Environmental Protection Law 2020 (72/2020/QH14)

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgated the Law on Environmental Protection.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This law stipulates the activities of environmental protection; the rights, obligations, and responsibilities of agencies, organizations, communities, households, and individuals in environmental protection activities.

Article 2. Subjects of application

This law applies to agencies, organizations, communities, households, and individuals on the territory of the Socialist Republic of Vietnam, including the mainland, islands, seas, underground areas, and airspace.

Article 3. Interpretation of terms

In this Law, the terms below are understood as follows:

1. The environment includes natural and artificial material factors that are closely related to each other, surrounding humans, affecting life, economy, society, the existence and development of humans, living beings, and nature.

2. Environmental protection activities are activities that prevent and limit negative impacts on the environment; respond to environmental incidents; remedy pollution and environmental degradation, improve environmental quality; use natural resources and biodiversity reasonably, and respond to climate change.

3. Environmental components are material factors that form the environment, including soil, water, air, living organisms, sound, light, and other forms of matter.

4. National environmental protection planning is the arrangement and orientation of the distribution of space for environmental quality management, nature and biodiversity conservation, waste management, environmental monitoring and warning over a defined territory to protect the environment, serving the goal of sustainable national development for a specified period.

5. Strategic environmental assessment is the process of identifying and forecasting trends of key environmental issues, serving as a basis for integrating and embedding environmental protection solutions into policies, strategies, and planning.

6. Preliminary environmental impact assessment is the review and identification of the main environmental issues of an investment project during the pre-feasibility study phase or the project proposal phase.

7. Environmental impact assessment is the process of analyzing, evaluating, identifying, and forecasting the environmental impacts of an investment project and proposing measures to mitigate adverse impacts on the environment.

8. An environmental permit is a document issued by a competent state management authority to organizations or individuals engaged in production, business, or service activities that are allowed to discharge waste into the environment, manage waste, or import scrap from abroad as production materials, along with requirements and conditions on environmental protection in accordance with the provisions of law.

9. Environmental registration is the act of an investment project owner or a production, business, or service facility registering with the state management authority the contents related to waste discharge and measures for environmental protection of the investment project or facility (hereinafter referred to collectively as the investment project or facility).

10. Environmental technical regulations are mandatory regulations that apply limits for environmental quality parameters, the content of pollutants in raw materials, fuels, materials, equipment, products, goods, waste, technical requirements, and management, issued by competent state agencies in accordance with the provisions of the law on standards and technical regulations.

11. Environmental standards are voluntary regulations that apply limits for environmental quality parameters, the content of pollutants in waste, technical requirements, and management, published by competent state agencies or organizations in accordance with the provisions of the law on standards and technical regulations.

12. Environmental pollution is the change in the physical, chemical, and biological properties of environmental components that do not conform to environmental technical standards and environmental standards, causing adverse effects on human health, living organisms, and nature.

13. Environmental degradation is the decline in the quality and quantity of environmental components, causing adverse effects on human health, living organisms, and nature.

14. Environmental incidents are incidents that occur during human activities or due to abnormal natural changes, causing pollution and serious environmental degradation.

15. Pollutants are chemical substances or physical or biological agents that, when present in the environment above permissible levels, cause environmental pollution.

16. Persistent pollutants are pollutants that are highly toxic, difficult to decompose, capable of bioaccumulation and spreading in the environment, adversely affecting the environment and human health.

17. Persistent organic pollutants are persistent pollutants regulated in the Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as the Stockholm Convention).

18. Waste is material in solid, liquid, gaseous form or in other forms released from production, business, service, domestic activities, or other activities.

19. Solid waste is waste in solid form or sludge.

20. Hazardous waste is waste that contains toxic, radioactive, infectious elements, is flammable, explosive, corrosive, poisonous, or has other hazardous characteristics.

21. Co-processing of waste is the combination of an existing production process to recycle, treat, or recover energy from waste, in which the waste is used as raw material, material, alternative fuel, or is treated.

22. Pollution control is the process of preventing, detecting, blocking, and treating pollution.

23. Environmental carrying capacity is the limit of the environment's tolerance to impacting factors so that the environment can self-recover.

24. Environmental protection infrastructure includes systems for collecting, storing, transporting, and treating waste, environmental monitoring, and other environmental protection constructions.

25. Environmental monitoring is the continuous, periodic, and occasional systematic observation of environmental components, factors affecting the environment, and waste in order to provide information for assessing the current state of the environment, environmental quality trends, and adverse impacts on the environment.

26. Trial operation of a waste treatment facility is the operation carried out to check and evaluate the effectiveness and compliance with environmental protection requirements of the waste treatment facility of the project investor, premises, production, business, service centers, or industrial clusters.

27. Scrap is material that is recovered, sorted, and selected from discarded materials or products during production, business, service, or consumption activities to be used as input for another production process.

28. A residential community is a community of people living in the same area of a village, hamlet, commune, village, small village, phum, soc, residential group, or similar populated area within the territory of the Socialist Republic of Vietnam.

29. Greenhouse gas is a type of gas in the atmosphere that causes the greenhouse effect.

30. The greenhouse effect is the phenomenon where the Sun's radiative energy is absorbed in the atmosphere, converted into heat, causing global warming.

31. Mitigating greenhouse gas emissions is an activity aimed at reducing the level or intensity of greenhouse gas emissions, enhancing the absorption of greenhouse gases.

32. Climate change response is human activity aimed at adapting to climate change and mitigating greenhouse gas emissions.

33. Greenhouse gas emission quota is the amount of greenhouse gas that a country, organization, or individual is allowed to emit within a specified period, calculated in tons of carbon dioxide (CO2) or tons of carbon dioxide (CO2) equivalent.

34. The ozone layer is a layer in the Earth's stratosphere that protects the Earth from harmful ultraviolet radiation from the Sun.

35. Carbon credit is a tradable certificate representing the right to emit one ton of carbon dioxide (CO2) or one ton of carbon dioxide (CO2) equivalent.

36. Best available technology is the best technical solution selected to ensure practicality, effectiveness in pollution prevention and control, and minimization of negative environmental impacts.

37. Concentrated production, business, and service areas include industrial parks, export processing zones, high-tech zones, and industrial production functional areas of economic zones.

38. The project owner is the investor or the project investor according to the provisions of the law on investment, public investment, investment under the public-private partnership model, and construction.

Article 4. Principles of environmental protection

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

2. Environmental protection is a condition, foundation, and central, decisive factor for sustainable socio-economic development. Environmental protection activities must be linked with economic development, resource management, and considered and evaluated during the implementation of development activities.

3. Environmental protection is harmoniously linked with social welfare, children's rights, gender equality, ensuring everyone's right to live in a clean environment.

4. Environmental protection activities must be carried out regularly, openly, and transparently; priority should be given to forecasting and preventing pollution, incidents, and environmental degradation, managing environmental risks, minimizing waste generation, and promoting the reuse and recycling of waste to exploit the resource value of waste.

5. Environmental protection must be in accordance with natural, cultural, and historical laws and characteristics, market mechanisms, and the level of socio-economic development; it should promote the development of regions inhabited by ethnic minorities and mountainous areas.

6. Agencies, organizations, communities, households, and individuals benefiting from the environment are obliged to contribute financially to environmental protection activities; those causing pollution, incidents, and environmental degradation must pay, compensate for damages, remediate, handle, and bear other responsibilities according to the provisions of the law.

7. Environmental protection activities must ensure they do not harm national sovereignty, security, and national interests, and must be associated with protecting the regional and global environment.

Article 5. State policy on environmental protection

1. Facilitate agencies, organizations, communities, households, and individuals to participate in, monitor, and supervise environmental protection activities.

2. Propagate and educate combined with administrative, economic, and other measures to strengthen compliance with environmental protection laws and to build an environmental protection culture.

3. Focus on conserving biodiversity, protecting the environment of natural heritage; exploiting, using natural resources reasonably and efficiently; developing clean energy and renewable energy; developing technical infrastructure for environmental protection.

4. Prioritize handling environmental pollution, restoring degraded natural ecosystems, and focus on protecting the environment in residential areas.

5. Diversify investment sources for environmental protection; allocate a separate expenditure for environmental protection in the state budget with a gradually increasing rate according to the state budget's capacity and the requirements and tasks of environmental protection; prioritize funding for key environmental protection tasks.

6. Ensure the rights and interests of organizations, communities, households, and individuals contributing to environmental protection activities; provide incentives and support for environmental protection activities; promote environmentally friendly products and services.

7. Strengthen scientific research, develop pollution treatment technology, recycling, and waste management; prioritize the transfer and application of advanced technology, high technology, environmentally friendly technology, and the best available techniques; enhance training of human resources for environmental protection.

8. Honor and reward agencies, organizations, communities, households, and individuals with positive contributions to environmental protection activities in accordance with the law.

9. Expand and strengthen international integration and cooperation, and implement international commitments on environmental protection.

10. Conduct project investment screening according to environmental criteria; apply appropriate environmental management tools at each stage of strategies, plans, programs, and investment projects.

11. Integrate and promote circular economy models and green economy in the construction and implementation of strategies, planning, plans, programs, schemes, and projects for socio-economic development.

Article 6. Acts prohibited in environmental protection activities

1. Transporting, burying, filling, dumping, discharging, or burning solid waste and hazardous waste not in accordance with technical procedures and legal regulations on environmental protection.

2. Discharging wastewater or exhaust gas that has not been treated to meet environmental technical standards into the environment.

3. Releasing harmful substances or viruses capable of infecting humans, animals, or microorganisms into the environment without testing, disposing of animals dead from diseases, and other toxic agents affecting human, organism, and natural health.

4. Causing noise or vibration levels exceeding the permissible limits according to environmental technical standards; emitting smoke, dust, or gas with harmful odors into the air.

5. Implementing investment projects or discharging waste without meeting the conditions prescribed by environmental protection laws.

6. Importing, temporarily importing, re-exporting, or transiting waste from abroad in any form.

7. Illegally importing used vehicles, machinery, and equipment for dismantling or recycling.

8. Failing to implement works, measures, or activities for prevention, response, and remediation of environmental incidents in accordance with environmental protection laws and other relevant legal regulations.

9. Concealing acts that cause environmental pollution, obstructing, falsifying information, or engaging in deceit in environmental protection activities, leading to adverse consequences for the environment.

10. Production and business of products that harm human health, living organisms, and nature; production and use of construction materials containing toxic elements exceeding the permitted level according to environmental technical standards.

11. Production, import, temporary import, re-export, and consumption of substances that deplete the ozone layer as regulated by international treaties on ozone-depleting substances to which the Socialist Republic of Vietnam is a member.

12. Destruction and illegal invasion of natural heritage.

13. Destruction and invasion of works, equipment, and means serving environmental protection activities.

14. Taking advantage of positions and powers to violate the provisions of the law on environmental protection.

Chapter II. PROTECTION OF ENVIRONMENTAL COMPONENTS AND NATURAL HERITAGE

Section 1. PROTECTION OF WATER ENVIRONMENT

Article 7. General regulations on surface water environmental protection

1. The quality of water, sediment, and aquatic environment of surface water sources must be monitored and evaluated; the carrying capacity of the surface water environment must be calculated, determined, and announced.

2. Discharges into surface water must be managed in accordance with the intended use and the carrying capacity of the surface water environment. Environmental impact assessment approval results or environmental licenses shall not be granted for new investment projects that discharge wastewater directly into surface water that has exceeded its carrying capacity as announced by the competent state agency, except in cases where the project owner has a plan to treat the wastewater to meet environmental technical standards for surface water quality before discharge into the receiving environment, or has a plan for recycling and reuse to prevent additional wastewater generation, or in the case of investment projects aimed at pollution treatment, restoration, or improvement of the environmental quality of polluted areas.

3. The protection of river water environments must be based on an integrated river basin management approach, and must be associated with the conservation of biodiversity, protection of aquatic environments, management of water source protection corridors, and the reasonable exploitation and use of water resources.

Article 8. Activities for the protection of surface water environments

1. The content of surface water environment protection includes:

a) Inventorying, assessing, reducing, and treating wastewater discharged into surface water environments;

b) Monitoring, evaluating the quality of water, sediment, and aquatic environments of surface water sources, and disclosing information for the management, exploitation, and use of surface water;

c) Investigating and assessing the carrying capacity of surface water environments; publicly announcing surface water areas that no longer have carrying capacity; assessing wastewater discharge quotas into surface water environments;

d) Treating pollution, rehabilitating, restoring, and improving surface water environments that are polluted;

d) Monitor and assess the quality of transboundary river surface water and sediment environments and share information in accordance with the provisions of environmental protection law, law, and international practices.

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

a) Guide the assessment of the carrying capacity of surface water environments for rivers and lakes; guide the assessment of surface water environmental quality;

b) Organize the implementation of surface water quality assessment, sediment, and the carrying capacity of surface water in inter-provincial rivers and lakes; organize the inventory and assessment of emission sources, pollution levels, and the management of pollution in inter-provincial rivers and lakes; develop and submit to the Prime Minister for issuance a plan for managing surface water quality for inter-provincial rivers and lakes that play an important role in socio-economic development and environmental protection;

c) Inspect the implementation of the surface water quality management plan for interprovincial rivers and lakes and the measures for preventing and mitigating water pollution, improving water quality in interprovincial rivers and lakes.

3. The provincial-level People's Committees have the following responsibilities:

a) Identify rivers and lakes within the province and other surface water sources in the area that play an important role in socio-economic development and environmental protection; determine sanitary protection zones for domestic water intake areas, establish protective corridors for surface water sources in the area; identify spawning areas;

b) Publicize information on discharges into surface water in the area; collect information and data on the current status of surface water environment, pollution sources, and total discharges into surface water belonging to inter-provincial rivers and lakes in the management area as guided by the Ministry of Natural Resources and Environment; direct the organization of damage assessment caused by pollution and handle surface water environmental pollution in the area according to regulations;

c) Organize activities to prevent and control sources of discharge into surface water in the area; implement measures to prevent and reduce surface water pollution, improve surface water quality in the area according to the surface water quality management plan;

d) Organize the assessment of surface water and sediment environmental quality, evaluate the carrying capacity, establish wastewater discharge quotas for surface water sources specified in point a of this clause; announce information on surface water environment in areas that can no longer bear the load;

đ) Issue and implement the surface water quality management plan for the subjects specified in point a of this clause; organize the implementation of the surface water quality management plan for interprovincial rivers and lakes in the area.

Article 9. Surface water quality management plan

1. The management plan for surface water quality for interprovincial rivers and lakes must comply with the National Environmental Protection Plan. The management plan for surface water quality concerning the subjects specified in point a, clause 3, Article 8 of this Law must comply with the National Environmental Protection Plan, the environmental protection content in the regional planning, and the provincial planning.

2. The main contents of the surface water quality management plan include:

a) Assessing and forecasting trends in surface water quality changes; objectives and indicators of the plan; determining the hygienic protection zones of water intake areas for daily use, the protective corridors of surface water sources; determining aquaculture areas;

b) The current status of the distribution of point and diffuse pollution sources generating environmental water pollutants within the affected area; the risk of transboundary surface water pollution;

c) Types and total amounts of pollutants discharged into surface water;

d) Assess the load-bearing capacity, wastewater discharge zoning, wastewater discharge quotas; determine the objectives and roadmap for reducing discharges into surface water that can no longer bear the load;

d) Measures for preventing and mitigating surface water pollution; solutions for cooperation, information sharing, and management of transboundary surface water pollution;

e) Solutions for protecting and improving surface water quality;

g) Organization of implementation.

3. The surface water environmental quality management plan is developed every 5 years.

4. The Government shall stipulate in detail the content, order, and procedures for promulgating the surface water environmental quality management plan.

Article 10. Protection of groundwater environment

1. Groundwater sources must be monitored and assessed to take timely response measures when environmental parameters exceed the allowed limits according to national environmental technical standards or when there is a decline in water levels as prescribed.

2. Activities of exploratory drilling and groundwater exploitation must have measures to prevent groundwater pollution.

3. Facilities using hazardous chemicals or radioactive substances must have measures to ensure that hazardous chemicals or radioactive substances do not leak or spread into groundwater sources.

4. Facilities, warehouses, storage yards for raw materials, fuels, chemicals, and areas for storage and waste treatment must be constructed to ensure technical safety and not cause groundwater pollution.

5. Agencies, organizations, communities, households, and individuals causing groundwater pollution are responsible for treating the pollution.

6. The protection of groundwater must comply with the provisions of this Law, the laws on water resources, and other relevant legal regulations.

7. The Minister of Natural Resources and Environment shall specify detailed regulations on the protection of groundwater.

8. The provincial-level People's Committee is responsible for protecting groundwater in the locality in accordance with the provisions of the law.

Article 11. Protection of the marine environment

1. Discharges into the marine environment must be investigated, assessed, and measures must be taken to prevent, minimize, strictly control, and treat them to meet environmental protection requirements.

2. Marine and island environmental pollution risk areas must be evaluated, identified, and publicly announced in accordance with the provisions of the law on marine and island resources and environment.

3. Activities exploiting marine and island resources, as well as other socio-economic activities, must conform to planning and meet environmental protection and sustainable development requirements.

4. The protection of the marine environment must ensure close and effective coordination among relevant agencies, organizations, and individuals; coordination between Vietnamese state agencies and foreign agencies or organizations in sharing information, assessing marine environmental quality, and controlling transboundary marine pollution.

5. The protection of the marine environment must comply with the provisions of this Law, laws on marine and island resources and environment, and other relevant legal regulations.

Section 2. PROTECTION OF THE ATMOSPHERIC ENVIRONMENT

Article 12. General provisions on air environment protection

1. Organizations, households, and individuals engaged in production, business, or services that emit dust or gases negatively impacting the environment are responsible for minimizing and treating such emissions in accordance with legal regulations.

2. Air quality must be monitored, supervised regularly and continuously, and publicly reported in accordance with the law.

3. The state of air pollution must be promptly notified and warned to minimize impacts on public health.

4. Sources of dust and gas emissions must be monitored, assessed, and controlled in accordance with the law.

Article 13. Air quality management plan

1. The air quality management plan includes the National Air Quality Management Plan and the provincial air quality management plan. The National Air Quality Management Plan must be consistent with the National Environmental Protection Strategy. The provincial air quality management plan must be consistent with the National Air Quality Management Plan and the provincial planning, serving as the basis for organizing the implementation and management of air quality.

2. The duration of the National Air Quality Management Plan is 5 years. The duration of the provincial air quality management plan is determined based on the scope, level of air pollution, management and improvement measures, and the local conditions and implementation resources.

3. The main content of the National Plan on Air Quality Management includes:

a) Assessment of national-level air pollution management and control; identification of the main causes of air pollution;

b) Overall objectives and specific objectives;

c) Tasks and solutions for air quality management;

d) Programs and priority projects to implement tasks and solutions; establishment of coordination regulations, measures for inter-regional and inter-provincial air quality management;

đ) Organization of implementation.

4. The main content of the provincial-level air quality management plan includes:

a) Assessment of the local air quality;

b) Assessment of air quality management activities; air quality monitoring; identification and assessment of main emission sources; emission inventory; air quality modeling;

c) Analyze and assess the causes of air pollution;

d) Evaluate the impact of air pollution on public health;

dd) Objectives and scope of air quality management;

e) Tasks and solutions for air quality management;

g) Organization of implementation.

5. The government shall specify in detail the content, order, and procedures for issuing the air quality management plan.

Article 14. Responsibilities in implementing air quality management

1. The Prime Minister shall issue and direct the implementation of the National Plan for Air Quality Management; direct the implementation of emergency measures in cases where air quality is severely polluted across provinces, regions, and transboundary areas

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

a) Develop and submit to the Prime Minister for issuance the National Plan for Air Quality Management and organize its implementation;

b) Guidance on developing a provincial air quality management plan, methods for assessing air quality.

3. The provincial-level People's Committees have the following responsibilities:

a) Issue and organize the implementation of provincial-level air quality management plans;

b) Assess, monitor, and publicly disclose information on air quality; warn the community and implement treatment measures in case air quality is polluted affecting public health;

c) Organize the implementation of emergency measures in case of severe air pollution in the area.

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

Section 3. PROTECTION OF LAND ENVIRONMENT

Article 15. General provisions on land environment protection

1. Planning, plans, projects, and activities that use land must consider impacts on the land environment, have measures to prevent pollution and environmental degradation, and protect the land environment.

2. Agencies, organizations, communities, households, and individuals using land are responsible for protecting the soil environment; treating, rehabilitating, and restoring the soil environment in areas where soil pollution is caused by themselves.

3. The State handles, rehabilitates, and restores the soil environment in areas where soil pollution is due to historical causes or where the organization or individual causing the pollution cannot be identified.

4. The Government shall stipulate in detail the protection of the soil environment.

Article 16. Classification of soil-polluted areas

1. Soil-polluted areas are land areas with pollutants exceeding permissible levels according to environmental technical standards, adversely affecting the environment and public health.

2. Soil-polluted areas are classified based on the source of pollution, the ability to spread, and the affected subjects.

3. Areas of soil environmental pollution are classified according to the level of pollution, including polluted areas, severely polluted areas, and particularly severely polluted areas.

Article 17. Management of soil environmental quality

1. Soil environmental quality must be investigated, assessed, classified, and publicly disclosed in accordance with the law.

2. Areas of land at risk of pollution must be monitored and supervised.

3. Areas of soil environmental pollution must be investigated, assessed, delineated, treated, rehabilitated, and restored.

4. Land areas contaminated with dioxin originating from herbicides used during the war, persistent pesticides, and other hazardous substances must be investigated, assessed, delineated, and treated to ensure environmental protection requirements.

Article 18. Treatment, rehabilitation, and restoration of soil environment

1. Investigate, assess, and classify areas of soil environmental pollution, determine the causes, scope, and level of pollution, and handle, rehabilitate, and restore the soil environment.

2. Implement measures to control areas of soil environmental pollution, including zoning, warning, prohibiting or restricting activities to minimize impacts on human health.

3. Develop and implement plans for handling, rehabilitating, and restoring the soil environment; giving priority to areas with severe or particularly severe pollution.

4. Monitor and evaluate soil environmental quality after handling, rehabilitating, and restoring the soil environment.

Article 19. Responsibility for protecting the soil environment

1. The Ministry of Natural Resources and Environment has the following responsibilities:

a) Detailed regulations on criteria for identifying and classifying areas of soil environmental pollution according to the level of pollution;

b) Preside over and coordinate with Ministries, ministerial-level agencies, and relevant agencies in the formulation and direction of the implementation of plans for the treatment, remediation, and restoration of severely contaminated land environments as stipulated in Clause 3, Article 15 of this Law; organize investigations, assessments, and disclosure of information on soil environmental quality;

c) Submit to the Prime Minister for issuance of plans for the treatment, remediation, and restoration of areas with severely contaminated land environments as stipulated in Clause 3, Article 15 of this Law;

d) Compile the list of areas with contaminated land environments; develop and update it into the national environmental information system and database, and publicize information on areas with contaminated land environments nationwide.

2. The Ministry of National Defense and the Ministry of Public Security shall take the lead, in coordination with the provincial-level People’s Committees, in organizing the handling, remediation, and restoration of defense land, security land, and other areas contaminated by soil pollution in accordance with the law.

3. The provincial-level People's Committees have the following responsibilities:

a) Conduct investigation, assessment, identification, and zoning of areas at risk of soil pollution, areas contaminated by soil pollution in the locality, and determine the responsibility of organizations and individuals causing pollution;

b) Handle areas contaminated by soil pollution, areas severely contaminated by soil pollution in cases specified in Clause 3, Article 15 of this Law;

c) Report to the Ministry of Natural Resources and Environment on areas showing signs of trans-provincial soil pollution and areas severely contaminated by soil pollution;

d) Update information on areas contaminated by soil pollution in the locality into the environmental information system and database as prescribed.

Section 4. PROTECTION OF NATURAL HERITAGE ENVIRONMENT

Article 20. Natural Heritage

1. Natural heritage includes:

a) National parks, nature reserves, species-habitat conservation areas, landscape protection areas established in accordance with the provisions of the law on biodiversity, forestry, and fisheries; scenic spots recognized as cultural heritage established in accordance with the provisions of the law on cultural heritage;

b) Natural heritage recognized by international organizations;

c) Other natural heritage established or recognized in accordance with the provisions of this Law.

