Law on Environmental Protection No. 55/2014/QH13

LAW

Environmental Protection

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Environmental Protection.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates activities related to environmental protection; policies, measures, and resources for environmental protection; rights, obligations, and responsibilities of agencies, organizations, households, and individuals in environmental protection.

Article 2. Applicability

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

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Environment is a system of natural and artificial material elements that affect the existence and development of humans and living organisms.

2. Environmental Component is the material element forming the environment, including soil, water, air, sound, light, living organisms, and other material forms.

3. Environmental Protection Activities are activities to maintain, prevent, limit adverse impacts on the environment; respond to environmental incidents; remediate pollution, degradation, improve, and restore the environment; rationally exploit and utilize natural resources to keep the environment clean.

4. Sustainable Development is development that meets current needs without harming the ability to meet those needs of future generations based on the close integration and harmonious balance between economic growth, social progress, and environmental protection.

5. Technical Standards for the Environment are the limits of parameters regarding the quality of the surrounding environment, the content of pollutants in waste, technical and management requirements issued by competent state agencies in the form of mandatory documents to protect the environment.

6. Environmental Standards are the limits of parameters regarding the quality of the surrounding environment, the content of pollutants in waste, technical and management requirements published by state agencies and organizations in the form of voluntary documents to protect the environment.

7. Environmental Health is the condition of material elements forming the environment that affects human health and disease.

8. Environmental Pollution is the change in environmental components that does not comply with technical standards for the environment and environmental standards, causing adverse effects on humans and living organisms.

9. Environmental Degradation is the reduction in quality and quantity of environmental components, causing adverse effects on humans and living organisms.

10. Environmental Incident is an incident occurring during human activities or natural changes, causing pollution, degradation, or significant environmental changes.

11Pollutant are chemical substances, physical and biological factors present in the environment at levels exceeding permissible thresholds, leading to environmental pollution.

12. Waste is material discharged from production, business, services, daily life, or other activities.

13. Hazardous Waste is waste containing toxic, radioactive, infectious, flammable, explosive, corrosive, poisonous, or other harmful factors.

14Environmental Industry is an economic sector providing technologies, equipment, services, and products serving environmental protection requirements.

15. Waste Management is the process of preventing, reducing, monitoring, sorting, collecting, transporting, reusing, recycling, and treating waste.

16. means products or materials separated out in production or consumption that meet the requirements to be used as raw materials for production, including: is material recovered, sorted, and selected from discarded materials or products from production or consumption processes to be used as raw material for another production process.

17. Environmental Carrying Capacity is the limit of the environment's tolerance to impacting factors so that it can recover naturally.

18. Pollution Control is the process of preventing, detecting, blocking, and treating pollution.

19. Environmental Records is a collection of documents about the environment, organization, and environmental protection activities of agencies, organizations, production facilities, businesses, and services as prescribed by law.

20. Environmental Monitoring is a systematic observation process of environmental components and factors affecting the environment to provide information for evaluating the current status, quality trends, and adverse impacts on the environment.

21. Environmental Protection Planning is the zoning of the environment for conservation, development, and establishment of environmental protection infrastructure systems linked with environmental protection solutions closely related to overall socio-economic development planning to ensure sustainable development.

22. Strategic Environmental Assessment is the analysis and forecasting of environmental impacts of strategies, plans, and development programs to propose solutions to minimize adverse environmental impacts, serving as a foundation and integrated into strategies, plans, and development programs to ensure sustainable development goals.

23. Environmental Impact Assessment is the analysis and forecasting of environmental impacts of specific investment projects to propose environmental protection measures when implementing such projects.

24. Environmental Protection Infrastructure includes systems for collecting, storing, transporting, recycling, reusing, and treating waste, and environmental monitoring.

25. Greenhouse Gases are gases in the atmosphere causing global warming and climate change.

26. Climate Change Adaptation and Mitigation are human activities aimed at adapting to and mitigating climate change.

27. Carbon Credits are certifications or permits that can be traded commercially related to reductions in greenhouse gas emissions.

28. Environmental Security is ensuring that there are no major environmental impacts on political stability, social stability, and economic development of the country.

29. Environmental Information is data and figures about the environment in the form of symbols, writing, numerals, images, sounds, or similar formats.

Article 4. Principles of Environmental Protection

1. Environmental protection is the responsibility and duty of all agencies, organizations, households, and individuals.

2. Environmental protection must be harmonized with economic development, social security, ensuring children's rights, promoting gender equality and development, conserving biodiversity, and responding to climate change to ensure that everyone lives in a clean environment.

3. Environmental protection must be based on the rational use of resources and the reduction of waste.

4. National environmental protection is linked to regional and global environmental protection; environmental protection must not harm national sovereignty and security.

5. Environmental protection must be consistent with natural laws, cultural and historical characteristics, and the level of socio-economic development of the country.

6. Environmental protection activities must be carried out continuously and prioritize prevention of pollution, accidents, and environmental degradation.

7. Organizations, households, and individuals using environmental components, benefiting from the environment, have the obligation to contribute financially to environmental protection.

8. Organizations, households, and individuals causing pollution, accidents, and environmental degradation must remediate, compensate for damages, and fulfill other responsibilities as prescribed by law.

Article 5. State Policy on Environmental Protection

1. Creating favorable conditions for organizations, households, and individuals to participate in environmental protection activities; inspecting and supervising the implementation of environmental protection activities in accordance with the law.

2. Promoting education and publicity combined with administrative, economic measures, and other methods to build discipline and environmental culture.

3. Conserving biodiversity; rationally exploiting and using natural resources and saving them; developing clean energy and renewable energy; promoting recycling, reuse, and reducing waste.

4. Prioritizing the resolution of urgent environmental issues, serious pollution, water pollution; focusing on protecting residential environments; developing technical infrastructure for environmental protection.

5. Diversifying investment sources for environmental protection; allocating a specific budget for environmental protection with gradually increasing proportions according to overall growth; environmental funding sources are managed uniformly and prioritized for key areas in environmental protection.

6. Providing financial incentives and land support for environmental protection activities, environmentally friendly production and business operations.

7. Strengthening human resource training for environmental protection.

8. Developing environmental science and technology; prioritizing research, transfer, and application of advanced, high-tech, and environmentally friendly technologies; applying environmental standards that meet higher requirements for environmental protection.

9. Linking environmental protection activities and resource conservation with climate change response and environmental security.

10. The State recognizes and honors agencies, organizations, households, and individuals who make positive contributions to environmental protection activities.

11. Expanding and strengthening international cooperation on environmental protection; fully implementing international commitments on environmental protection.

Article 6. Environmental protection activities encouraged

1. Promoting communication, education, and mobilizing people to participate in environmental protection, maintaining environmental hygiene, protecting natural landscapes and biodiversity.

2. Protecting, using rationally, and conserving natural resources.

3. Minimizing, collecting, reusing, and recycling waste.

4. Activities responding to climate change; developing and utilizing clean energy and renewable energy; reducing greenhouse gas emissions, destroying the ozone layer.

5. Registering environmentally friendly facilities and products; producing, trading, and consuming environmentally friendly products.

6. Conducting scientific research, transferring, and applying technologies for waste treatment and recycling, and environmentally friendly technologies.

7. Investing in building production facilities and equipment for environmental protection; providing environmental protection services; conducting environmental audits; green lending; green investment.

8. Conserving and developing local genetic resources; breeding and introducing valuable genetic resources economically beneficial and environmentally friendly.

9. Constructing villages, hamlets, clusters, communities, and settlements that are environmentally friendly.

10. Developing self-management forms and organizing community activities for environmental sanitation services.

11. Forming habits and practices of maintaining environmental hygiene, eliminating harmful customs detrimental to the environment.

12. Contributing knowledge, labor, and finance to environmental protection activities; implementing public-private partnerships on environmental protection.

Article 7. Prohibited Acts

1. Destroying and illegally exploiting natural resources.

2. Exploiting biological resources using destructive means, tools, and methods not in accordance with the prescribed seasons and quantities under the law.

3. Trading, selling, and consuming wild plant and animal species listed in the priority protected species catalog as defined by competent state authorities.

4. Transporting and burying toxic substances, radioactive materials, waste, and other hazardous substances not in compliance with technical standards for environmental protection.

5. Discharging untreated waste that does not meet technical environmental standards; toxic substances, radioactive materials, and other hazardous substances into soil, water sources, and air.

6. Introducing harmful chemicals, waste, microorganisms, and other harmful agents into water sources without prior testing and certification.

7. Emitting smoke, dust, and gases containing harmful substances or odors into the air; releasing radiation, radioactivity, and ionizing substances exceeding technical environmental standards.

8. Causing noise and vibration levels exceeding technical environmental standards.

9. Importing and transiting waste from foreign countries in any form.

10. Importing and transiting animals and plants not quarantined; microorganisms outside the permitted list.

11. Producing and trading products harmful to humans, wildlife, and ecosystems; producing and using construction materials containing harmful elements exceeding technical environmental standards.

12. Destroying and illegally occupying natural heritage sites and nature reserves.

13. Damaging facilities, equipment, and means serving environmental protection activities.

14. Engaging in illegal activities and residing in areas designated as prohibited zones due to their extremely dangerous environmental conditions for humans by competent state authorities.

15. Concealing acts of environmental destruction, obstructing environmental protection activities, and misleading information leading to adverse environmental consequences.

16. Misusing positions, powers, exceeding authority, or failing to fulfill responsibilities of authorized persons to violate environmental management regulations.

Chapter II

ENVIRONMENTAL PROTECTION PLANNING, STRATEGIC ENVIRONMENTAL ASSESSMENT, AND ENVIRONMENTAL IMPACT ASSESSMENT

AND ENVIRONMENTAL PROTECTION PLAN

Section 1

ENVIRONMENTAL PROTECTION PLANNING

Article 8. Principles, Levels, and Duration of Environmental Protection Planning

1. Environmental protection planning must ensure the following principles:

a) Consistent with natural conditions, economic and social circumstances; national strategies, overall socio-economic development plans, defense, security; national environmental protection strategies ensuring sustainable development;

b) Ensuring consistency with land use planning; consistency among the basic contents of environmental protection planning;

c) Ensuring the environmental protection principles stipulated in Article 4 of this Law.

2. Environmental protection planning includes two levels: national-level environmental protection planning and provincial-level environmental protection planning.

3. The duration of environmental protection planning is ten years, with a vision to twenty years.

Article 9. Basic Contents of Environmental Protection Planning

1. National-level environmental protection planning includes the following basic contents:

a) Assessment of current environmental status, environmental management, forecasting trends in environmental changes and climate change;

b) Environmental zoning;

c) Conservation of biodiversity and forest environment;

d) Management of marine, island, and river basin environments;

đ) Waste management;

e) Technical infrastructure for environmental protection; environmental monitoring systems;

g) Maps reflecting the contents prescribed in points b, c, d, đ, and e of this clause;

h) Resources for implementing the planning;

i) Organization for implementing the planning.

2. Provincial-level environmental protection planning content is implemented in accordance with specific local conditions through separate planning or integrated into overall socio-economic development planning.

3. The Government shall provide detailed regulations on this Article.

Article 10. Responsibilities for Establishing Environmental Protection Planning

1. The Ministry of Natural Resources and Environment organizes the establishment of national-level environmental protection planning.

2. Provincial People's Committees (hereinafter referred to as Provincial People's Committee) organize the development of content or establish environmental protection planning within their jurisdiction.

Article 11. Consultation, Review, and Approval of Environmental Protection Planning

1. Consultation during the establishment of environmental protection planning is regulated as follows:

a) The Ministry of Natural Resources and Environment solicits opinions from ministries, sectors, and Provincial People's Committees in writing and organizes consultations with relevant agencies and organizations during the establishment of national-level environmental protection planning;

b) Provincial People's Committees solicit opinions from departments, sectors, District People's Committees, and Town People's Committees (hereinafter referred to as District People's Committees) in writing and organize consultations with relevant agencies and organizations during the development of provincial-level environmental protection planning.

2. Review and approval of environmental protection planning are regulated as follows:

a) The Ministry of Natural Resources and Environment organizes an inter-ministerial review board and submits national-level environmental protection planning for approval by the Prime Minister;

b) Provincial People's Committees organize reviews and approvals of provincial-level environmental protection planning reports after soliciting opinions from the Ministry of Natural Resources and Environment in writing.

3. The Government shall provide detailed regulations on this Article.

Article 12. Review and Adjustment of Environmental Protection Planning

1. Environmental protection planning must be periodically reviewed, examined, and evaluated during its implementation to promptly adjust it in line with socio-economic development at each stage. The periodic review period for environmental protection planning is five years from the date of approval of the environmental protection planning.

2. Adjustments to environmental protection planning are made when there are adjustments to national and provincial socio-economic development strategies, defense, and security, and are carried out according to Articles 8, 9, 10, and 11 of this Law and related laws.

Section 2

STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 13. Subjects required to conduct strategic environmental assessment

1. The subjects required to conduct strategic environmental assessment include:

a) Strategic plans and overall socio-economic development plans for economic and social regions, key economic regions, economic corridors, and economic belts;

b) Overall socio-economic development plans for provinces, centrally governed cities, and special administrative-economic units;

c) Development strategies and plans for economic zones, export processing zones, high-tech zones, and industrial parks;

d) Strategies and plans for the exploitation and utilization of natural resources on a scale involving two or more provinces;

đ) Strategies, plans, and sectoral or field development programs at the national, regional, or provincial level that have significant impacts on the environment;

e) Adjustments to the strategies, plans, and programs of the subjects mentioned in points a, b, c, d, and đ of this Clause.

2. The Government shall specify the list of subjects required to conduct strategic environmental assessment.

Article 14. Implementation of strategic environmental assessment

1. The agency assigned the task of drafting the strategy, plan, or program as stipulated in Clause 1, Article 13 of this Law shall be responsible for preparing or hiring a consulting organization to prepare the strategic environmental assessment report.

2. The strategic environmental assessment must be conducted concurrently with the process of drafting the strategy, plan, or program.

3. The results of the strategic environmental assessment must be considered and integrated into the content of the strategy, plan, or program.

4. Based on the implementation of the strategic environmental assessment, the agency assigned the task of drafting the strategy, plan, or program shall be responsible for preparing the strategic environmental assessment report to submit to the competent authority for review.

Article 15. Main contents of the strategic environmental assessment report

1. The necessity and legal basis for the task of drafting the strategy, plan, or program.

2. Methods for conducting the strategic environmental assessment.

3. Summary of the content of the strategy, plan, or program.

4. Natural and socio-economic environments of the region affected by the strategy, plan, or program.

5. Assessment of the compatibility of the strategy, plan, or program with the viewpoints and goals of environmental protection.

6. Assessment and forecasting of positive and negative trends of environmental issues if the strategy, plan, or program is implemented.

7. Assessment and forecasting of climate change impact trends when implementing the strategy, plan, or program.

8. Consultation during the process of conducting the strategic environmental assessment.

9. Solutions to maintain positive trends, prevent, and reduce negative trends of environmental issues during the implementation of the strategy, plan, or program.

10. Issues requiring further research during the implementation of the strategy, plan, or program and recommendations for handling.

Article 16. Review of the strategic environmental assessment report

1. Responsibilities for organizing the review of the strategic environmental assessment report are as follows:

a) The Ministry of Natural Resources and Environment shall organize the review of the strategic environmental assessment report for strategies, plans, or programs decided by the National Assembly, the Government, or the Prime Minister;

b) Ministries and agencies at the ministerial level shall organize the review of the strategic environmental assessment report for strategies, plans, or programs within their approval authority;

c) Provincial People's Committees shall organize the review of the strategic environmental assessment report for strategies, plans, or programs within their approval authority and those of the People's Councils at the same level.

2. The review of the strategic environmental assessment report shall be conducted through a review board established by the head of the agency responsible for reviewing the strategic environmental assessment report.

3. The agency responsible for reviewing the strategic environmental assessment report shall organize investigations and evaluations of information in the strategic environmental assessment report; seek feedback from relevant agencies, organizations, and experts.

Article 17. Adoption of Review Opinions and Reporting on Strategic Environmental Assessment Review Results

1. The agency assigned the task of developing strategies, plans, and programs shall be responsible for completing the strategic environmental assessment report and draft strategy, plan, or program document based on research and adoption of opinions from the review board.

2. The agency reviewing the strategic environmental assessment report shall submit a written report on the review results to the competent authority approving the strategy, plan, or program.

