and airspace.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Restoration and rehabilitation of the environment is the activity of bringing the environment and ecosystems in affected areas back to their initial state or achieving safety and environmental standards that serve beneficial purposes for humans.

2. Environmental restoration and rehabilitation guarantee is the act of organizations and individuals depositing a sum of money into the Vietnam Environmental Protection Fund or local environmental protection fund (referred to as the environmental protection fund) to ensure their responsibility for restoring and rehabilitating the environment related to mineral extraction activities.

3. Environmental restoration and rehabilitation plan is a set of solutions aimed at restoring and rehabilitating the environment during mineral extraction activities approved by competent state management authorities.

4. Waste treatment is the process of using technological and technical solutions (other than preliminary processing) to reduce, eliminate, isolate, incinerate, destroy, landfill waste and harmful elements in waste.

5. Waste treatment facility includes: Hazardous waste treatment facility, household solid waste treatment facility, and general waste treatment facility.

6. Craft village environmental protection technical infrastructure encouraged for development includes wastewater drainage, collection, and centralized treatment systems; collection, storage, transportation points and means for general solid waste and hazardous waste; greenery in public areas.

7. Environmentally friendly technology is technology that causes less harm to the environment during operation and use compared to similar technology.

8. Environmentally friendly facility is a facility that meets criteria for energy efficiency, water conservation, waste reduction, reuse, and recycling.

9. Environmentally friendly product is a product that meets eco-label criteria and is certified with an eco-label.

10. Community residents are communities of people living in the same village, hamlet, ward, commune, village, neighborhood, and residential area.

Chapter II

ENVIRONMENTAL RESTORATION AND REHABILITATION AND ENVIRONMENTAL RESTORATION AND REHABILITATION GUARANTEE FOR MINERAL EXTRACTION ACTIVITIES

RESTORE THE ENVIRONMENT FOR EXPLOITATION ACTIVITIES

MINERAL EXTRACTION

Article 4. General provisions on rehabilitation and restoration of the environment for mineral extraction activities

1. All organizations and individuals engaged in mineral extraction must have plans for environmental rehabilitation and restoration and deposit funds for such purposes, to be submitted to competent state management agencies for approval.

2. The plans for environmental rehabilitation and restoration must be consistent with local socio-economic development plans, mineral extraction plans, land use plans, and environmental protection plans.

3. Environmental rehabilitation and restoration must be carried out immediately during the process of mineral extraction.

4. The State encourages and creates conditions for organizations and individuals engaged in mineral extraction to continue leasing land and enjoy preferential policies when transforming areas for environmental rehabilitation and restoration into tourist sites, ecological zones, recreational areas, or other beneficial uses for humans.

Article 5. Subjects required to prepare environmental rehabilitation and restoration plans and supplementary plans

1. The subjects required to prepare environmental rehabilitation and restoration plans (referred to as plans) include:

a) Organizations and individuals preparing applications for mineral extraction permits;

b) Organizations and individuals currently engaged in mineral extraction but without approved plans or environmental rehabilitation and restoration deposit funds;

c) Organizations and individuals engaged in mineral extraction who have approved plans but fail to implement projects within twenty-four months from the date of approval, must prepare new plans.

2. The subjects required to prepare supplementary plans for environmental rehabilitation and restoration (referred to as supplementary plans) include:

a) Organizations and individuals holding mineral extraction permits and approved plans but changing the area, depth, or capacity of mineral extraction;

b) Organizations and individuals proposing changes to the content of environmental rehabilitation and restoration compared to the approved plan.

3. The following cases are not required to prepare plans:

a) Organizations and individuals extracting common construction materials within the boundaries of investment projects for construction works approved or permitted by competent state authorities, where the extracted products are only used for that construction work;

b) Households and individuals extracting common construction materials within their residential land use rights for constructing works within that area.

Article 6. Time for preparation, submission for review, contents of plans and supplementary plans

1. The time for preparation and submission for review of plans and supplementary plans is stipulated as follows:

a) Organizations and individuals with investment projects for mineral extraction as specified in Point a Clause 1 Article 5 must prepare and submit plans to competent authorities for review and approval before applying for mineral extraction permits;

b) Organizations and individuals as specified in Point b Clause 1 Article 5, in addition to being subject to administrative penalties, must prepare and submit plans to competent authorities for review and approval before December 31, 2016;

c) Organizations and individuals as specified in Clause 2 Article 5 must prepare and submit supplementary plans to competent authorities for review and approval before applying for new mineral extraction permits or changing rehabilitation and restoration measures.

2. Plans shall include the following main contents:

a) Characteristics of mineral extraction, current natural, economic, social, and ecological conditions affected during mineral extraction;

b) Measures for environmental rehabilitation and restoration; analysis, evaluation, and selection of the best measures for environmental rehabilitation and restoration;

c) List and volume of items for environmental rehabilitation and restoration according to selected measures;

d) Implementation schedule; division of implementation schedule by year and phase of environmental rehabilitation and restoration; management and supervision programs during the period of environmental rehabilitation and restoration; inspection and confirmation completion schedules;

đ) Budget estimate for implementing environmental rehabilitation and restoration for each item of the selected plan; amounts of deposit funds according to the schedule.

3. Supplementary plans shall include the following main contents:

a) Characteristics of mineral extraction, current natural, economic, and social conditions of the project implementation area at the time of preparing supplementary plans;

b) Changes in the content of environmental rehabilitation and restoration compared to the approved plan; analysis, evaluation, and selection of the best supplementary measures for environmental rehabilitation and restoration;

c) List and volume of supplementary items for environmental rehabilitation and restoration;

d) Implementation schedule; division of implementation schedule by year and phase of environmental rehabilitation and restoration; management and supervision programs during the period of environmental rehabilitation and restoration; inspection and confirmation completion schedules for supplementary plans;

đ) Budget estimate for implementing environmental rehabilitation and restoration according to each supplementary item of environmental rehabilitation and restoration, excluding completed items.

Article 7. Organization for review and approval of plans and supplementary plans

1. The authority to review and approve plans and supplementary plans shall be as follows:

a) The Ministry of Natural Resources and Environment shall organize the review and approval of plans and supplementary plans for mineral extraction projects within its licensing jurisdiction.

b) Provincial People's Committees (referred to as Provincial People's Committee) shall organize the review and approval of plans and supplementary plans for mineral extraction projects within their licensing jurisdiction.

2. The review of plans or supplementary plans shall be conducted through a review board. The composition of the review board includes representatives from state management agencies responsible for environmental protection, geology and minerals, relevant experts in the field of the plan, including: the Chairman of the Board, with an additional Vice-Chairman if necessary; a secretary member; two opposing members and other members. For plans under the review and approval authority of the Ministry of Natural Resources and Environment, the composition of the board must include a representative of the Provincial People's Committee where the plan is implemented.

3. The costs for reviewing plans or supplementary plans shall be borne by the organization or individual conducting mineral extraction according to the provisions of the law.

Article 8. Deposit for rehabilitation and environmental restoration in mineral extraction activities

1. The deposit amount equals the total cost of implementing environmental rehabilitation and restoration works. The cost of each component of environmental rehabilitation and restoration works must apply local norms and unit prices at the time of plan formulation or supplementary plan. In cases where the locality does not have norms and unit prices, they shall be applied according to those of the corresponding ministry or sector. If the ministry or sector does not have unit prices, market prices shall be applied.

2. Organizations and individuals conducting mineral extraction must make annual deposits or phased deposits taking into account inflation factors.

3. Organizations and individuals conducting mineral extraction must make deposits into the local environmental protection fund or the Vietnam Environmental Protection Fund. The deposit must be paid and refunded in Vietnamese dong.

4. The deposit earns interest at the lending rate of the depositing environmental protection fund and is calculated from the date of deposit. Organizations and individuals may only withdraw interest once after obtaining a certificate confirming completion of all aspects of the plan or supplementary plan.

5. Refund of the deposit will be based on organizations and individuals completing part or all of the environmental rehabilitation and restoration work according to the approved plan or supplementary plan.