2. The establishment and recognition of natural heritage under point c, clause 1 of this Article shall be based on one of the following criteria:

a) Having outstanding, unique, or rare natural beauty;

b) Having typical value regarding the process of ecological, biological evolution or the natural habitat of endangered, precious, rare, endemic species, or containing specific ecosystems, representing a natural ecological region or having special biodiversity values that need to be preserved;

c) Having outstanding, unique geological or geomorphological features, or containing material traces of the Earth's developmental stages;

d) Having special importance in regulating climate, protecting water sources, maintaining ecological balance, and providing natural ecosystem services.

3. The Government shall stipulate in detail the criteria, sequence, procedures, and authority for establishing and recognizing natural heritage as prescribed in point c, clause 1 of this Article; as well as the sequence, procedures, and authority for nominating and recognizing natural heritage as stipulated in point b, clause 1 of this Article.

Article 21. Contents of natural heritage environmental protection

1. Investigate, assess, manage, and protect the natural heritage environment.

2. Protecting the natural heritage environment is a component of the national environmental protection planning, regional planning, and provincial planning.

3. Agencies, organizations, communities, households, and individuals are responsible for protecting natural heritage. Organizations, communities, households, and individuals participating in the management and protection of the natural heritage environment are entitled to benefits from payments for natural ecosystem services in accordance with the law.

4. The Government shall provide detailed regulations for Clause 1 of this Article.

Chapter III. NATIONAL ENVIRONMENTAL PROTECTION STRATEGY, NATIONAL ENVIRONMENTAL PROTECTION PLANNING; CONTENT OF ENVIRONMENTAL PROTECTION IN REGIONAL PLANNING, PROVINCIAL PLANNING

Article 22. National Environmental Protection Strategy

1. The national environmental protection strategy is the basis for developing the national environmental protection planning, integrating environmental protection requirements into the socio-economic development strategy and planning.

2. The content of the national environmental protection strategy includes:

a) Perspectives, vision, and objectives;

b) Tasks;

c) Implementation solutions;

d) Key programs, schemes, and projects;

e) Plans and resources for implementation.

3. The national environmental protection strategy is developed for a 10-year period, with a 30-year vision.

4. The Ministry of Natural Resources and Environment develops and submits the national environmental protection strategy to the Prime Minister for approval.

Article 23. National Environmental Protection Planning

1. The basis for developing the national environmental protection planning is carried out in accordance with the provisions of the law on planning and the following bases:

a) The national environmental protection strategy for the same development period;

b) Climate change scenarios in the same development period.

2. The content of the national environmental protection planning; the establishment, appraisal, approval, and adjustment of the national environmental protection planning, and the period of the national environmental protection planning shall be carried out in accordance with the provisions of the law on planning.

3. The Ministry of Natural Resources and Environment shall organize the preparation of the national environmental protection planning.

4. The Government shall regulate the determination of environmental zoning in the national environmental protection planning.

Article 24. Environmental protection content in regional and provincial planning

1. The environmental protection content in regional and provincial planning must comply with the provisions of the law on planning.

2. The Government regulates the determination of environmental zoning in provincial planning. The Ministry of Natural Resources and Environment develops environmental protection content in regional planning; guides the development of environmental protection content in provincial planning.

3. The provincial specialized agency for environmental protection develops environmental protection content in provincial planning.

Chapter IV. STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT, ENVIRONMENTAL PERMITS

Section 1. STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 25. Subjects required to implement strategic environmental assessment

1. Strategies for national-level exploitation and use of resources.

2. National master plan; National marine spatial planning; National land use planning; regional planning; provincial planning; planning of special administrative-economic units.

3. Development strategies for sectors and fields on a national or regional scale, national sectoral planning, and technical or specialized planning that have significant environmental impact, as listed by the Government.

4. Adjusting the objectives of the planning as prescribed in Clauses 2 and 3 of this Article.

Article 26. Implementation of strategic environmental assessment

1. Agencies and organizations assigned with the task of developing strategies and plans as prescribed in Article 25 of this Law are responsible for conducting a strategic environmental assessment simultaneously with the development of those strategies and plans.

2. The results of the strategic environmental assessment of the strategies specified in Clauses 1 and 3 of Article 25 of this Law shall be integrated into the dossier submitted for strategy approval.

3. The results of the strategic environmental assessment of the plans specified in Clauses 2 and 3 of Article 25 of this Law shall be prepared as a separate report attached to the dossier submitted for plan appraisal.

4. The agency in charge of appraising the planning is responsible for appraising the results of the strategic environmental assessment during the planning appraisal process. The agency approving the strategy is responsible for considering the results of the strategic environmental assessment during the approval process.

5. The Ministry of Natural Resources and Environment shall provide written opinions on the content of the strategic environmental assessment for the strategy or planning.

6. The results of the strategic environmental assessment are one of the bases for the competent authority to consider approving the strategy or planning.

Article 27. Content of the strategic environmental assessment

1. The content of the strategic environmental assessment of the strategy includes:

a) Assess the suitability of policies related to environmental protection in the strategy with the viewpoints, objectives, and policies on environmental protection and sustainable development, international treaties on environmental protection to which the Socialist Republic of Vietnam is a member, and in accordance with the provisions of this Law;

b) Propose adjustments or improvements to the content of the strategy to ensure alignment with the viewpoints, objectives, and policies on environmental protection and sustainable development, international treaties on environmental protection to which the Socialist Republic of Vietnam is a member, and in accordance with the provisions of this Law.

2. The contents of the strategic environmental assessment of the planning include:

a) The contents of the planning that may impact the environment;

b) The scope of the strategic environmental assessment;

c) Environmental components and natural heritage that may be affected by the planning;

d) Methods for strategic environmental assessment that have been applied;

d) Comparing and evaluating the compatibility of planning viewpoints and objectives with viewpoints, objectives, and policies on environmental protection, strategies, National Environmental Protection Plan, environmental protection contents in regional planning, and provincial planning;

e) Results of identifying the main environmental issues that are positive and negative in the planning;

g) Impacts of climate change;

h) Results of forecasting positive and negative trends of the main environmental issues when implementing the plan; solutions to maintain positive trends and minimize negative trends of the main environmental issues;

i) Directions for environmental protection in the process of implementing the plan;

k) Results of consulting relevant stakeholders during the strategic environmental assessment process;

l) Issues to be noted regarding environmental protection (if any), recommendations for directions and remedial solutions.

3. The Minister of Natural Resources and Environment shall stipulate the details of this Article.

Section 2. ENVIRONMENTAL CRITERIA FOR CLASSIFYING INVESTMENT PROJECTS, PRELIMINARY ENVIRONMENTAL IMPACT ASSESSMENT

Article 28. Environmental criteria for classifying investment projects

1. Environmental criteria for classifying investment projects include:

a) Scale, capacity, type of production, business, services;

b) Land use area, land with water surface, sea areas; scale of natural resource exploitation;

c) Environmental sensitive factors include concentrated residential areas; water sources used for domestic water supply purposes; nature reserves as prescribed by the law on biodiversity and fisheries; types of forests as prescribed by the law on forestry; tangible cultural heritage, other natural heritage; land for wet rice cultivation of 2 crops or more; important wetland areas; requirements for relocation and resettlement and other sensitive environmental factors.

2. Based on the environmental criteria prescribed in Clause 1 of this Article, investment projects are classified into groups I, II, III, and IV.

3. Group I investment projects are projects with a high risk of adverse environmental impact, including:

a) Projects of production, business, and service types that are likely to cause environmental pollution on a large scale and capacity; projects implementing hazardous waste treatment services; projects importing scrap from abroad as production materials;

b) Projects in the form of production, business, and services that have a risk of causing environmental pollution with medium scale and capacity but have environmentally sensitive factors; projects that are not in the form of production, business, and services that have a risk of causing environmental pollution with large scale and capacity but have environmentally sensitive factors;

c) Projects that use land, water surface land, or marine areas with large scale or medium scale but have environmentally sensitive factors;

d) Projects that exploit mineral resources or water resources with large scale and capacity or with medium scale and capacity but have environmentally sensitive factors;

dd) Projects that require the conversion of land use for medium scale or larger but have environmentally sensitive factors;

e) Projects that require large-scale relocation and resettlement.

4. Group II investment projects are projects that have a risk of adversely affecting the environment, except for the projects specified in Clause 3 of this Article, including:

a) Projects in the form of production, business, or services that have the potential to cause environmental pollution at a medium scale or capacity;

b) Projects in the form of production, business, or services that have the potential to cause environmental pollution at a small scale or capacity but have environmentally sensitive factors; projects not in the form of production, business, or services that have the potential to cause environmental pollution at a medium scale or capacity but have environmentally sensitive factors;

c) Projects that use land, water surface land, or sea areas at a medium scale or at a small scale but have environmentally sensitive factors;

d) Projects that exploit minerals or water resources at a medium scale or capacity, or at a small scale or capacity but have environmentally sensitive factors;

đ) Projects that require a change in land use purpose at a small scale but have environmentally sensitive factors;

e) Projects that require resettlement or relocation at a medium scale.

5. Group III investment projects are projects with low risk of adverse environmental impact, except for projects specified in Clauses 3 and 4 of this Article, including:

a) Projects of production, business, or service types with potential environmental pollution risks but on a small scale and capacity;

b) Projects not of production, business, or service types with potential environmental pollution risks that generate wastewater, dust, or emissions that must be treated, or that generate hazardous waste that must be managed according to waste management regulations.

6. Group IV investment projects are projects with no risk of adverse environmental impact, including projects not specified in Clauses 3, 4, and 5 of this Article.

7. The Government shall provide detailed regulations for Clause 1 and issue a list of types of investment projects specified in Clauses 3, 4, and 5 of this Article.

Article 29. Preliminary Environmental Impact Assessment

1. The subjects required to carry out a preliminary environmental impact assessment are Group I investment projects as stipulated in Clause 3, Article 28 of this Law.

2. The timing for conducting the preliminary environmental impact assessment is during the pre-feasibility study stage of construction investment, the proposal for investment policy, or the request for approval of investment policy for investment projects that are subject to requiring a decision or approval of investment policy according to the provisions of the law on investment, public investment, investment under the public-private partnership model, and construction.

3. The content of the preliminary environmental impact assessment includes:

a) Evaluating the suitability of the investment project's location with the National Environmental Protection Strategy, the National Environmental Protection Planning, the environmental protection contents in regional planning, provincial planning, and other relevant planning.

b) Identify and forecast the main environmental impacts of the investment project on the environment based on the scale, production technology, and project implementation location;

c) Identify environmentally sensitive elements of the area where the investment project is implemented according to location options (if any);

d) Analyze, evaluate, and select options regarding scale, production technology, waste treatment technology, project implementation location, and measures to mitigate environmental impacts;

đ) Determine the main environmental issues and the scope of environmental impacts that need to be noted during the environmental impact assessment process.

4. Agencies, organizations, and individuals proposing investment projects under the subjects specified in Clause 1 of this Article shall conduct a preliminary environmental impact assessment. The content of the preliminary environmental impact assessment will be considered by the competent state authority simultaneously with the dossier requesting a decision or approval of the investment policy.

Section 3. ENVIRONMENTAL IMPACT ASSESSMENT

Article 30. Subjects required to carry out environmental impact assessments

1. Subjects required to carry out environmental impact assessments include:

a) Group I investment projects as specified in Clause 3, Article 28 of this Law;

b) Group II investment projects as specified in points c, d, đ, and e, Clause 4, Article 28 of this Law.

Amended and supplemented provisions:

2. Subjects specified in Clause 1 of this Article that belong to urgent public investment projects according to the provisions of the law on public investment are not required to carry out environmental impact assessments.

Article 31. Conducting environmental impact assessments

1. Environmental impact assessment is carried out by the investor itself or through a consulting unit that is qualified to perform it. The environmental impact assessment is conducted simultaneously with the preparation of the feasibility study report or documents equivalent to the project's feasibility study report.

2. The results of the environmental impact assessment are presented in an environmental impact assessment report.

3. Each investment project prepares one environmental impact assessment report.

Article 32. Contents of the environmental impact assessment report

1. The main contents of the environmental impact assessment report include:

a) Origin of the investment project, the investor, the competent authority approving the investment project; legal and technical basis; environmental impact assessment methods and other methods used (if any);

b) The compatibility of the investment project with the National Environmental Protection Plan, regional planning, provincial planning, provisions of the law on environmental protection, and other relevant legal regulations;

c) Assessment of the selection of technology, project works, and activities of the investment project that may have adverse impacts on the environment;

d) Natural conditions, socio-economic conditions, biodiversity; assessment of the current environmental status; identification of objects affected, environmentally sensitive factors at the investment project site; explanation of the suitability of the selected site for implementing the investment project;

d) Identification, assessment, and forecasting of the main environmental impacts, waste generated at different stages of the investment project on the environment; scale and nature of the waste; impacts on biodiversity, natural heritage, historical and cultural monuments, and other sensitive factors; impacts due to site clearance, resettlement, and relocation (if any); identification and assessment of potential environmental incidents of the investment project;

e) Works, measures for collection, storage, and treatment of waste;

g) Measures to mitigate other negative impacts of the investment project on the environment; environmental restoration and rehabilitation plan (if any); biodiversity compensation plan (if any); plan for prevention and response to environmental incidents;

h) Environmental management and monitoring program;

i) Consultation results;

k) Conclusions, recommendations, and commitments of the project owner.

2. The Minister of Natural Resources and Environment shall provide detailed regulations for this Article.

Article 33. Consultation in environmental impact assessment

1. Subjects to be consulted include:

a) Communities and individuals directly affected by the investment project;

b) Agencies and organizations directly related to the investment project.

2. Responsibilities for conducting consultations are stipulated as follows:

a) The investment project owner must conduct consultations with the subjects specified in Clause 1 of this Article and is encouraged to consult experts during the environmental impact assessment process;

b) Agencies and organizations specified in point b, Clause 1 of this Article are responsible for responding in writing to the investment project owner regarding the consulted content within the prescribed time; if the prescribed time expires without a written response, it shall be considered as agreement with the consulted content.

3. The content of consultation in the process of conducting environmental impact assessment includes:

a) The location of the investment project;

b) The environmental impact of the investment project;

c) Measures to mitigate negative impacts on the environment;

d) Environmental management and monitoring programs; plans for prevention and response to environmental incidents;

e) Other contents related to the investment project.

4. Consultation is carried out through posting on the electronic information page and one or more of the following forms:

a) Organizing meetings to collect opinions;

b) Collecting opinions in writing.

5. The results of the consultation are important information for the project owner to study in order to propose solutions to minimize the investment project's impact on the environment and complete the environmental impact assessment report. The consultation results must be received, fully and honestly reflecting the opinions and recommendations of the consulted subjects and stakeholders of the investment project (if any). In cases where opinions or recommendations are not accepted, the project owner must provide a full and clear explanation. The project owner is legally responsible for the content and results of the consultation in the environmental impact assessment report.

6. Investment projects categorized as state secrets are not required to conduct consultations.

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

Article 34. Appraisal of the environmental impact assessment report

1. The dossier for requesting appraisal of the environmental impact assessment report includes:

a) A written request for the appraisal of the environmental impact assessment report;

b) Environmental impact assessment report;

c) Feasibility study report or documents equivalent to the feasibility study report of the investment project.

2. For construction investment projects subject to appraisal of the feasibility study report by specialized construction authorities under the provisions of construction law, the project owner can submit the dossier requesting appraisal of the environmental impact assessment report simultaneously with the dossier requesting appraisal of the feasibility study report; the submission time is decided by the project owner but must be ensured before the conclusion of the feasibility study report appraisal.

3. The appraisal of the environmental impact assessment report is regulated as follows:

a) The appraisal agency shall issue a decision to establish the appraisal council consisting of at least 07 members; send the decision to establish the council along with the documents specified in points b and c of Clause 1 of this Article to each council member;

b) The appraisal council must have at least one-third of the total members as experts. An expert who is a council member must have expertise in the environment or other fields related to the investment project and have at least 07 years of work experience if holding a bachelor's degree or an equivalent diploma, at least 03 years if holding a master's degree or an equivalent diploma, at least 02 years if holding a doctoral degree or an equivalent diploma;

c) Experts participating in the environmental impact assessment of an investment project shall not participate in the council appraising the environmental impact assessment report of that project;

d) In the case where an investment project involves discharging wastewater into a hydraulic works, the appraisal council must include a representative from the state agency managing that hydraulic work; the appraisal agency must obtain written opinions and reach a consensus with the state agency managing the hydraulic work before approving the appraisal results. The state agency managing the hydraulic work is responsible for sending members to participate in the appraisal council and providing written opinions on the approval of the appraisal results within the feedback period; if there is no written response by the end of the feedback period, it is considered as agreeing with the content of the environmental impact assessment report;

d) Members of the appraisal council are responsible for studying the appraisal proposal file, writing a review on the appraisal content as provided in Clause 7 of this Article, and are legally responsible for their own comments and evaluations;

e) The appraisal agency shall review, evaluate, and consolidate the opinions of the members of the appraisal council and the opinions of relevant agencies or organizations (if any) as a basis for deciding on the approval of the environmental impact assessment report results.

4. When necessary, the appraisal agency shall organize field surveys and gather opinions from agencies, organizations, and experts to appraise the environmental impact assessment report.

5. During the appraisal period, if there is a requirement to amend or supplement the environmental impact assessment report, the appraisal agency is responsible for notifying the investment project owner in writing to implement the changes.

6. The appraisal period for the environmental impact assessment report is calculated from the date of receipt of a complete and valid dossier and is stipulated as follows:

a) No more than 45 days for Group I investment projects as stipulated in Clause 3, Article 28 of this Law;

b) No more than 30 days for Group II investment projects as prescribed in points c, d, đ, and e of Clause 4, Article 28 of this Law;

c) Within the time limits prescribed in points a and b of this Clause, the appraisal agency is responsible for notifying the investor in writing about the appraisal results. The time taken by the investor to revise and supplement the environmental impact assessment report as requested by the appraisal agency, and the time for consideration and approval as prescribed in Clause 9 of this Article, shall not be included in the appraisal period;

d) The appraisal period prescribed in points a and b of this Clause may be extended by the decision of the Prime Minister.

7. The content of the environmental impact assessment appraisal includes:

a) Compliance with the national environmental protection plan, regional plan, provincial plan, and the provisions of the law on environmental protection;

b) The suitability of the environmental impact assessment method and other methods used (if any);

c) The appropriateness in identifying and determining the categories of works and activities of the investment project that may negatively impact the environment;

d) The suitability of the results of the assessment of the current environmental status, biodiversity; identification of affected objects, environmentally sensitive factors at the investment project site;

d) The appropriateness of the results of identification, forecasting of major impacts, waste generated from the investment project to the environment; forecasting of environmental incidents;

e) The suitability and feasibility of projects and environmental protection measures; plans for environmental restoration and rehabilitation (if any); plans for biodiversity compensation (if any); plans for prevention and response to environmental incidents of the investment project;

g) The suitability of the environmental management and monitoring program; the completeness and feasibility of the environmental protection commitments of the investment project owner.

8. The Prime Minister decides on the organization of the appraisal of the environmental impact assessment report of investment projects that exceed the capacity for appraisal domestically and require hiring foreign consultants for appraisal. The results of the environmental impact assessment report appraisal by foreign consultants are the basis for the competent state authorities specified in Article 35 of this Law to approve the results of the environmental impact assessment report appraisal.

9. Within 20 days from the date of receiving the environmental impact assessment report that has been revised and supplemented as requested (if any) by the appraisal agency, the head of the appraisal agency is responsible for making a decision to approve the appraisal results of the environmental impact assessment report; in case of non-approval, a written response must be given to the investment project owner, clearly stating the reasons.

10. The submission of the dossier requesting the appraisal of the environmental impact assessment report, the reception, resolution, and notification of the appraisal results of the environmental impact assessment report are carried out through one of the following methods: direct submission, by postal service, or electronic submission through the online public service system as requested by the investment project owner.

11. The Minister of Natural Resources and Environment shall stipulate in detail the organization and operation of the appraisal council; publicly disclose the list of the appraisal council; the forms of documents and materials of the dossier requesting appraisal of the environmental impact assessment report, the decision approving the appraisal results of the environmental impact assessment report; the time limit for collecting opinions prescribed in Point d, Clause 3 of this Article.

Article 35. Authority to appraise environmental impact assessment reports

1. The Ministry of Natural Resources and Environment shall organize the appraisal of environmental impact assessment reports for the following investment projects, except for investment projects specified in Clause 2 of this Article:

a) Group I investment projects as specified in Clause 3, Article 28 of this Law;

b) Group II investment projects specified in points c, d, đ, and e of clause 4 Article 28 of this Law fall under the authority to decide or approve investment policies of the National Assembly or the Prime Minister; investment projects located in areas spanning two or more provincial-level administrative units; investment projects located in sea areas where the administrative management responsibility of the provincial-level People's Committee has not been determined; investment projects under the authority to grant mineral exploitation licenses, grant licenses for water resource exploitation and use, grant permits for sea dumping, or decide on the allocation of sea areas by the Ministry of Natural Resources and Environment.

2. The Ministry of National Defense and the Ministry of Public Security organize the appraisal of environmental impact assessment reports for investment projects that are state secrets related to national defense and security.

3. The provincial-level People's Committee shall organize the appraisal of the environmental impact assessment report for investment projects in the area, except for the subjects specified in clauses 1 and 2 of this Article. Ministries and ministerial-level agencies are responsible for coordinating with the provincial-level People's Committee where the project is located to appraise the environmental impact assessment report for investment projects under their authority to decide on investment policy and investment decisions.

Article 36. Decision on approval of the results of appraisal of environmental impact assessment reports

1. The decision to approve the results of appraisal of the environmental impact assessment report is one of the bases for competent authorities to carry out the following tasks:

a) Granting or adjusting mineral exploitation licenses for mineral exploitation investment projects;

b) Approving exploration plans and mine development plans for oil and gas exploration and exploitation investment projects;

c) Approve the feasibility study report for investment projects under the public-private partnership method;

d) Conclude the appraisal of the feasibility study report for construction investment projects;

d) Issue environmental permits;

e) Issue marine dumping permits; decide on the allocation of marine areas;

g) Decide on investment for investment projects not falling under the subjects prescribed in points a, b, c, d, đ, and e of this clause.

2. Except for investment projects related to state secrets, the appraisal agency shall send the decision approving the appraisal results of the environmental impact assessment report to the investor and the relevant agencies according to the following provisions:

a) The Ministry of Natural Resources and Environment sends it to the provincial-level People's Committee where the investment project is carried out and to other agencies as prescribed by relevant laws. The provincial-level People's Committee sends it to the provincial specialized agency on environmental protection, the district-level People's Committee, the commune-level People's Committee where the investment project is carried out, and the management board of industrial zones, export processing zones, high-tech zones, economic zones of the province or centrally-run city for investment projects carried out in concentrated production, business, or service areas;

b) The provincial People's Committee shall send to the Ministry of Natural Resources and Environment, the provincial specialized agency for environmental protection, the district People's Committee, the commune People's Committee where the investment project is implemented, and the management board of the industrial park, export processing zone, high-tech park, and economic zone of the province or centrally-run city for investment projects carried out in concentrated production, business, and service areas.

3. In the event of a change in the investor, the new investor is responsible for continuing to implement the decision approving the result of the environmental impact assessment and notifying the environmental impact assessment appraisal agency and the provincial specialized agency for environmental protection.

Article 37. Responsibilities of the investor after the decision approving the result of the environmental impact assessment appraisal

1. Adjust and supplement the content of the investment project and the environmental impact assessment report to be consistent with the content and environmental protection requirements stated in the decision approving the appraisal results of the environmental impact assessment report.

2. Fully implement the contents in the decision approving the appraisal results of the environmental impact assessment report.

3. There is a written notice of the completion results of environmental protection works for the agency that approved the assessment results of the environmental impact report before officially putting the project into operation in cases where the investment project is not subject to an environmental permit.

4. During the preparation and implementation of the investment project before operation, in case of changes compared to the decision approving the assessment results of the environmental impact report, the investor has the following responsibilities:

a) Conduct an environmental impact assessment for the investment project in the event of any changes in scale, capacity, production technology, or other changes that increase the negative impact on the environment;

b) Report to the competent state authority to be considered and approved during the environmental permit issuance process for investment projects that are subject to environmental permits in the case of changes in production technology, waste treatment technology, or the direct discharge location of treated wastewater into water sources, but not falling under the provisions of point a of this clause; add sectors and industries to attract investment into concentrated production, business, service areas, or industrial clusters;

c) Self-assess the environmental impact, consider, decide, and take responsibility before the law for other changes not covered by the provisions of points a and b of this clause; integrate into the environmental permit application report (if any).