3. The report on the review results of the strategic environmental assessment serves as the basis for the competent authority to approve the strategy, plan, or program.

Section 3

ENVIRONMENTAL IMPACT ASSESSMENT

Article 18. Subjects Required to Conduct Environmental Impact Assessments

1. The subjects required to conduct environmental impact assessments include:

a) Projects within the investment decision-making authority of the National Assembly, Government, or Prime Minister;

b) Projects using land in natural conservation areas, national parks, historical and cultural sites, world heritage sites, biosphere reserves, scenic spots that have been ranked;

c) Projects with potential negative impacts on the environment.

2. The Government shall specify the list of projects under points b and c of Clause 1 of this Article.

Article 19. Implementation of Environmental Impact Assessments

1. Project sponsors falling under the provisions of Clause 1 of Article 18 of this Law shall themselves or hire consulting organizations to conduct environmental impact assessments and bear legal responsibility for the results of such assessments.

2. Environmental impact assessments must be conducted during the project preparation phase.

3. The results of environmental impact assessments shall be presented in the form of an environmental impact assessment report.

4. Costs for preparing and reviewing the environmental impact assessment report shall be borne by the project sponsor from the project's investment capital.

Article 20. Re-preparation of Environmental Impact Assessment Reports

1. The project sponsor must re-prepare the environmental impact assessment report in the following cases:

a) Not implementing the project within 24 months from the date of approval of the environmental impact assessment report;

b) Changing the location of the project implementation compared to the scheme approved in the environmental impact assessment report;

c) Increasing scale, capacity, or changing technology that increases negative impacts on the environment compared to the scheme approved in the environmental impact assessment report.

2. The Government shall provide detailed regulations on point c of Clause 1 of this Article.

Article 21. Consultation During the Environmental Impact Assessment Process

1. Consultation during the environmental impact assessment process aims to improve the environmental impact assessment report, minimize negative impacts on the environment and people, and ensure sustainable development of the project.

2. The project sponsor must organize consultations with agencies, organizations, and communities directly affected by the project.

3. Projects not required to conduct consultations include:

a) Those consistent with the planning of concentrated production, business, and service areas for which an environmental impact assessment report has already been approved for the initial infrastructure construction phase;

b) Those listed as state secrets.

Article 22. Main contents of the environmental impact assessment report

1. Origin of the project, project owner, competent authority approving the project; method of environmental impact assessment.

2. Assessment of the selection of technology, project components, and activities of the project that pose risks of adverse impacts on the environment.

3. Assessment of the current state of natural environment, socio-economic conditions at the project implementation site, surrounding areas, and explanation of the suitability of the selected project location.

4. Assessment, forecasting sources of emissions and the project's impacts on the environment and community health.

5. Assessment, forecasting, and determination of risk management measures for the project's impacts on the environment and community health.

6. Waste treatment measures.

7. Measures to minimize impacts on the environment and community health.

8. Consultation results.

9. Environmental management and monitoring program.

10. Budget estimate for construction of environmental protection works and implementation of measures to mitigate environmental impacts.

11. Organization plan for implementing environmental protection measures.

Article 23. Competent Authority for Reviewing Environmental Impact Assessment Reports

1. The Ministry of Natural Resources and Environment shall organize the review of environmental impact assessment reports for the following projects:

a) Projects within the investment decision-making authority of the National Assembly, Government, or Prime Minister;

b) Inter-sectoral, inter-provincial projects falling within the scope defined in points b and c, Clause 1, Article 18 of this Law, except for projects involving national defense and security secrets;

c) Projects assigned by the Government for review.

2. Ministries and ministerial-level agencies shall organize the review of environmental impact assessment reports for projects under their investment decision-making and approval authority but not falling within the scope defined in points b and c, Clause 1 of this Article.

3. The Ministry of National Defense and the Ministry of Public Security shall organize the review of environmental impact assessment reports for projects under their investment decision-making and approval authority and projects involving national defense and security secrets.

4. Provincial People's Committees shall organize the review of environmental impact assessment reports for investment projects on their territory not falling within the scope defined in Clauses 1, 2, and 3 of this Article.

Article 24. Review of Environmental Impact Assessment Reports

1. The head or person in charge of the agency entrusted with the review shall organize the review of environmental impact assessment reports through a review board or by soliciting opinions from relevant agencies and organizations and shall be responsible under the law for the review results.

2. Members of the review board and agencies and organizations whose opinions are sought shall be responsible under the law for their opinions.

3. If necessary, the reviewing agency may organize on-site surveys and seek critical reviews from agencies, organizations, and experts to review the environmental impact assessment report.

4. During the review period, if there is a request for amendments or supplements, the reviewing agency shall have the responsibility to notify the project owner in writing to implement them.

Article 25. Approval of Environmental Impact Assessment Reports

1. Within twenty days from the date of receipt of the environmental impact assessment report revised according to the requirements of the reviewing agency, the head or person in charge of the reviewing agency shall be responsible for approving the environmental impact assessment report; in case of non-approval, they must respond in writing to the project owner and specify the reasons.

2. The decision approving the environmental impact assessment report serves as the basis for the competent authority to carry out the following actions:

a) Deciding on the investment policy for projects specified in Article 18 of this Law where the law requires a decision on the investment policy;

b) Issuing or adjusting exploration permits, mining permits for mineral exploration and mining projects;

c) Approving exploration plans and mine development plans for oil and gas exploration and production projects;

d) Issuing or adjusting construction permits for projects with construction works requiring such permits;

đ) Issuing investment certificates for projects not falling within the scope defined in points a, b, c, and d of this clause.

Article 26. Responsibilities of the Project Investor after the Environmental Impact Assessment Report has been Approved

1. Implement the requirements set forth in the decision approving the Environmental Impact Assessment Report.

2. In cases where changes in scale, capacity, or technology increase negative impacts on the environment compared to the plan in the approved Environmental Impact Assessment Report but not to the extent that requires the preparation of a new Environmental Impact Assessment Report as stipulated in point c, Clause 1, Article 20 of this Law, the project investor must explain to the approving authority and can only proceed after receiving written approval from the authority approving the Environmental Impact Assessment Report.

Article 27. Responsibilities of the Project Investor before Putting the Project into Operation

1. Organize the implementation of environmental protection measures according to the decision approving the Environmental Impact Assessment Report.

2. Must report to the authority approving the Environmental Impact Assessment Report on the results of implementing environmental protection works serving the operation of the project for large projects with potential negative impacts on the environment as prescribed by the Government. These projects may only be operated after the authority approving the Environmental Impact Assessment Report inspects and confirms the completion of environmental protection works.

Article 28. Responsibilities of the Authority Approving the Environmental Impact Assessment Report

1. Shall be responsible under the law for the results of the review and decision approving the Environmental Impact Assessment Report.

2. Within fifteen days from the date of receipt of the report on the completion of environmental protection works submitted by the project investor as stipulated in Clause 2, Article 27 of this Law, the authority approving the Environmental Impact Assessment Report must organize inspections and issue certificates confirming the completion of environmental protection works of the project. In cases requiring complex environmental index analysis, the time for issuing certificates confirming the completion of environmental protection works of the project may be extended but shall not exceed thirty days.

Section 4

ENVIRONMENTAL PROTECTION PLAN

Article 29. Subjects Required to Prepare an Environmental Protection Plan

1. Investment projects not subject to environmental impact assessment.

2. Production, business, and service plans not required to prepare investment projects as prescribed by laws on investment.

3. The Government shall provide detailed regulations on this Article.

Article 30. Contents of the Environmental Protection Plan

1. Location of implementation.

2. Type, technology, and scale of production, business, and services.

3. Raw materials and fuels used.

4. Forecast of waste generated and other impacts on the environment.

5. Measures for waste treatment and reduction of negative impacts on the environment.

6. Organization of implementation of environmental protection measures.

Article 31. Time for Registration and Confirmation of the Environmental Protection Plan

The project investor, production, business, and service plans as stipulated in Article 29 of this Law must prepare an environmental protection plan and submit it to the competent authority specified in Article 32 of this Law for examination and confirmation prior to implementing the project, production, business, and service plans.

Article 32. Responsibilities for Organizing the Confirmation of the Environmental Protection Plan

1. The specialized agency for environmental protection under the People's Committee of the province shall confirm the environmental protection plan of the following projects:

a) Projects located in two or more districts;

b) Projects in marine areas with waste discharged into provincial territory for treatment;

c) Large-scale projects with potential negative impacts on the environment within the province as prescribed by the Minister of Natural Resources and Environment.

2. The People's Committee of the district shall confirm the environmental protection plan of projects, production, business, and service plans within its jurisdiction, except for projects specified in Clause 1 of this Article; the People's Committee of the district may delegate the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune) to confirm the environmental protection plan for household-scale projects, production, business, and service plans located within one commune.

3. Within ten days from the date of receipt of the environmental protection plan, the competent authority specified in Clauses 1 and 2 of this Article must confirm the registration of the environmental protection plan; if the registration of the environmental protection plan is not confirmed, the competent authority must respond in writing and specify the reasons.

Article 33. Responsibilities of the Project Owner, Production, Business, and Service Facility Manager after the Environmental Protection Plan has been Confirmed

1. Implement environmental protection measures according to the confirmed Environmental Protection Plan.

2. In case of an environmental incident, operations must be halted, remedial measures implemented, and immediate notification given to the People's Committee of the commune or district where the project is located, or the specialized agency on environmental protection under the provincial People's Committee, and relevant agencies.

3. Cooperate and provide all related information for state management agencies regarding environmental protection to inspect and audit.

4. Re-establish and re-register the Environmental Protection Plan for investment projects, production, business, and service plans in the following cases:

a) Change of location;

b) Failure to implement within twenty-four months from the date the Environmental Protection Plan was confirmed.

5. If the project, production, business, or service plan changes its nature or scale to the extent that it requires an Environmental Impact Assessment Report, the project investor or production, business, and service facility manager must prepare such a report and submit it to the competent authority for review and approval.

Article 34. Responsibilities of the Agency Confirming the Environmental Protection Plan

1. Inspect the implementation of environmental protection measures according to the confirmed Environmental Protection Plan.

2. Receive and process complaints about environmental protection from the project owner, production, business, and service facility manager, and organizations and individuals related to the project, production, business, and service plans.

3. Coordinate with the project investor, production, business, and service facility manager, and relevant agencies and organizations to handle environmental incidents occurring during the implementation of the project, production, business, and service plans.

Chapter III

ENVIRONMENTAL PROTECTION IN THE EXPLOITATION AND USE OF NATURAL RESOURCES

Article 35. Environmental Protection in Surveying, Evaluating, and Planning the Use of Natural Resources and Biodiversity

1. All natural resources and biodiversity must be surveyed, evaluated for current status, regenerative capacity, economic value, to serve as a basis for reasonable planning; determine permissible limits for exploitation, resource tax rates, environmental protection fees, environmental restoration guarantees, compensation for biodiversity loss, environmental damage compensation, and other measures to protect resources and the environment.

2. The surveying, evaluation, and planning for the use of natural resources must be carried out in accordance with the provisions of the law.

Article 36. Protection and Sustainable Development of Forest Resources

All production, business, service activities, and other activities affecting soil, water, air, and biodiversity related to forests must comply with this Law and laws on biodiversity, forest protection and development, and related laws.

Article 37. Environmental Protection in Basic Investigation, Exploration, Exploitation, and Use of Natural Resources

1. Basic investigation, exploration, exploitation, and use of natural resources must comply with the approved planning by the competent state authorities.

2. Permits for exploration, exploitation, and use of natural resources must include environmental protection content as prescribed by law.

3. During basic investigation, exploration, exploitation, and use of natural resources, organizations and individuals have the responsibility to implement environmental protection requirements; they must restore the environment in accordance with this Law and related laws.

Article 38. Environmental Protection in Mineral Exploration, Extraction, and Processing Activities

1. Organizations and individuals conducting mineral exploration, extraction, and processing activities must take preventive measures and respond to environmental incidents and implement requirements for environmental protection, improvement, and restoration as follows:

a) Collecting and treating wastewater in accordance with the provisions of the law;

b) Collecting and treating solid waste in accordance with regulations on solid waste management;

c) Implementing measures to prevent and limit the dispersion of dust, harmful exhaust gases, and other negative impacts on the surrounding environment;

d) Must have plans for environmental improvement and restoration throughout the entire process of mineral exploration, extraction, and processing, and carry out environmental improvement and restoration during these processes;

đ) Deposit a guarantee fund for environmental restoration in accordance with the provisions of the law.

2. Hazardous minerals must be stored and transported using specialized equipment and covered to prevent their dispersion into the environment.

3. The use of machinery and equipment that negatively impact the environment, and toxic chemicals in mineral exploration, extraction, and processing activities must be subject to inspection and supervision by state agencies responsible for environmental protection.

4. Mineral exploration, extraction, transportation, and processing activities involving oil and gas, radioactive elements, toxic substances, and explosives must comply with the provisions of this Law and laws related to chemical safety, radiation safety, and nuclear safety.

5. The Ministry of Natural Resources and Environment shall lead and coordinate with the Ministry of Industry and Trade and other ministries, ministerial-level agencies, government agencies, and provincial People's Committees to direct the compilation of emission sources, assess the degree of environmental pollution caused by mineral extraction and processing facilities; organize inspections and supervisions of compliance with environmental protection laws by these facilities.

Chapter IV

RESPONSE TO CLIMATE CHANGE

Article 39. General Provisions on Response to Climate Change

1. All environmental protection activities must be harmoniously integrated with climate change response efforts.

2. Organizations and individuals are responsible for implementing environmental protection and climate change response requirements in production, business, and service activities in accordance with this Law and relevant laws.

3. Ministries, ministerial-level agencies, and People's Committees at all levels shall develop and implement environmental protection and climate change response activities within their jurisdiction.

4. The Ministry of Natural Resources and Environment assists the Government in developing, organizing the implementation, and guiding climate change response activities.

Article 40. Incorporating Climate Change Response Content into Economic and Social Development Strategies, Plans, and Programs

1. Climate change response content must be reflected in economic and social development strategies, plans, and industry and sector development plans that require strategic environmental assessment reports as stipulated in Article 13 of this Law.

2. The integration of climate change response content into economic and social development strategies, plans, and industry and sector development plans must be based on assessments of the mutual impacts between these strategies, plans, and the environment and climate change, and the establishment of a system of environmental protection and climate change response solutions.

Article 41. Management of Greenhouse Gas Emissions

1. The contents of management of greenhouse gas emissions include:

a) Establishing a national system for inventorying greenhouse gases;

b) Implementing activities to reduce greenhouse gases in accordance with economic and social conditions;

c) Sustainably managing forest resources, conserving and increasing carbon storage in forests, protecting and developing ecosystems;

d) Inspecting and auditing compliance with regulations on inventorying and reducing greenhouse gas emissions;

đ) Forming and developing domestic carbon credit markets and participating in global carbon credit markets;

e) International cooperation on reducing greenhouse gases.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to organize the inventory of greenhouse gases and prepare national reports on the management of greenhouse gas emissions in accordance with international treaties to which the Socialist Republic of Vietnam is a member.

Article 42. Management of Ozone-Depleting Substances

1. Prioritize the development and implementation of policies and plans for managing, reducing, and eliminating ozone-depleting substances.

2. Prohibit the production, import, temporary import for re-export, and consumption of ozone-depleting substances in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

Article 43. Development of Renewable Energy

1. Renewable energy is energy extracted from water, wind, sunlight, geothermal sources, ocean waves, biofuels, and other renewable energy resources.

2. Encourage the production, import, and use of machinery, equipment, and transportation vehicles using renewable energy.

Article 44. Environmentally Friendly Production and Consumption

1. Agencies, organizations, households, and individuals have the responsibility to participate in environmentally friendly production and consumption of products and services.

2. Heads of state budget-funded agencies and units have the responsibility to prioritize the use of environmentally friendly products and services certified with eco-labels in accordance with the law.

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with information and communication agencies to introduce and promote environmentally friendly products and services.

Article 45. Energy Recovery from Waste

1. The owner of production, business, and service facilities has the responsibility to minimize, reuse, recycle waste, and recover energy from waste.

2. The State shall adopt policies to encourage the minimization, reuse, recycling of waste, and recovery of energy from waste.

Article 46. Rights and Responsibilities of Communities in Responding to Climate Change

1. Communities have the right to be provided with and request information about climate change, except for information classified as state secrets.