6. In cases where organizations and individuals conducting mineral extraction have made deposits but have been dissolved or declared bankrupt without completing environmental rehabilitation and restoration according to the approved plan or supplementary plan, the competent authority approving the plan or supplementary plan shall be responsible for using the deposited funds including interest to carry out environmental rehabilitation and restoration.

Article 9. Confirmation of completion of plans and supplementary plans

1. Organizations and individuals, after completing part or all of the content of environmental restoration and improvement according to the plan or supplementary plan approved, shall establish a dossier for the completion of the plan or supplementary plan to request the competent authority to inspect and confirm the completion.

2. The competent authority to inspect and confirm the completion of the plan or supplementary plan is the authority that approved the plan or supplementary plan.

3. The inspection and confirmation of the completion of the entire content of the plan or supplementary plan shall be carried out during the acceptance of the results of the mine closure project. The content of the decision on mine closure includes the confirmation of the completion of the entire plan or supplementary plan. The decision on mine closure replaces the certificate of completion of the entire plan or supplementary plan.

Article 10. Responsibilities of management agencies and units

1. Responsibilities of the Ministry of Natural Resources and Environment:

a) To develop and promulgate guidelines on procedures, formalities, contents of examination, approval, inspection, and confirmation of completion of plans and supplementary plans and environmental restoration and improvement guarantees for mining activities;

b) To unify state management over environmental restoration and improvement and environmental restoration and improvement guarantees for mining activities;

c) To examine, approve, and inspect and confirm the completion of plans and supplementary plans within their jurisdiction;

d) To develop and promulgate technical guidelines on environmental protection, environmental restoration, and improvement in mining activities;

e) To periodically inspect and audit environmental protection, environmental restoration, and improvement work of organizations and individuals engaged in mining activities, and report to the Prime Minister on the implementation results.

2. Responsibilities of Ministries, ministerial-level agencies, and agencies under the Government (referred to as Ministries and sectors):

a) To coordinate with the Ministry of Natural Resources and Environment to develop and promulgate or submit to the competent authority for promulgation related documents concerning environmental restoration and improvement and environmental restoration and improvement guarantees for mining activities;

b) To coordinate with the Ministry of Natural Resources and Environment and relevant agencies and organizations to implement regulations on environmental restoration and improvement and environmental restoration and improvement guarantees for mining activities as stipulated in this Decree;

c) The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide the management and use of environmental restoration and improvement guarantee funds.

3. Responsibilities of the People's Committee at the provincial level:

a) To examine, approve, and inspect and confirm the completion of plans and supplementary plans within their jurisdiction;

b) To inspect, audit, and guide environmental restoration and improvement and environmental restoration and improvement guarantees of organizations and individuals engaged in mining activities within their jurisdiction;

c) To report to the Ministry of Natural Resources and Environment on the implementation results of environmental restoration and improvement and environmental restoration and improvement guarantees; the situation of managing and using environmental restoration and improvement guarantee funds before December 31 each year.

4. Responsibilities of environmental protection funds:

a) To receive and confirm in writing the deposit of organizations and individuals engaged in mining activities;

b) To refund the deposit and interest on the deposit to organizations and individuals in accordance with regulations;

c) To manage and use the deposit in accordance with the provisions of the law. Annually, to report to the People's Committee of the province, the Ministry of Natural Resources and Environment, and the Ministry of Finance on the management and use of the deposit;

d) To urge organizations and individuals engaged in mining activities to make environmental restoration and improvement deposits on time; to recommend the competent authority to issue decisions on fines for late deposits.

5. Responsibilities of organizations and individuals engaged in mining activities

a) To establish and submit to the competent authority for examination and approval of plans or supplementary plans; to notify the content of the approved plans or supplementary plans to the People's Committee and the People's Council at the commune level where mining activities take place for inspection and supervision;

b) To carry out environmental restoration and improvement and environmental restoration and improvement guarantees in accordance with regulations;

c) To establish and submit to the competent authority for inspection and confirmation of partial or full completion of plans or supplementary plans;

d) To pay fees for examination, inspection, and confirmation of completion of plans or supplementary plans in accordance with the law;

e) To report on the implementation of environmental restoration and improvement and environmental restoration and improvement guarantees to the authority that approved the plan or supplementary plan and the local environmental protection management agency before December 15 each year.

Chapter III

ENVIRONMENTAL POLLUTION CONTROL OF SOIL

Article 11. Determination, Statistics, Assessment, and Control of Factors Causing Soil Environmental Pollution

1. Factors causing soil environmental pollution must be determined, statistically analyzed, assessed, and controlled, including pollutants generated from:

a) Natural processes: Climate change, floods, saltwater intrusion, desertification, deposition of pollutants from atmospheric circulation, natural disasters, and natural weathering;

b) Human activities: Intentional or unintentional generation of chemicals; waste from agricultural, industrial, commercial, service, and residential production; mineral extraction and processing; waste recycling and treatment; storage and retention of chemicals, pesticides, and chemical warfare agents.

2. The control of factors causing soil environmental pollution shall be carried out as follows:

a) Implement preventive measures to limit impacts on the environment from sources of pollution;

b) Regularly monitor and supervise;

c) Promptly isolate and handle when signs of environmental pollution appear.

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries, sectors, and localities to review, compile, and submit to the Prime Minister for issuance of a list of sources and facilities generating factors that cause soil environmental pollution requiring strict control; guide the statistical analysis, assessment, determination, and preventive and control measures for factors causing soil environmental pollution.

Article 12. Control of Soil Environmental Pollution at Production, Business, and Service Facilities

1. Production, business, and service facilities must implement close monitoring and supervision of stages and areas generating factors that cause soil environmental pollution; promptly detect, isolate, and handle factors causing soil environmental pollution when signs of pollution appear; develop and implement emergency response plans for environmental incidents according to the provisions of the Law on Environmental Protection.

2. The following facilities must conduct regular soil quality monitoring, report results to environmental management authorities as prescribed by the Ministry of Natural Resources and Environment:

a) Waste treatment facilities;

b) Mineral extraction facilities;

c) Chemical production facilities and other facilities using hazardous chemicals listed for emission monitoring by the Ministry of Natural Resources and Environment under Clause 2, Article 121 of the Law on Environmental Protection.

3. When transferring land use rights, the transferee has the right to request the transferor to provide information about the soil quality in the area where the land use rights are being transferred.

4. Facilities specified in Clause 2 of this Article, when changing land use purposes to residential or commercial land, must conduct soil quality assessments; disclose information among land users. Soil quality must be approved by the competent authority in the environmental impact assessment report or confirmed by the competent authority in the environmental protection plan as suitable for residential or commercial use. In cases where the soil quality in the area undergoing purpose change is not suitable for residential or commercial use, the current land user and the future land user for residential or commercial purposes must have appropriate soil remediation plans for the intended use.

Article 13. Environmental pollution control for areas contaminated with harmful chemicals used in warfare, residual pesticides, and other harmful substances

1. Areas of land contaminated under the responsibility of the State for remediation include:

a) Areas contaminated by environmental pollution caused by harmful chemicals used in warfare;

b) Areas contaminated by environmental pollution caused by residual pesticides;

c) Areas contaminated by environmental pollution but the polluter cannot be identified.

2. The environmental pollution control for areas under the responsibility of the State for remediation must be carried out as follows:

a) Conduct preliminary statistics and investigations of contaminated areas; conduct initial risk assessments;

b) Conduct detailed investigations to determine the extent and degree of contamination and conduct risk assessments;

c) Develop models and solutions for pollution treatment, restoration, and environmental recovery;

d) Isolate, treat, restore, and recover the environment according to approved solutions;

đ) Monitor and follow up on post-treatment, restoration, and environmental recovery activities;

3. Provincial People's Committees shall develop plans for the remediation, restoration, and recovery of the environment for objects specified in Clause 1 of this Article, submit them to the Ministry of Natural Resources and Environment for review and approval.

In cases where organizations or individuals wish to remediate, restore, and recover polluted land for other purposes, they must develop plans for remediation, restoration, and recovery of the environment, submit them to the Provincial People's Committee for review and approval, and have the completion of restoration and recovery confirmed before using the land.

