Decree No. 80/2006/NĐ-CP details and guides the implementation of certain provisions of the Environmental Protection Law, including environmental standards, environmental impact assessment, hazardous waste management, and environmental information disclosure. It applies to state agencies, organizations, households, individuals, both domestic and foreign, operating within the territory of Vietnam.
Scope of application
State agencies, organizations, households, individuals, both domestic and foreign, operating within the territory of Vietnam.
Key points
- State agencies shall develop and promulgate national environmental standards according to regional, provincial, and industry-specific timelines.
- The responsibilities of the project proponent after the approval of the environmental impact assessment report include publicizing, designing, and constructing environmental treatment facilities, protecting the environment during construction, and testing the operation of environmental treatment facilities.
- The responsibilities of state agencies after approving the environmental impact assessment report include inspecting, confirming compliance with the requirements of the approval decision, and supervising the trial operation of environmental treatment facilities.
- Environmentally friendly production and service establishments must meet requirements for waste management, material, energy, and water conservation, and make positive contributions to environmental protection.
- Hazardous waste management includes inventory, declaration, and issuance of permits for hazardous waste management operations to organizations.
🌐 Social impact of this document
- Positive impacts: Creating specific environmental standards to protect and improve living environments; encouraging environmentally friendly production, reducing pollution.
- Negative impacts: Increased costs for businesses in complying with regulations on hazardous waste management and environmental impact assessments.
❓ Frequently asked questions
How are national environmental standards applied?
Regional, provincial, and industry coefficients of national environmental standards are determined according to stricter regulations for areas requiring special environmental protection, and industry coefficients based on each sector's environmental characteristics.
What requirements must environmentally friendly production establishments meet?
Environmentally friendly production and service establishments must comply with waste management regulations, conserve materials, energy, and water, and make positive contributions to public environmental protection.
What is the process for reviewing environmental impact assessment reports?
Reviewing environmental impact assessment reports is conducted through the establishment of review boards or review services, with a maximum period of 45 working days for projects under the Prime Minister's authority and 30 working days for other projects.
Which production establishments are eligible for environmental protection incentives?
Environmentally friendly production and service establishments are entitled to preferential policies, incentives, and support from the State as stipulated by law.
What is the process for managing hazardous waste?
The Ministry of Natural Resources and Environment is responsible for guiding procedures for reducing, inventorying, declaring, and managing hazardous waste; issuing permits for organizations managing hazardous waste across two or more provinces.
Full text
DECREE
Regarding the detailed regulations and guidance on implementation
of certain provisions of the Environmental Protection Law
_______________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Environmental Protection Law dated November 29, 2005.
CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,
DECREE
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates detailed regulations and provides guidance on the implementation of certain provisions of the Environmental Protection Law concerning environmental standards; strategic environmental assessment, environmental impact assessment, and environmental commitment; environmental protection in production, business, and services; management of hazardous waste; public disclosure of environmental information and data.
Article 2. Applicability
This Decree applies to state agencies, organizations, households, individuals within Vietnam; overseas Vietnamese, foreign organizations, and individuals conducting activities within the territory of the Socialist Republic of Vietnam.
Chapter II
SPECIFIC PROVISIONS
PART 1
ENVIRONMENTAL STANDARDS
Article 3. Principles for applying national standards on waste according to the timeline, region, area, and industry
1. The regional, area, and industry factor is a number multiplied with the permitted value of each pollution parameter in the national standard on waste to determine the mandatory value applicable to specific regions, areas, and industries in accordance with environmental protection requirements.
2. The timeline for applying national standards on waste is defined in line with environmental protection requirements during different periods, moving towards stricter standards, and is specified in the decision announcing the mandatory application.
3. Determining the factor of the waste standard is based on the following principles:
a) The regional and area factor of the waste standard is determined in a stricter manner for regions designated as natural conservation zones, areas with sensitive ecosystems, urban areas, concentrated residential areas, and areas already affected by pollution.
b) The industry factor of the waste standard is determined based on the specific environmental characteristics of the particular production sector.
