Decision No. 64/2003/QĐ-TTg On approving the "Plan for Thoroughly Addressing Severe Polluting Facilities"

Pursuant to …;

Regarding the approval of the "Comprehensive Plan for Addressing Severe Environmental Pollution Sources"

To strengthen environmental protection work during the period of industrialization and modernization of the country;

_____________

PRIME MINISTER

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

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

Pursuant to the proposal of the Minister of Natural Resources and Environment, the Minister of Science and Technology, relevant ministries, sectors, and localities,

Approve the "Comprehensive Plan for Addressing Severe Environmental Pollution Sources" (hereinafter referred to as the Plan) with the main contents as follows:

Pursuant to …;:

Article 1. I- OBJECTIVES OF THE PLAN

1. Short-term objectives until 2007:

Focus on thoroughly addressing 439 severe environmental pollution sources out of a total of 4,295 pollution sources reviewed and statistically recorded up to 2002, including: 284 production and business establishments, 52 waste dumps, 84 hospitals, 15 pesticide storage facilities, 03 chemical toxic substance storage areas, and 01 war遗留的环境危害弹药库。立即解决城市、人口密集区和严重污染地区的环境污染热点问题，保护环境和公众健康；加强预防和阻止污染工作，逐步控制和减少全国范围内严重环境污染源的增长速度。

Long-term objectives until 2012:

Continue to thoroughly address the remaining 3,856 severe environmental pollution sources and newly emerging sources. Further intensify preventive and blocking measures against pollution, aiming to control and reduce the growth rate of severe environmental pollution sources nationwide, ensuring sustainable development during the period of industrialization and modernization of the country.

II- PRINCIPLES FOR HANDLING

1. The thorough handling of environmental pollution sources shall be carried out based on the principle of ensuring sustainable development.

2. Thoroughly addressing severe environmental pollution sources must be conducted resolutely and appropriately according to the specific conditions of each locality, sector, and source; review and select typical and pressing pollution sources for early handling to accumulate experience for wider implementation.

3. Any entity causing environmental pollution shall bear the responsibility for thoroughly addressing and remedying such pollution. The State shall take responsibility for addressing and remediating environmental pollution in special cases.

4. During the process of thoroughly addressing severe environmental pollution sources, attention must be paid to safeguarding the legitimate rights and interests of workers in accordance with current laws.

III- CONTENTS OF THE PLAN

1. Phase I (2003-2007):

Focus on thoroughly addressing

439 pollution sources causing severe environmental pollution listed in Appendix 1 and Appendix 2 attached hereto, including: a. From 2003 to 2005, immediately address

51 pollution sources causing particularly severe environmental pollution, including: 29 production and business establishments, 03 chemical toxic substance storage areas, 01 war遗留的环境危害弹药库，15农药存储设施和03个垃圾场 (Appendix 1) b. Simultaneously, promptly develop plans, implement, and complete the handling of.

388 remaining pollution sources causing severe environmental pollution in Phase I - Upgrade and renovate technology at 55 production and business establishments. (Annex 2)including:

- Construct waste treatment facilities at 200 production and business establishments.

- Control pollution, upgrade and construct wastewater treatment systems at 49 old and currently used garbage dumps.

- Address environmental pollution at 84 hospitals.

2. Phase II (2008-2012):

Based on summarizing and learning from the handling experience of Phase I (2003-2007), comprehensively implement measures to continue thoroughly addressing the remaining 3,856 severe environmental pollution sources and newly emerging sources.

IV- BASIC SOLUTIONS

To effectively implement the Plan throughout the country, relevant ministries, sectors, localities, and entities need to implement the following solutions in a coordinated manner:

1- Study and draft new or supplement and improve related legal documents and policies to ensure the effective implementation of the Plan.

2- Diversify investment capital for implementing the Plan (self-owned capital, state budget capital, loans from funds and other sources).

- The entity responsible for the pollution source shall be primarily responsible for investing capital to address severe environmental pollution caused by itself; permitted to use financial assistance and voluntary contributions from domestic and foreign organizations and individuals to implement the Plan; eligible to apply for preferential loans from the Vietnam Environment Protection Fund under Decision No. 82/2002/QĐ-TTg dated June 26, 2002 of the Prime Minister on the establishment, organization, and operation of the Vietnam Environment Protection Fund.