4. Facilities listed in Clause 3 of Article 11 of this Decree that do not fall within the scope specified in Clause 1 of this Article must bear the responsibility for organizing investigations, evaluations, isolation, and remediation and recovery when environmental pollution occurs.

The quality of the soil environment in areas contaminated with harmful chemicals used in warfare, residual pesticides, and other harmful substances must be disclosed to relevant organizations and individuals.

Article 14. Responsibilities for controlling environmental pollution of the land of agencies

1. The Ministry of Natural Resources and Environment:

a) Establish regulations and guidelines for assessing the capacity of the land environment based on its intended use;

b) Issue guidelines for identifying, statistically analyzing, evaluating, isolating, and controlling factors that may cause environmental pollution of the land; provide information about the quality of the land environment; confirm the quality of land areas converted from agricultural land to residential or commercial land as stipulated in Clause 4 of Article 12 of this Decree;

c) Develop and update the national information system on contaminated areas and environmental pollution control of the land;

d) Aggregate and publish the quality of the land environment and factors that may cause environmental pollution of the land nationwide;

đ) Guide methods for publishing information about the quality of the land environment;

2. The Ministry of National Defense and the Ministry of Public Security shall take the lead and coordinate with the Provincial People's Committees to organize investigations and statistical information about the quality of the land environment for defense and security lands, report the results to the Ministry of Natural Resources and Environment for consolidation; implement the remediation of assigned contaminated land areas.

3. Provincial People's Committees:

a) Organize investigations, evaluations, and publicize information about factors that may cause environmental pollution of the land in their jurisdiction; monitor the quality of the land environment in public areas;

b) Publish information about the quality of the land environment (maps, evaluation reports on land quality, land degradation, land pollution) in accordance with laws on land; update information on land environmental pollution control in their jurisdiction into the national information system on land environmental pollution control;

c) Issue warnings for areas with land quality unsuitable for intended use; monitor and supervise the establishment and implementation of plans for land environmental pollution remediation, restoration, and recovery to suit the intended use of land users or polluters listed in Clause 3 of Article 11 of this Decree;

d) Implement the remediation of contaminated land areas in their jurisdiction.

Chapter IV

ENVIRONMENTAL PROTECTION IN CRAFT VILLAGES

Article 15. General provisions on environmental protection for craft villages

1. The environmental protection plan for craft villages includes the content, methods, and procedures for conducting environmental protection activities; the current production and living activities of the craft village; types and quantities of waste generated; organization of environmental protection activities in general, measures to reduce, collect, and treat waste generated from the craft village; allocation of resources to implement environmental protection activities; responsibilities of organizations and individuals involved.

2. Technical infrastructure for environmental protection in craft villages must have at least 20% of the production facilities in encouraged industries invested from the state budget. The People's Committee of the province arranges local budgets to invest in technical infrastructure for environmental protection for encouraged craft villages, mobilizing resources to invest in technical infrastructure for environmental protection in craft villages within its jurisdiction.

3. Production facilities in encouraged industries in craft villages are those listed in Appendix I of this Decree. In each period, the Ministry of Natural Resources and Environment shall take the lead, in coordination with relevant ministries, sectors, and localities, to review and submit to the Prime Minister for amendments and supplements to Appendix I of this Decree in accordance with reality.

4. The Ministry of Agriculture and Rural Development shall promulgate or submit to the competent authority for promulgation mechanisms and policies to provide preferential treatment and support for production facilities in encouraged industries and encouraged craft villages; coordinate with the Ministry of Natural Resources and Environment to establish criteria for environmental protection in recognizing craft villages.

Article 16. Environmental protection responsibilities of production facilities in craft villages

1. Implement environmental protection measures stated in the environmental impact assessment report, environmental protection commitment letter, detailed environmental protection proposal, simple environmental protection proposal, or report on environmental protection measures.

In cases where production facilities in encouraged industries in craft villages do not have an environmental impact assessment report, environmental protection commitment letter, detailed environmental protection proposal, or simple environmental protection proposal, they must prepare a report on environmental protection measures, describe the facility's operations, types of waste generated, measures to reduce dust, heat, noise, vibration, collect and treat wastewater and exhaust gases on-site; classify, store, self-treat, or transfer solid waste; submit to the local environmental management agency for inspection and monitoring.

2. Fully pay all types of environmental protection fees and financial obligations as prescribed by law for the craft village's environmental protection activities.

3. Production, business, and service facilities in craft villages that are not subject to Clause 3 of Article 15 of this Decree must comply with the provisions of Clause 3 of Article 70 of the Law on Environmental Protection and other regulations on environmental protection for production, business, and service facilities.

Article 17. Responsibilities of the People's Committee of the Commune

1. Prepare and submit to the People's Committee of the district for approval the environmental protection plan for craft villages in its jurisdiction to organize implementation.

2. Urge the inclusion of environmental protection content in the village's customs and regulations.

3. Allocate staff knowledgeable about laws and environmental management to monitor the implementation of environmental protection work in craft villages; guide the operation of self-management organizations for environmental protection in craft villages.

4. Prioritize allocating environmental public works funds and other sources of funding for environmental management work, investment, repair, and renovation of technical infrastructure for environmental protection in encouraged craft villages within its jurisdiction.

5. Manage, operate, and maintain according to regulations when taking over and receiving environmental protection technical infrastructure projects and facilities in craft villages.

6. Regularly guide, inspect the implementation, and handle violations of environmental protection laws by facilities under its jurisdiction.

7. Promote information dissemination and raise awareness among residents about their environmental protection responsibilities; guide facilities to maximize recovery, recycling, reuse, and on-site treatment of various types of waste.

8. Announce information about the current environmental status and environmental protection work in craft villages through local media, through local political-social organizations, and during meetings of the People's Committee and People's Councils at the commune level.

9. Report to the People's Committee of the district on environmental protection work, the situation of waste generation and handling in craft villages under its jurisdiction annually before October 30 or at any time upon request.

Article 18. Responsibilities of the People's Committee at the district level

1. Conduct investigations, statistics, and compile lists of craft villages, craft villages encouraged for development, production establishments belonging to industries encouraged for development within craft villages on its territory; direct the registration agency at the district level to consider revoking business registration certificates for production establishments within craft villages that do not belong to encouraged industries causing serious environmental pollution and failing to ensure appropriate distances from residential areas.

2. Urge, approve, and guide the People's Committee at the commune level in implementing and inspecting the implementation of environmental protection plans for craft villages.

3. Direct the construction and inspection of the implementation of environmental protection contents in village conventions and regulations.

4. Review and propose planning for industrial clusters or arranging livestock zones and centralized production areas outside residential areas in compliance with environmental protection regulations to establish plans and organize the relocation of production establishments not belonging to encouraged industries causing environmental pollution out of residential areas.

5. Prioritize allocation of state budget funds for environmental management work, funds from other sources for investment, construction, upgrading, and renovation of technical infrastructure projects for environmental protection for encouraged craft villages.

6. Guide, inspect, audit, and handle violations of environmental protection laws by production establishments within its territory.

7. Promote and disseminate legal provisions on environmental protection; organize activities encouraging production, business, and service establishments to apply cleaner production methods, environmentally friendly technologies, waste collection, and recycling.

8. Announce information about the current environmental status and environmental protection work in craft villages through local media and at meetings of the People's Committee and People's Council at the district level.

9. Compile and report to the People's Committee at the provincial level on environmental protection work, the situation of waste generation and handling in craft villages within its territory annually before November 30 each year or at any time upon request.

Article 19. Responsibilities of Provincial People's Committees

1. Compile and announce lists of craft villages, craft villages encouraged for development, production establishments belonging to encouraged industries; plans for developing craft villages, plans for transitioning industries or relocating out of residential areas for production establishments not belonging to encouraged industries causing environmental pollution within its territory.