5. Publicly disclose the environmental impact assessment report that has been approved following the appraisal results in accordance with Article 114 of this Law, except for information classified as state secrets or business secrets as prescribed by law.

6. Comply with other requirements as prescribed by environmental protection laws.

7. The Government shall provide detailed regulations for Clause 4 of this Article.

Article 38. Responsibilities of the agencies appraising environmental impact assessment reports

1. Be responsible for the appraisal results and the decision to approve the appraisal results of the environmental impact assessment report.

2. Publicly post on the electronic information portal the decision to approve the appraisal results of the environmental impact assessment report, except for information classified as state secrets or business secrets as prescribed by law.

3. Build and integrate the environmental impact assessment database into the national environmental database.

Section 4. ENVIRONMENTAL PERMIT

Article 39. Subjects required to have an environmental license

1. Investment projects in group I, group II, and group III that generate wastewater, dust, or emissions released into the environment must be treated, or that generate hazardous waste must be managed according to waste management regulations when officially operating.

2. Investment projects, facilities, production areas, business, and service clusters, and industrial zones operating before the effective date of this Law that meet environmental criteria are considered subjects as stipulated in Clause 1 of this Article.

Amended and supplemented provisions:

3. Subjects stipulated in Clause 1 of this Article that are urgent public investment projects as prescribed by the law on public investment are exempt from obtaining an environmental license.

Article 40. Contents of the environmental license

1. The content of the environmental permit includes general information about the investment project, facility, concentrated production and business areas, services, industrial clusters; environmental licensing content; environmental protection requirements; the validity period of the environmental permit; other content (if any).

2. The content of the environmental licensing includes:

a) Sources of wastewater generation; maximum wastewater discharge flow; wastewater stream; pollutants and the limit values of pollutants according to the wastewater stream; location, method of wastewater discharge, and wastewater receiving sources;

b) Sources of air emissions; maximum air emission flow; air emission stream; pollutants and the limit values of pollutants according to the air emission stream; location, method of air emission;

c) Sources of generation and limit values for noise and vibration;

d) Works and systems of hazardous waste treatment equipment; hazardous waste codes and the permitted quantity for treatment, the number of hazardous waste transfer stations, operational areas for investment projects, and facilities providing hazardous waste treatment services;

d) Types and quantities of scrap materials allowed for import for investment projects and facilities that import scrap from abroad as raw materials for production.

3. Environmental protection requirements include:

a) Having works and measures for collecting and treating wastewater, exhaust gas, reducing noise and vibration to meet requirements; in case of discharging wastewater into irrigation works, there must be environmental protection requirements for the water source of the irrigation works;

b) Having measures, systems, works, and equipment for storing, transporting, transferring, pre-processing, and treatment that meet technical and management procedures for investment projects and facilities performing hazardous waste treatment services;

c) Having warehouses and yards for storing scrap materials that meet regulations; recycling equipment systems; impurity treatment plans; re-export plans for investment projects or facilities that import scrap from abroad as production materials;

d) Having environmental management and monitoring plans, plans for environmental accident prevention and response; equipment and works for preventing and responding to environmental incidents, environmental monitoring;

đ) Management of household solid waste, common industrial solid waste, hazardous waste; environmental restoration and rehabilitation; biodiversity compensation according to legal regulations;

e) Other environmental protection requirements (if any).

4. The validity period of the environmental permit is regulated as follows:

a) 07 years for Group I investment projects;

b) 7 years for production, business, and service establishments, concentrated production, business, and service areas, industrial clusters operating before the effective date of this Law that meet environmental criteria like Group I investment projects;

c) 10 years for subjects not specified in points a and b of this clause;

d) The term of the environmental permit may be shorter than the terms specified in points a, b, and c of this clause at the proposal of the investment project owner, establishment, or the investor in constructing and operating the infrastructure of concentrated production, business, and service areas, industrial clusters (hereinafter collectively referred to as the investment project owner, establishment).

5. The Minister of Natural Resources and Environment shall promulgate the environmental permit template.

Article 41. Authority to grant environmental permits

1. The Ministry of Natural Resources and Environment shall grant environmental permits to the following subjects, except for cases specified in clause 2 of this Article:

a) Objects specified in Article 39 of this Law have had their environmental impact assessment reports approved by the Ministry of Natural Resources and Environment;

b) Objects specified in Article 39 of this Law are located in the territory of two or more provincial-level administrative units or are located in the sea area whose administrative management responsibility of the provincial People's Committee has not been determined; facilities that import scrap from abroad as production materials, facilities performing hazardous waste treatment services.

2. The Ministry of National Defense and the Ministry of Public Security shall grant environmental licenses for investment projects and facilities that are state secrets concerning national defense and security.

3. The provincial People's Committees shall grant environmental licenses for the following objects, except in cases specified in Clauses 1 and 2 of this Article:

a) Group II investment projects specified in Article 39 of this Law;

b) Group III investment projects as prescribed in Article 39 of this Law are located in the areas of two or more district-level administrative units;

c) Subjects specified in Clause 2, Article 39 of this Law have been approved for the environmental impact assessment results by the Provincial People's Committee or the Ministry, ministerial-level agency.

4. The district-level People's Committee grants environmental licenses to entities prescribed in Article 39 of this Law, except for cases prescribed in Clauses 1, 2, and 3 of this Article.

Article 42. Basis and timing for granting environmental licenses

1. The basis for granting environmental licenses includes:

a) The application dossier for granting environmental licenses as prescribed in Clause 1, Article 43 of this Law;

b) Environmental impact assessment report approved by the competent state authority (if any);

c) National environmental protection planning, provincial planning, environmental zoning, environmental carrying capacity according to the decision of the competent state authority, except as provided in point e of this clause;

d) Environmental technical standards;

đ) The provisions of the law on environmental protection, water resources, and other relevant legal regulations;

e) At the time of issuing the environmental permit, in case the national environmental protection planning, provincial planning, environmental zoning, and environmental carrying capacity have not yet been promulgated by the competent state authority, the issuance of the environmental permit shall be based on points a, b, d, and đ of this clause.

2. The timing of issuing the environmental permit is regulated as follows:

a) Investment projects that are subject to environmental impact assessment must have an environmental permit before testing the operation of the waste treatment facility, except in cases specified in point c of this clause;

b) Investment projects that are not subject to environmental impact assessment must have an environmental permit before being issued documents by the competent state authority as prescribed in points a, b, c, d, and g of clause 1, Article 36 of this Law. In the case of investment projects for construction that are not subject to feasibility report appraisal by the specialized construction agency under the provisions of construction law, they must have an environmental permit before being issued or adjusted a construction permit by the competent state authority;

c) For investment projects specified in Clause 2, Article 39 of this Law that are conducting trial operation of waste treatment works in accordance with the law before this Law comes into effect, the investor may choose to continue the trial operation in order to be granted an environmental license after completing the trial operation of the waste treatment works, or prepare documentation to be granted an environmental license before the trial operation period expires. The investor is not required to conduct the trial operation of the waste treatment works again, but the results of the completed trial operation must be reported and evaluated in accordance with the provisions of Article 46 of this Law;

d) Production, business, service establishments, concentrated production, business, service areas, and industrial clusters specified in Clause 2, Article 39 of this Law that have officially come into operation before the effective date of this Law must obtain an environmental permit within 36 months from the effective date of this Law, except for cases that have been granted certification by a competent authority of environmental protection project completion, environmental standard certification, certification of sufficient conditions for environmental protection in importing foreign waste as production materials, hazardous waste treatment permit, wastewater discharge permit into water sources, wastewater discharge permit into irrigation works (hereinafter collectively referred to as component environmental permits). The component environmental permit shall continue to be used as an environmental permit until the expiration of the component environmental permit or shall continue to be used for a period of 5 years from the effective date of this Law in case the component environmental permit does not specify a term.

3. In cases where an investment project or a production, business, service facility, concentrated production, business, service area, or industrial cluster is implemented in multiple phases and has multiple works or construction items, the environmental permit can be issued for each phase, work, or construction item that generates waste. Subsequent environmental permits will integrate the content of the previously issued environmental permits that are still valid.

4. The environmental permit serves as a basis for carrying out the following activities:

a) Conducting inspection, examination, and supervision by the competent state authorities over the environmental protection activities of the investment project, facility, concentrated production, business, service area, or industrial cluster;

b) Fulfilling the environmental protection responsibilities of the investor or facility owner.

5. In cases of changes in the name of the investment project, facility, production, business, or service center, industrial cluster, or the project owner, the project owner or facility is responsible for continuing to carry out the environmental permit and notifying the environmental permit issuing agency to be issued a revised permit.

6. From the effective date of the environmental permit, the decision approving the results of the environmental impact assessment report appraisal, and the component environmental permits shall expire.

Article 43. Dossier, order, and procedures for granting environmental permits

1. The dossier for requesting an environmental permit includes:

a) A written request for an environmental permit;

b) A report proposing the issuance of an environmental permit;

c) Other legal and technical documents of the investment project, facilities, concentrated production, business, service areas, industrial clusters.

2. The order and procedures for granting environmental permits are regulated as follows:

a) The investor or facility submits an application for an environmental permit to the competent authority specified in Article 41 of this Law. The application can be submitted directly, by mail, or electronically through the online public service system;

b) The competent authority to grant environmental permits is responsible for organizing the reception and checking the completeness and validity of the dossiers; publicly disclosing the content of the report proposing the issuance of an environmental permit, except for information classified as state secrets or business secrets in accordance with the law; consulting opinions of relevant agencies, organizations, and individuals; verifying the actual information of investment projects, facilities, concentrated production, business, service areas, and industrial clusters; organizing the appraisal and issuance of environmental permits. The procedure for receiving and resolving administrative procedures and notifying results is carried out directly, via postal service, or by sending electronic copies through the online public service system as requested by the investment project owner or facility;

c) In the case of investment projects, facilities, concentrated production, business, and service areas, or industrial clusters that discharge wastewater into irrigation works, the environmental licensing authority must obtain written opinions and achieve the consensus of the state management agency of the irrigation works before granting the environmental permit;

d) In the case of investment projects or facilities located in concentrated production, business, and service areas, or industrial clusters, the environmental licensing authority must obtain written opinions from the investor in charge of constructing and operating the infrastructure of that concentrated production, business, and service area or industrial cluster before granting the environmental permit.

3. The granting of environmental licenses is carried out based on the appraisal of the report proposing the issuance of an environmental license. The authority competent to grant environmental licenses shall establish an appraisal council and an inspection team according to the provisions of the Government. For investment projects, establishments, production, business, and service zones, or industrial clusters that discharge wastewater into irrigation works, the representatives of the state agency managing such irrigation works must be included in the appraisal council and inspection team for the report proposing the issuance of an environmental license. The state agency managing the irrigation works is responsible for appointing members to participate in the appraisal council and inspection team, providing written opinions on the issuance of the environmental license within the consultation period; in case no written response is received by the end of the consultation period, it shall be considered as agreement with the issuance of the environmental license.

4. The duration for issuing the environmental permit is calculated from the date of receiving a complete and valid application and is regulated as follows:

a) Not more than 45 days for environmental permits under the authority of issuance by the Ministry of Natural Resources and Environment, the Ministry of National Defense, and the Ministry of Public Security;

b) Not exceeding 30 days for environmental permits under the authority of issuance by the provincial People's Committee or the district People's Committee;

c) The competent authority issuing environmental permits may stipulate a shorter validity period for the environmental permit compared to the period specified in points a and b of this clause, suitable for the type, scale, and nature of the investment project, facility, concentrated production, business, service area, or industrial cluster.

5. Investment projects, facilities, concentrated production, business, service areas, and industrial clusters that are subject to requiring an environmental permit and engage in radiation work, in addition to complying with the provisions of this Law, must also comply with the provisions of the law on atomic energy.

6. The Government shall regulate the details of this Article.

Article 44. Re-issuance, adjustment, re-approval, revocation, and withdrawal of environmental permits

1. An environmental permit may be re-issued in the cases stipulated in Clause 5, Article 42 of this Law without changing the other contents specified in the permit.

2. The environmental permit will be considered for adjustment within the duration of the permit in the following cases:

a) Changes in the licensing content as prescribed in Clause 2, Article 40 of this Law upon the proposal of the investment project owner, facility, or according to the provisions of the law, except in the case prescribed in point b, Clause 3 of this Article;

b) Investment projects or facilities that provide hazardous waste treatment services or import scrap from abroad as production materials after completing the trial operation process to align with actual operational capacity.

3. The environmental permit will be reissued in the following cases:

a) The permit has expired;

b) Investment projects, establishments, production, business, service concentrated areas, and industrial clusters that have any changes in scale, capacity, production technology, or other changes that increase adverse environmental impacts compared to the issued environmental permit, except in cases where the investment project changes fall under the category requiring environmental impact assessment.

4. Revocation of the environmental permit when the investment project owner or establishment commits administrative violations in the field of environmental protection to the extent that the revocation of the environmental permit is required according to the law on handling administrative violations.

5. The environmental permit shall be revoked in the following cases:

a) The permit was issued without proper authority;

b) The permit contains content contrary to the provisions of the law.

6. The Government shall regulate the details of this Article.

Article 45. Fees for appraisal of environmental permit issuance

1. The project owner, or the facility, is responsible for paying the fee for appraisal for issuance, reissuance, and adjustment of the environmental permit.

2. The Minister of Finance shall regulate the regime for collection, payment, management, and use of the fee for appraisal for issuance, reissuance, and adjustment of the environmental permit under the authority of environmental permit issuance by central state agencies.

3. The Provincial People's Council shall regulate the regime for collection, payment, management, and use of the fee for appraisal for issuance, reissuance, and adjustment of the environmental permit under the authority of environmental permit issuance by the Provincial People's Committee and the District People's Committee according to the provisions of law.

Article 46. Environmental protection works and trial operation of waste treatment works of investment projects after being granted an environmental permit

1. Environmental protection works of the investment project include:

a) A waste treatment facility is a facility or equipment for treating wastewater, dust, exhaust gases, solid waste, and hazardous waste;

b) Solid waste collection and storage facilities are facilities and equipment for collecting and storing common solid waste, medical solid waste, hazardous solid waste to meet the requirements for classification, collection, storage, reuse, recycling, and transportation of solid waste to treatment or reuse and recycling locations;

c) Other environmental protection facilities.

2. The investor of a waste treatment facility specified in point a, clause 1 of this Article, after obtaining an environmental permit, must carry out a trial operation of the waste treatment facility simultaneously with the trial operation of the entire investment project or for each investment phase of the project (if any) or for the independent waste treatment facility items of the project to assess compliance and meet environmental technical standards.

3. During the trial operation of the waste treatment facility, the project owner must comply with environmental protection requirements according to the environmental permit and regulations of the law on environmental protection.

4. For investment projects that provide hazardous waste treatment services or import scrap from abroad as production materials, 45 days before the end of the trial operation, the project owner must submit a report on the trial operation results to the competent authority that issued the project's environmental permit. The environmental permit authority is responsible for inspecting and deciding on adjustments to the type and quantity of hazardous waste allowed for treatment or the quantity of scrap allowed for import and handling violations (if any) according to the provisions of the law.

5. The government shall provide detailed regulations on this Article.

Article 47. Rights and obligations of the project owner, facility licensed with an environmental permit

1. The investor or facility granted an environmental permit has the following rights:

a) To carry out the environmental permit contents specified in the environmental permit;

b) To request the reissuance, adjustment, or renewal of the environmental permit;

c) Other rights as prescribed by law.

2. The investor or facility granted an environmental permit has the following obligations:

a) To correctly and fully comply with the environmental protection requirements in the environmental permit. In case of changes compared to the content of the already issued permit, they must report to the licensing authority for consideration and resolution;

b) To pay the appraisal fee for issuing, reissuing, or adjusting the environmental permit;

c) To comply with regulations on the trial operation of waste treatment works of the investment project as stipulated in Article 46 of this Law;

d) To be responsible for the accuracy and honesty of the documents submitted for the environmental permit application;

d) Publicize the environmental license, except for information classified as state secrets or business secrets according to the provisions of the law;

e) Provide relevant information as requested by the state management agency for environmental protection during inspections and inspections;

g) Other obligations as prescribed by law.

Article 48. Responsibilities of the environmental permit-issuing agency

1. Receive, inspect, appraise, and issue environmental permits; reissue, adjust, or re-grant environmental permits upon the request of the investment project owner or facility; be responsible for the content of the environmental permit; manage and store records and data related to environmental permits; suspend part of activities that cause serious consequences or have the potential to cause serious consequences to the environment of the investment project, facility, concentrated production, business, service areas, industrial clusters, and revoke environmental permits.

2. Publicly disclose environmental permits on the electronic information portal, except for information classified as state secrets or business secrets in accordance with the law.

3. Organize inspections of the implementation of environmental protection content and requirements for investment projects, facilities, concentrated production, business, service areas, and industrial clusters as prescribed by law.

4. Receive and handle recommendations on environmental protection regarding contents stipulated in the environmental permit; guide investment project owners in trial operation of waste treatment facilities and remedy environmental pollution or incidents (if any) during trial operation.

5. The environmental permit issuing agency shall operate, update, and integrate data on environmental permits into the information system and environmental database. Reporting, sharing information, statistics, and data on environmental permits shall be conducted interoperably and online within the national environmental information system and database.

Article 49. Environmental registration

1. Subjects required to register for environmental purposes include:

a) Investment projects generating waste that do not fall under the subjects required to have an environmental permit;

b) Production, business, and service establishments operating before the effective date of this Law that generate waste not subject to an environmental permit.

2. Subjects specified in Clause 1 of this Article are exempt from environmental registration, including:

a) Investment projects or establishments that are classified as state secrets in terms of national defense and security;

Amended and supplemented provisions:

b) Investment projects, when put into operation and production, business, or service facilities, that do not generate waste or only generate a small amount of waste, which is treated by on-site treatment facilities or managed according to local government regulations;

c) Other subjects.

3. The commune-level People's Committee is responsible for directly receiving, via postal service, or receiving electronic copies through the online public service environmental registration system of the subjects specified in Clause 1 of this Article. For investment projects and establishments located in two or more commune-level administrative units, the project or establishment owner has the right to choose a commune-level People's Committee to register the environment.

4. The content of environmental registration includes:

a) General information about the investment project or establishment;

b) Type of production, business, service; technology, capacity, products; raw materials, fuels, chemicals used (if any);

c) Type and quantity of waste generated;

d) Plan for collection, management, and disposal of waste according to regulations;

d) Commitment to carry out environmental protection work.

5. During the operation, if the investment project or facility changes the registered content, the investor or facility is responsible for re-registering the environment before implementing those changes. In the case of a change in the scale or nature of the investment project or facility that falls under the objects required to conduct an environmental impact assessment or obtain an environmental permit, the investor or facility is responsible for complying with the regulations on environmental impact assessment and environmental permits as prescribed by this Law.

6. The timing for environmental registration is regulated as follows:

a) Investment projects specified in point a, clause 1 of this Article and subject to environmental impact assessment must register for the environment before official operation;

b) Investment projects specified in point a, clause 1 of this Article but not subject to environmental impact assessment must register for the environment before the competent authority issues a construction permit in cases where a construction permit is required under construction law, or before discharging waste into the environment in cases where a construction permit is not required under construction law;

c) Production, business, and service establishments specified in point b, clause 1 of this Article must register for the environment within 24 months from the effective date of this Law.

7. The commune-level People's Committee has the following responsibilities:

a) Receive environmental registrations;

b) Inspect and handle legal violations regarding environmental protection by organizations and individuals registered for environmental purposes in accordance with the law;

c) Guide and resolve environmental protection recommendations regarding content that has been registered for environmental purposes by organizations and individuals;

d) Update environmental registration data into the national environmental information system and database.

8. The Government shall stipulate the details of points b and c of Clause 2 of this Article.

9. The Minister of Natural Resources and Environment shall regulate the environmental registration form and guide the reception of environmental registration.

Chapter V. ENVIRONMENTAL PROTECTION IN MANUFACTURING, BUSINESS, SERVICE ACTIVITIES; URBAN AND RURAL AREAS; IN CERTAIN SECTORS

Section 1. ENVIRONMENTAL PROTECTION IN MANUFACTURING, BUSINESS, SERVICE ACTIVITIES

Article 50. Environmental protection for economic zones

1. Economic zones must have environmental protection infrastructure including:

a) Systems for collecting and storing solid waste;

b) Stormwater collection and drainage system;

c) System for collecting, draining, and treating wastewater to ensure that treated wastewater meets environmental protection requirements; automatic and continuous wastewater monitoring system in cases where economic zones have centralized wastewater treatment systems that must be monitored automatically and continuously in accordance with the provisions of this Law;

d) Green area ensuring the ratio according to the regulations of construction law.

2. The management board of the economic zone must have a specialized environmental protection department, with personnel in charge of environmental protection trained in environmental specialization or a professional field suitable for the job being undertaken.

3. The management board of the economic zone has the following responsibilities:

a) Inspect and supervise the investment in environmental protection infrastructure construction for industrial functional areas within the economic zone in accordance with the provisions of the law;

b) Coordinate with state management agencies on environmental protection in the locality to appraise environmental impact assessment reports, issue environmental permits, inspect environmental protection, and carry out other environmental protection tasks in the economic zone in accordance with the provisions of law;

c) Organize inspections on environmental protection for production, business, and service establishments, centralized production, business, and service areas, and industrial clusters in the economic zone according to the plan approved by the provincial People's Committee;

d) Timely detect violations of environmental protection laws by organizations and individuals and propose handling in accordance with the provisions of law;

d) Perform other environmental protection duties as authorized by the provincial-level People's Committee in accordance with the law;

e) Report on the implementation of environmental protection work in the economic zone in accordance with the law;

g) Other responsibilities as prescribed by law.

Article 51. Environmental protection for concentrated production, business, and service areas

1. Concentrated production, business, and service areas must have environmental protection infrastructure including:

a) A rainwater collection and drainage system; a centralized wastewater collection, drainage, and treatment system ensuring that treated wastewater meets environmental protection requirements;

b) Works and equipment for preventing and responding to environmental incidents related to wastewater as prescribed by law;

c) An automatic, continuous wastewater monitoring system for centralized wastewater treatment systems as prescribed by this Law;

d) Green area ensuring the ratio according to the regulations of construction law.

2. The management boards of industrial zones, export processing zones, and high-tech zones of provinces and centrally-run cities must have a specialized department for environmental protection, with personnel responsible for environmental protection who have been trained in environmental science or a professional field appropriate to the tasks they are assigned.

3. The management boards of industrial zones, export processing zones, and high-tech zones of provinces and centrally-run cities have the following responsibilities:

a) Inspect and supervise the investment in environmental protection infrastructure of concentrated production, business, and service areas in accordance with the provisions of the law;

b) Coordinate with state management agencies on environmental protection in the area to appraise environmental impact assessment reports, grant environmental permits, conduct inspections on environmental protection, and carry out other environmental protection tasks for concentrated production, business, and service areas as prescribed by law;

c) Organize inspections on environmental protection for establishments in concentrated production, business, and service areas in accordance with the provisions of law;

d) Timely detect violations of environmental protection laws by organizations and individuals and propose handling in accordance with the provisions of law;

d) Report on the implementation of environmental protection activities in concentrated production, business, and service areas in accordance with the provisions of law;

e) Perform other environmental protection tasks authorized by the provincial-level People's Committee in accordance with the provisions of law;

g) Other responsibilities as prescribed by law.