2. Communities have the responsibility to participate in activities responding to climate change.

3. Climate change management agencies have the responsibility to provide information, organize activities to raise community awareness, and create favorable conditions for communities to participate in activities responding to climate change.

Article 47. Development and Application of Science and Technology to Respond to Climate Change

1. Priority activities in research, transfer, and application of technology related to responding to climate change include:

a) Developing interdisciplinary sciences for managing, assessing, monitoring, and forecasting the impacts of climate change on economic and social development, the environment, and public health;

b) Conducting basic scientific research, applying, developing, and transferring modern technologies in reducing greenhouse gases, adapting to climate change; enhancing the competitiveness of key economic sectors, developing a low-carbon economy, and green growth.

2. Agencies, organizations, production, business, and service facilities have the responsibility to implement or participate in research, transfer, and application of science and technology aimed at responding to climate change.

Article 48. International Cooperation on Climate Change Response

1. The State shall have policies to cooperate internationally to attract investment, provide financial support, develop and transfer technology, and enhance capacity to respond to climate change towards a green economy.

2. The Government shall specify the roadmap and methods for participating in global activities to reduce greenhouse gas emissions in accordance with economic and social conditions and commitments under international treaties to which the Socialist Republic of Vietnam is a party.

Chapter V

ENVIRONMENTAL PROTECTION OF THE SEA AND ISLANDS

Article 49. General Provisions on Environmental Protection of the Sea and Islands

1. Strategies, plans, and programs for socio-economic development, national defense, and security related to the sea and islands must include provisions on environmental protection and responding to climate change.

2. Emissions from land, islands, and activities at sea must be controlled, prevented, reduced, and treated in accordance with the law.

3. Prevention and response to environmental incidents at sea and on islands must involve close coordination among state management agencies, rescue organizations, and other relevant organizations and individuals.

4. Organizations and individuals engaged in activities at sea and on islands must proactively respond to environmental incidents and have the responsibility to coordinate with state management agencies and other relevant organizations and individuals in responding to environmental incidents at sea and on islands.

5. Strategies, plans for exploiting resources from the sea, islands, natural reserves, mangrove forests, natural heritage sites, and islands must be consistent with strategies and plans for environmental protection.

Article 50. Control and Treatment of Marine and Island Environmental Pollution

1. Waste discharged from land into the sea, generated at sea and on islands must be recorded, classified, assessed, and measures taken to prevent, reduce, and treat it to meet technical environmental standards.

2. Oil, grease, drilling fluids, ballast water, chemicals, and other hazardous substances used in activities at sea and on islands after use must be collected, stored, transported, and treated in accordance with waste management regulations.

3. Submarine disposal and dumping of waste at sea and on islands must be based on the characteristics of the type of waste and must be permitted by competent state management authorities.

4. Control and treatment of marine and island environmental pollution must comply with international conventions on the sea and islands to which the Socialist Republic of Vietnam is a party.

Article 51. Prevention and Response to Environmental Incidents at Sea and on Islands

1. Organizations and individuals engaged in activities at sea and on islands that pose a risk of causing environmental incidents must have plans and resources for prevention and response to such incidents and report to competent state authorities.

2. Ministries, ministerial-level agencies, government agencies, and provincial People's Committees within their respective functions and powers have the responsibility to promptly warn and inform about environmental incidents at sea and organize responses and remediation.

Chapter VI

ENVIRONMENTAL PROTECTION OF WATER, LAND, AND AIR

Section 1

ENVIRONMENTAL PROTECTION OF RIVER WATER

Article 52. General Provisions on River Water Environmental Protection

1. Protecting river water environment is a fundamental component of planning and using river water.

2. Discharges into river basins must be managed in accordance with the carrying capacity of the rivers.

3. The quality of river water and sediment must be monitored and evaluated.

4. River basin environmental protection must be linked to biodiversity conservation, exploitation, and utilization of river water.

5. Enterprises, business households, service providers, organizations, household heads, and individuals have the responsibility to reduce and treat waste before discharging it into river basins in accordance with the law.

Article 53. Contents of monitoring and handling water pollution in river basins

1. Statistics, assessment, reduction, and treatment of waste discharged into river basins.

2. Regular monitoring and assessment of river water quality and sediment.

3. Investigation and assessment of the carrying capacity of rivers; announcing sections of rivers that can no longer accept waste; determining effluent discharge quotas for rivers.

4. Handling pollution and improving the environment of polluted river sections.

5. Monitoring and assessing the quality of transboundary river water and sediment environments, and sharing information based on international laws and practices.

6. Developing and implementing river basin environmental protection programs.

7. Publicizing information about river basin water and sediment environments to organizations managing, exploiting, and using river water.

Article 54. Responsibilities of provincial People's Committees for protecting river basin water environments within their province

1. Publicizing information on sources discharging into river basins.

2. Directing and organizing preventive and control activities for sources discharging into river basins.

3. Organizing assessments of the carrying capacity of rivers; issuing effluent discharge quotas for rivers; publicizing information on sections of rivers that can no longer accept waste.

4. Organizing assessments of damage caused by pollution and handling pollution in river basin environments.

5. Directing the development and implementation of river basin environmental protection programs.

Article 55. Responsibilities of the Ministry of Natural Resources and Environment for protecting river basin water environments

1. Assessing the quality of inter-provincial and transboundary river basin water and sediment environments.

2. Investigating and assessing the carrying capacity, determining appropriate effluent discharge quotas in line with water usage goals, and publicizing information.

3. Issuing and guiding the implementation of technical standards for river basin water and sediment environments.

4. Issuing and guiding the assessment of the carrying capacity of inter-provincial river basins, effluent discharge quotas for inter-provincial rivers, remediation of pollution, and improvement of polluted river sections.

5. Organizing and directing activities for protecting inter-provincial river basin environments.

6. Organizing assessments of pollution-causing sources, levels of damage, and organizing pollution handling in inter-provincial river basins.

7. Compiling information on the quality of inter-provincial river basin water and sediment environments, annually reporting to the Prime Minister.

8. Developing and submitting to the Prime Minister for approval inter-provincial river basin environmental protection programs.

Section 2

PROTECTION OF OTHER WATER SOURCES

Article 56. Protection of water environments in lakes, ponds, canals, ditches, and streams

1. Water sources in lakes, ponds, canals, ditches, and streams must be investigated, assessed for quantity and quality, and protected to regulate water supply.

2. Lakes, ponds, canals, ditches, and streams in urban areas and residential zones must be planned for renovation and protection.

3. Organizations and individuals are not allowed to illegally occupy, construct buildings on water surfaces or adjacent banks of lakes, ponds, canals, ditches, and streams; minimizing the filling of lakes and ponds in urban and residential areas.

4. Provincial People's Committees are responsible for organizing investigations, assessments of quantity and quality, and planning for the protection and regulation of water regimes in lakes, ponds, canals, ditches, and streams; developing and implementing plans to renovate or relocate residential areas and facilities on lakes, ponds, canals, ditches, and streams causing environmental pollution, obstructing water flow, degrading wetland ecosystems, and detracting from urban aesthetics.

Article 57. Protection of the environment of water reservoirs serving irrigation and hydropower purposes

1. The construction, management, and operation of water reservoirs serving irrigation and hydropower purposes must be linked to environmental protection.

2. It is not allowed to encroach on the area, dump solid waste, soil, or rock into the reservoir; discharge untreated wastewater that does not meet technical environmental standards into the reservoir.

3. The management agency of water reservoirs serving irrigation and hydropower purposes has the responsibility to monitor the reservoir water environment at least once every three months.

Article 58. Protection of underground water environment

1. Only chemical types listed in the permitted catalog by competent state agencies may be used in underground water exploration and exploitation.

2. Measures must be taken to prevent pollution of underground water sources through drilling wells for exploration and exploitation. Underground water exploitation facilities have the responsibility to restore the environment in the exploration and exploitation areas. Unused exploration and exploitation boreholes must be plugged according to the prescribed technical procedures.

3. Production, business, and service establishments using hazardous chemicals and radioactive materials must take measures to ensure that hazardous chemicals and radioactive waste do not leak or spread into underground water sources.

4. Chemical storage facilities, treatment sites, and hazardous waste disposal areas must be constructed to ensure technical safety and measures to prevent hazardous chemicals from seeping into underground water sources as stipulated by law.

5. Organizations and individuals causing underground water pollution must bear the responsibility for treating such pollution.

Section 3

ENVIRONMENTAL PROTECTION OF SOIL

Article 59. General provisions on soil environmental protection

1. Soil environmental protection is one of the basic contents of land resource management.

2. Planning, plans, projects, and activities using land must consider their impact on the soil environment and implement measures to protect it.

3. Organizations, households, and individuals granted land use rights have the responsibility to protect the soil environment.

4. Organizations, households, and individuals causing soil environmental pollution must bear the responsibility for treating, improving, and restoring the soil environment.

Article 60. Management of soil environmental quality

1. The quality of the soil environment must be investigated, assessed, classified, managed, and information made public to relevant organizations and individuals.

2. Emission of pollutants into the soil environment must not exceed its capacity to accept them.

3. Areas with a risk of degradation must be delineated, monitored, and supervised.

4. Degraded areas must be rehabilitated.

5. State management agencies for environmental protection have the responsibility to organize investigations, assessments, and publicize information about soil environmental quality.

Article 61. Control of soil environmental pollution

1. Factors posing a risk of soil environmental pollution must be identified, recorded, assessed, and controlled.

2. State management agencies for environmental protection have the responsibility to organize the control of soil environmental pollution.

3. Production, business, and service establishments have the responsibility to implement measures to control soil environmental pollution at their premises.

4. Areas contaminated with dioxins originating from herbicides used during wartime, residual pesticides, and other harmful substances must be investigated, assessed, delineated, and treated to meet environmental protection requirements.

5. The Government shall provide detailed regulations on this matter.

Section 4

AIR ENVIRONMENT PROTECTION

Article 62. General Provisions on Air Environmental Protection

1. Sources emitting air pollutants into the environment must be assessed and controlled.

2. Organizations and individuals engaged in production, business, and service activities that emit air pollutants affecting the environment shall have the responsibility to reduce and treat such emissions to ensure air quality in accordance with the provisions of the law.

Article 63. Management of Ambient Air Quality

The state management agency for environmental protection shall be responsible for monitoring, assessing ambient air quality, and publicly disclosing information; in cases where ambient air quality is polluted, timely warnings and remedial actions must be taken.

Article 64. Control of Air Pollution

1. Emission sources must be identified in terms of flow rate, characteristics, and features of the emitted gases.

2. The examination and approval of projects and activities involving gas emissions must be based on the carrying capacity of the air environment, ensuring no adverse impact on human health and the environment.

3. Production, business, and service establishments with large industrial emission sources must register pollution sources, measure, compile statistics, inventory, and establish databases regarding the flow rate, characteristics, and features of the emitted gases.

4. Production, business, and service establishments with large industrial emission sources in terms of flow rate must install automatic and continuous gas emission monitoring equipment and obtain discharge permit from competent state management agencies.

5. The Government shall provide detailed regulations on this matter.

Chapter VII

ENVIRONMENTAL PROTECTION IN ACTIVITIES

PRODUCTION, BUSINESS, SERVICES

Article 65. Environmental Protection in Economic Zones

1. Economic zones must have environmental infrastructure works in accordance with the provisions of the law.

2. The management board of economic zones must have a specialized department for environmental protection.

3. The management board of economic zones must cooperate with the state management agency for environmental protection in the area to organize environmental protection activities; report on environmental protection work in economic zones in accordance with the provisions of the law.

4. The Minister of Natural Resources and Environment shall provide detailed regulations on this matter.

Article 66. Environmental Protection in Industrial Parks, Export Processing Zones, and High-Tech Zones

1. The management boards of industrial parks, export processing zones, and high-tech zones must cooperate with the state management agency for environmental protection in the area to organize inspections of environmental protection activities; report on environmental protection activities in industrial parks, export processing zones, and high-tech zones in accordance with the provisions of the law.

2. The management boards of industrial parks, export processing zones, and high-tech zones must have a specialized department for environmental protection.

3. Investors constructing and operating infrastructure in industrial parks, export processing zones, and high-tech zones must ensure the following requirements:

a) Planning functional areas and types of activities must be compatible with environmental protection activities;

b) Invest in centralized wastewater collection and treatment systems meeting technical environmental standards and having automatic and continuous wastewater monitoring systems; have flow measurement devices for wastewater;

c) Arrange appropriate professional staff to carry out environmental protection tasks.

4. The Minister of Natural Resources and Environment shall provide detailed regulations on this matter.

Article 67. Environmental Protection in Industrial Clusters, Concentrated Business and Service Areas

1. Investors constructing and operating infrastructure in industrial clusters must implement the following environmental protection activities:

a) Develop an environmental protection plan;

b) Invest in wastewater collection and treatment systems meeting technical environmental standards;

c) Organize environmental monitoring in accordance with the provisions of the law;

d) Arrange personnel responsible for environmental protection.

2. The management boards of concentrated business and service areas must implement the following environmental protection activities:

a) Develop an environmental protection plan;

b) Invest in wastewater and solid waste collection systems meeting technical environmental standards;

c) Arrange personnel responsible for environmental protection.

3. The People's Committee at the district level shall be responsible for:

a) Inspecting and auditing the development and implementation of environmental protection plans in industrial clusters, concentrated business and service areas;

b) Reporting to competent state agencies about environmental protection work in industrial clusters, concentrated business and service areas.

4. The Minister of Natural Resources and Environment shall provide detailed regulations on this matter.

Article 68. Environmental Protection for Production, Business, and Service Establishments

1. Production, business, and service establishments must meet the following environmental protection requirements:

a) Collect and treat wastewater to ensure compliance with technical environmental standards;

b) Collect, classify, store, treat, and dispose of solid waste in accordance with the provisions of the law;

c) Minimize, collect, and treat dust and exhaust gases in accordance with the provisions of the law; ensure that toxic gases do not leak or spread into the environment; limit noise, vibration, light, and heat emissions that negatively impact the surrounding environment and workers;

d) Ensure resources and equipment capable of preventing and responding to environmental incidents;

đ) Develop and implement environmental protection plans.

2. Production facilities or warehouses falling under the following cases must maintain a distance to ensure no negative impact on residential areas:

a) Contain flammable or explosive substances;

b) Contain radioactive materials or strong radiation;

c) Contain substances harmful to humans and animals;

d) Emit dust, odors, and noise affecting human health;

đ) Cause water source pollution.

3. Production, business, and service establishments generating large amounts of waste with significant potential to adversely affect the environment must have specialized departments or personnel responsible for environmental protection; their environmental management systems must be confirmed according to the Government's regulations.

4. The owner of production, business, and service establishments is responsible for organizing the implementation of environmental protection requirements stipulated in Clauses 1, 2, and 3 of this Article and related laws.

Article 69. Environmental Protection in Agricultural Production

1. Organizations and individuals producing, importing, trading, and using plant protection chemicals and veterinary drugs must comply with environmental protection regulations set forth in Clauses 1 and 2 of Article 78 of this Law.

2. Expired fertilizers and livestock waste treatment products; containers and packaging for fertilizers, plant protection chemicals, and veterinary drugs after use must be disposed of according to waste management regulations.

3. Concentrated livestock farms must have environmental protection plans and meet the following requirements:

a) Ensure environmental hygiene for residential areas;

b) Collect and treat wastewater and solid waste in accordance with waste management regulations;

c) Animal shelters must be regularly cleaned; ensure prevention and response to disease outbreaks;

d) Dead animals due to disease must be managed according to hazardous waste management and disease prevention regulations.

Article 70. Environmental Protection for Craft Villages

1. Craft villages must meet the following environmental protection conditions:

a) Have an environmental protection plan for craft villages;

b) Have infrastructure ensuring collection, classification, storage, treatment, and disposal of waste to meet technical environmental standards;

c) Have self-management organizations for environmental protection.

2. Production facilities in industries encouraged for development in craft villages as prescribed by the Government must meet the following requirements:

a) Develop and implement environmental protection measures in accordance with the law;

b) Implement measures to reduce noise, vibration, light, dust, exhaust gases, wastewater, and local pollution treatment; collect, classify, store, and treat solid waste in accordance with the law.

3. Production facilities not covered by Clause 2 of this Article must meet the following requirements:

a) Comply with Clause 1 of Article 68 of this Law;

b) Comply with relocation and industry conversion plans as prescribed by competent state authorities.