2. Allocate funds from the local budget for environmental protection activities in craft villages. Prioritize allocation of state budget funds and other sources of funding for environmental management work and investment in constructing environmental protection facilities, upgrading, and renovating environmental protection technical infrastructure for encouraged craft villages.

3. Develop, issue, or submit to competent authorities for issuance and implementation mechanisms and policies providing preferential support for production establishments belonging to encouraged industries; mechanisms and policies supporting establishments causing environmental pollution to relocate out of residential areas or transition their production industries.

4. Ensure environmental protection conditions in recognizing craft villages.

5. Assess the degree of environmental pollution in craft villages, develop plans to address environmental pollution in craft villages, including:

a) Statistics on wastewater, exhaust gases, general solid waste, and hazardous solid waste generated by establishments within craft villages;

b) Evaluate the degree of surface water, groundwater, soil, and air pollution;

c) Develop and implement measures to mitigate environmental pollution in craft villages.

6. Direct planning, approve, and invest in building technical infrastructure for environmental protection for encouraged craft villages; plan industrial zones, centralized industrial clusters, or livestock and production areas outside residential areas in compliance with environmental protection regulations to relocate production establishments causing environmental pollution out of residential areas.

7. Manage the collection, transportation, recycling, and treatment of rural waste and waste generated from activities of establishments within craft villages.

8. Guide, inspect, audit, and handle violations of environmental protection laws by production establishments within its territory.

9. Announce information about the current environmental status and environmental protection work in craft villages through local media and at meetings of the People's Committee and People's Council at the provincial level.

10. Report to the Ministry of Natural Resources and Environment on environmental protection work, the situation of waste generation and handling in craft villages within its territory annually before December 30 each year or at any time upon request.

Article 20. Responsibilities of the Ministry of Natural Resources and Environment

1. Issuing or submitting to competent authorities for issuance regulations on environmental protection conditions for craft villages; National technical standards on the environment for production facilities in encouraged industries; coordinating with the Ministry of Finance to issue or submit to competent authorities for issuance mechanisms and policies to provide preferential support for environmental protection for production facilities in encouraged industries and encouraged craft villages.

2. Managing, updating information and data on environmental protection in craft villages nationwide; announcing lists of environmentally polluted craft villages and severely environmentally polluted craft villages; guiding and inspecting the implementation of regulations on environmental protection in craft villages.

3. Guiding the handling of waste generated from operations of production facilities in encouraged industries within craft villages.

4. Guiding the content, procedures for building and approving environmental protection plans for craft villages; preparing reports on environmental protection measures for production facilities in encouraged industries within craft villages.

5. Guiding and organizing training, capacity building, seminars, disseminating experiences, providing information on environmental laws, environmental protection solutions, environmentally friendly production methods, organizing exhibitions, trade fairs, promoting environmentally friendly products and environmental technology for encouraged development production facilities in craft villages.

Article 21. Policies Encouraging the Development of Craft Villages and Production Facilities in Encouraged Industries

1. Being prioritized in the allocation of budget and investment in infrastructure construction for environmental protection according to relevant laws; introducing and promoting products in commercial and tourism activities; training and disseminating knowledge about environmental protection to community residents, self-managed organizations for environmental protection, and village-level environmental management officials.

2. Being prioritized during the review and approval process for preferential loans from financial institutions for environmental purposes, the Vietnam Environmental Protection Fund, industry environmental protection funds, and local environmental protection funds for entities with environmental protection projects according to the organizational operation regulations of the environmental protection fund.

3. Being prioritized during the selection process for implementing programs to encourage small-scale industry and agriculture, national target programs for new rural development; being prioritized in receiving and implementing waste treatment models from international projects, tasks, and projects funded by the state budget.

Chapter V

ENVIRONMENTAL PROTECTION FOR IMPORT AND BREAKING DOWN USED SHIPS

Article 22. Environmental Protection Requirements for Ship Breaking Facilities for Used Ships

1. Projects to establish ship breaking facilities must have an environmental impact assessment report approved by the Ministry of Natural Resources and Environment.

2. Ship breaking facilities must apply environmental management system standards according to the national standard TCVN ISO 14001.

3. When dismantling each ship, ship breaking facilities must prepare an environmental protection plan for ship breaking activities to be submitted to the Ministry of Natural Resources and Environment for approval. The environmental protection plan for ship breaking activities includes the following main contents:

a) Measures for preventing, responding to, and remedying environmental incidents during ship breaking activities;

b) Plans for collecting, storing, transporting, and treating general waste and hazardous waste during ship breaking activities;

c) Measures for treating wastewater and exhaust gases generated during ship breaking activities to ensure compliance with national technical standards on the environment.

The Ministry of Natural Resources and Environment will provide detailed guidance on procedures, documentation, and organization of evaluation and approval of environmental protection plans for ship breaking activities of used ships.

4. Procedures for evaluating and confirming environmental protection plans for ship breaking activities of used ships:

a) Ship breaking facilities must submit environmental protection plans for ship breaking activities of used ships to the General Department of Environment sixty days before commencing ship breaking activities according to the form specified in Appendix IV of this Decree;

b) Within twenty days, the General Department of Environment shall organize the evaluation and confirmation of environmental protection plans for ship breaking activities of used ships;

c) If the environmental protection plan for ship breaking activities of used ships meets the requirements for environmental protection as stipulated by law, the General Department of Environment shall issue a decision to approve the environmental protection plan for ship breaking activities of used ships within ten days. The form of the approval decision is specified in Appendix V of this Decree;

d) If the environmental protection plan for ship breaking activities of used ships does not meet the requirements for environmental protection as stipulated by law, the General Department of Environment shall notify in writing within five days, specifying the reasons for the facility's knowledge.

5. Conditions for material, technical, technological, and human resources for environmental protection for ship breaking facilities:

a) Having dry docks or specialized land sites and equipment suitable for pulling ships onto land to ensure environmental protection conditions for directly carrying out ship breaking activities;

b) Having ship breaking technologies and equipment for handling accompanying debris that meet environmental technical standards and regulations on waste management;

c) Having equipment and technical measures to control pollution and protect the environment at the ship breaking site;

d) Having staff who have been trained and certified in environmental protection according to the regulations of the Ministry of Natural Resources and Environment.

Article 23. Environmental protection requirements for imported ships for dismantling

1. In addition to complying with the current import procedures, the importation of ships for dismantling must also present a certificate of conformity with national technical standards on the environment for imported ships for dismantling issued by a certification organization.

2. The Ministry of Natural Resources and Environment designates the certification organizations in accordance with the laws on standards and technical regulations; guides the procedures and processes for assessing environmental protection conditions for imported ships for dismantling.

Article 24. Responsibilities of Ministries, agencies, provincial People's Committees regarding the activities of importing and dismantling used ships

1. The Ministry of Natural Resources and Environment is responsible for organizing and implementing environmental protection regulations for the activities of importing and dismantling used ships.

2. The Ministry of Transport shall coordinate with the Ministry of Natural Resources and Environment in organizing and implementing environmental protection regulations for the activities of importing and dismantling used ships.

3. Relevant ministries and sectors within their respective jurisdictions shall cooperate with the Ministry of Natural Resources and Environment in implementing environmental protection regulations for the activities of importing and dismantling used ships.

4. Within their authority, provincial People's Committees shall organize inspections and supervision of the implementation of environmental protection laws in the operations of ship dismantling facilities as stipulated in this Decree and other relevant laws.

Chapter VI

ENVIRONMENTAL MANAGEMENT SYSTEM CERTIFICATION; ENVIRONMENTAL LIABILITY INSURANCE; HANDLING SEVERELY POLLUTING FACILITIES

Section 1

ENVIRONMENTAL MANAGEMENT SYSTEM CERTIFICATION

Article 25. Entities required to implement environmental management system certification

1. Production, business, and service establishments that have commenced operations and generate large quantities of waste, posing serious risks to the environment, as listed in Appendix II of this Decree, must implement environmental management system certification.

2. Establishments holding valid certificates of conformity with the national standard TCVN ISO 14001 issued by a registered certification organization in accordance with the law need not implement environmental management system certification.