Article 4. Responsibilities for developing and authority to issue and announce the mandatory application of national environmental standards
1. The organization of developing national environmental standards is regulated as follows:
a) The Ministry of Natural Resources and Environment guides the method of development, takes the lead, and coordinates with relevant ministries and sectors to identify national environmental standards that need to be issued and assigns tasks for developing national environmental standards.
b) Ministries, ministerial-level agencies, and government-affiliated agencies organize the development of national environmental standards within their assigned scope of management and responsibilities, submit them to the Ministry of Natural Resources and Environment for review and issuance.
2. The Ministry of Natural Resources and Environment issues and announces the mandatory application of national environmental standards for specific regions, areas, and industries.
Article 5. Procedures and formalities for developing, reviewing, issuing, and announcing the mandatory application of national environmental standards
1. National environmental standards are developed through the following steps:
a) Referencing related international standards and standards from countries with similar conditions to Vietnam;
b) Evaluating basic requirements for national environmental standards and forecasting the impacts of mandatorily applying these standards;
c) Determining the scope of regulation, applicability, parameters, and limit values of each parameter of the national environmental standard along with standard methods for measurement, sampling, and analysis to determine those parameters;
d) Organizing the drafting of the environmental standard;
đ) Organizing the collection of opinions from relevant parties and perfecting the draft of the national environmental standard;
e) Requesting the Ministry of Natural Resources and Environment to review and issue the standard.
2. The dossier for requesting professional review of the draft national environmental standard includes:
a) A letter requesting the review of the environmental standard;
b) A presentation on the necessity, objectives, process of organizing the development, differing opinions, and the opinion of the agency organizing the development of the environmental standard;
c) The draft environmental standard.
3. The procedures for professional review and issuance of national environmental standards are regulated as follows:
a) After receiving a valid dossier for review, the Ministry of Natural Resources and Environment establishes a National Environmental Standard Technical Committee comprising experts with relevant expertise and experience in standards and authorized representatives of relevant ministries, ministerial-level agencies, and government-affiliated agencies;
b) Within thirty working days from the date of receipt of a complete valid dossier for review, the National Environmental Standard Technical Committee is responsible for reviewing and submitting the results of the review of the draft national environmental standard to the Ministry of Natural Resources and Environment.
Within fifteen working days from the date of receipt of the report on the review results, the Ministry of Natural Resources and Environment decides on the issuance of the national environmental standard; if it disagrees with the review results or does not accept the issuance of the national environmental standard, it requests the National Environmental Standard Technical Committee to re-review or requests the agency organizing the development of the standard to continue perfecting the draft standard.
4. The procedures for announcing the mandatory application of national environmental standards are regulated as follows:
a) Based on the national environmental standard, the Ministry of Natural Resources and Environment determines the application timeline, factors for specific regions, areas, and industries according to the principles set out in Article 3 of this Decree and announces the mandatory application;
b) Organizations and individuals are responsible for complying with the national environmental standard from the date the decision on mandatory application becomes effective.
5. The National Environmental Standard Technical Committee is a technical advisory body established and operates when requested to assist the Ministry of Natural Resources and Environment in reviewing the draft national environmental standard and dissolves itself upon completion of its task.
The Ministry of Natural Resources and Environment specifies the operation of the National Environmental Standard Technical Committee.
PART 2
STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL COMMITMENT
Article 6. List of projects required to prepare environmental impact assessment reports and financial regime guidance for activities related to preparing, reviewing, and monitoring environmental impact assessment reports
1. Projects required to prepare environmental impact assessment reports are specified in Appendix I attached to this Decree.
2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide the financial regime for activities related to preparing, reviewing, and monitoring strategic environmental assessment reports, environmental impact assessment reports, and environmental protection commitment statements.