4. Investors in construction and business infrastructure for concentrated production, business, and service areas have the following responsibilities:

a) Meet the requirements prescribed in Clause 1 of this Article;

b) Arrange functional areas and types of production, business, and services suitable for environmental protection requirements;

c) Invest in a rainwater collection and drainage system separate from the centralized wastewater collection, drainage, and treatment system;

d) Collect and connect wastewater from facilities in production, business, and service areas to the centralized wastewater collection, drainage, and treatment system;

d) Require facilities discharging treated wastewater into the stormwater collection and drainage system to stop discharging treated wastewater into the stormwater collection and drainage system within 24 months from the effective date of this Law;

e) Arrange personnel responsible for environmental protection who are trained in environmental majors or fields of expertise suitable for the work they are assigned.

g) Coordinate with state management agencies on environmental protection, Industrial Park Management Boards, Export Processing Zones, High-Tech Zones, and Economic Zones of provinces and centrally-run cities to organize the implementation of environmental protection activities; coordinate to organize inspections and environmental protection supervision of establishments in concentrated production, business, and service areas in accordance with the law;

h) Organize inspections of the implementation of environmental protection commitments by project investors and establishments when registering investment in concentrated production, business, and service areas;

i) Timely detect violations of environmental protection laws by organizations and individuals and recommend handling in accordance with the law;

k) Issue regulations on environmental protection in concentrated production, business, and service areas in accordance with legal environmental protection requirements;

l) Carry out environmental monitoring in accordance with the law;

m) Prepare reports on environmental protection activities of concentrated production, business, and service areas and submit them to the provincial-level specialized environmental protection agencies, the agencies granting environmental permits, and the management boards of industrial zones, export processing zones, high-tech zones, and economic zones of provinces and centrally-run cities as prescribed by law;

n) Other responsibilities as prescribed by law.

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

a) Support investment in the construction and operation of environmental protection infrastructure in concentrated production, business, and service areas invested by the State in the locality as prescribed by law;

b) Direct specialized agencies and the management boards of industrial zones, export processing zones, high-tech zones, and economic zones of provinces and centrally-run cities to implement legal regulations on environmental protection for concentrated production, business, and service areas;

c) Enact regulations to encourage and organize the socialization of investment in construction, business, and operation of environmental protection infrastructure at concentrated production, business, and service areas;

d) Other responsibilities as prescribed by law.

6. The Government shall regulate the details of this Article.

Article 52. Environmental protection for industrial clusters

1. Industrial clusters must have environmental protection infrastructure as prescribed in Clause 1, Article 51 of this Law.

2. Operating industrial clusters must meet the following requirements:

a) Complete environmental protection infrastructure as prescribed in Clause 1, Article 51 of this Law within 24 months from the effective date of this Law;

b) Cases that have been exempted from connecting to the centralized wastewater collection, drainage, and treatment system must ensure that treated wastewater meets environmental protection requirements before being discharged into the environment; have plans to prevent and respond to environmental incidents related to wastewater, and have an automatic, continuous wastewater monitoring system in accordance with legal regulations.

3. Investors in the construction and business of industrial cluster infrastructure have the following responsibilities:

a) Meet the requirements prescribed in Clause 1 of this Article;

b) Invest in the construction and management, operation of environmental protection infrastructure works of the industrial cluster in accordance with the provisions of clause 1 of this Article;

c) Do not accept additional projects or increase the capacity of investment projects that generate wastewater in the industrial cluster without having a centralized wastewater collection, drainage, and treatment system;

d) Collect and connect the wastewater of establishments within the industrial cluster to the centralized wastewater collection, drainage, and treatment system;

d) Require facilities discharging treated wastewater into the stormwater collection and drainage system to stop discharging treated wastewater into the stormwater collection and drainage system within 24 months from the effective date of this Law;

e) Arrange at least one staff member responsible for environmental protection who is trained in environmental majors or fields of expertise suitable for the job to be undertaken;

g) Coordinate with state management agencies on environmental protection to organize the implementation of environmental protection activities; coordinate in inspection and supervision regarding environmental protection of facilities within the industrial cluster as prescribed by law;

h) Organize inspections on the implementation of environmental protection commitments by investment project owners and facilities when registering investment in the industrial cluster;

i) Timely detect violations of environmental protection laws by organizations and individuals and recommend handling in accordance with the law;

k) Issue regulations on environmental protection of the industrial cluster in accordance with environmental protection requirements under the law;

l) Prepare reports on environmental protection work of the industrial cluster to send to the provincial environmental management agency, the environmental licensing authority, and the district-level People’s Committee as prescribed by law;

m) Other responsibilities as prescribed by law.

4. The encouragement of socialization, preferential treatment, and support for organizations and individuals participating in investment, construction, and operation of environmental protection infrastructure in industrial clusters shall be carried out in accordance with the regulations of the Government and the provincial-level People's Committee in the area.

5. The district-level People's Committee has the following responsibilities:

a) Invest in construction, management, and operation of environmental protection infrastructure in industrial clusters in case there is no investor for construction and operation of industrial cluster infrastructure;

b) Prepare a list of industrial clusters without centralized drainage and wastewater treatment systems in the area and report to the provincial-level People's Committee;

c) Other responsibilities as prescribed by law.

6. The Provincial People's Committee has the following responsibilities:

a) Direct specialized agencies, district-level People's Committees, and commune-level People's Committees to implement the legal regulations on environmental protection of industrial clusters;

b) Issue regulations to encourage and organize the socialization of investment in the construction, business, and operation of environmental protection infrastructure for industrial clusters;

c) Issue a roadmap for relocating residents (if any) from industrial clusters.

Article 53. Environmental protection for production, business, and service facilities

1. Production, business, and service facilities have the following responsibilities:

a) Collect and treat wastewater to meet environmental protection requirements. In the case of facilities operating in industrial clusters, concentrated production, business, and service areas, or in urban areas and densely populated residential areas that already have centralized wastewater collection, drainage, and treatment systems, the facility owner must connect their wastewater to the centralized wastewater collection, drainage, and treatment system in accordance with the regulations of the investor who built and operates that system, except in cases where the facility was exempted from connecting its wastewater before the effective date of this Law;

b) Facilities operating in industrial clusters, concentrated production, business, and service areas that discharge treated wastewater into the stormwater drainage system must comply with the provisions at point d, clause 4, Article 51 and point d, clause 3, Article 52 of this Law;

c) Collect, classify, store, reuse, recycle, and treat waste according to the provisions of this Law;

d) Minimize, collect, treat dust, exhaust gases, unpleasant odors; ensure no leakage, emission of toxic gases into the environment; control noise, vibration, light, thermal radiation;

d) Ensure resources and equipment for environmental incident prevention and response;

e) Production, business, and service establishments specified in point b, clause 2, Article 111, and clause 2, Article 112 of this Law must assign personnel responsible for environmental protection who are trained in environmental sciences or a relevant professional field; they must have an environmental management system according to the national standard TCVN ISO 14001 or the international standard ISO 14001 that is certified;

g) Conduct monitoring of wastewater, dust, and emissions as prescribed by this Law.

2. Production, business, service establishments, and warehouses in the following cases must maintain an environmental safety distance from residential areas:

a) Containing flammable or explosive substances;

b) Containing radioactive substances, radioactive waste, or radiation equipment;

c) Containing toxic substances harmful to humans and organisms;

d) Posing risks of spreading dust, unpleasant odors, or noise that adversely affect human health;

d) There is a risk of causing water pollution.

3. Production, business, and service establishments at the household or individual scale that generate wastewater or exhaust gas must have on-site waste treatment works and equipment that meet environmental protection requirements or comply with the regulations of the provincial People's Committee.

4. The Government shall provide detailed regulations on clause 2 of this Article.

5. The Minister of Natural Resources and Environment shall provide technical guidance and assess the conformity of on-site waste treatment works and equipment that meet environmental protection requirements as stipulated in clause 3 of this Article.

6. The provincial People's Committee shall issue a roadmap for implementation for establishments specified in clause 2 of this Article that are operating in the area and do not meet environmental safety distances.

Article 54. Recycling responsibilities of organizations and individuals that produce or import

1. Organizations and individuals that produce or import products and packaging with recyclable value must carry out recycling according to the compulsory recycling rates and specifications, except for products and packaging that are exported, temporarily imported and re-exported, or produced and imported for research, study, or testing purposes.

2. Organizations and individuals referred to in Clause 1 of this Article may choose to recycle products and packaging in one of the following forms:

a) Organize product and packaging recycling;

b) Contribute financially to the Vietnam Environmental Protection Fund to support product and packaging recycling.

3. Organizations and individuals referred to in Clause 1 of this Article must register a recycling plan and report the annual recycling results to the Ministry of Natural Resources and Environment, except in the cases specified in Point b, Clause 2 of this Article.

4. The contribution and use of financial support for product and packaging recycling specified in Point b, Clause 2 of this Article must ensure the following principles:

a) The financial contribution level and the recycling support funds are determined based on the weight or unit of the product or packaging;

b) Financial contributions are used to support the recycling activities of products and packaging as specified in Clause 1 of this Article;

c) The reception and use of financial contributions must be public, transparent, and for the correct purpose in accordance with the law.

5. The Government shall specify the details and implementation roadmap of this Article.

Article 55. Responsibilities for waste collection and treatment of organizations and individuals engaged in production and importation

1. Organizations and individuals producing or importing products or packaging containing hazardous substances, difficult to recycle, or causing difficulties in collection and treatment must make financial contributions to support the activities stipulated in Clause 3 of this Article, except for exported products or temporarily imported and re-exported products, or products produced or imported for research, study, and testing purposes.

2. Organizations and individuals specified in Clause 1 of this Article contribute financially to the Vietnam Environmental Protection Fund; the financial contribution level is determined according to the weight or unit of the product or packaging.

3. Activities supported by the Vietnam Environmental Protection Fund serving waste treatment activities include:

a) Collection, transportation, and treatment of household solid waste generated from households and individuals;

b) Research, development of technology, techniques, and initiatives for treating household solid waste;

c) Collection, transportation, and treatment of packaging containing plant protection products.

4. The reception and use of financial contributions must be public, transparent, and for the intended purpose in accordance with legal regulations.

5. The government shall provide detailed regulations on this Article.

Article 56. Protection of the craft village environment

1. Craft villages must have an environmental protection plan, a self-management organization for environmental protection, and environmental protection infrastructure. The environmental protection infrastructure of a craft village includes:

a) Having a wastewater and rainwater collection system to ensure the drainage needs of the craft village;

b) A centralized wastewater collection, drainage, and treatment system (if any) to ensure that treated wastewater meets environmental protection requirements;

c) Having a solid waste collection point that meets technical requirements for environmental protection; a solid waste treatment area (if any) that complies with solid waste management regulations or having a plan to transport solid waste to a treatment area located outside the locality.

2. Establishments and households producing within craft villages must develop and implement environmental protection measures in accordance with the law; carry out measures to reduce noise, vibration, light, dust, heat radiation, exhaust gases, wastewater, and treat pollution on site; collect, classify, store, and treat solid waste according to legal regulations.

3. Establishments and households engaged in industries or trades that are not encouraged to develop within craft villages are responsible for implementing the provisions in Clause 2 of this Article and complying with plans to relocate or convert production industries or trades as prescribed by competent state authorities.

4. The commune-level People's Committee has the following responsibilities:

a) Develop and implement an environmental protection plan for the craft village in the area;

b) Guide the activities of self-managed organizations on environmental protection in the craft village.

5. The district-level People's Committee has the following responsibilities:

a) Aggregate budgetary needs for environmental protection activities in the craft village;

b) Direct and implement models for protecting the environment in craft villages; invest in the construction and operation of models for solid waste collection and treatment, on-site wastewater treatment systems that meet environmental protection requirements funded by the State through construction investment funds, environmental service expenditures, and contributions from organizations and individuals in accordance with legal regulations.

6. The Provincial People's Committee has the following responsibilities:

a) Plan, construct, renovate, and develop craft villages and craft industrial clusters in association with environmental protection;

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

c) Direct and organize the assessment of pollution levels and handle environmental pollution in craft villages in the area;

d) Direct the establishment of a system for collecting and treating wastewater; an area for gathering and treating ordinary solid waste and hazardous waste for craft villages;

d) Have a plan to relocate facilities that cause serious environmental pollution or long-term environmental pollution outside residential areas or craft villages.

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

Section 2. URBAN AND RURAL ENVIRONMENTAL PROTECTION

Article 57. Environmental protection in urban areas and residential areas

1. Environmental protection in concentrated urban areas and residential areas must be carried out according to the principle of sustainable development associated with maintaining natural, cultural, and historical elements, and ensuring the proportion of green space, landscape requirements, and environmental hygiene according to the planning.

2. Concentrated urban areas and residential areas must meet environmental protection requirements including:

a) The water supply and drainage network, and public sanitation facilities meet environmental protection requirements; the wastewater collection and treatment system is synchronized and in line with the approved planning; in the case of urban areas or concentrated residential areas formed before the effective date of this Law without available land for building the wastewater collection and treatment system, it shall be implemented in accordance with point c, clause 5, Article 86 of this Law;

b) Equipment, means, and locations for source separation, collection, and storage of domestic solid waste are suitable for the quantity and type of waste generated by households and individuals in urban areas or concentrated residential areas;

c) There is an area of green space, water surface, and open space in urban areas or concentrated residential areas in accordance with the provisions of law.

3. Parks, flower gardens, green trees, water surfaces, public traffic roads, and natural ecosystems must be protected, preserved, and enhanced, meeting aesthetic requirements, environmental protection, and must not be encroached upon, filled, or used for the wrong purposes.

4. Residential areas and dispersed population clusters must have temporary storage locations for household solid waste to ensure no environmental pollution before being transported to treatment sites as prescribed.

5. Investors of urban areas and concentrated residential areas must comply with the environmental protection requirements stipulated in clauses 1, 2, 3, and 4 of this Article.

Article 58. Rural Environmental Protection

1. The environmental protection requirements for rural areas are prescribed as follows:

a) Organizations, households, and individuals engaged in small-scale handicraft, agricultural, or processing activities must comply with planning, adhere to legal regulations on environmental protection, ensure that they do not affect the surrounding environmental quality; waste must be collected, reused, and treated to meet environmental protection requirements;

b) Rural residential clusters must have a drainage system and appropriate wastewater treatment measures; waste collection points must be reasonably arranged; animals must not be grazed or released in ways that cause public hygiene issues; self-management activities for environmental protection are encouraged;

c) Landscape, green trees, ponds, lakes, surface water ecosystems, and water sources must be preserved, protected, restored, and improved;

d) Waste generated in rural areas must be managed in accordance with legal regulations; organic household waste, waste from livestock, processing, and agricultural by-products must be collected, reused, or used as production materials;

d) The quality of the rural environment must be monitored and evaluated; polluted areas must be identified, enclosed, treated, rehabilitated, restored, and measures to improve and enhance environmental quality must be implemented.

2. Responsibilities for protecting the rural environment are stipulated as follows:

a) The commune-level People's Committee organizes the census and management of types of waste generated from domestic, agricultural, and small-scale industrial activities in the area; organizes activities to maintain hygiene and improve the rural landscape; stipulates self-management activities for environmental protection in the rural area;

b) The district-level People's Committee manages production, business, and service activities to ensure compliance with environmental protection regulations according to the approved planning; manages the collection and treatment of waste at the district level; invests in and upgrades drainage and wastewater treatment systems, and collects and treats solid waste in rural areas; organizes monitoring and evaluation of environmental quality changes; delineates, handles, rehabilitates, restores, and improves environmental quality at polluted sites and areas in rural localities;

c) The provincial-level People's Committee directs and allocates resources to implement rural environmental protection contents; directs and organizes the handling of waste types arising in rural areas; issues and guides the application of preferential and support mechanisms and policies for waste treatment activities, landscape construction, and rural environmental protection.

d) The Ministry of Natural Resources and Environment shall take the lead, in coordination with the Ministry of Agriculture and Rural Development, in guiding the implementation of contents and criteria on rural environmental protection, appropriate measures for waste collection and treatment, monitoring changes in environmental quality, pollution remediation, and the rehabilitation and restoration of rural environmental quality;

d) The Ministry of Agriculture and Rural Development shall guide the collection and treatment of livestock waste, agricultural by-products reused for other purposes; take the lead, in coordination with the Ministry of Natural Resources and Environment, in developing and implementing programs, projects, plans, mechanisms, and policies for rural development associated with environmental protection and climate change response;

e) The Prime Minister shall issue criteria for environmental protection in the construction and development of rural areas.

Article 59. Protection of the environment in public places

1. Agencies, organizations, households, and individuals are responsible for implementing regulations on environmental protection and maintaining public hygiene; sorting and disposing of waste into separate public trash bins or designated centralized waste collection points; and preventing pets from causing unsanitary conditions in public places.

2. Organizations and individuals managing parks, amusement and recreational areas, concentrated business and service areas, markets, railway stations, bus stations, docks, ports, ferry terminals, and other public areas have the following responsibilities:

a) Arrange personnel to collect waste and maintain environmental sanitation within their management scope; have staff, groups, or environmental protection teams to inspect and supervise;

b) Construct and install public sanitation facilities and on-site wastewater treatment works that meet environmental protection requirements; have means and equipment for collecting, managing, and treating waste that meet environmental protection requirements;

c) Issue, publicly post, and organize the implementation of regulations and rules on maintaining hygiene and protecting the environment in public places under management authority;

d) Timely detect violations of environmental protection laws by organizations and individuals and propose handling in accordance with legal regulations.

3. The agency responsible for appraisal of construction design and issuance of construction permits for the subjects specified in Clause 2 of this Article, according to construction law, is responsible for obtaining opinions from specialized environmental protection agencies regarding on-site wastewater treatment works, equipment for temporary collection and storage of waste during the appraisal and construction permit issuance process in accordance with Government regulations.

Article 60. Environmental protection for households and individuals

1. Households and individuals have the following responsibilities:

a) Minimize and sort household solid waste at the source, collect and transport sorted household waste to the designated locations;

b) Minimize, treat, and discharge household wastewater at the designated locations; do not allow pets to cause unsanitary conditions in residential areas;

c) Do not emit exhaust gases, cause noise, vibration, or other impacts that pollute the environment or negatively affect surrounding communities;

d) Pay the fees for waste collection, transportation, and treatment according to legal regulations;

e) Participate in environmental protection activities in the residential community;

f) Have sanitation facilities in accordance with regulations. In cases where sanitation facilities or wastewater treatment equipment are not available, when building new or renovating individual houses in urban areas or concentrated residential areas, on-site wastewater treatment facilities or equipment must be installed to meet environmental protection requirements according to regulations.

2. Family-scale livestock farms must ensure hygiene, not cause noise pollution, or emit unpleasant odors; waste from livestock activities must be collected and treated in accordance with environmental protection laws and other relevant legal regulations.

3. The authority responsible for appraising construction designs and granting construction permits for buildings and houses of families and individuals in urban areas, according to construction laws, is responsible for appraising and granting construction permits that include on-site wastewater treatment facilities and equipment meeting environmental protection requirements.

Section 3. ENVIRONMENTAL PROTECTION IN CERTAIN AREAS

Article 61. Environmental protection in agricultural production

1. Organizations and individuals that produce, import, trade, and use chemicals, plant protection drugs, veterinary drugs, and fertilizers in agricultural production must comply with environmental protection laws and other relevant legal regulations.

2. Chemicals, plant protection drugs, and veterinary drugs that are highly toxic, persistent, widespread, accumulate in the environment, and negatively affect the environment and human health must be registered, inventoried, controlled, have their information managed, assessed, risk-managed, and handled in accordance with the law.

3. Fertilizers, livestock environmental treatment products, pesticides, veterinary drugs, aquaculture feed, aquaculture environmental treatment products that have expired must be managed in accordance with relevant legal regulations. Packaging for fertilizers, livestock feed, aquaculture feed, pesticides, veterinary drugs, aquaculture environmental treatment products, and livestock waste treatment products after use, as well as sludge and settled feed during pond cleaning must be managed according to regulations on waste management. Dredged sludge from canals, ditches, and irrigation works must be collected, reused, recycled, and managed according to legal regulations. Carcasses of livestock that die from epidemics must be collected and treated in accordance with legal regulations on hazardous waste management and disease prevention sanitation.

4. Agricultural by-products must be collected to produce marketable products, used as raw materials, fuel, fertilizer production, energy production, or must be treated according to regulations; burning crop by-products outdoors that cause environmental pollution is prohibited.

5. The use of waste from livestock activities for making organic fertilizers, irrigation water, or other purposes must be carried out in accordance with Government regulations.

6. The State has policies to encourage innovation in agricultural production models and methods towards sustainability, adaptation to climate change, water conservation, limiting the use of inorganic fertilizers, chemical plant protection products, and environmental treatment products in agriculture; developing environmentally friendly agricultural models.

7. The Ministry of Agriculture and Rural Development is responsible for directing and organizing the management of dredged sludge from canals, ditches, and irrigation works to meet environmental protection requirements.

Article 62. Environmental protection in medical activities and control of the impact of environmental pollution on human health

1. Hospitals and other medical facilities must meet environmental protection requirements, including:

a) Collecting and treating wastewater to meet environmental protection requirements before discharge into the environment;

b) Classifying solid waste at the source; carrying out collection, storage, transportation, and treatment of solid waste to meet environmental protection requirements. In cases where domestic solid waste and ordinary solid waste are mixed with infectious medical waste, they must be managed in the same way as infectious medical waste;

c) Prioritizing the selection of non-incineration, environmentally friendly technologies that meet environmental protection requirements in the treatment of infectious medical waste;

d) Encouraging the disinfection of infectious medical waste to eliminate pathogens that pose an infection risk before transferring to centralized treatment sites;

d) Have plans and equipment to prevent and respond to environmental incidents caused by medical waste;

e) Treat emissions to meet environmental protection requirements;

g) Construct and operate sanitation works, collection, storage, and waste treatment systems according to regulations.

2. Medical facilities using radioactive sources and radiation equipment must comply with the requirements of atomic energy law.

3. Pollutants that directly affect human health must be managed as follows:

a) Identifying, assessing, warning, preventing, and controlling pollutants that may affect human health; issues of human diseases and health directly related to pollutants;

b) Controlling and treating at the source of emission concerning pollutants that affect human health and issues of diseases identified to have a direct cause from pollutants;

c) Managing, sharing, and publishing information about pollutants that directly impact human health.

4. The Minister of Natural Resources and Environment shall regulate in detail the transportation and treatment of medical waste.

5. The Minister of Health shall stipulate in detail the classification, collection, preservation, and management of medical waste within the premises of medical facilities; identify, assess, warn, monitor, and detect symptoms and causes of diseases and health problems in humans directly related to pollutants; determine and announce the limits of pollutants in the human body that pose a risk to human health; manage, compile statistics, share, and disclose information on disease issues related to pollutants; assess the costs and economic damages caused by diseases and health problems related to environmental pollution; develop, guide, and organize the implementation of measures for disease surveillance and prevention, as well as human health issues caused by pollutants; manage, share, exchange, and disclose information on pollutants that impact human health.

6. The provincial-level People's Committee regulates the collection, transportation, and treatment of medical solid waste in accordance with local conditions; and is responsible for managing pollutants related to issues of diseases and human health in the area.

Article 63. Environmental protection in burial and cremation

1. Burial and cremation areas must comply with planning; have locations and distances that meet requirements for environmental sanitation, residential landscape, and do not cause pollution to water sources and the surrounding environment. The Government regulates environmental protection in burial and cremation activities in accordance with the characteristics of customs, practices, beliefs, and religions.

2. The preparation, embalming, transportation, and burial of corpses and remains must meet environmental sanitation requirements.

3. Organizations and individuals engaged in burial and cremation services must comply with the provisions of law on environmental protection and the prevention and control of infectious diseases.

4. The State encourages cremation and hygienic burial in cemeteries according to the plan; eliminates superstitions in burial and cremation that cause environmental pollution.

5. The Minister of Health regulates the burial and cremation of people who die from dangerous epidemics.

Article 64. Environmental protection in construction activities

1. Construction planning must ensure requirements for environmental protection and adaptation to climate change.

2. Planning of urban areas and concentrated residential areas must aim towards the development of eco-urban areas, energy saving, use of renewable energy, ensuring the proportion of green spaces, water surfaces, and landscape according to the provisions of law.

3. The State encourages the reuse of waste from construction activities, the use of non-fired materials, and environmentally friendly materials in construction.

4. When issuing construction permits and appraising the construction design of investment projects in accordance with the law on construction, it must ensure that the works, work items, waste treatment equipment, and facilities for preventing and responding to environmental incidents comply with the provisions of the law on environmental protection.

5. The construction, renovation, repair, and demolition of construction works must ensure the following environmental protection requirements:

a) Measures must be taken to prevent the spread of dust, heat, noise, vibration, and light beyond the permissible limits according to environmental technical standards;

b) The transportation of materials and waste in construction activities must be carried out using appropriate means to ensure no leakage, spillage, or environmental pollution;

c) Wastewater must be collected and treated to meet environmental protection requirements;

d) Solid waste and scrap that still have usable value must be recycled and reused according to regulations; soil, rocks, and solid waste from construction activities must be reused as construction materials or for land leveling according to regulations;

d) Soil and sludge waste from excavation activities, topsoil dredging, or pile foundation digging must be used for enriching soil for planting or suitable land areas;

e) Sludge waste generated from septic tanks and pit latrines must be managed according to regulations on the management of ordinary industrial solid waste;

g) Solid waste and other types of waste must be collected, stored, and transported to treatment facilities according to waste management regulations.