The head of the establishment must submit a written commitment to comply fully with the provisions set forth in Article 27 of this Decree to the competent authority for confirmation.

3. Based on the proposal of the Ministry of Natural Resources and Environment, the Prime Minister shall review and decide to adjust the list of production, business, and service establishments required to implement environmental management system certification at different periods.

Article 26. Time for Implementing Environmental Management System Certification

1. Establishments currently engaged in production, business, and service activities must complete their first environmental management system certification no later than 12 months from the date this Decree takes effect.

2. Establishments not falling under the category specified in Clause 1 of this Article must complete their first environmental management system certification within 12 months after commencing production, business, and service activities but no later than 24 months from the commencement date of such activities.

Article 27. Contents of the Environmental Management System

1. Contents of the environmental management system:

a) Plans or procedures for operating production facilities in accordance with laws on environmental protection;

b) Commitment to using efficient production processes and equipment to save energy and raw materials, and reduce environmental pollution;

c) Establishing and maintaining continuous monitoring procedures for the environmental impacts of production activities; setting environmental goals and indicators for environmental protection activities and evaluating their effectiveness;

d) Identifying, implementing, and maintaining the roles, responsibilities, and authorities of leaders and employees regarding environmental protection; assigning staff responsible for environmental management; providing necessary resources to carry out the environmental protection work of the facility;

đ) Programs to raise awareness among workers and employees about the impact of production activities at the facility on the environment and measures to minimize such impacts (at least once a year);

e) Prioritizing policies for suppliers and contractors recognized as environmentally friendly facilities or having products labeled as eco-friendly;

g) Annual environmental report publication plan; information dissemination plan to customers and surrounding communities on necessary measures to protect the environment.

2. The environmental management system must be adjusted promptly with changes in the operation process of the facility.

Article 28. Confirmation of the Environmental Management System

1. The application dossier for confirming the environmental management system includes:

a) Application form for confirmation of the environmental management system;

b) Report on the environmental management system of the facility.

2. The owner of the production, business, and service facility submits the application dossier for confirming the environmental management system to the competent authority for confirmation. The owner has the right to submit the application dossier for confirmation via email.

3. After receiving the application dossier for confirming the environmental management system, the competent authority for confirmation reviews the dossier; if the dossier is incomplete or invalid, within three days, they must notify the owner in writing to complete the dossier.

4. After receiving a complete and valid dossier, the competent authority for confirmation is responsible for organizing the confirmation and issuing the environmental management system confirmation certificate within thirty days.

In case the environmental management system confirmation certificate is not issued, the competent authority for confirmation is responsible for notifying the owner in writing and specifying the reasons.

5. The environmental management system confirmation certificate is valid for five years from the date of issuance.

6. The Ministry of Natural Resources and Environment stipulates the format of the report and the procedure and formalities for confirming the environmental management system of the facility.

Article 29. Authority to Confirm the Environmental Management System

1. The Ministry of Natural Resources and Environment confirms the environmental management system for facilities not belonging to national defense and security sectors.

2. The Ministry of National Defense and the Ministry of Public Security confirm the environmental management system for facilities belonging to national defense and security sectors.

Article 30. Changes and Reconfirmation of the Environmental Management System

1. In cases where the facility makes changes that reduce the requirements and responsibilities for environmental protection already confirmed in the environmental management system or changes in scale, capacity, technology that increase negative impacts on the environment, written approval from the confirming authority is required. The confirming authority is responsible for responding in writing within twenty days from the date of receipt of a valid dossier.

2. The facility must submit the reconfirmation application dossier for the environmental management system at least ninety days before the environmental management system confirmation certificate expires. The reconfirmation dossier includes:

a) Application form for reconfirmation;

b) Environmental management system confirmation certificate;

c) Compliance report with the contents of the confirmed environmental management system.

If there are changes in the contents of the confirmed environmental management system, the facility must clearly state these changes.

3. The reconfirmation process of the environmental management system is carried out according to the provisions of Article 28 of this Decree. The processing time for the dossier and reissuing the environmental management system confirmation certificate does not exceed twenty days.

Section 2

ENVIRONMENTAL DAMAGE LIABILITY INSURANCE

REGARDING THE ENVIRONMENT

Article 31. Organizations and individuals purchasing environmental damage liability insurance

1. Organizations and individuals engaged in the following production, business, and service activities must purchase environmental damage liability insurance or establish a risk reserve fund in accordance with the provisions of the law:

a) Oil and gas activities including exploration, development, and exploitation of oil and gas fields, as well as activities directly serving these operations;

b) Production and trading of chemicals and petroleum products;

c) Using specialized ships to transport crude oil, petroleum products, or other dangerous goods when operating within the waters of seaports and Vietnam's territorial seas;

d) Storing, transporting, and treating hazardous waste; transporting dangerous goods.

2. Based on the type, scale, nature, and location of the activities, the Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Finance and relevant agencies to compile a list of entities required to purchase environmental damage liability insurance; and specify the minimum level of responsibility for each entity.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to provide detailed regulations on establishing a risk reserve fund.

Article 32. Insured Object

1. The insured object of environmental damage liability insurance is the responsibility of organizations and individuals purchasing insurance for costs incurred to fulfill their obligation to compensate for environmental damage in the following cases:

a) Water environments serving conservation, daily life, recreation, production, and other purposes being polluted, severely polluted, or extremely severely polluted;

b) Soil environment serving conservation, production, and other purposes, which have been polluted, severely polluted, or extremely severely polluted;

c) Natural ecosystems within and outside nature reserves that have deteriorated;

d) Endangered, rare, and precious species prioritized for protection under the law being killed or injured.

2. The scope of the environment affected shall be determined based on the type, scale, nature, and location of the activities of organizations and individuals purchasing environmental liability insurance.

Section 3

HANDLING OF SEVERELY POLLUTING FACILITIES

Article 33. Principles and Basis for Identifying Severely Polluting Facilities

1. The identification of facilities causing environmental pollution and severe environmental pollution must be conducted objectively, fairly, and in accordance with the law; based on national technical standards for the environment and the degree of violation of acts causing environmental pollution, including:

a) Acts of discharging wastewater, exhaust gases, dust exceeding national technical standards for the environment;

b) Acts of generating noise and vibration exceeding national technical standards for the environment;

c) Acts of burying or discharging into soil, water environments substances causing pollution in liquid, solid, or sludge form not in compliance with regulations, resulting in soil, water, and air quality exceeding national technical standards for ambient environmental quality.

2. Factors determining the degree of violation of acts causing environmental pollution

a) For the act specified in Point a Clause 1 of this Article, it includes: The volume of wastewater, exhaust gas flow rate, and dust from the facility; the number of times national technical standards for the environment are exceeded for characteristic environmental parameters and the number of characteristic environmental parameters exceeding national technical standards for pollutants in wastewater, exhaust gases, and dust from the facility;

b) For the act specified in Point b Clause 1 of this Article, it includes: The number of times national technical standards for noise and vibration are exceeded; the subject affected; the time and place where the act occurred;

c) For the act specified in Point c Clause 1 of this Article, it includes: The number of times national technical standards for surface water, groundwater, seawater, and ambient air quality are exceeded for environmental parameters caused by these acts.

3. Environmental parameters exceeding national technical standards for the environment shall be determined based on the results of monitoring those environmental parameters compared to corresponding national technical standards for the environment, carried out by units certified to have the conditions to operate environmental monitoring services.

4. The Ministry of Natural Resources and Environment shall stipulate criteria for identifying severely polluting facilities.

Article 34. List of serious environmental pollution sources and measures to address environmental pollution

1. A serious environmental pollution source that has been administratively penalized must be included in the list along with pollution control measures and implementation deadlines, except for cases where operations have been temporarily suspended or prohibited.

2. Pollution control measures for serious environmental pollution sources when included in the list shall include:

a) Relocation to a location suitable with planning and environmental carrying capacity;

b) Upgrading, improving, or constructing new waste treatment systems meeting national technical standards on the environment;

c) Restoring the environment in areas already polluted.