Article 7. Inter-sectoral and inter-provincial projects under the responsibility of the Ministry of Natural Resources and Environment for reviewing and approving environmental impact assessment reports
The list of inter-sectoral and inter-provincial projects under the responsibility of the Ministry of Natural Resources and Environment for reviewing and approving environmental impact assessment reports is specified in Appendix II attached to this Decree.
Article 8. Conditions and scope of operation of organizations providing consulting services for preparing environmental impact assessment reports
1. Organizations providing consulting services for preparing environmental impact assessment reports must meet the following conditions:
a) Having technical, technological, and environmental staff with appropriate expertise in the project's field;
b) Having equipment, machinery, and devices meeting standards and quality requirements for environmental measurement and sampling, and other relevant samples suitable for the nature of the project and its implementation location;
c) Having physical and technical facilities, laboratories ensuring the processing and analysis of environmental samples and other relevant samples related to the project. In cases where there is no laboratory meeting the requirements, the organization providing consulting services must contract with another laboratory that meets the requirements.
2. Any domestic or foreign organization registered to operate in Vietnam and meeting the conditions stipulated in Clause 1 of this Article may provide consulting services for preparing environmental impact assessment reports, except for projects in the fields of national security, defense, and projects involving state secrets.
3. Agencies and units hiring organizations providing consulting services for preparing environmental impact assessment reports are responsible for checking the conditions stipulated in Clause 1 of this Article before hiring such organizations.
Article 9. Documents for requesting review of strategic environmental assessment reports, environmental impact assessment reports, and registration of environmental protection commitment statements
1. Documents for requesting review of strategic environmental assessment reports include:
a) A request for review from the project proponent;
b) Strategic environmental assessment report;
c) Draft strategic, planning, or program documents.
2. Documents for requesting review of environmental impact assessment reports include:
a) A request for review from the project proponent;
b) Environmental impact assessment report;
c) Feasibility study report or investment report of the project.
3. Documents for registering environmental protection commitment statements include:
a) Environmental protection commitment statement;
b) Feasibility study report or investment explanation report of the project.
4. Documents for requesting review of strategic environmental assessment reports, documents for requesting review of environmental impact assessment reports, and documents for registering environmental protection commitment statements shall be submitted to the competent authority as prescribed in Articles 17, 21, and 26 of the Law on Environmental Protection.
5. The Ministry of Natural Resources and Environment shall guide the forms and quantity of documents for requesting review of strategic environmental assessment reports, documents for requesting review of environmental impact assessment reports, and documents for registering environmental protection commitment statements.
6. In case the documents are not valid, within five working days from the date of receipt of the documents, the agency receiving the documents shall notify the project proponent to supplement and complete them.
Article 10. Review of Strategic Environmental Assessment Report
1. The head or person in charge of the agency prescribed in Clause 7 of Article 17 of the Law on Environmental Protection issues a decision to establish a committee to review the strategic environmental assessment report of the project.
2. The results of the review of the strategic environmental assessment report are reflected in the minutes of the committee meeting, including all contents, conclusions, signatures of the chairman and secretary of the committee.
3. The Minister of Natural Resources and Environment reports to the Prime Minister, Government, and National Assembly on the results of the review of the strategic environmental assessment report of the project along with a copy of the committee's minutes as the basis for approving the project.
4. Specialized agencies for environmental protection of ministries, ministerial-level agencies, government agencies, provincial People's Committees, and centrally-administered city People's Committees report to the Minister, head, or person in charge of the competent agency for approving the project on the results of the review of the strategic environmental assessment report along with a copy of the committee's minutes as the basis for approving the project.
5. The activities of the committee reviewing the strategic environmental assessment report shall be carried out according to the regulations issued by the Minister of Natural Resources and Environment.
Article 11. Review of Environmental Impact Assessment Reports
1. The head or person in charge of the agency specified in Clause 7, Article 21 of the Law on Environmental Protection shall issue a decision to establish the Review Board for reviewing the Environmental Impact Assessment Report of the project.