4. Responsibilities of People's Committees at the commune level with craft villages are defined as follows:

a) Develop and implement environmental protection plans for craft villages within their jurisdiction;

b) Guide the activities of self-management organizations for environmental protection in craft villages;

c) Annually report to the People's Committee at the district level on environmental protection work in craft villages.

5. Responsibilities of People's Committees at the district level with craft villages are defined as follows:

a) Direct, guide, inspect, and audit environmental protection work in craft villages within their jurisdiction;

b) Annually report to the People's Committee at the provincial level on environmental protection work in craft villages.

6. Responsibilities of People's Committees at the provincial level with craft villages are defined as follows:

a) Plan, construct, renovate, and develop craft villages in conjunction with environmental protection;

b) Allocate budgets for environmental protection activities in craft villages;

c) Direct and organize assessments of pollution levels and pollution treatment in craft villages within their jurisdiction;

d) Direct the construction of wastewater collection and treatment systems; solid waste collection and treatment zones, including hazardous waste, for craft villages;

đ) Plan industrial parks and clusters for craft villages; have plans to relocate facilities causing severe environmental pollution out of residential areas.

7. The Government shall provide detailed regulations on this matter.

Article 71. Environmental Protection in Aquaculture

1. Organizations and individuals producing, importing, and trading aquatic veterinary drugs and chemicals for aquaculture must comply with environmental protection laws and related laws.

2. It is prohibited to use expired aquatic veterinary drugs and chemicals or those not listed in the permitted list for aquaculture.

3. Expired aquatic veterinary drugs and chemicals; packaging of used aquatic veterinary drugs and chemicals; sediment and feed residues when cleaning fish ponds must be collected and treated according to waste management regulations.

4. Concentrated aquaculture zones must conform to planning requirements and meet environmental protection requirements as follows:

a) Waste must be collected and treated in accordance with the law;

b) Restoration of the environment after ceasing aquaculture activities;

c) Ensuring sanitary conditions, preventing aquatic diseases; harmful chemicals may not be used or accumulated.

5. Concentrated aquaculture zones shall not be constructed on coastal tidal flats that are forming at river mouths.

6. Mangrove forests shall not be cleared for aquaculture purposes.

Article 72. Environmental Protection for Hospitals and Healthcare Facilities

1. Hospitals and healthcare facilities must comply with the following environmental protection requirements:

a) Collecting and treating medical wastewater to meet technical environmental standards;

b) Sorting solid medical waste at source; implementing collection, transportation, storage, and treatment of solid medical waste to meet technical environmental standards;

c) Having plans and equipment to prevent and respond to environmental incidents caused by medical waste;

d) Medical waste must be preliminarily treated to remove infectious pathogens before being transferred to storage, treatment, and centralized disposal locations;

e) Emissions must meet technical environmental standards.

2. Radiation facilities and medical equipment using radioactive materials must comply with radiation safety and nuclear safety laws.

3. The project investor of hospitals and healthcare facilities is responsible for allocating sufficient funds to construct sanitation facilities, waste collection, storage, and treatment systems, and to meet environmental protection requirements.

4. The head of hospitals and healthcare facilities is responsible for implementing environmental protection requirements stipulated in Clauses 1, 2, and 3 of this Article and related laws.

Article 73. Environmental Protection in Construction Activities

1. Urban planning must comply with environmental protection regulations.

2. In the design and budget of production, business, and service establishments generating waste that adversely affects the environment, there must be construction projects for waste treatment as prescribed by law.

3. Construction activities must meet the following environmental protection requirements:

a) Construction within residential areas must have measures to ensure that dust, heat, noise, vibration, and light do not exceed technical environmental standards;

b) Transportation of construction materials must be carried out using vehicles meeting technical requirements, without leakage, spillage, or environmental pollution;

c) Wastewater, solid waste, and other types of waste must be collected and treated to meet technical environmental standards.

Article 74. Environmental Protection in Transportation Activities

1. Traffic planning must comply with environmental protection regulations.

2. Motorized transportation vehicles must be certified by inspection agencies to meet technical environmental standards before being put into use.

3. Vehicles transporting raw materials, materials, and waste must be covered to prevent spillage that could cause environmental pollution during transportation.

4. Organizations and individuals engaged in dangerous goods transportation activities must ensure they meet the required conditions and capabilities for environmental protection as stipulated by law.

5. The transportation of goods and materials that pose a risk of causing environmental incidents must satisfy the following requirements:

a) Use specialized equipment and vehicles to ensure no leakage or release into the environment;

b) Possess a transportation permit issued by the competent state management agency;

c) Follow the designated route and time specified in the permit during transportation.

Article 75. Environmental Protection in Importation and Transit of Goods

1. Machinery, equipment, vehicles, raw materials, fuel, chemicals, imported and transiting goods must meet environmental protection requirements.

2. It is prohibited to import machinery, equipment, vehicles, raw materials, fuel, chemicals, and goods as follows:

a) Machinery, equipment, and vehicles that do not meet environmental protection requirements;

b) Used transportation machinery, equipment, and vehicles intended for dismantling, except as provided for in Clause 3 of this Article;

c) Raw materials, fuels, materials, chemicals, and goods listed in the prohibited importation directory;

d) Machinery, equipment, and vehicles contaminated with radioactive substances, disease-causing microorganisms, or other toxic substances that have not been cleaned or cannot be cleaned;

đ) Food, food ingredients, food additives, processing aids, food packaging and storage materials that have expired or do not meet food safety regulations;

e) Medicines, medicinal ingredients for human use, veterinary medicines, plant protection products that have expired or do not meet quality standards.

3. The importation of used ships must meet environmental technical standards. The Government shall specify the objects and conditions permitted for importing and dismantling used ships.

Article 76. Environmental Protection in the Importation of Scrap Materials

1. Scrap materials imported from abroad into Vietnam must meet environmental technical standards and be included in the list of scrap materials allowed for importation as prescribed by the Prime Minister.

2. Organizations and individuals importing scrap materials must meet the following requirements:

a) Have dedicated warehouses or yards for scrap material collection that meet environmental protection conditions;

b) Have recycling and reuse technology and equipment for scrap materials, and treatment facilities for accompanying impurities that meet environmental technical standards.

3. Organizations and individuals importing scrap materials have the following responsibilities:

a) Only import scrap materials as production raw materials;

b) Treat accompanying impurities from scrap materials to meet environmental technical standards; may not give or sell accompanying impurities from scrap materials;

c) Re-export scrap materials that do not meet environmental technical standards; if re-export is not possible, they must handle them according to the law on waste management;

d) Implement a guarantee deposit for imported scrap materials as prescribed by the Government.

4. Provincial People's Committees have the following responsibilities:

a) Inspect, detect, prevent, and handle violations of laws related to imported scrap materials;

b) Annually report to the Ministry of Natural Resources and Environment on the situation of scrap material imports, usage, and related environmental issues within their jurisdiction.

Article 77. Environmental Protection in Festival and Tourism Activities

1. Organizations and individuals managing and exploiting historical sites, heritage points, tourist areas, tourist spots, and accommodation facilities must implement the following environmental protection measures:

a) Posting environmental protection regulations at historical sites, heritage points, tourist areas, tourist spots, and providing guidance on their implementation;

b) Installing and arranging sufficient and reasonable sanitation facilities and waste collection equipment;

c) Arranging manpower for environmental cleaning.

2. Individuals visiting historical sites, heritage points, tourist areas, tourist spots, accommodation facilities, and festivals must comply with the following regulations:

a) Adhering to internal rules and guidance on environmental protection at historical sites, heritage points, tourist areas, tourist spots, and accommodation facilities;

b) Disposing of waste in designated locations;

c) Maintaining public hygiene;

d) Not damaging the landscape of historical sites, heritage points, tourist areas, tourist spots, and accommodation facilities, nor harming species therein.

Article 78. Environmental Protection for Chemicals, Pesticides, and Veterinary Drugs

1. Organizations and individuals producing, importing, trading, using, transporting, storing, transferring, and disposing of chemicals, pesticides, and veterinary drugs must comply with laws on environmental protection and related laws.

2. Chemicals, pesticides, and veterinary drugs with high toxicity, persistence, spread, accumulation in the environment, and adverse effects on the environment and human health must be registered, inventoried, monitored, information managed, risk assessed, and disposed of according to legal provisions.

3. The Minister of Natural Resources and Environment shall take the lead and coordinate with the Ministers of Industry and Trade, Agriculture and Rural Development to provide detailed regulations for this Article.

Article 79. Environmental Protection for Research Facilities and Testing Laboratories

1. Research facilities and testing laboratories must meet the following environmental protection requirements:

a) Collecting and treating wastewater to meet technical environmental standards;

b) Sorting solid waste at source; collecting and treating it according to legal provisions on solid waste management;

c) Treating and destroying experimental analysis samples, items, and chemicals in compliance with technical environmental standards;

d) Having plans and equipment for preventing and responding to environmental incidents.

2. Research facilities and testing laboratories that use radioactive materials must meet legal requirements for radiation safety and nuclear safety.

3. Heads of research facilities and testing laboratories are responsible for implementing the environmental protection requirements stipulated in Clause 1 and Clause 2 of this Article and relevant legal provisions.

Chapter VIII

URBAN AND RESIDENTIAL AREA ENVIRONMENTAL PROTECTION

Article 80. Requirements for Urban and Residential Area Environmental Protection

1. Urban environmental protection shall be carried out based on sustainable development principles, maintaining natural, cultural, and historical elements, and ensuring green space ratios as per planning.

2. Infrastructure for environmental protection must be comprehensive and compatible with approved urban and concentrated residential area planning by competent authorities.

3. Equipment, means, and locations for sorting at source, collecting, and concentrating household solid waste must be suitable for the volume and types of waste and capable of receiving sorted waste from households within the residential area.

4. Ensuring urban landscape and environmental hygiene requirements; installing and arranging public sanitation facilities.

5. Developers of concentrated residential areas and apartment buildings must comply with the environmental protection requirements stipulated in Clause 2 and Clause 3 of this Article.

6. For scattered residential areas, there must be locations and systems for collecting and treating waste; clean water supply systems and activities promoting green, clean, beautiful, and safe environments must be established.

Article 81. Protection of the Environment in Public Places

1. Agencies, organizations, households, and individuals shall be responsible for implementing regulations on environmental protection and maintaining hygiene in public places; sorting and transferring waste to public trash bins or designated collection points; not allowing pets to cause unsanitary conditions in public places.

2. Organizations and individuals managing parks, amusement areas, entertainment zones, tourist sites, markets, train stations, bus terminals, ports, ferry terminals, and other public areas shall be responsible for the following:

a) Arranging manpower to collect waste and maintain environmental hygiene within their management scope;

b) Providing public sanitation facilities; means and equipment for waste collection that meet the needs of maintaining environmental hygiene;

c) Posting regulations on maintaining hygiene in public places.

Article 82. Environmental Protection Requirements for Households

1. Minimizing, sorting at source, collecting, and transferring household waste to designated locations.

2. Minimizing, treating, and discharging domestic wastewater according to designated locations.

3. Not emitting exhaust gases, causing noise, vibration, or other impacts exceeding environmental technical standards, thereby adversely affecting surrounding communities.

4. Paying environmental protection fees in full and on time; paying for waste collection and treatment services as prescribed by law;

5. Participating in public and community environmental protection activities;

6. Ensuring sanitation facilities, livestock and poultry sheds meet hygiene and safety requirements.

Article 83. Self-Management Organizations for Environmental Protection

1. The State encourages communities to establish self-management organizations for environmental protection in their residential areas.

2. Self-management organizations for environmental protection shall be established and operate voluntarily, with community responsibility, in accordance with legal provisions and perform the following tasks:

a) Inspecting and urging households and individuals to comply with regulations on maintaining hygiene and protecting the environment;

b) Organizing waste collection, accumulation, and treatment;

c) Maintaining environmental hygiene in residential areas and public places;

d) Drafting and implementing village conventions on environmental protection; promoting and mobilizing the people to eliminate harmful customs and habits detrimental to health and the environment;

e) Participating in monitoring the implementation of environmental protection laws by production, business, and service establishments in their locality;

3. People's Committees at the commune level shall stipulate the organization and operation of self-management organizations for environmental protection and create favorable conditions for them to operate effectively.

Article 84. Environmental Protection in Burials and Cremations

1. Burial and cremation sites must meet the following requirements:

a) Comply with planning;

b) Have positions and distances that meet environmental hygiene and residential area landscape requirements;

c) Not cause water pollution or environmental contamination around the site.

2. Embalming, refrigerating, transporting, burying, and interring corpses and remains must meet environmental hygiene requirements.

3. Burials of those who died from dangerous diseases must be carried out in accordance with the Ministry of Health's regulations.

4. Organizations and individuals engaged in funeral services must comply with legal provisions on environmental protection and disease prevention hygiene.

5. The State encourages cremation and burial in planned cemeteries, eliminating customs that pollute the environment.

Chapter IX

WASTE MANAGEMENT

Section 1

GENERAL PROVISIONS ON WASTE MANAGEMENT

Article 85. Requirements for Waste Management

1. Waste must be managed throughout the entire process from generation to reduction, classification, collection, transportation, reuse, recycling, and disposal.

2. Mixed waste containing hazardous waste exceeding the prescribed threshold that cannot be separated shall be managed in accordance with the laws on hazardous waste.

3. The Government shall provide detailed regulations on waste management.

Article 86. Reduction, Reuse, and Recycling of Waste

1. Waste capable of being reused, recycled, or energy recovered must be classified.

2. The owner of production, business, and service establishments generating waste shall be responsible for reducing, reusing, recycling, and recovering energy from waste, or transferring it to suitable facilities for reuse, recycling, and energy recovery.

Article 87. Recovery and Treatment of Discarded Products

1. The owner of production, business, and service establishments shall be responsible for recovering and treating discarded products.

2. Consumers shall be responsible for transferring discarded products to designated locations.

3. People's Committees at all levels and state management agencies for environmental protection shall facilitate the organization of collection of discarded products by production, business, and service establishments.

4. The recovery and treatment of discarded products shall be carried out according to the Prime Minister's decision.

Article 88. Responsibilities of People's Committees at All Levels in Waste Management

Within their scope of duties and powers, People's Committees at all levels shall have the following responsibilities:

1. Establishing, approving, and implementing plans for technical infrastructure for waste treatment within their jurisdiction.

2. Investing in construction and organizing operation of public works serving waste management within their jurisdiction.

3. Issuing and implementing preferential policies and support for waste management activities in accordance with the law.

Article 89. Responsibilities of Investors in Industrial Zones, Export Processing Zones, and High-Tech Zones in Waste Management

1. Arranging land for waste accumulation within their management area.

2. Constructing and operating centralized wastewater treatment systems.

Section 2

MANAGEMENT OF HAZARDOUS WASTE

Article 90. Preparation of Records, Registration, and Licensing for Hazardous Waste Treatment

1. Sources of hazardous waste must prepare records on hazardous waste and register with provincial-level state management agencies for environmental protection.

2. Organizations and individuals must meet the conditions and hold a license to treat hazardous waste.

3. The Ministry of Natural Resources and Environment shall specify the list of hazardous waste and issue licenses for hazardous waste treatment.

Article 91. Classification, Collection, Storage Before Treatment of Hazardous Waste

1. Sources of hazardous waste must organize classification, collection, storage, and treatment to meet environmental technical standards; if the source of hazardous waste does not have the capability to treat hazardous waste to meet these standards, they must transfer it to a facility with a hazardous waste treatment license.

2. Hazardous waste must be stored in specialized means and equipment ensuring no adverse effects on humans and the environment.

Article 92. Transportation of Hazardous Waste

1. Hazardous waste must be transported using specialized means and equipment suitable and listed in the hazardous waste treatment permit.

2. Hazardous waste transported to another country must comply with international treaties to which the Socialist Republic of Vietnam is a party.

Article 93. Conditions for Hazardous Waste Treatment Facilities

1. The location must be within the planning scheme approved by the competent authority.

2. There must be a safe distance to ensure no adverse impact on the environment and human health.

3. There must be specialized technology, equipment, and facilities for storing and treating hazardous waste that meet environmental technical standards.

4. There must be environmental protection works and measures.

5. There must be management personnel holding certificates and technical personnel with appropriate professional qualifications.

6. There must be safe operation procedures for specialized technology, equipment, and facilities.

7. There must be an environmental protection plan.

8. There must be a post-operation environmental recovery plan.

9. There must be an environmental impact assessment report reviewed and approved by the Ministry of Natural Resources and Environment.