3. During the implementation of pollution control measures, serious environmental pollution sources must apply appropriate pollution reduction measures. The pollution reduction measures of the source must be specified in the list of serious environmental pollution sources.

4. The Ministry of Natural Resources and Environment shall guide the inspection, evaluation of results, and confirmation of completion of thorough pollution control measures at serious environmental pollution sources; take the lead in supervising and inspecting thorough pollution control work at serious environmental pollution sources nationwide.

Article 35. Procedures and formalities for deciding the list of serious environmental pollution sources

1. Authorities responsible for environmental protection inspections and checks shall send the provincial Department of Natural Resources and Environment the inspection and check results and related files within five days from the date of issuing the inspection conclusion notice (except for sources inspected and checked by the Ministry of National Defense and the Ministry of Public Security).

2. Within thirty days from receiving the environmental protection inspection and check results, the appraisal results of authorized state agencies, and based on criteria for classifying serious environmental pollution sources, the provincial Department of Natural Resources and Environment shall compile a list of serious environmental pollution sources in its jurisdiction, report it to the provincial People's Committee, the Ministry of Natural Resources and Environment, and simultaneously send the list of serious environmental pollution sources to relevant ministries and sectors.

3. Within twenty days from receiving the report from the provincial Department of Natural Resources and Environment, the provincial People's Committee shall compile the list of serious environmental pollution sources; simultaneously report the list of serious environmental pollution sources in its jurisdiction and related files to the Ministry of Natural Resources and Environment for review and consolidation, and report to the Prime Minister; for sources under the management authority of ministries and sectors, opinions of relevant ministries and sectors must be consulted before inclusion in the list.

4. Within thirty days from issuing the environmental protection inspection and check conclusions, the appraisal results, and based on criteria for classifying serious environmental pollution sources, specialized agencies on environmental protection of the Ministry of National Defense and the Ministry of Public Security shall compile a list of serious environmental pollution sources in the defense and security fields, report to the Ministers of National Defense and Public Security, and simultaneously send the list to the Ministry of Natural Resources and Environment for monitoring.

5. Within twenty days from receiving reports from specialized agencies on environmental protection, the Ministry of National Defense and the Ministry of Public Security shall send lists of serious environmental pollution sources under their management and related files to the Ministry of Natural Resources and Environment for review and consolidation, and report to the Prime Minister.

6. Within thirty days from receiving reports from provincial People's Committees, reports from the Ministry of National Defense, and the Ministry of Public Security, and based on inspection and appraisal results from the Ministry of Natural Resources and Environment, the Ministry of Natural Resources and Environment shall review and consolidate, report to the Prime Minister or approve the list of serious environmental pollution sources according to the Prime Minister’s authorization.

7. The list of serious environmental pollution sources must be accompanied by control measures as stipulated in Clause 2, Article 34 of this Decree.

Article 36. Publicizing the list of facilities causing serious environmental pollution and measures to address environmental pollution

1. The list of facilities causing serious environmental pollution and measures to address such pollution, after approval, shall be sent to the Ministry of Natural Resources and Environment, the relevant sector management ministry, and the provincial People's Committee where the facility causing serious environmental pollution operates within five days from the date of approval.

2. After receiving the decision approving the list from the competent state agency, the Ministry of Natural Resources and Environment shall be responsible for publishing information about facilities causing serious environmental pollution on the Ministry’s website and the General Environmental Department until the facility is certified as having completed the measures to address environmental pollution.

3. After receiving the decision approving the list from the competent state agency, the provincial People's Committee shall be responsible for publishing information about facilities causing serious environmental pollution in its locality on the province’s website and through mass media until the facility is certified as having completed the measures to address environmental pollution; at the same time, it shall disseminate the decision approving the list of facilities causing serious environmental pollution to the district People's Committees where the facility causing serious environmental pollution operates.

4. After receiving the decision approving the list from the competent state agency, the district People's Committee shall be responsible for:

a) Publishing information about facilities causing serious environmental pollution operating in the locality that must implement measures to address environmental pollution according to the decision of the competent state agency on the local website until the facility is certified as having completed the measures to address environmental pollution; at the same time, disseminating the decision approving the list of facilities causing serious environmental pollution to the commune People's Committees where the facility causing serious environmental pollution operates;

b) Regularly informing about the implementation of measures to address environmental pollution by facilities causing serious environmental pollution in the locality according to the decision of the competent state agency through the local radio system.

5. After receiving the decision approving the list from the competent state agency, the commune People's Committee shall be responsible for:

a) Publicly posting at the commune People's Committee office information about facilities causing serious environmental pollution operating in the locality that must implement measures to address environmental pollution according to the decision of the competent state agency;

b) Notifying information about facilities causing serious environmental pollution operating in the locality that must implement measures to address environmental pollution according to the decision of the competent state agency to villages, hamlets, villages, wards, and equivalent organizations, and social political organizations in the commune to be aware and cooperate in monitoring the implementation.

Chapter VII

INCENTIVES AND SUPPORT FOR ENVIRONMENTAL PROTECTION ACTIVITIES

Article 37. Principles of incentives and support

1. The State shall provide incentives and support regarding land, capital; tax exemptions and reductions for environmental protection activities; price subsidies and support for the consumption of products from environmental protection activities, and other incentives and support for environmental protection activities.

2. Organizations and individuals implementing multiple environmental protection activities shall enjoy corresponding incentives and support for those activities as stipulated in this Decree.

3. In cases where environmental protection activities are entitled to incentives and support under this Decree and other regulatory legal documents, they shall enjoy incentives and support according to the document with higher incentive and support levels.

4. In cases where new laws and policies are promulgated providing higher incentives and support compared to those already enjoyed by investors under this Decree, investors shall enjoy incentives and support according to the new provisions. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and the Ministry of Natural Resources and Environment to guide the procedures and formalities for reviewing and approving incentives and support content for investment projects as stipulated in this Decree.

5. The level and scope of incentives and support for environmental protection activities shall be adjusted to ensure alignment with environmental protection policies during each period.

Article 38. Subjects eligible for incentives and support

1. Subjects eligible for incentives and support include organizations and individuals engaged in investment in environmental protection works; production, business, and service activities related to environmental protection as specified in Appendix III of this Decree.

2. Scientific and technological research activities and technology transfer activities related to environmental protection shall be entitled to incentives and support in accordance with laws on science and technology and technology transfer.

3. The Ministry of Industry and Trade, in collaboration with the Ministry of Natural Resources and Environment, shall specify other forms of renewable energy according to Clause 13 of Appendix III of this Decree.

Section 1

INCENTIVES AND SUPPORT FOR INFRASTRUCTURE AND LAND

Article 39. Support for investment in infrastructure construction

Investors of projects constructing environmental protection works as stipulated in Clauses 1, 2, and 6 of Appendix III of this Decree shall enjoy support for investment in infrastructure construction as follows:

1. The State prioritizes allocation of land funds connected to existing technical infrastructure works (roads, electricity, water supply and drainage, telecommunications, energy) outside the project area, linking to the common technical infrastructure system of the region.

2. In cases where the State cannot allocate land funds connected to existing technical infrastructure works outside the project area linking to the common technical infrastructure system of the region, the project investor shall benefit from policies similar to those supporting the construction of infrastructure outside industrial park boundaries, export processing zone boundaries, and high-tech zones as prescribed by laws on investment.

Article 40. Incentives for land rent payments and support for land clearance and compensation

1. Projects constructing centralized domestic wastewater treatment systems as stipulated in Clause 1 of Appendix III of this Decree and centralized solid waste treatment facilities as stipulated in Clause 2 of Appendix III of this Decree shall enjoy incentives for land rent payments under laws on land as special investment priority sectors and shall receive state support for land clearance and compensation costs.

In cases where the project investor has advanced funds for land clearance and compensation according to the approved plan, such amounts shall be deducted in accordance with laws on land.

2. Projects constructing works as stipulated in Clauses 4, 5, 9, and 10 of Appendix III of this Decree shall enjoy incentives for land rent payments under laws on land as special investment priority sectors.