2. The head or person in charge of the agency specified in Clause 7, Article 21 of the Law on Environmental Protection shall decide on the form of review through the Review Board or service organization based on the technical, technological, and environmental complexity of the project. For projects related to national security, defense, and involving state secrets, only internal organizations within the security and defense sectors shall be selected.
3. The Review Board or service organization has the function of advising the competent authority in examining and assessing the quality of the Environmental Impact Assessment Report to serve as a basis for examination and approval according to regulations.
4. In cases where necessary, before holding the formal meeting of the Review Board, the agency responsible for organizing the review may conduct supporting review forms such as:
a) Surveying the project implementation site and adjacent areas;
b) Collecting samples for analysis and verification;
c) Soliciting opinions from the local community where the project is implemented;
d) Soliciting critical opinions from experts outside the Review Board, scientific and technological agencies, social and professional organizations, and non-governmental organizations related to the project;
đ) Organizing specialized assessment meetings.
5. The activities of the Review Board and the Service Organization for reviewing Environmental Impact Assessment Reports shall be carried out in accordance with the regulations issued by the Minister of Natural Resources and Environment.
Article 12. Time Limit for Reviewing Strategic Environmental Assessment Reports and Environmental Impact Assessment Reports
1. For projects under the decision-making and approval authority of the Prime Minister, Government, National Assembly, and inter-sectoral, inter-provincial projects, the maximum review period is 45 (forty-five) working days, starting from the date when all valid documents are received.
2. For projects not covered by the provisions of Clause 1 of this Article, the maximum review period is 30 (thirty) working days, starting from the date when all valid documents are received.
3. If the Strategic Environmental Assessment Report or Environmental Impact Assessment Report is not approved and needs to be reviewed again, the review period shall be conducted as prescribed in Clauses 1 and 2 of this Article.
Article 13. Preparation of Supplementary Environmental Impact Assessment Reports
1. The following situations require the preparation of supplementary Environmental Impact Assessment Reports:
a) Changes in the location, scale, design capacity, or technology of the project;
b) After 24 months from the date the Environmental Impact Assessment Report was approved, the project begins implementation.
2. The contents of the supplementary Environmental Impact Assessment Report include:
a) Changes in the project's content;
b) Changes in the current environmental conditions and economic and social factors up to the time of preparing the supplementary Environmental Impact Assessment Report;
c) Changes in environmental impacts and measures to mitigate negative impacts;
d) Changes in the project's environmental management and monitoring program;
đ) Other changes.
3. Within a period not exceeding 30 (thirty) working days from the date when all valid documents are received, the competent state agency that approved the Environmental Impact Assessment Report shall be responsible for examining and approving the supplementary Environmental Impact Assessment Report.
Article 14. Responsibilities of the Project Owner after the Environmental Impact Assessment Report has been Approved
1. Submit a written report to the People's Committee of the district where the project is implemented regarding the content of the decision approving the Environmental Impact Assessment Report, along with a copy of the approval decision.
2. Publicly post at the project implementation site a summary of the approved Environmental Impact Assessment Report, clearly indicating: types and quantities of waste; waste treatment technology and equipment; the level of treatment according to specific parameters of the waste compared to prescribed standards; other environmental protection measures.
3. Design and construct environmental treatment works:
a) Based on the schematic diagrams of the environmental treatment works proposed in the approved Environmental Impact Assessment Report, detailed design and construction of these works must be carried out in accordance with current regulations on investment and construction;
b) After completing the detailed design of the project's environmental treatment works that have been approved, submit a written report to the state agency that approved the Environmental Impact Assessment Report regarding the construction plan, accompanied by the detailed design dossier of the environmental treatment works for monitoring and inspection.