6. Waste from renovation or demolition activities of construction works by households or individuals in urban areas must be collected and delivered to facilities with treatment functions according to the regulations of the provincial-level People's Committee, except for cases carried out according to the provisions at points d and e of clause 5 of this Article.

7. Waste from renovation or demolition activities of construction works by households or individuals in rural areas without waste collection and treatment systems must be reused or disposed of according to the regulations of the Provincial People's Committee; waste must not be dumped on roads, rivers, streams, canals, or other surface water sources in a way that affects the landscape and environment.

8. The Provincial People's Committee regulates the collection, transportation, and treatment of construction solid waste and plans the disposal sites for waste from construction activities; sludge from septic tanks, cesspools, and wastewater systems.

9. The Minister of Construction is responsible for developing standards and technical regulations on the design of solid waste collection systems suitable for the classification of solid waste at the source in commercial center complexes combined with apartments; residential complexes combined with offices; high-rise building complexes with mixed functions.

Article 65. Environmental protection in transportation activities

1. Means of transportation must be inspected and certified by the registration authority to meet environmental technical standards in accordance with the law and international treaties to which the Socialist Republic of Vietnam is a member.

2. Vehicles transporting raw materials, materials, or waste must be covered and not allowed to spill, causing environmental pollution when participating in traffic.

3. Organizations and individuals transporting hazardous goods must ensure that they meet all conditions and capabilities regarding environmental protection as prescribed by law.

4. The transportation of goods and materials that pose a risk of pollution or environmental incidents must be carried out using specialized equipment and means, ensuring no leakage or dispersion into the environment.

5. The construction of traffic works must have solutions to limit and minimize impacts on terrain, landscape, geology, and natural heritage.

6. The provincial-level People's Committee shall regulate areas and locations for dumping and sinking dredged materials from inland waterway and sea traffic systems; establish traffic routing solutions and environmental pollution control measures to limit air pollution for special-class and class I cities.

7. The government issues policies to provide incentives, support, and encourage the development of public transport vehicles, vehicles using renewable energy, vehicles with low fuel consumption, low emissions, or zero emissions; the roadmap for converting and phasing out vehicles that use fossil fuels and vehicles that cause environmental pollution.

8. The Minister of Transport issues national technical standards on the quality, technical safety, and environmental protection of transport vehicles in accordance with the provisions of the law on transport, product and goods quality, and other relevant legal regulations; guides and organizes the implementation of dredging activities in sea port waters and inland waterway areas as prescribed.

Article 66. Environmental protection in cultural, sports, and tourism activities

1. Organizations and individuals managing and exploiting relic sites, scenic spots, tourist areas, tourist sites, tourism accommodation establishments, practice, performance, sports competition locations, and festival organizing units must comply with the provisions in Clause 2, Article 59 of this Law.

2. Individuals visiting relic sites, scenic spots, tourist areas, tourist sites, tourism accommodation establishments, practice, performance, sports competition locations, and festival locations must perform the following obligations:

a) Comply with regulations and rules on maintaining hygiene and protecting the environment;

b) Dispose of waste in designated areas; minimize the generation of plastic waste;

c) Maintain public hygiene;

d) Do not harm the environmental landscape and living species.

3. The Minister of Culture, Sports and Tourism has the following responsibilities:

a) Organize the implementation of regulations on environmental protection for tourism accommodation facilities and tourism services; develop environmentally friendly tourism accommodation facilities and tourism services;

b) Organize the implementation of regulations to encourage the reduction, reuse, and recycling of plastic waste in cultural, sports, and tourism activities.

Article 67. Environmental protection in mineral exploration, exploitation, processing, and oil and gas activities

1. Organizations and individuals conducting mineral exploration, exploitation, and processing must have plans to prevent and respond to environmental incidents and comply with the following requirements for environmental protection, improvement, and restoration:

a) Collect and treat wastewater according to regulations;

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

c) Implement measures to prevent and limit the dispersal of dust, emission of waste gases, and other adverse impacts on the surrounding environment;

d) Having a plan for environmental rehabilitation and restoration and carrying out environmental rehabilitation and restoration in mineral exploitation activities in accordance with the provisions of this Law and the provisions of the law on minerals;

d) Depositing an environmental protection guarantee following the provisions of Article 137 of this Law.

2. Subjects engaged in mineral exploitation must prepare an environmental rehabilitation and restoration plan, including:

a) Mineral exploitation investment projects;

b) Mineral exploitation establishments operating before the effective date of this Law but without an environmental rehabilitation and restoration plan or having changes in the content of environmental rehabilitation and restoration compared to the approved plan;

c) Mineral exploitation establishments operating before the effective date of this Law that have had an approved environmental rehabilitation and restoration plan but do not have sufficient funds to implement it in accordance with the provisions of the law.

3. The contents of the environmental rehabilitation and restoration plan are prescribed as follows:

a) Solutions for environmental restoration and rehabilitation; analysis, evaluation, and selection of the best solutions for environmental restoration and rehabilitation;

b) List and quantity of environmental restoration and rehabilitation items for the chosen solution;

c) Implementation plan divided by year and by phase of environmental restoration and rehabilitation; environmental monitoring program during the period of environmental restoration and rehabilitation; plan for inspection and confirmation of the completion of the方案;

d) Estimated budget table for carrying out environmental restoration and rehabilitation for each restoration and rehabilitation item; deposit amounts according to the schedule.

4. Hazardous minerals must be stored and transported using specialized vehicles and equipment, and must be covered to ensure there is no leakage or dissemination into the environment.

5. The use of machinery and equipment that has an adverse impact on the environment, toxic chemicals in exploration, exploitation, mine closure, and mineral processing must be assessed for environmental impact and declared in the application dossier for an environmental permit.

6. The exploration, exploitation, transportation, and processing of other minerals containing radioactive substances, toxic substances, or explosives must be carried out in accordance with the provisions of this Law, the provisions of the law on chemical safety, atomic energy, and other relevant legal regulations.

7. The Government shall detail the establishment and appraisement of environmental rehabilitation and restoration plans in mineral exploitation activities; stipulate specific environmental protection requirements in trial operation, waste management, and environmental monitoring for oil and gas exploration, exploitation, transportation, and related services at sea.

8. The Minister of Natural Resources and Environment shall issue forms and technical guidelines for the implementation of this provision.

Article 68. Environmental protection for research, training, and laboratory facilities

1. Research, training, and laboratory facilities must comply with the following environmental protection requirements:

a) Collect and treat wastewater and exhaust gases to meet environmental protection standards;

b) Classify solid waste at the source, collect and manage it in accordance with the laws on waste management;

c) Process and dispose of samples, experimental specimens, and chemicals ensuring environmental technical standards;

d) Have plans and equipment to prevent and respond to environmental incidents;

e) Other requirements as prescribed by relevant laws.

2. Research and training facilities, laboratories with radioactive sources, radiation equipment, nuclear materials, nuclear devices must meet the requirements according to the provisions of the law on atomic energy.

Article 69. Environmental protection in the management of persistent pollutants and raw materials, fuels, materials, products, goods, and equipment containing persistent pollutants

1. Environmental protection requirements in the management of persistent pollutants and raw materials, fuels, materials, products, goods, and equipment containing persistent pollutants are stipulated as follows:

a) It is prohibited to produce, export, import, and use persistent organic pollutants and raw materials, fuels, materials, products, goods, equipment containing persistent organic pollutants listed in Annex A of the Stockholm Convention with concentrations exceeding the maximum allowable limits prescribed by law, except for persistent organic pollutants that have been registered for exemption in accordance with the provisions of the Stockholm Convention;

b) The sources of generation must be controlled, and information must be disclosed, labeled, conformity assessed, and inspected for persistent organic pollutants and raw materials, fuels, materials, products, goods, equipment containing persistent organic pollutants in accordance with legal regulations;

c) Persistent organic pollutants and raw materials, fuels, materials, products, goods, equipment containing persistent organic pollutants exceeding the maximum allowable limits as prescribed by law are permitted to be recycled or disposed of, provided that the recycling and disposal do not lead to the recovery of these substances for reuse and must ensure environmental protection requirements;

d) Persistent pollutants and raw materials, fuels, materials, products, goods, equipment containing persistent pollutants exceeding the maximum allowable limits must be stored, recovered, managed, and treated in accordance with environmental protection requirements, except in cases where they have been recycled or disposed of as prescribed in point c of this clause;

d) Persistent pollutants and raw materials, fuels, materials, products, goods, equipment containing persistent pollutants must be reported by production, business, and service establishments regarding the types and the calculated amounts of pollutants released into water, air, and soil according to the catalog and transferred for treatment to manage information, assess, and manage environmental risks according to legal regulations;

e) Areas with residues or contamination of persistent pollutants must be assessed, identified, risk-warned, and management measures for safety, treatment, and environmental restoration proposed.

2. Responsibilities for environmental protection in managing persistent pollutants and raw materials, fuels, materials, products, goods, equipment containing persistent pollutants are regulated as follows:

a) Organizations and individuals are responsible for fulfilling the requirements specified in clause 1 of this Article;

b) The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and ministerial-level agencies in guiding and organizing the implementation of the provisions in Clause 1 of this Article; integrate monitoring information of persistent pollutants into the national environmental status report according to the provisions of the Stockholm Convention, other relevant international treaties to which the Socialist Republic of Vietnam is a member, and according to legal regulations;

c) Ministries and ministerial-level agencies concerned and provincial-level People's Committees shall organize the implementation of environmental protection requirements for persistent organic pollutants and materials, fuels, substances, products, goods, equipment containing persistent organic pollutants within their sectoral or local management responsibilities as prescribed by the Stockholm Convention, other relevant international treaties to which the Socialist Republic of Vietnam is a party, and as stipulated by law;

d) The Government shall provide detailed regulations on environmental protection in the management of persistent organic pollutants, materials, fuels, substances, products, goods, equipment containing persistent organic pollutants in accordance with the Stockholm Convention and other relevant international treaties to which the Socialist Republic of Vietnam is a party.

Article 70. Environmental protection in the import, temporary import, re-export, and transit of goods

1. Organizations and individuals are prohibited from importing the following machinery, equipment, means, raw materials, and scrap goods:

a) Used machinery, equipment, means for dismantling, except in cases prescribed in Clause 2 of this Article;

b) Machinery, equipment, means, goods, raw materials, and scrap contaminated with radioactive substances, pathogens, or other toxic substances that have not been cleaned or cannot be cleaned.

2. The import and dismantling of used ships must meet environmental technical standards. The Government shall regulate the subjects and conditions for importing and dismantling used ships.

3. The activities of temporary import, re-export, and transit of goods with potential environmental pollution risks shall be carried out in accordance with the laws on foreign trade management.

Article 71. Environmental protection in the import of scrap from abroad.

1. Imported scrap from abroad into Vietnam must comply with environmental technical standards and be listed in the Catalog of scrap allowed to be imported from abroad for use as production materials issued by the Prime Minister.

2. Organizations and individuals are only allowed to import scrap from abroad as production materials for their own production facilities and must meet the following environmental protection requirements:

a) Have a production facility with recycling and reuse technology and equipment, storage areas dedicated to collecting scrap that meet environmental protection requirements; have a plan to handle accompanying impurities suitable for the imported scrap;

b) Have an environmental permit;

c) Provide an environmental protection deposit in accordance with the provisions of Article 137 of this Law before the scrap is unloaded at the port in cases of import via seaport or before importing into Vietnam in other cases;

d) There is a written commitment regarding the re-export or treatment of waste in case imported waste does not meet environmental protection requirements.

3. The government shall provide detailed regulations for clause 2 of this Article.

Chapter VI. WASTE MANAGEMENT AND CONTROL OF OTHER POLLUTANTS

Section 1. GENERAL PROVISIONS ON WASTE MANAGEMENT

Article 72. Requirements on waste management

1. General requirements for the management of domestic solid waste, hazardous waste, and common industrial solid waste are stipulated as follows:

a) Waste must be managed throughout the entire process of generation, reduction, classification, collection, storage, transfer, transportation, reuse, recycling, treatment, and disposal;

b) The owners of sources of hazardous waste and common industrial solid waste are responsible for reusing, recycling, treating, and recovering energy from the waste or transferring it to facilities with the appropriate function and environmental permit for treatment;

c) Owners of industrial waste sources must responsibly control and classify the waste as hazardous waste or common industrial solid waste through sample collection and analysis conducted by competent and qualified facilities in accordance with legal regulations. Industrial waste, after classification, must be managed in accordance with legal regulations;

d) Waste that meets the technical standards and regulations for raw materials, fuel, and materials according to the law on product and goods quality is managed as products and goods and is allowed to be directly used as raw materials, fuel, or materials for production activities;

d) Organizations and individuals transporting household solid waste, hazardous waste, and ordinary industrial solid waste that must be handled are responsible for transporting the waste to facilities with appropriate functions and environmental permits, or transferring it to other organizations or individuals for transportation to facilities with appropriate functions and environmental permits;

e) The management of radioactive waste is carried out according to the provisions of the law on atomic energy.

2. General requirements for wastewater management are specified as follows:

a) Wastewater must be collected and treated to meet environmental technical standards before being discharged into receiving sources;

b) Wastewater is encouraged to be reused when it meets environmental protection requirements and water usage purposes;

c) Wastewater containing hazardous environmental parameters exceeding the prescribed threshold must be managed according to the regulations on hazardous waste management;

d) The discharge of treated wastewater into the environment must be managed in accordance with the provisions of environmental protection law, suitable to the carrying capacity of the receiving environment.

3. Exhaust gases must be collected and treated to meet environmental protection requirements.

4. Organizations and individuals generating waste are responsible for applying solutions to save resources and energy; using environmentally friendly raw materials, fuels, and materials, renewable energy; applying cleaner production technologies and programs, environmental control, and other measures to minimize waste generation; updating information on the national environmental database when transferring hazardous waste or ordinary industrial solid waste, which must be processed to a facility with an appropriate environmental permit.

5. The State has a policy of socializing the work of collecting, transporting, reusing, recycling, treating, and recovering energy from waste treatment processes; applying advanced, environmentally friendly waste treatment technology and the best available techniques to minimize and control the generation of secondary waste, and to minimize the amount of solid waste that must be landfilled; encouraging co-treatment of waste, using waste as raw materials, fuel, and substitute materials.

6. The Minister of Natural Resources and Environment shall promulgate the list of hazardous waste, industrial waste requiring control, and common industrial solid waste; technical requirements for environmental protection for vehicles transporting municipal solid waste, common industrial solid waste, and hazardous waste.

7. The provincial-level People's Committee is responsible for waste management in its area; promulgates regulations on waste management and implements preferential policies and support for waste management activities as prescribed by law.

8. The Government shall provide detailed regulations on the prevention, minimization, classification, collection, transportation, reuse, recycling, and treatment of waste.

Article 73. Minimization, reuse, recycling, and treatment of plastic waste, prevention and control of ocean plastic waste pollution.

1. Organizations and individuals are responsible for limiting the use, minimizing, sorting, and disposing of waste from single-use plastic products and non-biodegradable plastic packaging as prescribed; not disposing of plastic waste directly into drainage systems, ponds, lakes, canals, rivers, and oceans.

2. Plastic waste generated from tourism and marine services, maritime economy, oil and mineral resource exploitation, aquaculture, and fisheries must be collected, stored, and transferred to facilities with recycling and treatment functions.

3. Environmentally friendly products, products that replace single-use plastic products, and products that replace non-biodegradable plastic packaging, if certified, are entitled to incentives and support in accordance with the provisions of law.

4. Plastic waste must be collected and classified for reuse, recycling, or treatment in accordance with the law. Plastic waste that cannot be recycled must be handed over to facilities authorized to handle it in accordance with regulations. Plastic waste arising from economic activities at sea must be collected for reuse, recycling, or treatment and must not be discharged into the sea.

5. The State encourages the reuse and recycling of plastic waste for the production of goods, construction materials, and transportation projects; encourages research and development of systems for collecting and treating floating plastic waste in the seas and oceans; and has policies to promote the reuse and recycling of plastic waste.

6. Provincial-level People's Committees shall direct the collection and treatment of plastic waste in their localities; propagate and encourage the limitation of using non-biodegradable plastic packaging and single-use plastic products; propagate the harms of directly disposing of fishing gear into the sea and plastic waste to the ecosystem.

7. The Government shall stipulate the roadmap to limit the production and import of single-use plastic products, non-biodegradable plastic packaging, and products or goods containing microplastics.

Article 74. Environmental Auditing

1. Environmental auditing is the systematic and comprehensive review and assessment of the effectiveness of environmental management and pollution control at production, business, and service establishments.

2. The main contents of environmental auditing for production, business, and service establishments include:

a) The use of energy, chemicals, raw materials, and imported waste as production materials;

b) Pollution control and waste management.

3. Encourage production, business, and service establishments to carry out environmental audits themselves.

4. The Minister of Natural Resources and Environment provides technical guidance on the operation of environmental self-audits for production, business, and service establishments.

Section 2. MANAGEMENT OF MUNICIPAL SOLID WASTE

Article 75. Classification, storage, and transfer of municipal solid waste

1. Municipal solid waste generated from households and individuals shall be classified according to the following principles:

a) Solid waste that can be reused or recycled;

b) Food waste;

c) Other municipal solid waste.

2. The provincial People's Committee shall decide on the specific classification of municipal solid waste specified in point c, clause 1 of this Article within its jurisdiction according to the guidance of the Ministry of Natural Resources and Environment; there shall be policies encouraging the separate classification of hazardous waste in municipal solid waste generated from households and individuals.

3. Urban households and individuals must contain and store solid household waste after classification in accordance with the provisions of Clause 1 of this Article in packaging for transfer as follows:

a) Solid waste that can be reused or recycled must be transferred to organizations, individuals for reuse or recycling, or facilities that have the function of collecting and transporting solid household waste;

b) Food waste and other solid household waste must be contained and stored in packaging according to regulations and transferred to facilities that have the function of collecting and transporting solid household waste; food waste can be used as organic fertilizer or animal feed.

4. Households and individuals in rural areas generating household solid waste, after sorting according to the provisions in Clause 1 of this Article, shall manage it as follows:

a) Encourage making full use of food waste to produce organic fertilizer and animal feed;

b) Solid waste that can be reused or recycled shall be transferred to organizations or individuals for reuse or recycling, or to facilities with the function of collecting and transporting household solid waste;

c) Food waste that is not handled according to the provisions in point a of this clause must be transferred to facilities with the function of collecting and transporting household solid waste;

d) Other household solid waste must be contained in packaging according to regulations and transferred to facilities with the function of collecting and transporting household solid waste.

5. Encourage households and individuals in rural areas who generate domestic solid waste to carry out sorting, storage, and transfer of domestic solid waste in accordance with the provisions of Clause 3 of this Article.

6. The sorting, collection, transportation, and treatment of bulky waste shall be carried out in accordance with the regulations of the provincial People's Committee.

7. The Vietnam Fatherland Front Committee, political-social organizations at all levels shall mobilize residential communities, households, and individuals to implement the classification of household solid waste at the source. Residential communities and grassroots political-social organizations are responsible for supervising the classification of household solid waste by households and individuals.

Article 76. Collection points and transfer stations for household solid waste

1. Collection points and transfer stations for household solid waste must have separate areas for storing different types of classified household solid waste, ensuring that classified wastes are not mixed with each other.

2. People’s Committees at all levels are responsible for arranging site locations for collection points and transfer stations that meet technical requirements for environmental protection as prescribed by the Ministry of Natural Resources and Environment.

Article 77. Collection and transportation of household solid waste

1. People’s Committees at all levels select facilities for the collection and transportation of household solid waste through the bidding method in accordance with the law on bidding; in cases where selection through bidding is not possible, it shall be carried out in the form of ordering or assigning tasks as prescribed by law.

2. Facilities collecting and transporting household solid waste have the right to refuse to collect and transport household solid waste from households or individuals who do not sort waste, do not use proper packaging according to regulations, and must notify the competent authorities for inspection and handling according to legal regulations, except for cases where households or individuals use packaging of other household solid waste as prescribed in Point c, Clause 1, Article 75 of this Law.

3. Facilities collecting and transporting household solid waste are responsible for coordinating with the commune-level People's Committee, local communities, and community representatives in determining the time, location, frequency, and routes for collecting household solid waste and for widely publicizing this information.

4. Facilities for collecting and transporting household solid waste must use equipment and means designed appropriately for each type of sorted household solid waste, meeting technical requirements on environmental protection as prescribed by the Ministry of Natural Resources and Environment; the transportation of household solid waste must be carried out according to the routes and times prescribed by the provincial People's Committee.

5. Households and individuals are responsible for delivering sorted household solid waste to the designated collection points as prescribed or handing it over to facilities for collecting and transporting household solid waste.

6. Investment project owners, owners, management boards of new urban areas, high-rise apartments, office buildings must arrange equipment and facilities for storing household solid waste suitable for the types of waste as prescribed in Clause 1, Article 75 of this Law; organize the collection of waste from households and individuals and transfer it to household solid waste collection and transportation facilities.

7. The commune-level People's Committee has the following responsibilities:

a) Inspect compliance with environmental protection laws in the collection and transportation of household solid waste; handle violations of the law on household solid waste management within their authority; consider and address proposals and feedback from organizations, local communities, households, and individuals related to the collection and transportation of household solid waste;

b) Preside over and coordinate with facilities for collecting and transporting household solid waste, local communities, and grassroots political-social organizations to determine the time, location, frequency, and routes for collecting household solid waste;

c) Guide households and individuals to transfer household solid waste to collection and transportation facilities or to designated collection points in accordance with regulations; guide local communities to monitor and publicly report cases of non-compliance with regulations on the sorting and collection of household solid waste.

Article 78. Treatment of household solid waste

1. The State encourages and has preferential policies for organizations and individuals participating in investment and providing municipal solid waste treatment services; co-treatment of municipal solid waste is encouraged.

2. People's Committees at all levels select municipal solid waste treatment facilities through bidding in accordance with the provisions of the law on bidding; in cases where selection cannot be made through bidding, it shall be carried out through order placement or task assignment as prescribed by law.

3. Facilities providing municipal solid waste treatment services must meet environmental protection requirements in accordance with the provisions of this Law. Investment in facilities providing municipal solid waste treatment services that only serve the area of a single commune-level administrative unit is not encouraged.

4. Household solid waste must be treated using appropriate technology that meets environmental technical standards. The government stipulates a roadmap to limit the treatment of household solid waste through direct landfilling technology.

5. The Minister of Natural Resources and Environment shall issue criteria for household solid waste treatment technology; guide the models for treating household solid waste in urban and rural areas.

6. The provincial-level People's Committee is responsible for planning and allocating land for household solid waste treatment areas, ensuring timely land allocation to implement the construction and operation of household solid waste treatment areas in the locality; allocating funds for the investment, construction, and operation of systems for collection, storage, transfer, transportation, and treatment of household solid waste; and for systems of facilities, measures, and public equipment serving the management of household solid waste in the locality.

Article 79. Costs of collection, transportation, and treatment of household solid waste

1. The service price for the collection, transportation, and treatment of household solid waste from households and individuals is calculated based on the following grounds:

a) In accordance with the provisions of the law on prices;

b) Based on the quantity or volume of sorted waste;

c) Solid waste that can be reused or recycled, and hazardous waste generated from households and individuals that has been separately sorted shall not have to pay the service price for collection, transportation, and treatment.

2. In case households or individuals do not sort or sort incorrectly according to the provisions in points a and b, clause 1, Article 75 of this Law, they must pay the service price for collection, transportation, and treatment as for other household solid waste.

3. Agencies, organizations, production, business, and service establishments, concentrated production, business, and service zones, and industrial clusters that generate waste from living and office activities in small quantities as prescribed by the Government may choose to manage domestic solid waste in the same way as households and individuals as stipulated in Article 75 of this Law or manage it according to the provisions of Clause 4 of this Article.