- Relevant ministries, sectors, and localities as the supervisory authorities of severe environmental pollution sources shall allocate part of the state budget capital to support the implementation of the Plan (the portion within their respective responsibilities).

3- Entities causing severe environmental pollution that implement the Plan shall enjoy tax exemption or preferential tax rates, corporate income tax, import duties on advanced machinery and equipment, clean production technologies, and environmentally friendly technologies; enjoy preferential or exempted land use fees, land rental fees, and land use taxes according to Decree No. 51/1999/NĐ-CP dated July 8, 1999 of the Government detailing the implementation of the Law on Encouraging Domestic Investment (amended).

4- Encourage technological innovation and upgrading; promote the application of clean and environmentally friendly technologies in enterprise production.

5- Strengthen state management of the environment from central to local levels, especially in inspection, supervision, urging implementation of the Plan, and national and specialized inspections on environmental protection. Encourage and support enterprises to adopt environmental management systems according to Vietnamese Environmental Standards. Study the application of environmental labeling for enterprise products, initially试行环境标签制度，首先在首都河内和胡志明市进行试点。

5- Strengthen state management of the environment from the central to local levels, particularly in inspection, supervision, auditing, and urging the implementation of the Plan and state inspection work on environmental protection. Encourage and support enterprises in applying environmental management systems according to Vietnam Environmental Standards. Study the application of environmental labeling for enterprise products, initially applying trial in Hanoi City and Ho Chi Minh City.

6. Promote educational and communication activities through mass media regarding the implementation of the Plan. Encourage and motivate all citizens and each community to actively participate in preventing, handling, and mitigating environmental pollution.

7. Strengthen international cooperation to utilize resources from foreign organizations and individuals for the implementation of the Plan.

8. Implement administrative enforcement measures in accordance with the law against serious polluting facilities that delay, procrastinate, and fail to voluntarily implement the Plan approved by the Prime Minister.

V. IMPLEMENTATION

1. Establish a Joint Steering Committee to direct the implementation of the Plan, with the Minister of Natural Resources and Environment serving as the Chair, the Vice Minister of Natural Resources and Environment as the Deputy Chair in charge, and the Vice Ministers of Planning and Investment, Finance, Science and Technology, Industry, Construction, Transportation, Agriculture and Rural Development, Health, Fisheries, and National Defense as members of the Committee. The Joint Steering Committee has a permanent office at the Ministry of Natural Resources and Environment. The Committee operates according to regulations issued by the Chair in compliance with current laws.

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

a. Serve as the Permanent Office of the Joint Steering Committee, responsible for assisting the Government in organizing the implementation of the Plan in collaboration with relevant Ministries, sectors, and localities.

b. Organize the dissemination of the contents of the Plan to entities involved in thoroughly addressing serious polluting facilities.

c. Develop and issue legal normative documents, policies, and mechanisms for environmental protection, investment incentives, credit, tax, land, technology, and ensuring legitimate rights of workers for polluting facilities implementing the Plan, within its authority or by submitting them to the Prime Minister for issuance.

d. Be responsible for urging, inspecting, auditing, supervising, and enforcing the implementation of the Plan. Summarize, evaluate, and assess the implementation situation of the Plan, and submit annual reports to the Prime Minister.

3. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to balance and allocate appropriate funds for relevant Ministries, sectors, and localities to support the implementation of the Plan in accordance with the timeframes and schedules approved by the Prime Minister.

4. Ministries, sectors, and local authorities listed in Appendix 1 and 2 are the managing agencies of serious polluting facilities and are responsible for coordinating with the Ministries of Natural Resources and Environment, Planning and Investment, and Finance to review and approve remediation plans of these facilities; mobilize funding sources and direct the implementation of the Plan in accordance with the timeframes and schedules specified in Appendix 1 and 2.

5. Serious polluting facilities listed in Appendix 1 and 2 are responsible for developing remediation plans, investing capital, and organizing the handling of environmental pollution caused by their operations.

6. Media agencies need to strengthen educational and promotional content on environmental protection, preventing pollution, and thoroughly addressing serious polluting facilities that negatively impact the ecological environment and public health.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees, and organizations and individuals mentioned in Appendix 1 and 2 are responsible for implementing this Decision./.