Article 94. Contents of Hazardous Waste Management in Environmental Protection Planning

1. Evaluation and prediction of hazardous waste emission sources and quantities.

2. Capacity for collection and sorting at source.

3. Capacity for reuse, recycling, and energy recovery.

4. Location and scale of collection, recycling, and treatment points.

5. Hazardous waste treatment technology.

6. Implementation resources.

7. Implementation schedule.

8. Assignment of responsibilities.

Section 3

MANAGEMENT OF ORDINARY SOLID WASTE

Article 95. Responsibility for Sorting Ordinary Solid Waste

The owner of production, business, service establishments, agencies, organizations, households, and individuals generating ordinary solid waste shall be responsible for sorting such waste at the source to facilitate reuse, recycling, energy recovery, and disposal.

Article 96. Collection and Transportation of Ordinary Solid Waste

1. Ordinary solid waste must be collected, stored, and transported to designated locations using specialized means and equipment.

2. State management agencies for environmental protection shall be responsible for organizing the collection, storage, and transportation of ordinary solid waste within their jurisdiction.

Article 97. Reuse, Recycling, Energy Recovery, and Disposal of Ordinary Solid Waste

The owner of production, business, service establishments, organizations, households, and individuals generating ordinary solid waste shall be responsible for reusing, recycling, recovering energy, and disposing of such waste. In cases where they cannot reuse, recycle, recover energy, or dispose of the waste, they must transfer it to a facility with the appropriate functions for reuse, recycling, energy recovery, and disposal.

Article 98. Contents of Ordinary Solid Waste Management in Environmental Protection Planning

1. Evaluation and prediction of ordinary solid waste emission sources and quantities.

2. Capacity for collection and sorting at source.

3. Capacity for reuse, recycling, and energy recovery.

4. Location and scale of collection, recycling, and treatment points.

5. Technology for treating ordinary solid waste.

6. Implementation resources.

7. Implementation schedule.

8. Assignment of responsibilities.

Section 4

MANAGEMENT OF SEWAGE

Article 99. General Provisions on Sewage Management

1. Sewage must be collected and treated to meet environmental technical standards.

2. Sewage containing harmful factors exceeding prescribed limits must be managed according to regulations governing hazardous waste.

Article 100. Collection and Treatment of Sewage

1. Urban areas and concentrated residential zones must have separate systems for collecting rainwater and sewage.

2. Sewage from production, business, and service establishments must be collected and treated to meet environmental technical standards.

3. Sludge from sewage treatment systems must be managed according to laws on solid waste management; sludge containing harmful factors exceeding prescribed limits must be managed according to laws on hazardous waste management.

Article 101. Wastewater Treatment System

1. The following entities must have a wastewater treatment system:

a) Concentrated production, business, and service areas;

b) Village craft industrial zones and clusters;

c) Production, business, and service facilities not connected to centralized wastewater treatment systems.

2. The wastewater treatment system must meet the following requirements:

a) Have appropriate technological processes for the type of wastewater to be treated;

b) Have sufficient capacity to treat the volume of wastewater generated;

c) Treat wastewater to meet environmental technical standards;

d) The wastewater discharge outlet into the drainage system must be located in a position convenient for inspection and monitoring;

e) Must operate continuously.

3. The management authority of the wastewater treatment system must conduct regular monitoring of wastewater before and after treatment. Monitoring data must be retained as a basis for checking the operation of the wastewater treatment system.

4. Production, business, and service facilities with large-scale discharges and potential environmental hazards must organize automatic environmental water quality monitoring and transfer monitoring data to competent state management agencies according to regulations of the Ministry of Natural Resources and Environment.

Section 5

MANAGEMENT AND CONTROL OF DUST, EMISSIONS, NOISE, VIBRATION, LIGHTING, RADIATION

NOISE, VIBRATION, LIGHT, RADIATION

Article 102. Management and Control of Dust and Emissions

1. Organizations and individuals engaged in production, business, and services that emit dust and emissions must control and treat dust and emissions to meet environmental technical standards.

2. Transportation vehicles, machinery, equipment, and construction projects emitting dust and emissions must have filtration devices, emission reduction measures, shielding equipment, or other methods to reduce dust to meet environmental technical standards.

3. Dust and emissions containing harmful factors exceeding prescribed thresholds must be managed according to laws on hazardous waste management.

Article 103. Management and Control of Noise, Vibration, Lighting, Radiation

1. Organizations and individuals causing noise, vibration, lighting, and radiation must control and treat them to meet environmental technical standards.

2. Production, business, and service facilities in residential areas causing noise, vibration, lighting, and radiation must implement measures to minimize their impact and not affect the community.

3. Organizations and individuals managing high-density traffic routes causing noise, vibration, lighting, and radiation must take measures to minimize their impact and comply with environmental technical standards.

4. Prohibit the production, import, transportation, sale, and use of explosive fireworks. The production, import, transportation, sale, and use of display fireworks shall be carried out according to the Prime Minister's decision.

Chapter X

TREATMENT OF ENVIRONMENTAL POLLUTION, ENVIRONMENT RESTORATION AND IMPROVEMENT

Section 1

HANDLING OF SEVERE ENVIRONMENTAL POLLUTION SOURCES

Article 104. Handling of Facilities Causing Severe Environmental Pollution

1. A facility causing severe environmental pollution is a facility discharging wastewater, emissions, dust, solid waste, noise, vibration, and other pollutants beyond environmental technical standards at a serious level.

2. Facilities causing severe environmental pollution must be administratively penalized according to the law and included in the list of facilities causing severe environmental pollution along with pollution handling measures.

3. The review and identification of facilities causing severe environmental pollution are conducted annually and follow the procedures below:

a) The provincial People's Committee takes the lead, in coordination with ministries, ministerial-level agencies, and government-affiliated agencies, to compile a list of facilities causing environmental pollution within their jurisdiction, excluding cases stipulated in point b of this clause, and submit handling measures to the Ministry of Natural Resources and Environment for consolidation and submission to the Prime Minister for decision;

b) The Ministry of National Defense and the Ministry of Public Security take the lead, in coordination with the provincial People's Committee, to compile a list of facilities causing severe environmental pollution in the defense and security sectors and submit handling measures to the Ministry of Natural Resources and Environment for consolidation and submission to the Prime Minister for decision;

c) The Ministry of Natural Resources and Environment takes the lead, in coordination with ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees, to submit to the Prime Minister for decision the list and handling measures for facilities causing severe environmental pollution;

d) Decisions on handling facilities causing severe environmental pollution must be notified to the district and commune People's Committees where such facilities are located and made public for the community to inspect and monitor.

4. Responsibilities for organizing the handling of facilities causing severe environmental pollution are as follows:

a) The provincial People's Committee takes the lead, in coordination with ministries, ministerial-level agencies, and government-affiliated agencies, to organize the handling of facilities causing severe environmental pollution within their jurisdiction;

b) The Ministry of National Defense and the Ministry of Public Security take the lead, in coordination with the provincial People's Committee, to organize the handling of facilities causing severe environmental pollution in the defense and security sectors;

c) Ministries, ministerial-level agencies, and government-affiliated agencies have the responsibility to coordinate with the provincial People's Committee to organize the handling of facilities causing severe environmental pollution within their management authority;

d) Ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees must annually evaluate the implementation results of handling facilities causing severe environmental pollution and submit them to the Ministry of Natural Resources and Environment for consolidation and reporting to the Prime Minister.

5. The Government shall provide detailed regulations on this matter.

Section 2

TREATMENT AND RESTORATION OF POLLUTED AREAS

Article 105. General Provisions on Environmental Pollution Remediation and Classification of Polluted Areas

1. Environmental pollution remediation is an activity to reduce the impact of pollution on the environment and human beings, and to improve environmental quality in polluted areas.

2. Environmental areas affected by pollution are classified into three levels: environmental pollution, serious environmental pollution, and extremely serious environmental pollution.

Article 106. Environmental Pollution Remediation and Restoration

1. Determining the area affected by environmental pollution includes:

a) Identifying the scope and boundaries of the polluted area;

b) Assessing the degree of pollution and risk assessment;

c) Identifying causes and responsibilities of relevant parties;

d) Solutions for pollution treatment, restoration, and environmental quality improvement;

đ) Determining damages to the environment as a basis for demanding compensation from polluters.

2. Mining and mineral exploitation projects must have plans for environmental restoration and rehabilitation submitted for approval by competent state management agencies before operation and deposit a guarantee fund for environmental restoration and rehabilitation. The plan for environmental restoration and rehabilitation includes the following main contents:

a) Determining the capacity, scope, and degree of environmental pollution caused;

b) Risk assessment;

c) Selecting feasible solutions for environmental restoration and rehabilitation;

d) Plan and budget for environmental restoration and rehabilitation after project completion.

Article 107. Responsibilities in Environmental Pollution Remediation and Restoration

1. Organizations and individuals shall have the following responsibilities:

a) Develop plans for environmental restoration and rehabilitation when implementing projects that pose a risk of causing environmental pollution;

b) Implement measures to remediate pollution and improve the environment when causing environmental pollution;

c) In cases where multiple organizations and individuals jointly cause environmental pollution without reaching an agreement on responsibility, the state management agency for environmental protection shall cooperate with related organizations and individuals to clarify the responsibility of each party in pollution remediation and environmental improvement.

2. Provincial People's Committees shall organize investigations to determine polluted areas within their jurisdiction and report annually to the Ministry of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment shall have the following responsibilities:

a) Establish criteria for classifying polluted areas;

b) Guide the implementation of activities for environmental restoration and rehabilitation; inspect and confirm the completion of pollution remediation and environmental improvement;

c) Investigate, assess, and organize the implementation of pollution remediation and environmental improvement activities in inter-provincial polluted areas.

4. In cases where environmental pollution is caused by natural disasters or the cause has not been determined, ministries, sectors, and People's Committees at all levels within their respective duties and powers shall be responsible for mobilizing resources to organize pollution remediation and environmental improvement.

Section 3

PREVENTION, RESPONSE, REMEDIATION AND HANDLING OF ENVIRONMENTAL INCIDENTS

 AND ENVIRONMENTAL EMERGENCIES

Article 108. Prevention of Environmental Emergencies

1. Owners of production facilities, businesses, services, and transport means that pose a risk of causing environmental emergencies must implement the following preventive measures:

a) Develop emergency prevention and response plans;

b) Install equipment, tools, and means for responding to environmental emergencies;

c) Train, instruct, and build local forces to respond to environmental emergencies;

d) Implement regular inspection regimes and apply safety measures as prescribed by law;

đ) Take measures to eliminate the causes of environmental emergencies when signs of such emergencies are detected.

2. Ministries, ministerial-level agencies, and provincial People's Committees within their respective duties and powers shall implement the following contents:

a) Investigate, compile statistics, and evaluate the risks of various types of environmental emergencies that may occur nationwide, in specific regions, and localities;

b) Build capabilities for prevention, warning of risks, and response to environmental emergencies;

c) Develop annual and five-year plans for prevention and response to environmental emergencies.

Article 109. Response to Environmental Incidents

1. Responsibilities for responding to environmental incidents are stipulated as follows:

a) Organizations and individuals causing environmental incidents must take emergency measures to ensure safety for people and property; organize rescue operations for people and property, and promptly report to local authorities or specialized agencies responsible for environmental protection at the location where the incident occurred;

b) When an environmental incident occurs at a facility or locality, the head of that facility or locality shall be responsible for urgently mobilizing human resources, materials, and equipment to respond to the incident in a timely manner;

c) When an environmental incident occurs across multiple facilities or localities, the heads of those facilities or localities where the incident occurred shall be responsible for coordinating responses;

d) In cases where the capacity to respond to the incident exceeds that of the facility or locality, the head must urgently report to the higher-level authority to promptly mobilize other facilities or localities to participate in responding to the environmental incident; the facilities or localities requested to mobilize must implement response measures within their capabilities.

2. The response to particularly serious environmental incidents shall be carried out in accordance with the provisions of laws on emergency situations.

3. Human resources, materials, and equipment used for responding to environmental incidents shall be compensated and costs reimbursed in accordance with the provisions of the law.

4. The obligation to compensate for damages caused by environmental incidents shall be implemented in accordance with the provisions of this Law and relevant laws.

Article 110. Building Capacity for Responding to Environmental Incidents

1. Production, business, and service facilities have the responsibility to build capacity for preventing and responding to environmental incidents.

2. The State builds capacity for responding to environmental incidents and a system of equipment for warning about environmental incidents.

3. Encouragement is given to organizations and individuals to invest in services for responding to environmental incidents.

Article 111. Determination of Damage Caused by Environmental Incidents

1. The contents of investigation and determination of damage caused by environmental incidents include:

a) The scope and boundaries of the area affected by pollution due to the environmental incident;

b) The degree of pollution;

c) Causes and responsibilities of related parties;

d) Measures to remediate pollution and restore the environment;

e) Damage to the environment serving as grounds for demanding compensation from the party causing pollution or the incident;

2. Responsibilities for investigating and determining the scope of pollution and damage caused by environmental incidents are stipulated as follows:

a) The People's Committee of the province organizes investigations and determinations of the scope of pollution and damage caused by environmental incidents within its territory;

b) The Ministry of Natural Resources and Environment directs the People's Committees of provinces to organize and investigate the scope of pollution and damage caused by environmental incidents within inter-provincial territories.

3. Results of investigations into causes, degrees, scopes of pollution, and environmental damage must be made public.

Article 112. Responsibility for Remediation of Environmental Incidents

1. Organizations and individuals causing environmental incidents have the following responsibilities:

a) Comply with requirements of state management agencies for environmental protection during the process of investigating and determining the scope, boundaries, degrees, causes, and remediation measures for pollution and restoration of the environment;

b) Immediately implement measures to prevent and limit sources of environmental pollution and restrict the spread and impact on the health and lives of people in the affected areas;

c) Implement remediation measures for pollution and restoration of the environment according to the requirements of state management agencies for environmental protection;

d) Compensate for damages in accordance with the provisions of this Law and relevant laws;

e) Report to state management agencies for environmental protection on the response and remediation of environmental incidents;

2. In cases where multiple organizations and individuals jointly cause an environmental incident without reaching an agreement on responsibility, state management agencies for environmental protection shall coordinate with related organizations and individuals to clarify the responsibilities of each party in remediation of pollution and restoration of the environment.

3. In cases where an environmental incident is caused by natural disasters or the cause has not been determined, ministries, sectors, and People's Committees at all levels within their duties and powers shall mobilize resources to organize handling and remediation of environmental pollution.

4. In cases where an environmental incident occurs across provincial borders, remediation of pollution and restoration of the environment shall be carried out in accordance with the directives of the Prime Minister.

Chapter XI

ENVIRONMENTAL TECHNICAL STANDARDS,

 ENVIRONMENTAL STANDARDS

Article 113. Environmental Technical Standards System

1. Environmental quality technical standards include:

a) Group of environmental technical standards for soil;

b) Group of environmental technical standards for surface water and groundwater;

c) Group of environmental technical standards for seawater;

d) Group of environmental technical standards for air;

đ) Group of environmental technical standards for sound, light, radiation;

e) Group of environmental technical standards for noise, vibration.

2. Waste technical standards include:

a) Group of wastewater technical standards from industrial and service activities, livestock waste, aquaculture waste, domestic waste, transportation means and other activities;

b) Group of exhaust gas technical standards from mobile and stationary sources;

c) Group of hazardous waste technical standards.

3. Other groups of environmental technical standards.

Article 114. Principles for Establishing Environmental Technical Standards

1. Meeting the goal of environmental protection; preventing, mitigating pollution, degradation, and environmental incidents.

2. Being feasible, suitable to the level of socio-economic development, technological capacity of the country, and meeting international economic integration requirements.

3. Suitable to the characteristics of regions, areas, and production sectors.

4. Local environmental technical standards must be stricter than national environmental technical standards or meet specific environmental management requirements.

Article 115. Symbols for Environmental Technical Standards

1. National environmental technical standards are symbolized as QCVN number MT: year of issuance/BTNMT.

2. Local environmental technical standards are symbolized as QCĐP number MT: year of issuance/provincial or centrally governed city abbreviation.

Article 116. Requirements for Environmental Quality Technical Standards

1. Environmental quality technical standards stipulate permissible limit values for environmental parameters suitable for the purpose of using environmental components including:

a) Minimum values of environmental parameters ensuring normal life and development of humans and organisms;

b) Maximum permissible values of environmental parameters not causing adverse effects on the normal life and development of humans and organisms.