3. Investors implementing investment construction activities for production bases as stipulated in Clauses 11, 12, 13, and 14 of Appendix III of this Decree shall enjoy incentives for land rent payments under laws on land as investment priority sectors.

Article 41. Financial incentives for land for serious polluting facilities required to relocate

1. Serious polluting facilities required to relocate (hereinafter referred to as the facility) if granted land without payment of land use fees or granted land with payment of land use fees before July 1, 2014 (prior to the effective date of the Land Law 2013) or legally acquired land use rights with land use fees paid to the State or acquisition costs paid from the State budget shall be allowed to use the entire proceeds from the auction of land use rights and attached assets (after deducting auction organization expenses) and record it in the State budget in accordance with laws to pay land use fees, land rent, relocation costs, technological upgrading and modernization costs, and implement investment projects at new production facilities.

If the land at the old production facility is reclaimed and used for public purposes, the facility shall be provided capital by the State to pay land use fees, relocation costs, improvements, modernization, technological upgrading, and implementation of investment projects at new production facilities corresponding to the market value of the land and attached assets at the time of reclamation.

2. Serious polluting facilities required to relocate if granted land with payment of land use fees before July 1, 2014 or leased land with payment for the entire lease period or legally acquired land use rights with land use fees or acquisition costs paid not from the State budget shall be allowed to change the purpose of land use at the old facility but must comply with detailed land use plans, urban planning, and rural residential area planning approved by competent authorities in accordance with laws on land.

If the facility does not need to use the land, it may transfer the land use rights to others for use in accordance with the planning during the remaining period as prescribed by laws on land.

Section 2

INCENTIVES AND SUPPORT FOR CAPITAL AND TAXES

Article 42. Incentives for Mobilizing Investment Capital

1. Incentives from the Vietnam Environmental Protection Fund, local environmental protection funds, and other credit organizations:

a) The project investor implementing activities specified in Clause 1 and Clause 2 of Appendix III of this Decree, if applying treatment technology with a landfill waste rate after treatment not exceeding 30% of the total collected solid waste, shall be eligible to borrow capital at preferential interest rates not exceeding 50% of the State's investment credit interest rate published by the competent authority at the time of loan disbursement, with the total amount borrowed not exceeding 80% of the total investment cost of the construction project; they will also be prioritized for post-investment support or loan guarantees;

b) The project investor implementing activities specified in Appendix III of this Decree, but not falling under Point a of Clause 1 of this Article, shall be eligible to borrow capital at preferential interest rates not exceeding 50% of the State's investment credit interest rate published by the competent authority at the time of loan disbursement, with the total amount borrowed not exceeding 70% of the total investment cost of the construction project; they will also be prioritized for post-investment support or loan guarantees.

2. Incentives from the Vietnam Development Bank:

The project investor implementing activities specified in Appendix III of this Decree shall enjoy investment credit incentives similar to those for projects listed in the current investment credit borrowing regulations.

3. The project investor implementing activities specified in Clause 11 of Appendix III of this Decree, in addition to enjoying the incentives stipulated in Clause 1 and Clause 2 of this Article, shall also receive State support of 10% of the total investment capital for equipment deployment to apply environmental protection inventions.

4. The project investor implementing activities specified in Appendix III of this Decree, except for the activities specified in Clause 3 and Clause 8 of Appendix III of this Decree, if it is a project defined in plans and strategies issued by the Prime Minister, the Government, and the National Assembly and falls within the fields regulated by the Law on Public Debt Management and related implementing regulations, shall be prioritized for consideration and use of Official Development Assistance (ODA) funding.

5. The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment to guide the procedures and formalities for providing investment capital support as stipulated in Clause 3 of this Article.

6. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and the Ministry of Natural Resources and Environment to provide detailed guidance on implementing the provisions of Clause 4 of this Article.

7. The Ministry of Natural Resources and Environment shall guide the provision of loans and implementation of post-investment interest rate support and investment credit guarantees for projects borrowing from the Vietnam Environmental Protection Fund. The People's Committee of the province shall guide the provision of loans and implementation of post-investment interest rate support and investment credit guarantees for projects borrowing from local environmental protection funds.

Article 43. Corporate Income Tax Incentives

Corporate income derived from new investment projects specified in Clauses 1, 2, 4, 5, 6, 9, and 10 of Appendix III of this Decree and new production projects specified in Clauses 11, 12, 13, and 14 of Appendix III of this Decree shall enjoy corporate income tax incentives similar to those for entities in the environmental protection sector as prescribed by the Corporate Income Tax Law.

Article 44. Tax Exemptions and Reductions for Export and Import Taxes

1. Machinery, equipment, tools, and materials used for activities specified in Clause 10 and Clause 14 of Appendix III of this Decree when imported shall enjoy tax exemptions and reductions on import taxes as those objects in fields encouraged for investment according to laws on export and import taxes.

2. The Ministry of Finance shall specify the exemption and reduction of export taxes applicable to products specified in Clause 12 of Appendix III of this Decree when exported.

3. The Ministry of Natural Resources and Environment shall provide detailed guidance on the list of products specified in Clause 12 of Appendix III of this Decree.

Article 45. Value Added Tax Incentives

1. Goods and services produced and traded from environmental protection activities shall apply value added tax policies as prescribed by laws on value added tax.

2. The Prime Minister shall specify value added tax incentives for certain environmentally friendly products and services with special characteristics.

Section 3

SUPPORT ON PRICE AND CONSUMPTION OF PRODUCTS

Article 46. Subsidies for Environmental Protection Products and Services

Project leaders implementing the following activities and supplying the following products, if they meet criteria for public goods products and services, shall be eligible for subsidies according to laws on production and supply of public goods products and services:

1. Activities specified in Clause 2 and Clause 9 of Appendix III of this Decree, and baseline environmental monitoring activities specified in Clause 8 of Appendix III of this Decree.

2. Products from environmental protection activities specified in Clause 12 and Clause 13 of Appendix III of this Decree.

Article 47. Support for Product Consumption

1. Heads of agencies and units using state budget funds have the responsibility to prioritize purchasing public products specified in Clause 12 and Clause 13 of Appendix III of this Decree when purchasing such products.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to establish regulations on public procurement for environmentally friendly products as stipulated in this Clause.

2. Organizations and individuals shall prioritize purchasing environmentally friendly products according to guidelines provided by the Ministry of Natural Resources and Environment.

Section 4

OTHER INCENTIVES AND SUPPORTS

Article 48. Promotion of Environmental Products and Source-Based Waste Sorting

1. The State encourages organizations, individuals, enterprises, and cooperatives to implement the following activities:

a) Promoting products from environmental protection activities, waste recovery, and disposal activities;

b) Producing and disseminating film and television programs about environmental protection to raise public awareness regarding environmental protection and the use of environmentally friendly products;

c) Providing free tools for residents to sort household waste and discarded products at source.

2. Costs incurred for implementing the activities specified in Clause 1 of this Article shall be accounted for as production costs for organizations, individuals, enterprises, and cooperatives.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment and the Ministry of Information and Communications to guide the implementation of incentive policies specified in Clauses 1 and 2 of this Article.

Article 49. Environmental Awards

1. Every two years, the Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Science and Technology, the Vietnam Chamber of Commerce and Industry, and Vietnam Television to organize selection, awarding prizes, and honoring organizations and individuals with outstanding achievements in environmental protection activities, waste recovery, and disposal.

2. The Ministry of Natural Resources and Environment shall specify the structure of awards, standards, and procedures for granting awards; coordinate with the Ministry of Finance to specify the amount allocated for environmental protection awards.

3. Provincial People's Committees shall specify details for local environmental protection awards.

4. Funding for organizing and awarding prizes shall be sourced from environmental program funds, the Vietnam Environmental Protection Fund, sponsorships from organizations and individuals, and other legitimate sources of funding.

Chapter VIII

COMMUNITY PARTICIPATION IN ENVIRONMENTAL PROTECTION

Article 50. Representation of Community Residents

1. The community residents may select an organization or individual to serve as the representative of the community residents through a general meeting or representatives of households within the community.