4. Environmental protection during project construction:
a) During the project construction process, implement environmental protection measures, minimize negative impacts on the environment caused by the project, and conduct environmental monitoring in accordance with requirements set forth in the approved Environmental Impact Assessment Report as well as other requirements stated in the approval decision for the Environmental Impact Assessment Report;
b) If there are adjustments or changes to the environmental protection contents and measures already approved or confirmed during the implementation of project construction activities, a written report must be submitted to the approving or confirming agency, and such changes may only be implemented after receiving written approval from this agency;
c) In case of environmental pollution during the implementation of construction activities and trial operation of the project, operations must be immediately halted and timely reports made to the natural resources and environment department of the district where the project is implemented and the agency that approved the Environmental Impact Assessment Report;
d) Have the responsibility to cooperate and facilitate conditions for state management agencies responsible for environmental protection to carry out supervision and inspection activities related to the implementation of environmental protection contents and measures of the project; provide complete information and data when requested.
5. Trial operation of environmental treatment works:
a) After completion and acceptance of the construction of environmental treatment works, trial operation of these works must be conducted to check technical and environmental parameters according to the design specifications;
b) Develop a trial operation plan and notify the agency that approved the Environmental Impact Assessment Report, the provincial natural resources and environment department, the district natural resources and environment department, and the local community where the project is implemented to arrange for monitoring and inspection plans;
c) In cases where sufficient capacity to independently measure and analyze technical and environmental parameters is lacking, a contract must be signed with an organization possessing the necessary professional and technical capacity to perform these tasks;
d) After completing the trial operation, submit a written report and request confirmation of the trial operation results of the environmental treatment works to the agency that approved the Environmental Impact Assessment Report for confirmation.
Article 15. Responsibilities of State Agencies after Approving Environmental Impact Assessment Reports
1. Ministries, ministerial-level agencies, and government agencies shall send the original decision approving their environmental impact assessment reports to the People's Committee of the province where the project is implemented.
2. The People's Committee of the province shall send copies of its decision approving the environmental impact assessment report and those of ministries, ministerial-level agencies, and government agencies to the People's Committee of the district where the project is implemented.
3. State agencies with authority, after approving environmental impact assessment reports, shall have the following responsibilities:
a) Review and compare the design and construction files of environmental treatment works with the approved environmental impact assessment report; in case of discovering points that do not comply with the environmental impact assessment report, they must notify the project proponent in writing within 7 (seven) working days from the date of receipt of the files and reports for adjustment and supplementation;
b) Receive and process proposals and recommendations from the project proponent, organizations, and individuals related to the implementation of environmental protection contents and measures during the construction and implementation of the project;
c) Plan and conduct supervision and inspection of the implementation of environmental protection contents and measures; handle violations within their authority or recommend handling of violations;
d) Organize testing operation inspections of environmental treatment works of the project proponent after receiving the trial operation plan of the project proponent;
đ) Examine and confirm the results of the trial operation of environmental treatment works;
e) Keep and manage all post-assessment activity files and documents sent by the project proponent and relevant agencies and individuals.
Article 16. Documents, Procedures, and Formalities for Inspection and Confirmation of Compliance with the Requirements of the Decision Approving the Environmental Impact Assessment Report
1. The application for inspection and confirmation includes:
a) A request for inspection and confirmation;
b) A report describing the environmental protection works and measures mentioned in the environmental impact assessment report, along with design files and technical parameters of environmental protection works and equipment.
Environmental treatment and protection works must be technically appraised before requesting inspection and confirmation.
c) Relevant certificates, certifications, recognitions, and appraisals.
2. Within 15 (fifteen) working days from the date of receipt of the valid application from the project proponent, the agency issuing the decision approving the environmental impact assessment report shall inspect and confirm in writing that the project proponent has completed the contents of the approved environmental impact assessment report. For projects with complex issues requiring extended inspection time, the additional time shall not exceed 10 (ten) working days. If, upon inspection, it is found that the project proponent has not properly and fully implemented the contents of the environmental impact assessment report, the project proponent shall be required to continue implementation and report back for further review and confirmation by the agency issuing the decision approving the environmental impact assessment report.