2. Environmental quality technical standards must guide standard methods for measurement, sampling, and analysis to determine environmental parameters.

Article 117. Requirements for Waste Technical Standards

1. Waste technical standards must specify the maximum concentration of pollutants in waste to ensure no environmental pollution.

2. The concentration of pollutants in waste is determined based on their toxicity, quantity of waste generated, and the receiving environment's carrying capacity.

3. Waste technical standards must provide guidance on standard methods for sampling, measurement, and analysis to determine pollutant concentrations.

Article 118. Establishment and Issuance of Environmental Technical Standards

1. Authority, procedures, and processes for establishing, issuing, and certifying compliance with national and local environmental technical standards must comply with laws on standards and technical regulations.

2. The Ministry of Natural Resources and Environment issues national environmental technical standards.

3. Provincial People's Committees issue local environmental technical standards.

Article 119. Environmental Standards

1. Environmental standards include ambient environmental quality standards, waste standards, and other environmental standards.

2. All or part of the environmental standards become mandatory when cited in legal normative documents and technical environmental standards.

3. Basic standards apply within the management scope of the organization that publishes them.

Article 120. Construction, Review, and Publication of Environmental Standards

1. The authority, procedures, and processes for constructing and reviewing environmental standards must be carried out in accordance with the laws on standards and technical regulations.

2. The Minister of Natural Resources and Environment organizes the drafting and requests the review of national environmental standards.

3. The Minister of Science and Technology organizes the review and publication of national environmental standards.

4. Organizations building and publishing basic environmental standards shall comply with the laws on standards and technical regulations.

Chapter XII

ENVIRONMENTAL MONITORING

Article 121. Environmental Monitoring Activities

1. Environmental protection agencies organize the implementation of ambient environmental monitoring.

2. The Ministry of Natural Resources and Environment promulgates a list and guidelines for implementing emission monitoring for production, business, and service establishments that pose risks to the environment.

3. Production, business, and service establishments not included in the list must ensure compliance with technical environmental standards and relevant laws.

Article 122. Components of the Environment and Emissions to be Monitored

1. Water environment includes surface water, groundwater, and seawater.

2. Air environment includes indoor air and outdoor air.

3. Noise, vibration, radiation, light.

4. Soil and sediment.

5. Radiation.

6. Wastewater, exhaust gas, solid waste.

7. Hazardous chemicals emitted and accumulated in the environment.

8. Biodiversity.

Article 123. Environmental Monitoring Programs

1. The national environmental monitoring program includes river basin and lake monitoring programs, key economic zone monitoring programs, cross-border environmental monitoring, and monitoring in special areas.

2. Provincial environmental monitoring programs include monitoring programs for environmental components within their jurisdiction.

3. Industrial park, export processing zone, high-tech park, industrial cluster, craft village, and production, business, and service establishment environmental monitoring programs include emission monitoring and monitoring of environmental components as prescribed by law.

Article 124. Environmental Monitoring System

1. The environmental monitoring system consists of:

a) National environmental monitoring;

b) Provincial environmental monitoring;

c) Environmental monitoring at production, business, and service establishments.

2. Organizations participating in the environmental monitoring system include:

a) Organizations collecting and measuring environmental samples on-site;

b) Laboratories analyzing environmental samples;

c) Organizations calibrating and verifying environmental monitoring equipment;

d) Organizations managing, processing data, and preparing monitoring reports.

3. The environmental monitoring system must be planned in a coordinated manner, interconnected, forming a unified and comprehensive network.

Article 125. Environmental Monitoring Responsibility

1. The Ministry of Natural Resources and Environment shall direct, guide, and inspect environmental monitoring activities throughout the country; organize the implementation of the national environmental monitoring program.

2. Provincial People's Committees shall organize environmental monitoring programs within their respective administrative areas, report to the same-level People's Councils and the Ministry of Natural Resources and Environment on the results of environmental monitoring.

3. Industrial parks, export processing zones, high-tech zones, industrial clusters, craft villages, production, business, and service establishments must implement emission monitoring programs and environmental components; report to state management agencies responsible for environmental protection in accordance with the law.

Article 126. Conditions for Environmental Monitoring Activities

1. Organizations that have sufficient technical staff specializing in environmental monitoring and necessary technical equipment may participate in environmental monitoring activities.

2. The Government shall provide detailed regulations for this Article.

Article 127. Management of Environmental Monitoring Data

1. The Ministry of Natural Resources and Environment shall manage environmental monitoring data; establish a national database on environmental monitoring; publish national environmental monitoring results; provide guidance and technical support for managing environmental monitoring data.

2. Provincial People's Committees shall manage environmental monitoring data and publish local environmental monitoring results.

3. Industrial parks, export processing zones, high-tech zones, industrial clusters, production, business, and service establishments shall manage environmental monitoring data and publish environmental monitoring results in accordance with the law.

Chapter XIII

ENVIRONMENTAL INFORMATION, ENVIRONMENTAL ORDERS, ENVIRONMENTAL STATISTICS, AND ENVIRONMENTAL REPORTS

Section 1

ENVIRONMENTAL INFORMATION

Article 128. Environmental Information

1. Environmental information includes data and figures on environmental components, impacts on the environment, environmental protection policies and laws, and environmental protection activities.

2. An environmental database is a collection of environmental information that is built, updated, and maintained to meet requirements for accessing and using information for environmental protection work and serving public interests.

Article 129. Collection and Management of Environmental Information

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, sectors, and localities to collect and manage environmental information, build the national environmental database.

2. Ministries, sectors, and People's Committees at all levels within their respective duties and authorities shall collect and manage environmental information, build sectoral, local environmental databases, and integrate them into the national environmental database.

3. Economic zones, industrial parks, export processing zones, high-tech zones, industrial clusters, craft villages, production, business, and service establishments shall prepare environmental files, manage information on environmental impacts from production, business, and service activities.

Article 130. Publication and Provision of Environmental Information

1. Organizations and individuals managing industrial parks, export processing zones, high-tech zones, industrial clusters, production, business, and service establishments required to prepare environmental impact assessment reports shall be responsible for reporting environmental information within their management scope to the environmental management agency under the provincial People's Committee.

2. Production, business, and service establishments not subject to the provisions of Clause 1 of this Article shall be responsible for providing relevant environmental information related to their activities to the district and commune People's Committees.

3. Ministries and sectors annually shall be responsible for providing relevant environmental information related to their managed industries and fields to the Ministry of Natural Resources and Environment.

4. The Minister of Natural Resources and Environment shall provide detailed regulations on this matter.

Article 131. Publicizing Environmental Information

1. Environmental information that must be publicized includes:

a) Strategic environmental assessment reports, environmental impact assessments, and environmental protection plans;

b) Information on sources of pollution, waste, and waste treatment;

c) Areas with severe and extremely severe environmental pollution and degradation, and areas at risk of environmental incidents;

d) Reports on the environment;

đ) Results of inspections and checks related to environmental protection.

Information specified in this clause that falls under the list of state secrets shall not be publicized.

2. The form of publicizing information must ensure convenience for relevant parties to access the information.

3. The agency responsible for publicizing environmental information shall bear legal responsibility for the accuracy of the information.

Section 2

ENVIRONMENTAL DIRECTIVES AND ENVIRONMENTAL STATISTICS

Article 132. Environmental Directives

1. Environmental directives are basic parameters reflecting characteristic factors of the environment serving the purpose of evaluating and monitoring changes in environmental quality, and compiling current environmental status reports.

2. The Ministry of Natural Resources and Environment shall develop, promulgate, and guide the implementation of national environmental directives.

3. Provincial People's Committees shall develop, promulgate, and implement local environmental directives based on national environmental directives.

Article 133. Environmental Statistics

1. Environmental statistics involve activities of investigation, reporting, compilation, analysis, and publication of basic indicators reflecting the essence and development of environmental issues over space and time.

2. The Ministry of Natural Resources and Environment shall issue a system of environmental statistical indicators, organize the implementation of national environmental statistics work; guide environmental statistics work; and build a national database for environmental statistics.

3. Ministries and sectors shall implement environmental statistics work within their management scope; build databases on environmental statistics for their respective fields; and annually report to the Ministry of Natural Resources and Environment on environmental statistical indicators.

4. Provincial People's Committees shall organize the implementation of environmental statistics work in their localities; build databases on environmental statistics for their localities; and annually report to the Ministry of Natural Resources and Environment on environmental statistical indicators.

Section 3

ENVIRONMENTAL REPORTS

Article 134. Annual Reporting Responsibility for Environmental Protection Work

1. Commune People's Councils shall report to the same-level People's Council and the higher-level People's Committee about environmental protection work in their administrative areas.

2. District People's Committees shall report to the same-level People's Council and the provincial People's Committee about environmental protection work in their administrative areas.

3. Provincial People's Committees shall report to the same-level People's Council and the Ministry of Natural Resources and Environment about environmental protection work in their administrative areas.

4. Management Boards of economic zones, industrial parks, export processing zones, high-tech zones, and industrial clusters shall report to the provincial People's Committee about environmental protection work.

5. Ministries and sectors shall report to the Ministry of Natural Resources and Environment about environmental protection work in their respective management fields.

6. The Minister of Natural Resources and Environment shall report to the Government and National Assembly about environmental protection work nationwide.

7. The Minister of Natural Resources and Environment shall guide the preparation of environmental protection work reports.

Article 135. Contents of Environmental Protection Work Reports

1. Current status and trends of environmental components.

2. Scale, nature, and impact of pollution sources.

3. Implementation of environmental protection laws; inspection and supervision results.

4. List of serious environmental pollution sources and handling situations.

5. Resources for environmental protection.

6. Evaluation of environmental management and environmental protection activities.

7. Directions and solutions for environmental protection.

Article 136. Contents of Environmental Protection in Annual Economic-Social Reports

The annual economic-social reports of the Government and People's Committees at all levels must assess the implementation of environmental protection indicators and environmental protection work.

Article 137. Responsibility for Preparing Environmental Status Reports

1. The Ministry of Natural Resources and Environment prepares national environmental status reports every five years; annually prepares specialized national environmental reports.

2. Provincial People's Committees prepare local environmental status reports every five years; based on urgent environmental issues in their locality, decide to prepare specialized environmental reports.

3. The Minister of Natural Resources and Environment guides the preparation of environmental status reports.

Article 138. Contents of Environmental Status Reports

1. Overview of natural, economic, and social conditions.

2. Environmental impacts.

3. Current status and trends of environmental components.

4. Urgent environmental issues and causes.

5. Environmental impacts on the economy and society.

6. Implementation of environmental policies, laws, and activities.

7. Forecasting environmental challenges.

8. Directions and solutions for environmental protection.

Chapter XIV

RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES

ON ENVIRONMENTAL PROTECTION

Article 139. Contents of State Management of Environmental Protection

1. Developing, promulgating within authority, and organizing the implementation of legal instruments on environmental protection, issuing environmental technical standards and regulations.

2. Developing and directing the implementation of strategies, policies, programs, projects, plans, and environmental planning.

3. Organizing, building, and managing monitoring systems; periodically assessing environmental status and forecasting environmental trends.

4. Developing, reviewing, and approving environmental protection plans; reviewing strategic environmental assessment reports; reviewing and approving environmental impact assessment reports and inspecting, confirming environmental protection works; organizing confirmation of environmental protection plans.

5. Directing, guiding, and implementing biodiversity conservation activities; waste management; pollution control; improving and restoring the environment.

6. Issuing, renewing, and revoking environmental permits and certificates.

7. Inspecting compliance with environmental protection laws; inspecting state management responsibility for environmental protection; resolving complaints and denunciations regarding environmental protection; handling violations of environmental protection laws.

8. Training scientific and managerial personnel in environmental fields; educating, publicizing, and disseminating knowledge and laws on environmental protection.

9. Organizing research and application of scientific and technological progress in environmental protection.

10. Directing, guiding, inspecting, and evaluating the implementation of state budget funds for environmental protection activities.

11. International cooperation in the field of environmental protection.

Article 140. State Management Responsibility for Environmental Protection of the Government

The Government shall uniformly manage state affairs concerning environmental protection throughout the country.

Article 141. State Management Responsibility for Environmental Protection of the Minister of Natural Resources and Environment

The Minister of Natural Resources and Environment shall be responsible to the Government for uniformly managing state affairs concerning environmental protection and shall have the following responsibilities:

1. To take the lead in drafting and submitting to the Government and the Prime Minister legal normative documents, policies, strategies, plans, programs, and projects on national environmental protection.

2. To take the lead in drafting and promulgating legal normative documents within their authority, national technical standards on the environment; to issue technical guidance documents within their authority.

3. To take the lead in resolving or proposing to the Government and the Prime Minister to resolve cross-sectoral and cross-provincial environmental issues.

4. To direct, guide, and establish a national environmental monitoring system, environmental information, and environmental reports; to direct and organize the assessment of national and local environmental conditions.

5. To direct, guide, and organize the implementation within their authority of activities related to the establishment, review, and approval of environmental protection plans; the review of strategic environmental impact assessments; the review and approval of environmental impact assessments; confirmation of environmental protection plans; inspection and confirmation of completion of environmental protection works.

6. To direct, guide, and organize the implementation within their authority of the issuance, extension, and revocation of permits and certificates for environmental protection.

7. To direct, guide, and organize the implementation of activities related to biodiversity conservation, biosafety; waste management; pollution control; improvement and restoration of the environment.

8. To develop and implement policies, programs, and experimental models for sustainable and environmentally friendly production and consumption; to guide and certify environmentally friendly products and facilities; to direct and guide activities to improve environmental health.

9. To inspect, investigate, and handle violations of environmental protection laws; to resolve complaints, denunciations, and recommendations related to environmental protection according to the provisions of the law.

10. To direct and guide the integration of environmental protection content into national land use plans, national water resources strategies, and provincial river basin comprehensive planning; national overall strategies for basic investigation, exploration, exploitation, and processing of mineral resources.

11. To develop and implement a system of indicators for assessing and monitoring the enforcement of environmental protection laws nationwide; to communicate, disseminate, and educate about environmental protection laws.

12. To submit to the Government participation in international organizations, signing or joining international treaties on the environment; to take the lead in international cooperation activities on environmental protection.

Article 142. State Management Responsibility for Environmental Protection of the Minister and Head of Equivalent Ministries

1. The Minister and Head of Equivalent Ministries shall take the lead and coordinate with the Minister of Natural Resources and Environment in drafting and promulgating circulars and joint circulars on environmental protection within their respective fields of management.

2. The Minister and Head of Equivalent Ministries shall perform tasks as prescribed by this Law and coordinate with the Minister of Natural Resources and Environment to implement environmental protection laws within their respective areas of management; annually report to the Government on state management activities concerning environmental protection within their respective fields of management.

3. The responsibilities of the Minister and Head of Equivalent Ministries are as follows:

a) The Minister of Planning and Investment shall take the lead and coordinate with the Minister of Natural Resources and Environment, other Ministers, Heads of Equivalent Ministries, and Chairpersons of Provincial People's Committees to ensure environmental protection requirements in national strategies, overall plans, and development plans for the economy and society at the national, regional, and project levels under the decision-making authority of the National Assembly, the Government, and the Prime Minister, investment attraction activities, and the implementation of environmental protection laws within their respective fields of management.

b) The Minister of Agriculture and Rural Development shall take the lead and coordinate with the Minister of Natural Resources and Environment, other Ministers, Heads of Equivalent Ministries, and Chairpersons of Provincial People's Committees to implement environmental protection laws in production, importation, use of chemicals, plant protection products, veterinary drugs, fertilizers, agricultural waste, and other activities within their respective fields of management.

c) The Minister of Industry and Trade shall take the lead and coordinate with the Minister of Natural Resources and Environment, other Ministers, Heads of Equivalent Ministries, and Chairpersons of Provincial People's Committees to address industrial establishments causing serious environmental pollution within their management authority, develop the environmental industry sector, and implement environmental protection laws within their respective fields of management.

d) The Minister of Construction shall take the lead and coordinate with the Minister of Natural Resources and Environment, other Ministers, Heads of Equivalent Ministries, and Chairpersons of Provincial People's Committees to implement environmental protection laws in infrastructure construction for water supply, drainage, solid waste treatment, and wastewater treatment in urban areas, centralized production service zones, construction material production facilities, craft villages, and rural concentrated residential areas, and other activities within their respective fields of management.