2. Organizations or individuals who agree to serve as representatives of the community residents shall be responsible for carrying out activities within the scope of authority granted by the community and shall be accountable to the community residents and the law regarding their activities.

Article 51. Provision of Environmental Information to Community Residents

1. Environmental information shall be provided at least once a year and shall include:

a) Legal regulations on the environment;

b) National and local environmental status reports; specialized environmental reports published by state management agencies for natural resources and the environment;

c) Lists of serious pollution sources, areas with severe environmental pollution and degradation; areas at risk of environmental incidents established and published by state management agencies for natural resources and the environment;

d) Lists and information about emission sources and types of waste that pose risks to human health and the environment established and published by state management agencies for natural resources and the environment;

đ) Specialized publications, printed materials, and environmental communication materials and related issues;

e) Results of inspections, investigations, and violations against production facilities, service businesses within the residential area;

g) Environmental protection activities of production facilities, service businesses within the residential area;

h) Permits related to the exploitation, use, and protection of natural resources and the environment of production facilities, service businesses within the residential area.

2. Environmental information shall be provided in one of the following forms:

a) Documents, printed materials, publications widely announced with distribution addresses on mass media;

b) Posted on the official electronic information website of state management agencies for natural resources and the environment; project investors; business owners;

c) Publicly posted at production facilities, service businesses; township People's Committee offices;

d) Organizing press conferences to publicly announce;

đ) Holding meetings to disseminate information to the community;

e) Other forms as prescribed by law.

3. The time for public disclosure of information under Points b and c Clause 2 of this Article shall be a minimum of thirty days.

4. Responsibilities for providing environmental information to community residents:

a) State management agencies for the environment shall be responsible for providing the information specified from Point a to Point e Clause 1 of this Article;

b) Production facilities, service businesses shall be responsible for providing the information specified in Points g and h Clause 1 of this Article.

Article 52. Consultation and Supervision by Community Residents on the Environment

1. The following state policies require consultation by community residents on the environment before decisions are made:

a) Developing national, regional, inter-regional, and provincial environmental strategies, plans, programs, and projects;

b) Drafting legal regulations on environmental protection;

c) Establishing environmental standards in national, inter-regional, regional, and provincial economic and social development strategies, plans.

2. State management agencies with jurisdiction shall organize consultations with community residents on the environment before making decisions on the policies specified in Clause 1 of this Article by publicly announcing draft documents on electronic information websites or mass media.

3. State management agencies for natural resources and the environment shall be responsible for organizing the receipt and processing of community residents' environmental consultations; responding to community residents on whether they have adopted or not adopted the community residents' environmental consultations through the forms prescribed in Clause 2 of Article 51 of this Decree.

4. Activities related to strategic environmental assessment and environmental impact assessment consultations shall be carried out in accordance with laws on strategic environmental assessment and environmental impact assessment.

5. Community supervision of public investment in environmental protection shall be conducted in accordance with laws on public investment.

Article 53. Evaluation of Environmental Protection Results of Production, Business, and Service Establishments

1. Representatives of the community have the right to participate in evaluating the results of environmental protection for the following subjects:

a) Project sponsors in implementing the contents of environmental impact assessment reports that have been approved and the contents of permits related to exploitation, utilization, and protection of natural resources and the environment;

b) Organizations and individuals in implementing measures to mitigate consequences as decided in administrative violation penalties concerning environmental protection; implementing the contents of permits related to exploitation, utilization, and protection of natural resources and the environment;

c) Owners of production, business, and service establishments in implementing environmental protection commitments or environmental protection plans; implementing the contents of permits related to exploitation, utilization, and protection of natural resources and the environment.

2. Contents of evaluation:

a) Implementation of the contents of permits related to exploitation, utilization, and protection of natural resources and the environment;

b) Implementation of environmental impact assessment reports; environmental protection commitments; environmental protection plans;

c) Implementation of measures to mitigate consequences as decided in administrative violation penalties concerning environmental protection.

3. Based on periodic environmental information provided by the establishment, the community or representatives of the community evaluate the implementation of activities related to the evaluation contents specified in Clause 2 of this Article according to the criteria of correct and complete implementation. The community's evaluation of environmental protection results is one of the bases for rewarding achievements in environmental protection work of production, business, and service establishments.

Article 54. Building and Implementing Community-Based Environmental Protection Models

1. The State encourages and provides mechanisms and policies to support communities in building and organizing the implementation of community-based models for protecting natural resources and the environment, sustainable development, conservation, and rational use of natural resources, and response to climate change.

2. Communities have the responsibility to participate in setting goals, programs, monitoring, and evaluating the effectiveness of programs to protect natural reserves and national parks; participating in managing and protecting natural reserves and national parks.

3. Communities have the right to proactively build and organize the implementation of community-based models for protecting natural resources and the environment, jointly with state management agencies on natural resources and the environment to monitor and inspect the management of natural reserves and national parks.

4. State management agencies on natural resources and the environment take the lead, coordinate, and guide communities in building community-based environmental protection models, natural resource protection models, sustainable production and consumption models; promulgating mechanisms to encourage community environmental protection, conservation, and rational use of natural resources, sustainable production and consumption models.

Chapter IX

IMPLEMENTING PROVISIONS

Article 55. Transitional Provisions

1. Files received by competent state agencies for processing under administrative procedures on the environment before the effective date of this Decree shall be handled in accordance with the provisions of law at the time of receipt.

2. Environmental protection activities and products from such activities that have enjoyed incentives and support under Decree No. 04/2009/ND-CP dated January 14, 2009 of the Government on incentives and support for environmental protection activities shall continue to enjoy incentives and support during the remaining period; in cases where they fall under higher incentive and support categories as prescribed in this Decree, they shall enjoy incentives and support as prescribed in this Decree.

3. Provincial People's Committees shall review and approve supplementary environmental remediation plans of environmental remediation projects or environmental remediation programs that have been approved by provincial Department of Natural Resources and Environment or district People's Committees before the effective date of this Decree.

4. Provincial People's Committees shall confirm completion of environmental remediation plans or supplementary environmental remediation plans of environmental remediation projects or environmental remediation programs or supplementary environmental remediation projects or programs that have been approved by provincial Department of Natural Resources and Environment or district People's Committees before the effective date of this Decree.

5. For environmental remediation projects or supplementary environmental remediation projects, or environmental remediation programs or supplementary environmental remediation programs that have been approved before the effective date of this Decree, there is no need to establish plans or supplementary plans as guided by this Decree.

6. Organizations and individuals exploiting minerals who have implemented escrow deposits before Decision No. 71/2008/QD-TTg dated May 29, 2008 of the Prime Minister on escrow deposits for environmental remediation of mineral exploitation activities took effect but whose environmental remediation plans do not comply with the contents of environmental remediation plans prescribed in the 2014 Law on Environmental Protection and this Decree must rebuild their environmental remediation plans in accordance with this Decree and submit them to the competent authority for approval before December 31, 2016.

Article 56. Effective Date

1. This Decree takes effect from April 1, 2015.

2. The following documents shall cease to be effective from the date this Decree takes effect:

a) Decree No. 80/2006/ND-CP dated August 9, 2006 of the Government detailing and guiding the implementation of the Law on Environmental Protection;

b) Decree No. 21/2008/ND-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/ND-CP dated August 9, 2006 detailing and guiding the implementation of the Law on Environmental Protection;

c) Decree No. 04/2009/ND-CP dated January 14, 2009 of the Government on incentives and support for environmental protection activities;

d) Decision No. 18/2013/QD-TTg dated March 29, 2013 of the Prime Minister on environmental remediation and escrow deposits for environmental remediation of mineral exploitation activities.

Article 57. Responsibility for Implementation

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for organizing the implementation of this Decree; reviewing normative legal documents they have issued that contravene the provisions of the Environmental Protection Law and this Decree to amend and supplement them.

2. The Minister of Natural Resources and Environment shall take the lead and coordinate with the Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees under the central government to guide the implementation and monitor the implementation situation of this Decree; guide training, instruction, communication, and dissemination of environmental protection laws.