4. Agencies, organizations, production, business, and service establishments, concentrated production, business, and service zones, and industrial clusters that generate waste from living and office activities in large quantities as prescribed by the Government must transfer it to recycling, reuse, or waste treatment facilities with appropriate functions or transfer it to collection and transportation facilities with suitable means and equipment for transport to recycling, reuse, or solid waste treatment facilities with appropriate functions.

5. The Minister of Natural Resources and Environment shall guide the method for pricing municipal solid waste treatment services; regulate the economic and technical norms for the collection, transportation, and treatment of municipal solid waste; provide technical guidance on the classification of municipal solid waste; and guide the implementation of the provisions in Clause 1 of this Article.

Amended and supplemented provisions:

6. The provincial People's Committee shall specify detailed regulations on the management of municipal solid waste of households and individuals in the locality; regulate specific prices for collection, transportation, and treatment services of municipal solid waste; and specify the form and amount of funds that households and individuals must pay for the collection, transportation, and treatment of municipal solid waste based on the classified waste's volume or quantity.

7. The provisions in Clause 1 of this Article and Clause 1 of Article 75 of this Law must be implemented no later than December 31, 2024.

Article 80. Pollution treatment and environmental rehabilitation of municipal solid waste landfills

1. Municipal solid waste landfills after closure and unsanitary municipal solid waste landfills must be treated for pollution and rehabilitated to meet environmental protection requirements.

2. The investor or the management facility of the municipal solid waste landfill shall have the following responsibilities:

a) Immediately after closing the municipal solid waste landfill, they must restore the landscape of the area and implement measures to prevent environmental pollution;

b) Organize monitoring and tracking of environmental developments at the municipal solid waste landfill from the date the landfill is closed and report to the provincial environmental protection authority as prescribed;

c) Complete pollution treatment and environmental rehabilitation, prepare documentation, and hand over the site to the competent state agency after the activity ends.

3. The government issues preferential and incentive policies for organizations and individuals to invest in the treatment and rehabilitation of the environment of municipal solid waste landfills.

4. The Minister of Natural Resources and Environment guides the closure of municipal solid waste landfills.

5. Provincial People's Committees allocate resources and funding for the treatment and rehabilitation of the environment of state-managed municipal solid waste landfills and spontaneous municipal solid waste landfills in the area.

Section 3. MANAGEMENT OF COMMON INDUSTRIAL SOLID WASTE

Article 81. Classification, storage, and transportation of common industrial solid waste

1. Common industrial solid waste is classified into the following groups:

a) Group of common industrial solid waste that can be reused or recycled as production materials;

b) The group of common industrial solid wastes that meet standards, technical regulations, and technical guidelines to be used in building material production and land leveling;

c) The group of common industrial solid wastes that must be treated.

2. Owners of production, business, and service facilities, concentrated production, business, and service zones, industrial clusters, agencies, or organizations generating common industrial solid waste are responsible for classifying waste at the source according to the provisions in Clause 1 of this Article; storing it in a manner that ensures no environmental pollution. Common industrial solid waste that is not classified must be managed as waste specified in Point c, Clause 1 of this Article.

3. Common industrial solid waste that contains hazardous waste and has not been sorted or cannot be sorted shall be managed in accordance with regulations on hazardous waste management.

4. Common industrial solid waste must be stored separately according to the classified type; hazardous waste must not be mixed with common industrial solid waste; it must not release dust or leak wastewater into the environment; it must be stored using appropriate equipment, tools, or storage areas in accordance with the provisions of the Minister of Natural Resources and Environment.

5. The transportation of common industrial solid waste must meet the following requirements:

a) Waste must be contained in equipment or tools that ensure no spillage, leakage, or release into the environment during transportation, except in the case of specific waste with large volume which must be directly contained using the transport vehicle's equipment or containers;

b) Waste must be transported according to its type after being classified in accordance with regulations;

c) Means of transporting common industrial solid waste must be equipped with positioning devices that meet technical requirements, operating along routes and times prescribed by the Provincial People's Committee.

Article 82. Treatment of common industrial solid waste

1. Production, business, service establishments, concentrated production, business, service areas, industrial clusters, agencies, and organizations that generate ordinary industrial solid waste must reuse, recycle, recover energy, and treat ordinary industrial solid waste or transfer it to the following entities:

a) Production facilities that directly use it as production materials, produce construction materials, or for land leveling permitted to operate under the law;

b) Production facilities with co-processing waste functions in accordance with regulations;

c) Facilities for the treatment of conventional industrial solid waste with appropriate functions;

d) Conventional industrial solid waste transportation facilities that have a transfer contract with the entities specified in points a, b, or c of this clause.

2. Facilities providing conventional industrial solid waste treatment services must meet environmental protection requirements as stipulated by this Law.

3. The owners of facilities providing conventional industrial solid waste treatment services have the following responsibilities:

a) Ensure that systems, means, equipment, storage, and treatment of conventional industrial solid waste, including pre-treatment, reuse, recycling, co-processing, treatment, and energy recovery of conventional industrial solid waste, meet technical requirements and management procedures as prescribed;

b) In case hazardous waste arises from establishments providing ordinary industrial solid waste treatment services, the responsibility of the hazardous waste source owner must be carried out according to regulations;

c) Periodically and unexpectedly report on the occurrence and treatment of ordinary industrial solid waste as required by the competent state management authorities;

d) Use the handover record for commonly handled industrial solid waste for each transfer received; maintain an operation log of systems, means, and equipment for treatment including pre-processing, reuse, recycling, co-processing, energy recovery from commonly handled industrial solid waste; a register to track the quantity of products recycled or recovered from commonly handled industrial solid waste (if any).

4. Organizations and individuals generating commonly handled industrial solid waste must be able to recycle, treat, co-process, or recover energy when meeting the following requirements:

a) Carry out using available technology, environmental protection works, and production equipment within the premises of the facility generating commonly handled industrial solid waste, and ensure compliance with environmental protection requirements as stipulated;

b) Must comply with the decision approving the results of the environmental impact assessment, and the environmental permit;

c) Do not invest in new incinerators and landfills for the treatment of common industrial solid waste, except in cases that conform to the contents of solid waste management in the relevant planning documents.

Section 4. HAZARDOUS WASTE MANAGEMENT

Article 83. Declaration, classification, collection, storage, and transportation of hazardous waste

1. The owner of hazardous waste sources has the following responsibilities:

a) Declare the quantity and type of hazardous waste in the application for an environmental permit or in the environmental registration content;

b) Carry out segregation, classification, separate collection, and storage without mixing with non-hazardous waste, ensuring no environmental pollution;

c) Reuse, recycle, treat, co-treat, or recover energy according to the law, or transfer hazardous waste to a facility with the appropriate environmental permit for treatment.

2. The storage of hazardous waste must meet the following requirements:

a) Must be stored separately according to the classified type;

b) Do not mix hazardous waste with regular waste;

c) Do not allow dust to spread or liquid waste to leak into the environment;

d) May only be stored for a certain period as prescribed by law.

3. Hazardous waste during transportation must be stored and transported using specialized equipment and means suitable for the waste to the waste treatment facility. Vehicles transporting hazardous waste must be equipped with tracking devices; operating according to routes and times as prescribed by the provincial People's Committee.

4. Subjects allowed to transport hazardous waste include:

a) Owners of hazardous waste sources who have vehicles and equipment suitable to meet technical requirements, management procedures as prescribed by law on environmental protection;

b) Facilities granted an environmental permit with the function of treating hazardous waste suitable for the type of waste to be transported.

5. The Minister of Natural Resources and Environment shall provide technical guidance and forms for declaring, classifying, collecting, and storing hazardous waste; provide technical guidance on vehicles, storage equipment, transportation, prevention, and emergency response during hazardous waste transportation and treatment; provide guidance on registration and transboundary transportation of hazardous waste in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.

Article 84. Treatment of hazardous waste

1. Hazardous waste must be treated using appropriate technology and comply with legal regulations on environmental protection.

2. The State encourages and offers preferential policies for organizations and individuals participating in investment and providing hazardous waste treatment services; encourages investment in facilities that provide hazardous waste treatment services on a regional scale; encourages co-treatment of hazardous waste.

3. Facilities providing hazardous waste treatment services must meet the following requirements:

a) Be consistent with the national environmental protection plan or plans containing content on hazardous waste treatment, except in the case of co-treatment of hazardous waste;

b) Ensure environmental safety distances as prescribed;

c) Hazardous waste treatment technology must be appraised and have opinions in accordance with the law on technology transfer; it is encouraged to apply environmentally friendly technology, the best available techniques, and treatment technology combined with energy recovery;

d) Have an environmental permit;

d) Have personnel in charge of environmental protection who are trained in environmental majors or relevant professional fields;

e) Have a safe operation process for technology, means, and specialized equipment in accordance;

g) Have an environmental management plan including content on pollution control and waste management; occupational safety and hygiene; environmental incident prevention and response; annual periodic training; environmental monitoring programs; evaluation of hazardous waste treatment effectiveness; plans for pollution treatment and environmental rehabilitation after the end of activities;

h) Make an environmental protection deposit in accordance with the provisions of Article 137 of this Law in the case of waste landfill activities.

4. The Minister of Natural Resources and Environment shall issue criteria for hazardous waste treatment technology; guide the implementation of point g, clause 3 of this Article.

5. The provincial-level People's Committee shall organize the implementation of plans containing provisions on hazardous waste treatment; it does not limit the collection of hazardous waste generated in other provincial-level administrative units for treatment at hazardous waste treatment service facilities within the locality.

Article 85. Responsibilities of facilities providing hazardous waste treatment services

1. Fully meet the requirements specified in Clause 3, Article 84 of this Law.

2. Collect, transport, receive, and treat the quantity and types of hazardous waste in accordance with the content of the issued environmental permit.

3. Ensure that systems, means, and equipment for storing and treating hazardous waste meet technical requirements and management processes as prescribed.

4. Fulfill the responsibilities of a hazardous waste source owner for hazardous waste generated from operational processes that cannot be treated.

5. Register with the competent environmental licensing authority to obtain approval when there is a need to coordinate the transportation of hazardous waste not included in one's environmental permit to the facility owner providing hazardous waste treatment services that have the appropriate function in accordance with Government regulations.

6. Prepare, use, store, and manage hazardous waste documents, hazardous waste management reports, and related records, documents, and logs concerning hazardous waste management in accordance with regulations.

7. Publicly disclose and provide information on the type and quantity of hazardous waste collected, treated, treatment methods; information on the name and address of the owners of hazardous waste collected and treated, and other environmental information that must be publicly disclosed and provided according to the provisions of Article 114 of this Law.

Section 5. WASTEWATER MANAGEMENT

Article 86. Collection and treatment of wastewater

1. New urban areas, concentrated residential areas; production, business, service establishments, concentrated production, business, service areas, industrial clusters must have a separate wastewater collection and treatment system from the rainwater drainage system, except for special cases as prescribed by the Government.

2. Management of urban wastewater, concentrated residential areas is regulated as follows:

a) Domestic wastewater generated from organizations and households must be collected and connected to the wastewater collection and treatment system;

b) Wastewater generated from production, business, and service activities in urban areas must be collected and preliminarily treated before being connected to the urban wastewater collection and treatment system; wastewater after preliminary treatment must comply with the regulations of urban areas, concentrated residential areas, or the regulations of local authorities;

c) Wastewater generated from production, business, and service activities in urban areas without centralized wastewater treatment facilities must be collected and treated to meet environmental protection requirements before being discharged into the receiving source.

3. The management of wastewater from production, business, and service activities is regulated as follows:

a) Wastewater from production, business, and service establishments in concentrated production, business, and service zones or industrial clusters must be collected and preliminarily treated before being connected to the industrial wastewater collection and treatment system as required by the investor developing the concentrated production, business, and service zones or industrial clusters to ensure that the wastewater is treated to meet environmental protection requirements;

b) Wastewater from production, business, and service establishments located outside urban areas, concentrated residential areas, concentrated production, business, and service zones, or industrial clusters that cannot be connected to the wastewater collection and treatment system must be collected and treated to meet environmental protection requirements before being discharged into receiving sources.

4. Domestic wastewater generated by organizations and households in non-concentrated residential areas must be collected and treated on-site to meet environmental protection requirements before being discharged into receiving sources.

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

a) Invest in and encourage investment in the construction of systems for collecting and treating urban wastewater and concentrated residential area wastewater in areas where investment responsibility belongs to the State as prescribed by law;

b) Issue a roadmap for land allocation, investment, or encouragement of investment in the construction of systems for collecting and treating urban wastewater and concentrated residential area wastewater in cases where such collection and treatment systems do not yet exist;

c) Issue a roadmap and support policies for organizations and households in urban areas and concentrated residential areas to construct works and install on-site wastewater treatment equipment that meets environmental protection requirements before discharging into receiving sources, in cases where land cannot be allocated to build wastewater collection and treatment systems in urban areas and concentrated residential areas established before this Law takes effect.

d) Issue the implementation roadmap and support policies for collecting and treating domestic wastewater generated by organizations and households in non-centralized residential areas.

6. The Minister of Natural Resources and Environment provides guidance on on-site wastewater treatment technology and techniques.

7. The Minister of Construction provides guidance on the technical infrastructure works for collecting and discharging urban and centralized residential wastewater as stipulated in this Article.

Article 87. Wastewater treatment system

1. The wastewater treatment system must ensure the following requirements:

a) Technology suitable for the type and characteristics of wastewater to be treated;

b) The capacity of the treatment system must be appropriate for the maximum amount of wastewater generated;

c) Wastewater treatment must meet environmental protection requirements;

d) Operation of the wastewater treatment works must follow the correct technical procedures;

d) Have a plan for preventing and responding to environmental incidents for the wastewater treatment system; discharge points must have coordinates, clear signage, and symbols to facilitate inspection and monitoring of discharges.

2. Sludge from the wastewater treatment system must be managed in accordance with the law on solid waste management; sludge containing hazardous elements exceeding the regulated threshold must be managed in accordance with the law on hazardous waste management.

Section 6. MANAGEMENT OF DUST, EMISSIONS, AND OTHER POLLUTANTS

Article 88. Management and control of dust and emissions

1. Organizations and individuals engaged in production, business, or services that generate dust and emissions must control and treat dust and emissions in accordance with environmental technical standards. Dust containing hazardous elements exceeding the regulated threshold must be managed in accordance with the law on hazardous waste management.

2. Means of transport, machinery, equipment and construction works that emit dust and exhaust gases must be equipped with exhaust gas filters, mitigation devices, shielding devices or other measures to reduce dust in accordance with environmental technical regulations.

3. Relevant ministries and ministerial-level agencies shall guide the prevention, inspection, supervision and treatment of dust and exhaust gas sources causing air pollution.

Article 89. Management and control of noise, vibration, light, radiation and unpleasant odors

1. Organizations and individuals that cause noise, vibration, light and radiation must control and handle them in accordance with environmental and radiation technical regulations.

2. Organizations and individuals in residential areas that cause noise, vibration, light, radiation and unpleasant odors must take measures to minimize and avoid adverse impacts on residential communities.

3. Organizations and individuals managing roads with high traffic density that cause noise, vibration, light, and radiation must have mitigation measures to meet environmental technical standards.

4. It is prohibited to produce, import, transport, trade, and use explosive fireworks. The production, import, transport, trade, and use of fireworks are carried out in accordance with Government regulations.

Chapter VII. RESPONDING TO CLIMATE CHANGE

Article 90. Climate change adaptation

1. Climate change adaptation refers to activities aimed at enhancing the resilience of natural and social systems, minimizing the negative impacts of climate change, and taking advantage of opportunities provided by climate change.

2. The content of climate change adaptation includes:

a) Assess the impacts, vulnerabilities, risks, losses, and damages caused by climate change to sectors, regions, and communities based on climate change scenarios and socio-economic development forecasts;

b) Implement activities for climate change adaptation, disaster risk reduction, community-based and ecosystem-based climate change adaptation models; respond to sea level rise and urban flooding;

c) Build and implement a system for monitoring and evaluating climate change adaptation activities.

3. The Ministry of Natural Resources and Environment shall take the lead, in coordination with Ministries and ministerial-level agencies, to perform the following responsibilities:

a) Organize the implementation of the regulations specified in points a and c, clause 2 of this Article;

b) Submit to the Prime Minister for issuance of the National Plan on Climate Change Adaptation and periodically review and update it every 5 years; the national-level monitoring and evaluation system for climate change adaptation activities; criteria for identifying investment projects and climate change adaptation tasks under the Prime Minister's approval authority; criteria for assessing climate risks;

c) Guide the assessment of impacts, vulnerability, risks, losses, and damages caused by climate change;

d) Develop and implement the National Plan on Climate Change Adaptation;

đ) Develop and implement the national-level monitoring and evaluation system for climate change adaptation activities.

4. Ministries, ministerial-level agencies, and provincial People's Committees have the following responsibilities:

a) Implement the contents specified in Point b, Clause 2 of this Article according to the provisions of this Law and other relevant legal regulations; organize the assessment of impacts, vulnerabilities, risks, losses, and damages caused by climate change; annually compile and send reports to the Ministry of Natural Resources and Environment;

b) Develop and organize the implementation of monitoring and evaluation of climate change adaptation activities at the sectoral and local levels within the management scope of the sector or field.

Article 91. Mitigation of Greenhouse Gas Emissions

1. The main greenhouse gases are carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). Gases with low concentrations but high potential to cause the greenhouse effect include hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulphur hexafluoride (SF6), and nitrogen trifluoride (NF3).

2. Contents of greenhouse gas emission mitigation include:

a) Organize the implementation of activities to mitigate greenhouse gas emissions and absorb greenhouse gases according to the roadmap and methods of greenhouse gas emission mitigation suitable to the conditions of the country and international commitments;

b) Inventory greenhouse gases and measure, report, and verify greenhouse gas emission mitigation at the national, sectoral, field, and relevant facility levels;

c) Inspect compliance with regulations on greenhouse gas inventory, greenhouse gas emission mitigation, and the implementation of mechanisms and methods of cooperation on greenhouse gas emission mitigation;

d) Develop and implement mechanisms and methods of cooperation on greenhouse gas emission mitigation in accordance with the law and international treaties to which the Socialist Republic of Vietnam is a party;

đ) Organize and develop the domestic carbon market.

3. The Prime Minister shall issue a list of sectors and facilities emitting greenhouse gases that are required to conduct greenhouse gas inventories, updated every 2 years based on the proportion of greenhouse gas emissions to the total national greenhouse gas emissions; conditions and socio-economic development; fuel consumption, energy per unit of product, service for production, business, and service establishments.

4. The Ministry of Natural Resources and Environment has the following responsibilities:

a) Develop and submit to the Prime Minister for approval the list of sectors and facilities emitting greenhouse gases that must conduct greenhouse gas inventories; issue the national greenhouse gas inventory system; the measurement, reporting, and verification system for greenhouse gas emission mitigation;

b) Periodically prepare national greenhouse gas inventory reports every 2 years;

c) Guide and organize the implementation of the assessment of greenhouse gas inventory results and greenhouse gas emission reduction plans for sectors and establishments required to perform greenhouse gas inventories.

5. Sector management ministries responsible for conducting greenhouse gas inventories shall have the following responsibilities:

a) Organize the implementation of greenhouse gas inventories and submit greenhouse gas inventory results every 2 years to the Ministry of Natural Resources and Environment before January 31 of the following reporting period for compilation and reporting to the Prime Minister;

b) Develop and implement annual greenhouse gas emission reduction plans in the fields of energy, agriculture, land use and forestry, waste management, and industrial processes;

c) Guide procedures and technical regulations on measurement, reporting, and assessment of greenhouse gas emission reductions within the scope of industry or sector management;

d) Compile and report the results of greenhouse gas emission mitigation implementation annually within the management scope to the Ministry of Natural Resources and Environment before January 15 of the following reporting period for consolidation and reporting to the Prime Minister;

d) Guide the selection and application of technological and management measures to mitigate greenhouse gas emissions appropriate to the scale and industry within the management field.

6. The provincial-level People's Committee is responsible for providing information and data to serve the national and sectoral greenhouse gas inventory sent to the Ministry of Natural Resources and Environment and relevant Ministries and ministerial-level agencies; and for inspecting the implementation of activities related to greenhouse gas emission mitigation within its management scope.

7. Greenhouse gas emission facilities listed as required to perform the greenhouse gas inventory have the following responsibilities:

a) Organize the implementation of greenhouse gas inventory, build and maintain a greenhouse gas emission database system, and send the greenhouse gas inventory results every 2 years to the Ministry of Natural Resources and Environment before December 1 of the reporting period to compile and report to the Prime Minister;

b) Develop and implement an annual plan to mitigate greenhouse gas emissions; integrate greenhouse gas emission reduction activities with the quality management program, cleaner production program, and environmental protection program of the establishment;

c) Annually, prepare a report on the reduction of greenhouse gas emissions to implement the greenhouse gas emission mitigation plan of the facility according to the measurement, reporting, and verification system submitted to the Ministry of Natural Resources and Environment and the Ministries, ministerial-level agencies, and relevant provincial People's Committees before December 31 of the reporting period.

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

Article 92. Protection of the ozone layer

1. Protecting the ozone layer is a climate change response activity aimed at preventing the depletion of the ozone layer and limiting the harmful effects of ultraviolet radiation from the Sun.

2. The content of ozone layer protection includes:

a) Managing the production, export, import, consumption, and elimination of ozone-depleting substances and greenhouse gases controlled under the international treaties on ozone layer protection to which the Socialist Republic of Vietnam is a party;

b) Implement the collection, recycling, reuse, or destruction of ozone-depleting substances and controlled greenhouse gases under international treaties to which the Socialist Republic of Vietnam is a party, in devices containing these substances when they are no longer in use;

c) Develop and apply technology and equipment that use ozone-friendly substances and climate-friendly substances.

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

a) Take the lead, in coordination with relevant Ministries and ministerial-level agencies, to submit to the Prime Minister for issuance the National Plan for the management and elimination of ozone-depleting substances and controlled greenhouse gases under international treaties for ozone layer protection to which the Socialist Republic of Vietnam is a party;

b) Issue the list and guidelines for the use of ozone-depleting substances and greenhouse gases that are appropriately controlled in accordance with the roadmap for implementing international treaties on ozone layer protection to which the Socialist Republic of Vietnam is a member;

c) Take the lead in coordination with Ministries, ministerial-level agencies, and provincial-level People's Committees to manage, control, minimize the use of, and eliminate the substances specified in the list under point b of this clause; organize the implementation of the National Plan for the management and elimination of ozone-depleting substances and greenhouse gases.

4. Ministries, ministerial-level agencies, and provincial-level People's Committees, within their respective management authority, shall implement the control of production, export, import, and consumption of substances listed in point b, clause 3 of this Article. Ministers and heads of ministerial-level agencies shall issue management regulations and support policies for the technological transition to eliminate or reduce the use of ozone-depleting substances and controlled greenhouse gases.

5. Facilities producing equipment or products containing or using substances listed in point b, clause 3 of this Article must develop an appropriate roadmap to replace or eliminate ozone-depleting substances and controlled greenhouse gases under international treaties to which the Socialist Republic of Vietnam is a party regarding ozone layer protection.

6. Facilities using equipment or products containing or using substances listed in point b, clause 3 of this Article must comply with regulations on collection, transportation, recycling, reuse, and disposal according to the guidance of the Ministry of Natural Resources and Environment.

7. Production, business, and service establishments that use substances listed in point b, Clause 3 of this Article shall implement technology conversion for ozone layer protection and are entitled to incentives and support in accordance with the provisions of this Law and the law on technology transfer.

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

Article 93. Integrating climate change response content into strategies and planning

1. The content of integrating climate change response into strategies and planning includes:

a) Climate change scenarios and the impacts of climate change used to determine the long-term objectives of the strategy or planning;

b) Climate change response solutions integrated into the content of the strategy or planning;

c) The results of analysis and assessment of climate change response solutions used to determine the socio-economic indicators of the strategy or planning.

2. Strategies and plannings specified in Article 25 of this Law must integrate climate change response contents in accordance with this Law and other relevant laws.