đ) The Minister of Transport shall take the lead and coordinate with the Minister of Natural Resources and Environment, other Ministers, Heads of Equivalent Ministries, and Chairpersons of Provincial People's Committees to implement environmental protection laws in infrastructure construction for transportation, management of transport vehicles, and other activities within their respective fields of management.

e) The Minister of Health shall take the lead and coordinate with the Minister of Natural Resources and Environment, other Ministers, Heads of equivalent agencies, and the Chairpersons of Provincial People's Committees to implement environmental laws in healthcare activities, food safety, funeral services, cremation activities; organize the statistics of sources of pollution, assess the level of pollution, and handle waste from hospitals, medical facilities, and other activities under their management.

g) The Minister of Culture, Sports and Tourism shall take the lead and coordinate with the Minister of Natural Resources and Environment, other Ministers, Heads of equivalent agencies, and the Chairpersons of Provincial People's Committees to implement environmental laws in cultural activities, festivals, sports, tourism, and other activities under their management.

h) The Minister of National Defense shall take the lead and coordinate with the Minister of Natural Resources and Environment, other Ministers, Heads of equivalent agencies, and the Chairpersons of Provincial People's Committees to implement environmental laws in the defense sector as prescribed by law; mobilize forces to participate in emergency response and remediation of environmental incidents as prescribed by law; direct, guide, inspect, and audit environmental protection work within the armed forces under their jurisdiction.

i) The Minister of Public Security shall be responsible for organizing and directing activities to prevent and combat environmental crimes and ensure public security in the environmental sector; mobilize forces to participate in emergency responses to environmental incidents as prescribed by law; direct, guide, inspect, and audit environmental protection work within the armed forces under their jurisdiction.

k) Other Ministers and Heads of equivalent agencies shall perform tasks as prescribed by this Law and coordinate with the Minister of Natural Resources and Environment to implement environmental laws within their respective areas of management.

Article 143. Responsibilities of People's Committees at all levels for State Management of Environmental Protection

1. The responsibilities of the Provincial People's Committee include:

a) Developing and promulgating normative legal documents, policies, programs, plans, and master plans on environmental protection within their authority;

b) Implementing laws, strategies, programs, plans, and tasks related to environmental protection;

c) Building and managing the local environmental monitoring system in accordance with the national overall environmental monitoring plan;

d) Organizing assessments and preparing environmental reports; disseminating, promoting, and educating about environmental policies and laws;

đ) Reviewing, approving environmental protection plans, environmental impact assessment reports, confirming the completion of environmental protection works, guiding and organizing inspections of environmental protection plans within their authority;

e) Issuing, renewing, and revoking environmental protection permits and certificates within their authority;

g) Inspecting, auditing, and handling violations of environmental laws; resolving complaints, denunciations, and recommendations regarding the environment according to the laws on complaints and denunciations and relevant laws; coordinating with related provincial people's committees to resolve inter-provincial environmental issues;

h) Being accountable to the Government for serious environmental pollution occurring within their jurisdiction.

2. The responsibilities of the District People's Committee include:

a) Promulgating regulations, programs, and plans on environmental protection within their authority;

b) Implementing strategies, programs, plans, and tasks related to environmental protection;

c) Confirming and inspecting the implementation of environmental protection plans within their authority;

d) Annually organizing assessments and preparing reports on environmental protection work;

đ) Disseminating, promoting, and educating about environmental policies and laws;

e) Inspecting, auditing, and handling violations of environmental laws; resolving complaints, denunciations, and recommendations regarding environmental protection according to the laws on complaints and denunciations and relevant laws;

g) Coordinating with related district people's committees to resolve inter-district environmental issues;

h) Directing the work of state management of environmental protection by the Commune People's Committees;

i) Being accountable to the Provincial People's Committee if serious environmental pollution occurs within their jurisdiction.

3. The responsibilities of the Commune People's Committee include:

a) Developing plans and implementing tasks for environmental protection and maintaining environmental hygiene within their jurisdiction; mobilizing the people to incorporate environmental protection content into village agreements; guiding the inclusion of environmental protection criteria in the evaluation of villages, hamlets, wards, communes, and families recognized as cultural;

b) Confirming and inspecting the implementation of environmental protection plans within delegated authority; inspecting compliance with environmental laws by households and individuals;

c) Handling violations of environmental laws within their authority or reporting them to higher-level environmental management authorities.

d) Hòa giải tranh chấp về môi trường phát sinh trên địa bàn theo quy định của pháp luật về hòa giải;

đ) Quản lý hoạt động của thôn, làng, ấp, bản, buôn, phum, sóc, tổ dân phố và tổ chức tự quản về giữ gìn vệ sinh môi trường, bảo vệ môi trường trên địa bàn;

e) Hằng năm, tổ chức đánh giá và lập báo cáo công tác bảo vệ môi trường;

g) Chủ trì, phối hợp với cơ sở sản xuất, kinh doanh, dịch vụ trên địa bàn tổ chức công khai thông tin về bảo vệ môi trường của cơ sở sản xuất, kinh doanh, dịch vụ với cộng đồng dân cư;

h) Chịu trách nhiệm trước Ủy ban nhân dân cấp huyện nếu để xảy ra ô nhiễm môi trường nghiêm trọng trên địa bàn.

Chương XV

TRÁCH NHIỆM CỦA MẬT TRẬN TỔ QUỐC VIỆT NAM, TỔ CHỨC CHÍNH TRỊ - XÃ HỘI, TỔ CHỨC XÃ HỘI - NGHỀ NGHIỆP VÀ CỘNG ĐỒNG DÂN CƯ TRONG BẢO VỆ MÔI TRƯỜNG

Điều 144. Trách nhiệm và quyền của Mặt trận Tổ quốc Việt Nam

1. Mặt trận Tổ quốc Việt Nam trong phạm vi nhiệm vụ, quyền hạn của mình có trách nhiệm tuyên truyền, vận động các tổ chức thành viên và nhân dân tham gia hoạt động bảo vệ môi trường.

2. Mặt trận Tổ quốc Việt Nam thực hiện tư vấn, phản biện, giám sát việc thực hiện chính sách, pháp luật về bảo vệ môi trường theo quy định của pháp luật. Cơ quan quản lý nhà nước các cấp có trách nhiệm tạo điều kiện để Mặt trận Tổ quốc Việt Nam tham gia bảo vệ môi trường.

Điều 145. Trách nhiệm và quyền của tổ chức chính trị - xã hội, tổ chức xã hội - nghề nghiệp

1. Tổ chức chính trị - xã hội, tổ chức xã hội - nghề nghiệp có trách nhiệm sau:

a) Tuân thủ pháp luật về bảo vệ môi trường;

b) Tham gia các hoạt động bảo vệ môi trường.

2. Tổ chức chính trị - xã hội, tổ chức xã hội - nghề nghiệp có quyền sau:

a) Được cung cấp và yêu cầu cung cấp thông tin về bảo vệ môi trường theo quy định của pháp luật;

b) Tham vấn đối với dự án có liên quan đến chức năng, nhiệm vụ, quyền hạn của mình;

c) Tư vấn, phản biện về bảo vệ môi trường với cơ quan quản lý nhà nước và chủ cơ sở sản xuất, kinh doanh, dịch vụ có liên quan theo quy định của pháp luật;

d) Tham gia hoạt động kiểm tra về bảo vệ môi trường tại cơ sở sản xuất, kinh doanh, dịch vụ có liên quan đến chức năng, nhiệm vụ, quyền hạn của mình;

đ) Kiến nghị cơ quan nhà nước có thẩm quyền xử lý hành vi vi phạm pháp luật về bảo vệ môi trường.

3. Cơ quan quản lý môi trường các cấp có trách nhiệm tạo điều kiện cho tổ chức chính trị - xã hội, tổ chức xã hội - nghề nghiệp thực hiện các quyền quy định tại khoản 2 Điều này.

Điều 146. Quyền và nghĩa vụ của cộng đồng dân cư

1. Đại diện cộng đồng dân cư trên địa bàn chịu tác động môi trường của cơ sở sản xuất, kinh doanh, dịch vụ có quyền yêu cầu chủ cơ sở sản xuất, kinh doanh, dịch vụ cung cấp thông tin về bảo vệ môi trường thông qua đối thoại trực tiếp hoặc bằng văn bản; tổ chức tìm hiểu thực tế về công tác bảo vệ môi trường của cơ sở sản xuất, kinh doanh, dịch vụ; thu thập, cung cấp thông tin cho cơ quan có thẩm quyền và chịu trách nhiệm về thông tin cung cấp.

2. Đại diện cộng đồng dân cư trên địa bàn chịu tác động môi trường của cơ sở sản xuất, kinh doanh, dịch vụ có quyền yêu cầu cơ quan quản lý nhà nước có liên quan cung cấp kết quả thanh tra, kiểm tra, xử lý đối với cơ sở.

3. Đại diện cộng đồng dân cư có quyền tham gia đánh giá kết quả bảo vệ môi trường của cơ sở sản xuất, kinh doanh, dịch vụ; thực hiện các biện pháp để bảo vệ quyền và lợi ích của cộng đồng dân cư theo quy định của pháp luật.

4. Chủ cơ sở sản xuất, kinh doanh, dịch vụ phải thực hiện các yêu cầu của đại diện cộng đồng dân cư theo quy định tại Điều này.

Chương XVI

NGUỒN LỰC VỀ BẢO VỆ MÔI TRƯỜNG

Điều 147. Chi ngân sách nhà nước cho bảo vệ môi trường

1. Chi hoạt động sự nghiệp bảo vệ môi trường gồm:

a) Xây dựng chiến lược, quy hoạch, kế hoạch, quy trình kỹ thuật, hướng dẫn kỹ thuật, định mức kinh tế kỹ thuật, quy chuẩn kỹ thuật môi trường, chương trình, đề án về bảo vệ môi trường;

b) Thẩm định quy hoạch bảo vệ môi trường, báo cáo đánh giá môi trường chiến lược;

c) Hoạt động quan trắc môi trường; xây dựng hệ thống thông tin môi trường và báo cáo môi trường;

d) Hỗ trợ công tác thanh tra, kiểm tra; kiểm soát ô nhiễm môi trường, xử lý ô nhiễm môi trường, phòng ngừa, ứng phó và khắc phục sự cố môi trường; quản lý chất thải và bảo tồn đa dạng sinh học; đào tạo, truyền thông về bảo vệ môi trường; phổ biến và đánh giá tình hình thực hiện pháp luật về bảo vệ môi trường; hợp tác quốc tế về bảo vệ môi trường;

đ) Các hoạt động quản lý bảo vệ môi trường khác.

2. Chi đầu tư phát triển bảo vệ môi trường gồm chi cho các dự án xây dựng, cải tạo công trình xử lý chất thải, xây dựng và trang bị trạm quan trắc và phân tích môi trường do Nhà nước quản lý; đầu tư phương tiện, trang thiết bị phòng ngừa, ứng phó, khắc phục ô nhiễm, suy thoái, sự cố môi trường; ứng phó với biến đổi khí hậu; bảo tồn đa dạng sinh học; cải tạo nguồn nước bị ô nhiễm, trồng và chăm sóc cây xanh tại nơi công cộng, khu vực công ích.

3. Việc xây dựng dự toán và quản lý sử dụng ngân sách nhà nước cho bảo vệ môi trường được thực hiện theo quy định của pháp luật về ngân sách nhà nước.

Điều 148. Phí bảo vệ môi trường

1. Tổ chức, cá nhân xả thải ra môi trường hoặc làm phát sinh tác động xấu đối với môi trường phải nộp phí bảo vệ môi trường.

2. Mức phí bảo vệ môi trường được quy định trên cơ sở sau:

a) Khối lượng chất thải ra môi trường, quy mô ảnh hưởng tác động xấu đối với môi trường;

b) Mức độ độc hại của chất thải, mức độ gây hại đối với môi trường;

c) Sức chịu tải của môi trường tiếp nhận chất thải.

3. Mức phí bảo vệ môi trường được điều chỉnh phù hợp với yêu cầu bảo vệ môi trường và điều kiện kinh tế - xã hội của đất nước trong từng giai đoạn.

4. Nguồn thu từ phí bảo vệ môi trường được sử dụng cho hoạt động bảo vệ môi trường.

Điều 149. Quỹ bảo vệ môi trường

1. Quỹ bảo vệ môi trường là tổ chức tài chính được thành lập ở trung ương, ngành, lĩnh vực, tỉnh, thành phố trực thuộc trung ương để hỗ trợ hoạt động bảo vệ môi trường.

Nhà nước khuyến khích doanh nghiệp, tổ chức, cá nhân thành lập quỹ bảo vệ môi trường.

2. Vốn hoạt động của quỹ bảo vệ môi trường quốc gia và cấp tỉnh được hình thành từ các nguồn sau:

a) Ngân sách nhà nước hỗ trợ;

b) Phí bảo vệ môi trường;

c) Các khoản bồi thường cho Nhà nước về thiệt hại môi trường;

d) Các khoản hỗ trợ, đóng góp, ủy thác đầu tư của tổ chức, cá nhân trong và ngoài nước.

3. Thẩm quyền thành lập quỹ bảo vệ môi trường được quy định như sau:

a) Thủ tướng Chính phủ quyết định việc thành lập, tổ chức và hoạt động quỹ bảo vệ môi trường quốc gia, quỹ bảo vệ môi trường của Bộ, cơ quan ngang bộ, tập đoàn kinh tế, tổng công ty nhà nước;

b) Ủy ban nhân dân cấp tỉnh quyết định việc thành lập, tổ chức và hoạt động quỹ bảo vệ môi trường của mình;

c) Tổ chức, cá nhân thành lập quỹ bảo vệ môi trường của mình và hoạt động theo điều lệ của quỹ.

Điều 150. Phát triển dịch vụ môi trường

1. Nhà nước khuyến khích tổ chức, cá nhân thành lập doanh nghiệp dịch vụ môi trường thông qua hình thức đấu thầu, cơ chế hợp tác công tư trong các lĩnh vực sau:

a) Thu gom, vận chuyển, tái chế, xử lý chất thải;

b) Quan trắc, phân tích môi trường, đánh giá tác động môi trường;

c) Phát triển, chuyển giao công nghệ sản xuất thân thiện với môi trường, công nghệ môi trường;

d) Tư vấn, đào tạo, cung cấp thông tin về môi trường;

đ) Giám định về môi trường đối với hàng hóa, máy móc, thiết bị, công nghệ;

e) Giám định thiệt hại về môi trường; giám định sức khỏe môi trường;

g) Các dịch vụ khác về bảo vệ môi trường.

2. Bộ trưởng Bộ Tài nguyên và Môi trường chủ trì, phối hợp với Bộ trưởng, Thủ trưởng cơ quan ngang bộ hướng dẫn thực hiện quy định tại khoản 1 Điều này.

Điều 151. Ưu đãi, hỗ trợ hoạt động bảo vệ môi trường

1. Nhà nước ưu đãi, hỗ trợ các hoạt động bảo vệ môi trường sau:

a) Xây dựng hệ thống xử lý nước thải sinh hoạt;

b) Xây dựng cơ sở tái chế, xử lý chất thải rắn thông thường, chất thải nguy hại, khu chôn lấp chất thải;

c) Xây dựng trạm quan trắc môi trường;

d) Xây dựng cơ sở công nghiệp môi trường, công trình bảo vệ môi trường phục vụ lợi ích công cộng;

đ) Sản xuất, kinh doanh sản phẩm thân thiện với môi trường;

e) Chuyển đổi hoạt động của khu công nghiệp, cụm công nghiệp, cơ sở gây ô nhiễm môi trường nghiêm trọng.

2. Chính phủ quy định chi tiết Điều này.

Điều 152. Phát triển và ứng dụng khoa học, công nghệ về bảo vệ môi trường

1. Tổ chức, cá nhân đầu tư nghiên cứu, chuyển giao, phát triển và ứng dụng khoa học và công nghệ về bảo vệ môi trường được hưởng ưu đãi và hỗ trợ.