3. The contents to be inspected and confirmed for each specific project shall be carried out according to the approved environmental impact assessment report, paying particular attention to the following:
a) Wastewater collection and treatment systems;
b) Equipment for collecting, storing, and treating hazardous waste;
c) Measures for managing general solid waste;
d) Measures and equipment for collecting and treating exhaust gases and dust;
đ) Measures and equipment for noise and vibration control;
e) Plans, measures, and necessary conditions for preventing and responding to environmental incidents.
4. The form and specific content of the reporting and confirmation documents shall be carried out in accordance with guidelines issued by the Ministry of Natural Resources and Environment.
Article 17. Registration of Environmental Protection Commitment
1. After receiving complete valid files within the time limit specified in Clause 2, Article 26 of the Law on Environmental Protection, the People's Committee of the district or the People's Committee of the commune authorized shall be responsible for issuing confirmation certificates to entities subject to registration of environmental protection commitment.
2. The form and content of the confirmation certificate for registering the environmental protection commitment shall be implemented in accordance with the guidelines of the Ministry of Natural Resources and Environment.
PART 3
ENVIRONMENTAL PROTECTION IN PRODUCTION, BUSINESS, AND SERVICE ACTIVITIES
BUSINESS, SERVICES
Article 18. Environmentally Friendly Production Facilities, Services, and Products
1. An environmentally friendly production facility or service is a facility that meets the following requirements:
a) Strictly comply with laws on environmental protection and obtain certification meeting environmental standards;
b) Have policies for managing products throughout their lifecycle and managing waste in accordance with legal regulations, including recycling and reusing over 70% of total waste;
c) Successfully apply and obtain the ISO 14001 environmental management certification;
d) Save more than 10% of raw materials, energy, fuel, and water usage compared to general consumption levels;
đ) Participate actively and contribute positively to community awareness-raising programs and public environmental protection;
e) Not be opposed by the local community where production and services are carried out regarding recognition as an environmentally friendly facility.
2. An environmentally friendly product is a product that meets one of the following requirements:
a) A product recycled from waste that meets environmental standards;
b) A product that is easily decomposed in nature after use;
c) A product that does not pollute the environment produced to replace natural resources;
d) Organic agricultural products;
đ) A product certified with an eco-label by an organization recognized by the State.
3. Environmentally friendly production facilities and services shall enjoy preferential policies, incentives, and support from the State in accordance with the provisions of the law.
4. The Ministry of Natural Resources and Environment shall guide the evaluation, consideration, and procedures for recognizing environmentally friendly production facilities, services, and products.
Article 19. Environmental Protection for Importing, Temporary Importation, Transshipment, and Transit of Waste
1. Organizations and individuals importing waste that do not comply with the provisions of Clause 1 and Clause 2, Article 43 of the Law on Environmental Protection shall be administratively sanctioned or criminally prosecuted depending on the nature and severity of the violation. In case of causing damage, they must compensate according to the provisions of the law.
2. Temporary importation and transshipment of waste must strictly adhere to the following requirements:
a) Do not dismantle, open, use, or cause the release of waste during transportation and storage in Vietnam;
b) Do not alter the characteristics or quantity of waste;
c) Re-export or transship all waste brought into the territory of Vietnam.
3. Transit of waste through the territory of Vietnam must meet similar environmental protection requirements as those for transit goods stipulated in Article 42 of the Law on Environmental Protection.
PART 4
WASTE MANAGEMENT
Article 20. Responsibilities for Managing Hazardous Waste of State Agencies
1. The Ministry of Natural Resources and Environment shall have the following responsibilities:
a) Guide procedures for reducing, recording, declaring, and managing hazardous waste;
b) Issue a list of hazardous waste;
c) Issue permits and activity codes for managing hazardous waste for organizations participating in waste management with operational scope covering two provinces or centrally-run cities or more;
d) Guide the transport of hazardous waste abroad for treatment in accordance with international conventions to which Vietnam is a member when appropriate technology and equipment are unavailable domestically.