Article 94. National Database on Climate Change

1. The National Database on Climate Change includes the following information and data:

a) Legal documents, policies, strategies, master plans, plans, standards, technical regulations, technical regulations and professional processes, economic-technical norms on climate change and ozone layer protection;

b) Impacts of climate change on natural resources, environment, ecosystems, living conditions and socio-economic activities;

c) Greenhouse gas emissions and socio-economic activities related to greenhouse gas emissions;

d) Activities to mitigate greenhouse gas emissions and adapt to climate change;

đ) Protection of the ozone layer and management of ozone-depleting substances;

e) Results of the national climate assessment;

g) Climate change scenarios for different periods;

h) Scientific research, development, and technology transfer to respond to climate change and protect the ozone layer;

i) Resources for responding to climate change and protecting the ozone layer;

k) International cooperation activities on responding to climate change and protecting the ozone layer.

2. The Ministry of Natural Resources and Environment shall organize the development, updating, and guidance on exploitation and use of the national climate change database.

3. Ministries, ministerial-level agencies, and provincial People's Committees are responsible for organizing surveys and collecting information and data specified in Clause 1 of this Article within their respective management scope and sector to submit to the Ministry of Natural Resources and Environment.

Article 95. National report on responses to climate change

1. The content of the national report on responses to climate change includes:

a) Overview of developments and impacts of climate change;

b) Results of the national greenhouse gas inventory;

c) Efforts and effectiveness in responding to climate change;

d) Domestic and international resources allocated for climate change response;

đ) Status of implementation of international commitments on climate change;

e) Forecast of climate change impacts on the economy, society, and environment;

g) Recommendations for climate change response solutions.

2. Ministries, ministerial-level agencies, and provincial People's Committees are responsible for annually preparing reports on climate change response within their scope and field of management and sending them to the Ministry of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment shall, every 5 years, periodically prepare a national report on climate change response and submit it to the Government for reporting to the National Assembly; guide Ministries, ministerial-level agencies, and Provincial People's Committees in preparing reports on climate change response.

Article 96. Implementing international commitments on climate change and ozone layer protection

1. The Ministry of Natural Resources and Environment has the following responsibilities:

a) Act as the focal point for implementing international commitments on climate change and ozone layer protection in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party;

b) Organize the development, updating, and implementation of Nationally Determined Contributions, Biennial Transparency Reports, and other national reports on climate change and ozone layer protection in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party;

c) Develop mechanisms and policies to mobilize and manage resources to implement the Nationally Determined Contributions, Vietnam's commitments to the international community on climate change and ozone layer protection under the provisions of international treaties to which the Socialist Republic of Vietnam is a party.

2. Ministries, ministerial-level agencies, and provincial People's Committees are responsible for participating in the implementation of international commitments on climate change and ozone layer protection under the provisions of international treaties to which the Socialist Republic of Vietnam is a party; report the implementation results to the Ministry of Natural Resources and Environment for consolidation and reporting as prescribed.

Chapter VIII. ENVIRONMENTAL TECHNICAL REGULATIONS, ENVIRONMENTAL STANDARDS

Article 97. Environmental Technical Regulation System

1. Environmental technical regulations on ambient environmental quality include:

a) Group of environmental technical regulations on soil and sediment quality;

b) Group of environmental technical standards on the quality of surface water, groundwater, and seawater;

c) Group of environmental technical standards on air quality;

d) Group of environmental technical standards on light and radiation;

dd) Group of environmental technical standards on noise and vibration.

2. Environmental technical standards on waste include:

a) Group of environmental technical standards on wastewater;

b) Group of environmental technical standards on emissions from production, business, service activities and emissions from transportation vehicles.

3. Environmental technical standards on waste management include:

a) Group of environmental technical standards on hazardous waste;

b) Group of environmental technical standards on solid waste landfills;

c) Group of environmental technical standards on on-site wastewater treatment works and equipment;

d) Group of environmental technical standards on waste incinerators;

d) Group of environmental technical standards on co-processing of waste;

e) Other environmental technical standard groups regarding waste treatment and recycling equipment.

4. Environmental technical standards for managing imported waste from abroad as production materials.

5. Environmental technical standards on the limits of persistent pollutants in raw materials, fuels, materials, products, goods, and equipment.

6. Other environmental technical standards according to environmental protection requirements.

Article 98. Principles for developing and applying environmental technical standards on ambient environmental quality; environmental technical standards on the limits of persistent pollutants in raw materials, fuels, materials, products, goods, equipment

1. The development of environmental technical standards on ambient environmental quality must ensure the following principles:

a) Meet the objective of protecting and improving the quality of the living environment to ensure human health, the development of living organisms, and the sustainable development of ecosystems; serve activities of planning, environmental zoning, and environmental quality assessment;

b) Ensure equivalence with developed countries and be suitable with the natural, economic, and social conditions of the country and each region.

2. The application of environmental technical standards on ambient environmental quality must ensure the following principles:

a) Serve as a basis for classifying and assessing environmental quality at a location or in an area;

b) Serve as a basis for implementing environmental zoning in accordance with management and use purposes;

c) Serve as a basis for developing environmental quality management plans, reviewing, and granting environmental permits for entities discharging into the environment, ensuring that discharges are in line with the purposes of environmental quality management in the planned, zoned, or classified area.

3. Environmental technical standards on limits of persistent pollutants in raw materials, fuels, materials, products, goods, and equipment must ensure the goal of protecting human health and preventing environmental pollution according to international treaties to which the Socialist Republic of Vietnam is a party.

Article 99. Principles for the development and application of environmental technical standards on waste, waste management, and management of imported scrap as production materials from abroad

1. The development of environmental technical standards on waste, waste management, and management of imported scrap as production materials from abroad must ensure the following principles:

a) Environmental technical standards on waste and waste management must be suitable to the technical level, technology, and socio-economic development of the country at each period; harmonized with the regulations of countries in the region and around the world; encouraging production, business, and service establishments to convert to and apply new technologies, the best existing techniques, clean technology, and environmentally friendly technology;

b) Environmental technical standards on waste must be appropriate to the receiving environmental regions and zones; built based on planning and environmental zoning; maintaining the purpose of environmental quality management and improving environmental quality;

c) Environmental technical standards on waste management must be appropriate to the purposes and requirements in the collection, storage, and treatment of each type of waste;

d) Environmental technical standards on the management of imported scrap as production materials must ensure long-term prevention and prevent exploitation for bringing waste into Vietnam;

d) Environmental technical standards on waste, waste management, and management of scrap imported from abroad for use as production materials must be reviewed, updated, and adjusted periodically every 5 years or as necessary, in a stricter manner in cases where environmental quality does not ensure the maintenance of environmental quality management objectives;

e) Local environmental technical standards on waste and waste management must be developed in a stricter manner compared to national environmental technical standards.

2. The application of environmental technical standards on waste and waste management must ensure the following principles:

a) Environmental technical standards on waste and waste management must be applied to control pollutants generated from production, business, and service establishments; ensuring no environmental pollution occurs;

b) Environmental technical standards on waste must be applied according to the purpose of managing environmental quality of the region, the receiving environmental area, and the scale and flow of waste discharge;

c) New investment projects and expansion investment projects must meet the latest requirements specified in environmental technical standards on waste and waste management;

d) Operating production, business, and service establishments must have a plan to implement the roadmap for applying environmental technical standards on waste and waste management or a relocation plan if they cannot meet the requirements;

e) In cases where there are no national environmental technical standards related to technology or equipment that generates waste, environmental quality parameters, or pollutants contained in waste, national environmental protection standards of one of the countries in the Group of Industrialized Nations shall be applied.

3. The application of environmental technical standards for the management of imported waste from abroad used as production materials must ensure the following principles:

a) Environmental technical standards for the management of imported waste from abroad used as production materials are one of the bases for customs clearance of imported waste shipments. In case of non-compliance, the waste must be re-exported in accordance with the law;

b) Environmental technical standards for the management of imported waste from abroad used as production materials are applied to each registered shipment of imported waste for inspection, except in cases exempted from inspection under the law.

Article 100. Requirements for environmental technical standards on ambient environmental quality

1. Environmental technical standards on ambient environmental quality must specify the permissible limit values of environmental parameters appropriate to the intended use of the corresponding environmental components, including:

a) The minimum values of environmental parameters to ensure the normal life and development of humans and living organisms;

b) The maximum allowable values of environmental parameters in environmental components to ensure they do not adversely affect the normal life and development of humans and living organisms.

2. Environmental technical standards on ambient environmental quality must provide standardized methods for measurement, sampling, and analysis to determine environmental parameters.

Article 101. Requirements for environmental technical standards on waste, waste management, and management of imported scrap used as production materials

1. Environmental technical standards on waste must specify the permissible limit values of pollutants present in the waste. The permissible limit values of pollutants in the waste must be determined based on the toxicity of the pollutants, discharge scale, and environmental zoning.

2. Environmental technical standards on waste management must specify technical and management requirements for collection, storage, and treatment to ensure no environmental pollution.

3. Environmental technical standards on the management of imported scrap used as production materials must specify technical and management requirements and the maximum allowable impurity rate in the imported scrap shipment.

4. Environmental technical standards on waste and waste management must include provisions on a suitable implementation roadmap.

5. The environmental technical standards specified in this Article must provide standardized methods for sampling, measurement, and analysis to determine indicators and technical parameters.

Article 102. Development, appraisal, and promulgation of environmental technical standards

1. The authority, sequence, and procedures for developing and promulgating national environmental technical standards and local environmental technical standards shall comply with the provisions of the law on standards and technical regulations.

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

a) Developing and promulgating national environmental technical standards;

b) Leading and coordinating with the Ministry of Transport to submit to the Prime Minister for promulgation the roadmap for applying national standards and technical regulations on emissions from road motor vehicles circulating in Vietnam.

3. Ministries and ministerial-level agencies shall promulgate standards, technical regulations, or technical guidelines on reuse, recycling, and the use of waste as raw materials and materials for production, business, and service activities under their management scope after obtaining opinions from the Ministry of Natural Resources and Environment.

4. The Ministry of Science and Technology shall organize the appraisal of environmental technical regulations according to the provisions of the law on standards and technical regulations.

5. In the case that the surrounding environmental quality does not ensure the maintenance of environmental quality protection objectives, the provincial-level People's Committee is responsible for promulgating local environmental technical regulations on waste within a maximum period of 02 years from the date of promulgation of the national environmental technical regulations.

Article 103. Environmental standards

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

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

3. Basic environmental standards are applied within the management scope of the organization that publishes the standards.

Article 104. Development, appraisal, and publication of environmental standards

1. The authority, order, and procedures for developing and appraising environmental standards shall be carried out in accordance with the provisions of the law on standards and technical regulations.

2. The Ministry of Natural Resources and Environment organizes the development and proposes the appraisal of national environmental standards.

3. The Ministry of Science and Technology shall organize the appraisal and announcement of national environmental standards.

4. Agencies and organizations shall formulate and announce basic environmental standards in accordance with the law on standards and technical regulations.

Article 105. Application of best existing techniques

1. Owners of investment projects and establishments in the form of production, business or service that are likely to cause environmental pollution shall study and apply the best available techniques according to the roadmap prescribed by the Government; provide information as required to serve the formulation of technical guidance on the application of the best existing techniques.

2. Criteria for determining the best available techniques include:

a) Ability to reduce the amount of pollutants;

b) Ability to increase the amount of recyclable waste;

c) Costs for the application and operation of the best available techniques;

d) Ability to save energy;

dd) Initiative in pollution prevention and control.

3. The Ministry of Natural Resources and Environment shall take the lead, in coordination with the Ministry of Science and Technology and relevant ministries and ministerial-level agencies, to develop and issue technical guidelines on the application of best available techniques or consider recognizing best available techniques that have been applied in the Group of Industrialized Countries and are permitted to be applied in Vietnam; review, update, and supplement the list of best available techniques to ensure suitability with practical conditions and the level of scientific and technological development; provide guidance on the application of best available techniques for each type of production, business, and service that has the potential to cause environmental pollution.

Chapter IX. ENVIRONMENTAL MONITORING, INFORMATION, ENVIRONMENTAL DATABASES, AND ENVIRONMENTAL REPORTING

Section 1. ENVIRONMENTAL MONITORING

Article 106. General provisions on environmental monitoring

1. Environmental monitoring includes monitoring of waste and environmental monitoring, carried out through automatic, continuous monitoring, periodic monitoring, and monitoring at the request of competent state agencies.

2. Investment projects, facilities, production areas, business and service centers, and industrial clusters that generate waste discharged into the environment must conduct monitoring in accordance with the provisions of Articles 111 and 112 of this Law, ensuring compliance with environmental technical standards.

3. Organizations and individuals are encouraged to participate in environmental monitoring and disclose information about environmental quality to the community as prescribed by law. Organizations and individuals who monitor the environment and disclose information about environmental quality to the community are responsible before the law for the accuracy of the information.

4. Environmental monitoring activities must ensure quality and quality control, providing accurate and reliable monitoring results.

5. Environmental monitoring means and equipment must be inspected and calibrated according to the legal regulations on measurement.

Article 107. Environmental monitoring system

1. The environmental monitoring system includes:

a) National environmental monitoring is a network of stations and monitoring locations of baseline and impact environments serving to monitor and provide information on the quality of baseline and impact environments in areas with inter-regional, inter-provincial, and cross-border characteristics;

b) Provincial-level environmental monitoring is a network of stations and monitoring locations for baseline environmental conditions and impact environments, serving the purpose of monitoring, providing information on baseline environmental quality and impacted environments in areas within the province;

c) Environmental monitoring serving sectoral and field management as stipulated in Article 109 of this Law;

d) Environmental monitoring at investment projects, facilities, concentrated production, business, service areas, and industrial clusters;

dd) Biodiversity monitoring at nature reserves.

2. Organizations participating in the environmental monitoring system include:

a) State management agencies on environmental monitoring;

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

c) Laboratories analyzing environmental samples;

d) Organizations inspecting and calibrating environmental monitoring equipment;

dd) Organizations managing, processing data, and compiling environmental monitoring reports.

3. The environmental monitoring system must be planned in a synchronized manner, interconnected, creating a unified and comprehensive network across the country.

4. The national environmental monitoring master plan is a technical, specialized plan that includes the following main contents:

a) Analysis and assessment of the current state of the national environmental monitoring network; the system of laboratories, environmental analysis, and data management system for environmental monitoring data;

b) Perspectives, objectives, selection of options for the national environmental monitoring master plan suitable for environmental zoning, monitoring, and environmental warning orientation in the environmental protection plan;

c) Arrange the national environmental monitoring network, including orientation of points, parameters and frequency of monitoring of environmental components nationwide and automatic monitoring stations; orientations for development of the system of laboratories and environmental analysis and the system of management of environmental monitoring data and data;

d) List of national environmental monitoring projects;

dd) Orientations for linking the national environmental monitoring network, database and data with the provincial-level environmental monitoring network and database and data and connecting the environmental monitoring network;

e) Roadmap and resources for implementation of the planning.

Article 108. Subjects of environmental monitoring

1. Environmental components to be monitored include:

a) Water environment, including surface water, groundwater and seawater;

b) Ambient air environment;

c) Soil and sediment environment;

d) Biodiversity;

dd) Noise, vibration, radiation, light.

2. Emissions, waste, and pollutants that must be monitored include:

a) Wastewater, exhaust gases;

b) Industrial waste that must be controlled to identify hazardous waste in accordance with legal regulations;

c) Radioactivity;

d) Persistent pollutants that are emitted and accumulate in the environment;

d) Other pollutants.

Article 109. Responsibility for environmental monitoring

1. The Ministry of Natural Resources and Environment has the following responsibilities:

a) Directing, guiding, and inspecting environmental monitoring activities nationwide; organizing the implementation of the national environmental monitoring program, including the monitoring program for residential environments, interprovincial lakes, seas, key economic regions, areas of interregional or interprovincial nature, cross-border environments, and environments in regions with specific characteristics; conducting biodiversity monitoring in nature reserves;

b) Develop, appraise, and submit to the Prime Minister for approval the national environmental monitoring master plan in accordance with the law on planning;

c) Provide technical guidance for constructing the national and provincial environmental monitoring systems; monitor biodiversity.

2. The Ministry of Science and Technology organizes the implementation of the radiation monitoring program, including programs monitoring radiation components in the environment.

3. The Ministry of Agriculture and Rural Development organizes the implementation of the environmental monitoring program serving agricultural management, including programs monitoring water, soil, and sediment for irrigation, fisheries exploitation and farming, agriculture, forestry, and salt production purposes.

4. The Ministry of Health organizes the implementation of the occupational environment monitoring program in work areas.

5. The Ministry of National Defense participates in offshore seawater monitoring and transboundary environmental monitoring activities.

6. The provincial-level People's Committee shall organize the implementation of environmental monitoring programs in its area, and report to the People's Council at the same level and the Ministry of Natural Resources and Environment on the results of annual environmental monitoring.

Article 110. Conditions for environmental monitoring activities

1. National environmental monitoring programs, local environmental monitoring programs, environmental monitoring programs of business organizations, and services as required by environmental protection law, as well as other monitoring activities serving state management of environmental protection in accordance with regulations on environmental monitoring, must be carried out by organizations certified to be qualified to operate environmental monitoring services.

2. Organizations must meet the requirements regarding environmental monitoring personnel, environmental monitoring equipment, technical conditions of the laboratory, and have a procedural method for environmental monitoring to be granted a certificate of eligibility to operate environmental monitoring services. Organizations that are granted the certificate must ensure their activities comply with the capacity and scope that have been certified.

3. Agencies, organizations, and individuals conducting regular, frequent, or continuous environmental monitoring in order to provide and publish information on environmental quality to the community must meet the technical requirements for environmental monitoring as stipulated by law.

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

Article 111. Wastewater Monitoring

1. Subjects required to conduct automatic, continuous wastewater monitoring include:

a) Concentrated production, business, service areas, and industrial clusters that discharge wastewater into the environment;

b) Investment projects or facilities of types that have a risk of environmental pollution with an average or higher wastewater discharge flow into the environment;

c) Investment projects or facilities not of types that have a risk of environmental pollution with a large wastewater discharge flow into the environment.

2. Subjects required to monitor wastewater periodically include:

a) Concentrated production, business, service areas, and industrial clusters that discharge wastewater into the environment;

b) Investment projects or facilities with a large wastewater discharge flow into the environment.

3. Continuous automatic wastewater monitoring must comply with technical regulations on environmental monitoring. Data from the monitoring system is transmitted directly to the provincial-level specialized environmental protection agency.

4. Periodic wastewater monitoring must ensure time, frequency, and parameters according to legal regulations. For parameters already monitored automatically and continuously, periodic monitoring is not required.

5. The provincial-level specialized environmental protection agency has the following responsibilities:

a) Supervising automatic and continuous wastewater monitoring data; evaluating automatic and continuous wastewater monitoring results and comparing them with the maximum allowable values of pollutant parameters according to the environmental technical regulation on wastewater; monitoring and checking the corrective actions in case the monitoring data is interrupted; detecting monitoring parameters that exceed environmental technical standards and proposing treatment measures in accordance with regulations;

b) Compiling and transmitting automatic and continuous wastewater monitoring data in the locality to the Ministry of Natural Resources and Environment as prescribed.

6. Encouraging subjects not specified in Clauses 1 and 2 of this Article to conduct wastewater monitoring to independently track and supervise their own wastewater treatment systems and equipment.

7. The Government shall specify the subjects subject to wastewater monitoring; parameters and roadmaps for automatic and continuous wastewater monitoring; time and frequency of periodic wastewater monitoring.

8. The Minister of Natural Resources and Environment shall promulgate technical regulations on wastewater monitoring.

Article 112. Monitoring of industrial dust and exhaust gases

1. Subjects subject to automatic and continuous monitoring of industrial dust and exhaust gases include investment projects and establishments at risk of causing air pollution with large volumes of dust and exhaust gas discharged into the environment.

2. Subjects subject to periodic monitoring of industrial dust and exhaust gases include investment projects and establishments with large discharge volumes into the environment.

3. The automatic and continuous monitoring of industrial dust and exhaust gases must meet technical regulations on environmental monitoring. The data of the monitoring system shall be transmitted directly to the provincial-level specialized environmental protection agency.

4. Periodic monitoring of industrial dust and emissions must ensure the time, frequency, and parameters in accordance with legal regulations. For parameters that are automatically and continuously monitored, periodic monitoring is not required.

5. The provincial-level specialized environmental protection agency has the following responsibilities:

a) Monitor data from automatic, continuous industrial emission monitoring; evaluate the results of automatic, continuous industrial emission monitoring and compare them with the maximum permissible values for pollution parameters according to the environmental technical standards on emissions; track and check corrective actions in case monitoring data is interrupted; detect parameters exceeding the allowable limits according to environmental technical standards and propose handling measures in accordance with regulations;

b) Aggregate and transmit automatic, continuous industrial emission monitoring data in the locality to the Ministry of Natural Resources and Environment according to regulations.

6. Encourage subjects not specified in Clauses 1 and 2 of this Article to carry out monitoring of industrial dust and emissions in order to self-monitor and supervise their dust and emission treatment systems and equipment.

7. The government shall provide detailed regulations on the subjects required to monitor industrial dust and emissions; the parameters, roadmap for implementing automatic and continuous industrial emission monitoring; and the timing and frequency of periodic monitoring of industrial dust and emissions.

8. The Minister of Natural Resources and Environment shall promulgate technical regulations on monitoring industrial dust and emissions.

Article 113. Management of environmental monitoring data

1. The Ministry of Natural Resources and Environment manages national environmental monitoring data; builds a database on environmental monitoring within the information system and the national environmental database; integrates environmental monitoring data from Ministries, ministerial-level agencies, and local authorities; publishes information on national environmental quality; provides professional and operational guidance and technical support for managing local environmental monitoring data.

2. Ministries and ministerial-level agencies build environmental monitoring databases within their authority and integrate them into the national environmental database.

3. The provincial-level People's Committee manages environmental monitoring data; establishes an environmental monitoring database in the local area ensuring uniformity, synchronization, and connectivity with the national environmental information and database system, and publicly discloses information about the local environmental quality based on the results of local environmental monitoring.

4. Investment projects, establishments, concentrated production, business, service areas, and industrial clusters manage waste monitoring data and publicly disclose waste monitoring results in accordance with legal regulations.

Section 2. ENVIRONMENTAL INFORMATION AND DATABASE SYSTEM

Article 114. Environmental information

1. Environmental information includes:

a) Information on pollutants, pollutant discharge flows into the environment, pollution sources; environmental protection work of investment projects, establishments, concentrated production, business, service areas, and industrial clusters;

b) Information on solid waste, hazardous waste, wastewater, air emissions, and other types of waste as prescribed by law;

c) Information on decisions approving the results of appraisal, environmental impact assessment reports, except for trade secrets, business secrets, and information classified as state secrets; content of permits, registration, certification, confirmation; results of inspections and supervision regarding environmental protection for investment projects, facilities, concentrated production, business, service areas, and industrial clusters as prescribed;

d) Information on environmental statistical indicators, environmental quality, environmental pollution;

đ) Information on natural heritage, natural ecosystems, species and genetic resources; nature reserves and biodiversity conservation facilities; important wetland areas.

2. The collection, storage, and management of environmental information are regulated as follows:

a) Environmental information is collected to ensure accuracy, completeness, and timeliness;

b) The project owner or facility is responsible for regularly collecting, storing, and managing environmental information as stipulated in points a, b, and c of Clause 1 of this Article;

c) Ministries and ministerial-level agencies collect, store, and manage environmental information within their management scope as stipulated in points d and đ of Clause 1 of this Article;

d) People's Committees at all levels collect, store, and manage environmental information in their localities and according to the delegated management;

đ) The Ministry of Natural Resources and Environment collects and synthesizes national environmental information.

3. The provision and disclosure of environmental information are regulated as follows:

a) The State encourages organizations and individuals to participate in providing environmental information;

b) Ministries, ministerial-level agencies, and provincial-level People's Committees are responsible for providing environmental information that falls under their responsibility for collection, storage, and management to the Ministry of Natural Resources and Environment through the information system, national environmental database, or reports as prescribed by law;

c) Investment project owners and establishments are responsible for providing environmental information specified in points a, b, and c of Clause 1 of this Article to the state management agency on environmental protection through the information system, national environmental database, or reports as prescribed by law;

d) Agencies, organizations, and individuals publicly disclose environmental information according to the provisions on the information portal of the agency or organization, or by other means, ensuring convenience for relevant subjects to access the information. The disclosure of environmental information must comply with the provisions of this Law and other relevant legal regulations.

4. The government shall stipulate in detail the content and management of environmental information; the sequence, procedures, timing, and forms of providing and making environmental information public.