2. Hoạt động nghiên cứu, chuyển giao, phát triển và ứng dụng công nghệ về bảo vệ môi trường được ưu tiên gồm:

a) Nghiên cứu, chuyển giao, phát triển và ứng dụng công nghệ tái chế, tái sử dụng chất thải;

b) Nghiên cứu, chuyển giao, phát triển và ứng dụng công nghệ thân thiện với môi trường và công nghệ khai thác, sử dụng hiệu quả tài nguyên thiên nhiên, tiết kiệm năng lượng, bảo tồn thiên nhiên và đa dạng sinh học;

c) Nghiên cứu, chuyển giao, phát triển và ứng dụng công nghệ xử lý chất thải, phòng ngừa, giảm thiểu ô nhiễm; cải tạo, phục hồi và cải thiện chất lượng môi trường;

d) Nghiên cứu, chuyển giao, phát triển và ứng dụng công nghệ kiểm soát ô nhiễm, quan trắc, đánh giá chất lượng môi trường và công nghệ dự báo, cảnh báo sớm các biến đổi môi trường;

đ) Nghiên cứu xây dựng các giải pháp ứng phó với biến đổi khí hậu;

e) Nghiên cứu và ứng dụng các giải pháp cải thiện sức khỏe môi trường, giảm thiểu tác hại của môi trường đối với con người.

Điều 153. Phát triển công nghiệp môi trường

Nhà nước đầu tư và có chính sách hỗ trợ tổ chức, cá nhân phát triển công nghiệp môi trường; xây dựng đầu tư, nâng cấp hạ tầng kỹ thuật xử lý và tái chế chất thải; hình thành và phát triển các khu xử lý, tái chế chất thải tập trung; sản xuất, cung cấp thiết bị, sản phẩm phục vụ yêu cầu bảo vệ môi trường.

Điều 154. Truyền thông, phổ biến pháp luật về bảo vệ môi trường

1. Phổ biến, giáo dục pháp luật về bảo vệ môi trường phải được thực hiện thường xuyên và rộng rãi.

2. Cơ quan, tổ chức, cá nhân có thành tích xuất sắc trong bảo vệ môi trường được khen thưởng theo quy định của pháp luật về thi đua khen thưởng.

3. Bộ Tài nguyên và Môi trường chủ trì, phối hợp với cơ quan thông tin, truyền thông, báo chí có trách nhiệm truyền thông về pháp luật bảo vệ môi trường.

4. Bộ, cơ quan ngang bộ chủ trì, phối hợp với Bộ Tài nguyên và Môi trường, các cơ quan thông tin, truyền thông, báo chí có trách nhiệm truyền thông về bảo vệ môi trường thuộc lĩnh vực quản lý.

Điều 155. Giáo dục về môi trường, đào tạo nguồn nhân lực bảo vệ môi trường

1. Chương trình chính khóa của các cấp học phổ thông phải có nội dung giáo dục về môi trường.

2. Nhà nước ưu tiên đào tạo nguồn nhân lực bảo vệ môi trường; khuyến khích mọi tổ chức, cá nhân tham gia giáo dục về môi trường và đào tạo nguồn nhân lực bảo vệ môi trường.

3. Bộ trưởng Bộ Giáo dục và Đào tạo chủ trì, phối hợp với Bộ trưởng Bộ Tài nguyên và Môi trường quy định chi tiết chương trình giáo dục về môi trường và đào tạo nguồn nhân lực bảo vệ môi trường.

Chương XVII

HỢP TÁC QUỐC TẾ VỀ BẢO VỆ MÔI TRƯỜNG

Điều 156. Ký kết, gia nhập điều ước quốc tế về môi trường

Điều ước quốc tế có lợi cho việc bảo vệ môi trường toàn cầu, môi trường khu vực, môi trường trong nước và phù hợp với lợi ích, khả năng của nước Cộng hòa xã hội chủ nghĩa Việt Nam được ưu tiên xem xét để ký kết, gia nhập.

Điều 157. Bảo vệ môi trường trong quá trình hội nhập kinh tế quốc tế

1. Nhà nước khuyến khích cơ quan, tổ chức và cá nhân chủ động đáp ứng yêu cầu về môi trường để nâng cao năng lực cạnh tranh của hàng hóa, dịch vụ trên thị trường khu vực và quốc tế.

2. Cơ quan, tổ chức, cá nhân tham gia hội nhập kinh tế quốc tế có trách nhiệm phòng ngừa và hạn chế tác động xấu đối với môi trường trong nước.

Điều 158. Mở rộng hợp tác quốc tế về bảo vệ môi trường

1. Nhà nước khuyến khích tổ chức, cá nhân hợp tác với tổ chức, cá nhân nước ngoài, người Việt Nam định cư ở nước ngoài nhằm nâng cao năng lực và hiệu quả công tác bảo vệ môi trường trong nước; nâng cao vị trí, vai trò của nước Cộng hòa xã hội chủ nghĩa Việt Nam về bảo vệ môi trường trong khu vực và quốc tế.

2. Nhà nước tạo điều kiện thuận lợi cho tổ chức, cá nhân nước ngoài, người Việt Nam định cư ở nước ngoài đầu tư, hỗ trợ hoạt động đào tạo nguồn nhân lực, nghiên cứu khoa học, chuyển giao công nghệ, bảo tồn thiên nhiên và các hoạt động khác trong lĩnh vực bảo vệ môi trường; phát triển và sử dụng hợp lý, có hiệu quả các nguồn lực hợp tác quốc tế về bảo vệ môi trường.

3. Nhà nước đẩy mạnh hợp tác với các nước láng giềng và khu vực để giải quyết các vấn đề quản lý, khai thác tài nguyên thiên nhiên và bảo vệ môi trường có liên quan.

Chương XVIII

THANH TRA, KIỂM TRA, XỬ LÝ VI PHẠM, GIẢI QUYẾT TRANH CHẤP, KHIẾU NẠI, TỐ CÁO VỀ MÔI TRƯỜNG

Điều 159. Trách nhiệm tổ chức và chỉ đạo thực hiện kiểm tra, thanh tra về bảo vệ môi trường

1. Bộ trưởng Bộ Tài nguyên và Môi trường tổ chức, chỉ đạo kiểm tra, thanh tra về bảo vệ môi trường theo quy định của pháp luật trên phạm vi cả nước.

2. Bộ trưởng Bộ Quốc phòng, Bộ trưởng Bộ Công an tổ chức, chỉ đạo kiểm tra, thanh tra về bảo vệ môi trường đối với cơ sở, dự án, công trình thuộc phạm vi bí mật nhà nước về quốc phòng, an ninh.

3. Chủ tịch Ủy ban nhân dân cấp tỉnh tổ chức, chỉ đạo kiểm tra, thanh tra về bảo vệ môi trường theo quy định của pháp luật trên địa bàn.

Điều 160. Xử lý vi phạm

1. Tổ chức, cá nhân vi phạm pháp luật về bảo vệ môi trường, gây ô nhiễm, suy thoái, sự cố môi trường, gây thiệt hại cho tổ chức và cá nhân khác, có trách nhiệm khắc phục ô nhiễm, phục hồi môi trường, bồi thường thiệt hại và xử lý theo quy định của Luật này và pháp luật có liên quan.

2. Người đứng đầu cơ quan, tổ chức, cán bộ, công chức lợi dụng chức vụ, quyền hạn gây phiền hà, nhũng nhiễu cho tổ chức, cá nhân, bao che cho người vi phạm pháp luật về bảo vệ môi trường hoặc thiếu trách nhiệm để xảy ra ô nhiễm, sự cố môi trường thì tùy tính chất, mức độ vi phạm mà bị xử lý kỷ luật hoặc bị truy cứu trách nhiệm hình sự; trường hợp gây thiệt hại phải bồi thường theo quy định của pháp luật.

Điều 161. Tranh chấp về môi trường

1. Nội dung tranh chấp về môi trường gồm:

a) Tranh chấp về quyền, trách nhiệm bảo vệ môi trường trong khai thác, sử dụng thành phần môi trường;

b) Tranh chấp về xác định nguyên nhân gây ô nhiễm, suy thoái, sự cố môi trường;

c) Tranh chấp về trách nhiệm xử lý, khắc phục hậu quả, bồi thường thiệt hại do ô nhiễm, suy thoái, sự cố môi trường.

2. Các bên tranh chấp về môi trường gồm:

a) Tổ chức, cá nhân sử dụng thành phần môi trường có tranh chấp với nhau;

b) Tổ chức, cá nhân khai thác, sử dụng các thành phần môi trường và tổ chức, cá nhân có trách nhiệm cải tạo, phục hồi khu vực môi trường bị ô nhiễm, suy thoái, bồi thường thiệt hại về môi trường.

3. Việc giải quyết tranh chấp về môi trường được thực hiện theo quy định của pháp luật về giải quyết tranh chấp dân sự ngoài hợp đồng và quy định của pháp luật có liên quan.

4. Tranh chấp về môi trường trên lãnh thổ nước Cộng hòa xã hội chủ nghĩa Việt Nam mà một hoặc các bên là tổ chức, cá nhân nước ngoài được giải quyết theo pháp luật của nước Cộng hòa xã hội chủ nghĩa Việt Nam, trừ trường hợp có quy định khác trong điều ước quốc tế mà Cộng hòa xã hội chủ nghĩa Việt Nam là thành viên.

Điều 162. Khiếu nại, tố cáo, khởi kiện về môi trường

1. Tổ chức, cá nhân có quyền khiếu nại, khởi kiện về hành vi vi phạm pháp luật bảo vệ môi trường theo quy định của pháp luật.

2. Cá nhân có quyền tố cáo vi phạm pháp luật về bảo vệ môi trường với cơ quan, người có thẩm quyền theo quy định của pháp luật về tố cáo.

3. Thời hiệu khởi kiện về môi trường được tính từ thời điểm tổ chức, cá nhân bị thiệt hại phát hiện được thiệt hại do hành vi vi phạm pháp luật về môi trường của tổ chức, cá nhân khác.

Chương XIX

BỒI THƯỜNG THIỆT HẠI VỀ MÔI TRƯỜNG

Điều 163. Thiệt hại do ô nhiễm, suy thoái môi trường

Thiệt hại do ô nhiễm, suy thoái môi trường gồm:

1. Suy giảm chức năng, tính hữu ích của môi trường;

2. Thiệt hại về tính mạng, sức khỏe của con người, tài sản và lợi ích hợp pháp của tổ chức, cá nhân do hậu quả của việc suy giảm chức năng, tính hữu ích của môi trường gây ra.

Điều 164. Nguyên tắc xử lý trách nhiệm đối với tổ chức, cá nhân gây ô nhiễm môi trường

1. Ô nhiễm môi trường và hậu quả do ô nhiễm môi trường phải được cơ quan quản lý nhà nước có thẩm quyền nghiên cứu, điều tra và kết luận kịp thời.

2. Hành vi gây ô nhiễm, suy thoái môi trường của tổ chức, cá nhân phải được phát hiện và xử lý kịp thời theo quy định của pháp luật.

3. Nguyên tắc xác định trách nhiệm cá nhân được quy định như sau:

a) Người đứng đầu trực tiếp của tổ chức phải chịu trách nhiệm đối với hành vi vi phạm pháp luật về bảo vệ môi trường có liên quan đến hoạt động của tổ chức mình;

b) Tổ chức, cá nhân gây ô nhiễm, suy thoái môi trường có trách nhiệm khắc phục hậu quả và bồi thường thiệt hại do hành vi của mình gây ra;

c) Trường hợp cá nhân gây ô nhiễm, suy thoái môi trường do thực hiện nhiệm vụ được tổ chức giao thì tổ chức phải chịu trách nhiệm bồi thường thiệt hại theo quy định của pháp luật.

Điều 165. Xác định thiệt hại do ô nhiễm, suy thoái môi trường

1. Sự suy giảm chức năng, tính hữu ích của môi trường gồm các mức độ sau:

a) Có suy giảm;

b) Suy giảm nghiêm trọng;

c) Suy giảm đặc biệt nghiêm trọng.

2. Việc xác định phạm vi, giới hạn môi trường bị suy giảm chức năng, tính hữu ích gồm:

a) Xác định giới hạn, diện tích của khu vực, vùng lõi bị suy giảm nghiêm trọng và đặc biệt nghiêm trọng;

b) Xác định giới hạn, diện tích vùng đệm trực tiếp bị suy giảm;

c) Xác định giới hạn, diện tích các vùng khác bị ảnh hưởng từ vùng lõi và vùng đệm.

3. Việc xác định các thành phần môi trường bị suy giảm gồm:

a) Xác định số lượng thành phần môi trường bị suy giảm, loại hình hệ sinh thái, giống loài bị thiệt hại;

b) Mức độ thiệt hại của từng thành phần môi trường, hệ sinh thái, giống loài.

4. Việc tính chi phí thiệt hại về môi trường được quy định như sau:

a) Chi phí thiệt hại trước mắt và lâu dài do sự suy giảm chức năng, tính hữu ích của các thành phần môi trường;

b) Chi phí xử lý, cải tạo, phục hồi môi trường;

c) Chi phí giảm thiểu hoặc triệt tiêu nguồn gây thiệt hại;

d) Thăm dò ý kiến các đối tượng liên quan;

đ) Tùy điều kiện cụ thể có thể áp dụng một trong những biện pháp quy định tại các điểm a, b, c và d khoản này để tính chi phí thiệt hại về môi trường, làm căn cứ để bồi thường và giải quyết bồi thường thiệt hại về môi trường.

5. Việc xác định thiệt hại do suy giảm chức năng, tính hữu ích của môi trường được tiến hành độc lập hoặc có sự phối hợp giữa bên gây thiệt hại và bên bị thiệt hại.

Trường hợp mỗi bên hoặc các bên có yêu cầu thì cơ quan chuyên môn về bảo vệ môi trường có trách nhiệm tham gia hướng dẫn cách tính xác định thiệt hại hoặc chứng kiến việc xác định thiệt hại.

6. Việc xác định thiệt hại về sức khỏe, tính mạng của con người, tài sản và lợi ích hợp pháp của tổ chức, cá nhân do gây ô nhiễm, suy thoái môi trường được thực hiện theo quy định của pháp luật.

7. Chính phủ quy định chi tiết Điều này.

Điều 166. Giám định thiệt hại do suy giảm chức năng, tính hữu ích của môi trường

1. Giám định thiệt hại do suy giảm chức năng, tính hữu ích của môi trường được thực hiện theo yêu cầu của tổ chức, cá nhân bị thiệt hại hoặc cơ quan giải quyết việc bồi thường thiệt hại về môi trường.

2. Căn cứ giám định thiệt hại gồm hồ sơ đòi bồi thường thiệt hại, thông tin, số liệu, chứng cứ và căn cứ khác liên quan đến bồi thường thiệt hại và đối tượng gây thiệt hại.

3. Việc lựa chọn tổ chức giám định thiệt hại phải được sự đồng thuận của bên đòi bồi thường và bên phải bồi thường; trường hợp các bên không thống nhất thì việc chọn tổ chức giám định thiệt hại do cơ quan được giao trách nhiệm giải quyết việc bồi thường thiệt hại quyết định.

Điều 167. Bảo hiểm trách nhiệm bồi thường thiệt hại về môi trường

1. Nhà nước khuyến khích doanh nghiệp kinh doanh bảo hiểm thực hiện bảo hiểm trách nhiệm bồi thường thiệt hại về môi trường.

2. Nhà nước khuyến khích tổ chức, cá nhân hoạt động sản xuất, kinh doanh, dịch vụ mua bảo hiểm trách nhiệm bồi thường thiệt hại về môi trường.

3. Tổ chức, cá nhân hoạt động sản xuất, kinh doanh, dịch vụ có nguy cơ gây thiệt hại lớn cho môi trường phải mua bảo hiểm trách nhiệm bồi thường thiệt hại về môi trường theo quy định của Chính phủ.

Chương XX

ĐIỀU KHOẢN THI HÀNH

Điều 168. Điều khoản chuyển tiếp

1. Hồ sơ đã được cơ quan nhà nước có thẩm quyền tiếp nhận để giải quyết theo thủ tục hành chính về môi trường trước ngày Luật này có hiệu lực thì được xử lý theo quy định của pháp luật tại thời điểm tiếp nhận.

2. Tổ chức, cá nhân được cấp giấy phép, giấy chứng nhận về môi trường theo quy định của Luật Bảo vệ môi trường số 52/2005/QH11 thì được tiếp tục thực hiện đến hết thời hạn ghi trong giấy phép, giấy chứng nhận đó.

Điều 169. Hiệu lực thi hành

Luật này có hiệu lực thi hành từ ngày 01 tháng 01 năm 2015.

Luật Bảo vệ môi trường số 52/2005/QH11 hết hiệu lực thi hành kể từ ngày Luật này có hiệu lực.

Điều 170. Quy định chi tiết

Chính phủ quy định chi tiết các điều, khoản được giao trong Luật.

Luật này đã được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XIII, kỳ họp thứ 7 thông qua ngày 23 tháng 6 năm 2014./.