2. The People's Committees of provinces and centrally-run cities shall have the following responsibilities:
a) Organize the recording and assessment of hazardous waste generated in their areas and implement appropriate management measures;
b) Allocate land and necessary conditions for managing hazardous waste in their areas in line with approved plans for collecting, treating, and landfilling hazardous waste;
c) Issue permits and activity codes for managing hazardous waste for organizations participating in hazardous waste management with operational scope in their areas except for cases specified in point c, Clause 1 of this Article.
Article 21. Recovery and disposal of used or discarded products
1. Products specified in Clause 1 of Article 67 of the Environmental Protection Law must have hazardous level and recyclability symbols to establish responsibility and recovery and disposal measures after their expiration date or when consumers discard them.
In cases of importation, the importing organization or individual must register the quantity and necessary information of the product with the central state management agency for environmental protection to establish responsibility and recovery and disposal measures after consumers discard them.
2. Based on actual conditions and environmental protection needs during each period, the Ministry of Natural Resources and Environment shall submit to the Prime Minister for the promulgation of regulations on the recovery and disposal of expired or used products.
SECTION 5
OTHER PROVISIONS
Article 22. Review and Evaluation of Environmental Technology and Management of Biological Preparations Used in Environmental Protection
1. The review and evaluation of environmental technology includes:
a) New environmental technologies invented;
b) Imported environmental technologies of unknown origin;
c) Other environmental technologies according to the requirements of suppliers, users, or competent state management agencies.
2. Publicizing, certifying, and transferring reviewed and evaluated environmental technologies shall be carried out in accordance with laws on science and technology.
3. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Natural Resources and Environment to provide specific guidance on evaluating environmental technologies in compliance with laws on science and technology and environmental protection.
4. The Ministry of Natural Resources and Environment shall issue a list of biological preparations used in preventing, reducing, and treating waste; and a list of biological preparations causing environmental pollution that are prohibited from importation.
Article 23. Disclosure of Environmental Information and Data
1. The obligation to disclose environmental information and data as stipulated in Clause 1 of Article 104 of the Environmental Protection Law shall be implemented as follows:
a) The Ministry of Natural Resources and Environment shall be responsible for disclosing national environmental information and data;
b) Ministries, ministerial-level agencies, and government agencies shall be responsible for disclosing environmental information and data within their respective sectors and fields of management;
c) Specialized agencies for environmental protection under People's Committees at all levels shall be responsible for disclosing environmental information and data within their respective areas of management;
d) Management boards of economic zones, industrial parks, export processing zones; and heads of production and service establishments shall be responsible for disclosing environmental information and data within their respective scopes of management.
2. The forms of disclosure of environmental information and data are as follows:
a) Wide distribution in the form of books, press bulletins, and posting on the website of the unit for the cases specified in point a and point b of Clause 1 of this Article;
b) Wide distribution in the form of books, press bulletins, posting on the website of the unit (if available), reporting in People's Council meetings, announcing in community meetings, and posting at the headquarters of the unit and People's Committee offices at the commune, ward, town level where the unit operates for the cases specified in point c and point d of Clause 1 of this Article.
Chapter III
IMPLEMENTING PROVISIONS
Article 24. Effective Date
1. This Decree takes effect fifteen days after its publication in the Official Gazette.
2. The following decrees are repealed:
a) Decree No. 175/CP dated October 18, 1994 of the Government on the implementation of the Environmental Protection Law 1993;
b) Decree No. 143/2004/NĐ-CP dated July 12, 2004 of the Government amending and supplementing Clause 14 of Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Environmental Protection Law 1993.
Article 25. Responsibilities for Implementation
1. The Minister of Natural Resources and Environment shall be responsible for guiding and implementing this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.
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