Article 115. Environmental information system, environmental database

1. The environmental information system is regulated as follows:

a) The State has a policy of investing in the construction and operation of the environmental information system, aiming to develop digital platforms and a digital economy for the environment;

b) The Ministry of Natural Resources and Environment is responsible for building, managing, and exploiting the national environmental information system; guiding the implementation of environmental information systems by ministries, sectors, and provincial levels;

c) Ministries, ministerial-level agencies, and Provincial People's Committees are responsible for building, managing, and exploiting the environmental information systems of ministries, sectors, and provinces, ensuring consistency with the national environmental information system.

2. The environmental database is regulated as follows:

a) The environmental database is a collection of information about the environment that is constructed, updated, stored, and managed to meet the requirements of access, provision, and unified use from the central to local levels, serving state management of environmental protection and providing environmental public services;

b) The Ministry of Natural Resources and Environment shall develop and manage the national environmental database; guide Ministries, ministerial-level agencies, and provincial People's Committees in organizing the implementation of their environmental databases;

c) Ministries, ministerial-level agencies, and provincial People's Committees are responsible for organizing the implementation of their environmental databases; ensuring integration, connection, and interoperability with the national environmental database.

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

Article 116. Online public services on the environment

1. Online public services on the environment include public administrative services on the environment, services providing environmental information, and other public services on the environment as prescribed by law.

2. The provision of online public services on the environment is regulated as follows:

a) The competent state management agency provides online public services on the environment according to the regulations of the Government, ensuring connection, interconnection, convenience, simplicity, and safety for agencies, organizations, individuals, and serving state management of the environment;

b) The Ministry of Natural Resources and Environment and the provincial-level People's Committees are responsible for developing, organizing, and guiding the implementation of online public services on the environment, ensuring uniformity, connection, and interoperability in accordance with legal regulations.

Section 3. ENVIRONMENTAL REPORT

Article 117. Environmental statistical indicators

1. Environmental statistical indicators are a part of the Vietnamese statistical indicator system, aimed at measuring and evaluating environmental protection activities to move towards sustainable development, in line with the United Nations' sustainable development indicator system.

2. Environmental statistical indicators include national environmental statistical indicators and environmental statistical indicators of the natural resources and environment sector, implemented in accordance with the provisions of this Law and the laws on statistics.

3. Ministries, ministerial-level agencies, and provincial-level People's Committees shall organize the compilation of environmental statistics for the sectors, fields, and areas under their management; annually report to the Ministry of Natural Resources and Environment the statistics on environmental indicators.

4. The Minister of Natural Resources and Environment shall develop, guide, and organize the implementation of environmental statistics; issue the set of environmental statistical indicators for the natural resources and environment sector.

Article 118. Reporting on Environmental Protection

1. Annually, reporting on environmental protection activities of the previous year shall be conducted according to the following provisions:

a) District-level People's Committees shall report to the People's Council of the same level and the provincial-level People's Committee before January 31;

b) Management Boards of industrial parks, export processing zones, hi-tech parks, and economic zones shall report to the provincial-level People's Committee before January 31;

c) The provincial People's Committee shall report to the provincial People's Council and the Ministry of Natural Resources and Environment before February 15;

d) Ministries and ministerial-level agencies shall send reports on the implementation of environmental protection tasks of the Ministry or ministerial-level agency to the Ministry of Natural Resources and Environment before February 15;

đ) The Ministry of Natural Resources and Environment shall prepare a report on environmental protection nationwide to submit to the Government for reporting to the National Assembly at its first session of the year.

2. The main content of the environmental protection report includes:

a) The current status and trends of the quality of soil, water, and air; natural heritage and biodiversity;

b) The general socio-economic context and its impacts on the environment;

c) Results of environmental protection activities including pollution source control; management of solid waste and hazardous waste; management of soil, water, and air quality; pollution treatment, environmental quality improvement; prevention and response to environmental incidents; protection of natural heritage and biodiversity;

d) Environmental monitoring and warning system;

dd) Development of policies, laws, handling administrative procedures, supervision, inspection, law enforcement, resolution of complaints and denunciations related to the environment;

e) Conditions and resources for environmental protection;

g) Results of implementing environmental statistical indicators;

h) Overall assessment;

i) Directions, tasks, and solutions for environmental protection in the coming time.

3. The environmental protection work reporting period is from January 1 to December 31 of the reporting year.

4. The environmental protection work report is submitted in paper or electronic form in accordance with the provisions of the law.

5. The Minister of Natural Resources and Environment shall guide the formulation of environmental protection reports; guide and organize the assessment of environmental protection results of ministries, ministerial-level agencies and provincial-level People's Committees.

Article 119. Reports on environmental protection in production, business and service activities

1. Owners of investment projects and establishments shall make and send reports on environmental protection to competent state agencies in accordance with law.

2. A report on environmental protection comprises:

a) Annual reports on environmental protection. The reporting period is from January 01 to the end of December 31 of the reporting year;

b) Make irregular reports on environmental protection at the request of competent state agencies.

3. The main contents of the periodic environmental protection report include:

a) Results of operation of environmental protection works and measures for waste;

b) Results of remedy of environmental protection requirements of inspection and examination agencies and competent state agencies (if any);

c) Results of periodic, automatic and continuous environmental monitoring and monitoring;

d) Solid waste management and hazardous waste management;

dd) Management of imported scrap (if any);

e) Environmental monitoring services (if any);

g) Other environmental protection results, activities and measures.

4. The environmental protection work report is submitted in paper or electronic form in accordance with the provisions of the law.

5. The Minister of Natural Resources and Environment shall detail the contents, forms, forms and time for sending reports on environmental protection in production, business and service activities.

Article 120. Reports on the current state of the environment

1. A report on the current state of the environment includes an overview report on the current state of the environment and a thematic report on the current state of the environment.

2. The responsibility for preparing environmental status reports is defined as follows:

a) The Ministry of Natural Resources and Environment shall prepare a national environmental status overview report every 5 years to serve the evaluation of the implementation results of the socio-economic development plan; annually, it shall prepare a specialized report on the national environmental status;

b) The People's Committee at the provincial level shall prepare an overview report on the environmental status of the locality every 5 years; annually, it shall prepare a specialized report on the environmental status according to the guidance of the Ministry of Natural Resources and Environment; based on pressing environmental issues in the locality, the provincial People's Committee may decide to prepare additional specialized reports on the environmental status in the area.

3. The main content of the environmental status report includes:

a) Overview of nature, economy, and society;

b) Environmental impacts;

c) Status and trends of environmental quality;

d) Pressing environmental issues and their causes;

d) Impacts of the environment on the economy and society;

e) Results of implementing environmental policies, laws, and environmental protection activities; international cooperation on environmental protection;

g) Forecast of environmental challenges;

h) Directions and solutions for environmental protection.

4. The form of environmental status reporting is regulated as follows:

a) The overview report on the national environmental status is submitted to the National Assembly at the session prior to the year-end session of the last year of the term; the overview report on the provincial environmental status is submitted to the People's Council of the same level at the regular year-end session of the last year of the term;

b) Special reports on the national environmental status are published on the website of the Ministry of Natural Resources and Environment before the first session of the National Assembly of the following year; special reports on the local environmental status are published on the website of the Provincial People's Committee before the first regular session of the People's Council of the province in the following year.

5. The Minister of Natural Resources and Environment guides the preparation of environmental status reports; guides the implementation and preparation of environmental status reports by Ministries, ministerial-level agencies, and Provincial People's Committees.

Chapter X. PREVENTION AND RESPONSE TO ENVIRONMENTAL INCIDENTS AND COMPENSATION FOR ENVIRONMENTAL DAMAGE

Section 1. PREVENTION AND RESPONSE TO ENVIRONMENTAL INCIDENTS

Article 121. General provisions on prevention and response to environmental incidents

1. The prevention and response to environmental incidents must comply with the process and technical regulations on safety and environment.

2. Response to environmental emergencies shall comply with the motto of on-site command, on-site forces, on-site means and supplies, and on-site logistics.

3. Organizations and individuals that cause environmental emergencies shall be responsible for responding to environmental emergencies and paying expenses for responding to environmental emergencies.

4. Environmental incidents that occur at a facility or locality shall be under the responsibility of the head of that facility or locality to direct and organize the response to the environmental incident. Environmental incident response must follow assigned roles, hierarchical levels, unified command, and close coordination among the forces, means, and equipment participating in the environmental incident response activities.

5. The State encourages and facilitates organizations and individuals to invest in providing environmental incident response services.

6. The prevention of environmental incidents caused by leakage, spillage, or waste dispersion (hereinafter referred to as waste incidents) shall be carried out in accordance with the provisions of this Law. The prevention of environmental incidents caused by chemicals, radiation, oil spills, epidemics, and other causes shall be carried out in accordance with the provisions of relevant laws.

7. The Government shall provide detailed regulations on the prevention and response to environmental incidents.

Article 122. Responsibility for Preventing Environmental Incidents

1. The project investor or facility is responsible for implementing the following contents:

a) Comply with requirements regarding plans, measures, and equipment for preventing and responding to environmental incidents as stipulated by law;

b) Implement a regular inspection regime, apply management and technical measures to eliminate or minimize the risk of environmental incidents.

2. The provincial People's Committee has the following responsibilities:

a) Investigate, collect statistics, and assess the potential risk of environmental incidents occurring in the area;

b) Build a database and compile, publicly disclose information on sources that may pose a risk of causing environmental incidents in the area according to legal regulations;

c) Develop and direct district and commune-level People's Committees to build capacity for preventing and warning about environmental incident risks in the area.

3. Ministries and ministerial-level agencies shall have to prevent environmental incidents under the provisions of Point a, Clause 1, Article 127 of this Law.

Article 123. Classification of environmental incidents and stages of response to environmental emergencies

1. The classification of environmental incidents shall be based on the scope of environmental pollution and degradation at the time of detection of the incident to determine the agencies responsible for directing the response, including the following levels:

a) Grassroots-level environmental incident means an environmental incident with a scope of environmental pollution or degradation in a production, business or service establishment;

b) District-level environmental incident means an environmental incident that exceeds the scope of grassroots-level incidents and has a scope of environmental pollution or degradation in the area of a district-level administrative unit;

c) Provincial-level environmental incident means an environmental incident that exceeds the scope of district-level environmental incidents and has a scope of environmental pollution or degradation in the area of a provincial-level administrative unit;

d) A national-level environmental incident is an environmental incident that causes pollution or environmental degradation in an area covering two or more provincial-level administrative units or has pollution or environmental degradation across national borders.

2. Environmental incident response includes the following stages:

a) Preparation for environmental incident response;

b) Organization of environmental incident response;

c) Environmental restoration after an environmental incident.

Article 124. Preparation for environmental incident response

1. The person responsible for directing the environmental incident response as specified in Clause 4, Article 125 of this Law is responsible for directing the development and approval of the environmental incident response plan within their authority and responsibility; directing the organization of environmental incident response drills according to the environmental incident response plan they have approved.

2. The Ministry of National Defense shall take the lead and coordinate with other Ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees to guide, build forces, and allocate resources and equipment for environmental incident response for the National Committee for Incident, Disaster Response and Search and Rescue; and the provincial and district-level Committees for Disaster Prevention, Control, and Search and Rescue.

3. Project owners and facilities must have works, equipment, and means for environmental incident response as prescribed by law; develop and train on-site forces for environmental incident response.

4. The issuance and implementation of the environmental incident response plan are regulated as follows:

a) The National Committee for Incident, Disaster Response and Search and Rescue issues and implements the national-level environmental incident response plan; inspects the implementation of environmental incident response plans issued by the provincial Committees for Disaster Prevention, Control, and Search and Rescue;

b) The provincial steering committee for natural disaster prevention and search and rescue shall issue and implement the provincial environmental incident response plan; inspect the implementation of the environmental incident response plan issued by the district steering committee for natural disaster prevention and search and rescue;

c) The district steering committee for natural disaster prevention and search and rescue shall issue and implement the district environmental incident response plan;

d) The investor, project owner, or facility shall issue and organize the implementation of their facility's environmental incident response plan.

5. The environmental incident response plan must include an incident scenario to provide a corresponding response option and must be made public in accordance with legal regulations.

6. The integration and incorporation of an environmental incident response plan are regulated as follows:

a) The environmental incident response plan specified in points a, b, and c of Clause 4 of this Article may be integrated and incorporated with civil defense plans or other incident response plans;

b) The environmental incident response plan specified in point d of Clause 4 of this Article shall be integrated, incorporated, and approved together with other incident response plans.

7. The organization of environmental incident response drills is regulated as follows:

a) Environmental incident response drills at the grassroots level shall be conducted at least once every 2 years, except as otherwise prescribed by law;

b) Environmental incident response drills at the district, provincial, and national levels shall be conducted according to the environmental incident response plan approved by the competent authority.

c) Environmental incident response drills must involve relevant agencies, organizations, and forces, representatives of community contact points, and nearby facilities that could be affected by the incident.

Article 125. Organization of Environmental Incident Response

1. Information about an environmental incident must be promptly reported to the District Command for Natural Disaster Prevention and Search and Rescue and to the People's Committee at the commune level where the incident occurs.

2. The District Command for Natural Disaster Prevention and Search and Rescue coordinates with the People's Committee at the commune level where the incident occurs to directly verify, organize timely incident response, and report to the District People's Committee to announce the environmental incident or notify the competent authority to organize response according to the decentralization regulations in Clause 1, Article 123 of this Law.

3. Environmental incident response includes the following main contents:

a) Identify the cause of the environmental incident; the type, quantity, and mass of pollutants released or discharged into the environment;

b) Conduct a preliminary assessment of the scope, subjects, and extent of impacts on soil, water, air, humans, and organisms;

c) Implement measures to isolate and limit the scope, subjects, and extent of impacts; urgently carry out measures to ensure the safety of humans, property, organisms, and the environment;

d) Recover, treat, and eliminate pollutants or the causes of pollution;

đ) Notify and provide information about the environmental incident to the community to prevent and avoid adverse effects from the environmental incident.

4. Responsibilities for responding to environmental incidents are regulated as follows:

a) The project owner or facility is responsible for organizing environmental incident response within the facility; in cases beyond their response capacity, they must promptly report to the commune-level People's Committee where the incident occurs and to the district-level Steering Committee for Disaster Prevention and Search and Rescue to coordinate the response;

b) The Chairman of the People's Committee and the Head of the district-level Steering Committee for Disaster Prevention and Search and Rescue shall direct incident response, mobilize forces, equipment, and means for incident response, and designate the commander and spokesperson for district-level environmental incidents occurring in the area;

c) The Chairman of the People's Committee and the Head of the provincial-level Steering Committee for Disaster Prevention and Search and Rescue shall direct incident response, mobilize forces, equipment, and means for incident response, and designate the commander and spokesperson for provincial-level environmental incidents occurring in the area;

d) The Chairman of the National Committee for Incident, Disaster Response, and Search and Rescue directs incident response, mobilizes forces, equipment, and means for incident response, and appoints the commander and spokesperson for national-level environmental incidents.

5. In cases exceeding response capacity, the authority in charge of environmental incident response must report to their direct superior. Agencies, organizations, and individuals are responsible for coordinating and supporting environmental incident response when requested.

6. If the pollution or environmental degradation from an environmental incident extends beyond the premises or administrative unit, the authority in charge of environmental incident response must report to their direct superior for guidance in handling the incident.

7. The person responsible for directing the response to environmental incidents as stipulated in Clause 4 of this Article decides to establish an environmental incident response command center and a task force to determine the cause of the environmental incident when necessary.

8. The Ministry of Health and People's Committees at all levels evaluate the scope, subjects, and level of impact of the environmental incident on human health and implement measures to prevent and limit the impact.

Article 126. Environmental restoration after environmental incidents

1. The investment project owner or facility causing the environmental incident must carry out environmental restoration after the environmental incident within the scope of the facility. The commune-level People's Committee where the environmental incident occurs is responsible for inspecting and supervising the environmental restoration activities.

2. Environmental restoration after environmental incidents at the district, provincial, and national levels is carried out as follows:

a) The district-level People's Committee shall organize surveys, assess the current environmental status, develop, approve, and direct the implementation of the environmental restoration plan for district-level environmental incidents; within 30 days from the date of announcement of the end of the environmental incident response phase, the district-level People's Committee must approve the environmental restoration plan;

b) The provincial-level People's Committee shall organize surveys, assess the current environmental status, develop, approve, and direct the implementation of the environmental restoration plan for provincial-level environmental incidents; within 60 days from the date of announcement of the end of the environmental incident response phase, the provincial-level People's Committee must approve the environmental restoration plan;

c) The Ministry of Natural Resources and Environment shall organize surveys, assess the current environmental status, develop, approve, and direct the implementation of environmental restoration plans for national-level environmental incidents; within 90 days from the date of announcement of the end of the environmental incident response phase, the Ministry of Natural Resources and Environment must approve the environmental restoration plan.

3. The content of the environmental restoration plan includes:

a) Description and assessment of the environmental status after the incident, including the level, scope, and nature of environmental pollution in each area; the status of the environment, land, and ecosystems before the environmental incident (if available); environmental treatment requirements according to environmental technical standards on ambient environmental quality, land rehabilitation, and restoration of some key characteristics of the ecosystem;

b) Solutions for environmental restoration; analysis, evaluation and selection of the best solutions for environmental renovation and restoration;

c) List and volume of environmental restoration items for the selected solution;

d) Implementation plan; division of the implementation plan according to each phase of environmental restoration; management, monitoring, and supervision programs during the environmental restoration period; plan for acceptance of environmental restoration results.

4. The inspection, supervision, and acceptance of the completion of the environmental restoration plan specified in Clause 2 of this Article are carried out as follows:

a) In the case where the organization or individual causing the environmental incident implements the approved plan by themselves; the agency approving the plan is responsible for inspecting and supervising the environmental restoration according to the approved plan;

b) In the case where the plan approval agency organizes the implementation of the plan, the organization or individual causing the environmental incident has the right to participate in supervision, appraisal, inspection, and acceptance of the completion of the environmental restoration.

5. The environmental restoration after the environmental incident must ensure the satisfaction of environmental technical regulations on the quality of the surrounding environment.

6. The agency approving the environmental restoration plan shall announce the end of the environmental restoration phase to the population community, the press and media agencies.

7. The Minister of Natural Resources and Environment shall detail this Article.

Article 127. Responsibilities for prevention and response to environmental incidents of ministries, ministerial-level agencies and specialized agencies at all levels

1. Ministries and ministerial-level agencies shall have the following responsibilities:

a) Guiding, inspecting and building the capacity for prevention and warning of environmental incident risks in the sectors and domains under their management; activities of preparing for response to environmental incidents and organizing response to environmental incidents under their management in accordance with law;

b) Guide the content of environmental incident response plans under the scope of state management; procedures, techniques for responding to environmental incidents, scenarios of environmental incidents under management according to legal regulations;

c) Develop and propose to the National Committee for Incident, Disaster Response, and Search and Rescue to issue a national-level environmental incident response plan under the scope of management;

d) Participate in responding to national-level environmental incidents under the scope of management as assigned by the National Committee for Incident, Disaster Response, and Search and Rescue.

2. Specialized agencies under the provincial and district-level People's Committees, according to assigned functions, tasks, and powers, are responsible for advising the People's Committees at the same level and the Command Boards for Disaster Prevention and Search and Rescue at the same level in developing and issuing environmental incident response plans; guiding the implementation of preparation activities and organizing responses to environmental incidents in the locality.

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

a) Develop and submit to the Prime Minister for issuance the Regulations on Waste Incident Response; technical guidelines on prevention and response to waste incidents;

b) Participate in organizing national-level environmental incident response according to the assignment of the National Committee for Incident, Disaster Response, and Search and Rescue;

c) Direct the organization to implement environmental recovery after national-level environmental incidents; provide technical guidance on environmental recovery after environmental incidents.

4. Specialized agencies on environmental protection at the provincial and district levels are responsible for advising the People's Committees at the same level on implementing environmental recovery after environmental incidents in their area.

Article 128. Finance for environmental incident response

1. Organizations and individuals that cause environmental incidents are responsible for timely paying all costs of organizing environmental incident response and environmental restoration; in cases where the State organizes the response to environmental incidents and environmental restoration, the organizations and individuals causing the environmental incident are responsible for reimbursing the costs of organizing environmental incident response and environmental restoration to the State in accordance with the provisions of law.

2. If the cause of the environmental incident cannot be determined or if the organization or individual causing the environmental incident cannot be identified, the costs of organizing environmental incident response and environmental restoration shall be borne by the State.

3. The funding sources for organizing environmental incident response and environmental restoration specified in clause 2 of this Article are arranged from the State budget and other funding sources according to the provisions of law.

4. Labor, materials, and means used and mobilized to respond to environmental incidents shall be reimbursed and paid according to the provisions of the law.

Article 129. Disclosure of information and community participation in preventing and responding to environmental incidents

1. Organizations, individuals, and communities that may be affected by environmental incidents must be informed about the risk of incidents and the environmental incident response measures of the surrounding facilities; they must be informed, participate in, and supervise the activities of environmental incident response.

2. Investors and facility owners are responsible for notifying the commune-level People's Committee about the risk of environmental incidents and the environmental incident response measures so that they can inform the surrounding organizations, individuals, and communities.

3. The time to start and end the stage of environmental incident response and the stage of environmental recovery must be publicly announced by the competent agency or person through mass media so that organizations, individuals, and the community know, participate, and supervise.

4. The person responsible for directing environmental incident response and the spokesperson for the environmental incident are responsible for providing and updating timely information about the environmental incident to media agencies, the press, and the community. Information about the environmental incident provided and announced by the person responsible for directing the environmental incident response and the spokesperson for the environmental incident is official information.

5. Media agencies and the press are responsible for delivering accurate, honest, complete, and timely information about the environmental incident and the environmental incident response.

Section 2. COMPENSATION FOR ENVIRONMENTAL DAMAGE

Article 130. Damage caused by environmental pollution and degradation and principles for determination of liability for compensation for environmental damage

1. Damage caused by environmental pollution or degradation includes:

a) Deterioration of the function and usefulness of the environment;

b) Damage to human life, health, property and lawful interests of organizations and individuals caused as a result of the deterioration of the function and usefulness of the environment.

2. The identification of organizations and individuals causing environmental damage must ensure timeliness, objectivity and fairness. Organizations and individuals causing environmental damage must pay compensation for all damage caused by them, and at the same time pay all expenses for damage determination and carry out procedures for claiming compensation for damage as prescribed.

3. In cases where two or more organizations or individuals cause environmental damage, the compensation for damage is regulated as follows:

a) The responsibility for compensating environmental damage of each party is determined according to the type of pollutant, the amount of emissions, and other factors;

b) The responsibility for compensating environmental damage, paying the costs to determine the damage, and carrying out procedures to request compensation for each party is determined corresponding to the proportion of damage caused in the total environmental damage; in cases where the relevant parties or the state environmental management agency cannot determine the proportion of responsibility, the arbitration agency or the Court decides according to its jurisdiction.

4. Organizations and individuals that fully comply with the legal regulations on environmental protection, have a waste treatment system that meets the requirements, and can prove that they do not cause environmental damage are not required to compensate for environmental damage, nor bear costs related to determining damage and carrying out the procedure to request compensation for damage.

Article 131. Responsibility for requesting compensation for damage and determining environmental damage

1. People's Committees at all levels, organizations, and individuals who detect signs of environmental pollution or degradation must notify the competent authority to request compensation and organize the collection and verification of data and evidence to determine the damage to the environment due to pollution or degradation as specified in Clause 2 of this Article.

2. The responsibility for demanding compensation and organizing the collection and assessment of data and evidence to determine environmental damage due to pollution and degradation is stipulated as follows:

a) The commune-level People's Committee is responsible for demanding compensation for environmental damage caused within the area under its management. In this case, the commune-level People's Committee shall request the district-level People's Committee to organize the collection and assessment of data and evidence to determine environmental damage due to pollution and degradation;

b) The district-level People's Committee is responsible for demanding compensation for damages and organizing the collection and assessment of data and evidence to determine environmental damage due to pollution and degradation caused in areas comprising two or more commune-level administrative units; and organizing the collection and assessment of data and evidence to determine environmental damage due to pollution and degradation as requested by the commune-level People's Committee;

c) The provincial People's Committee is responsible for requesting compensation for damages and organizing the collection and verification of data and evidence to determine environmental damage caused by pollution and degradation in the area of two or more district-level administrative units;

d) The Ministry of Natural Resources and Environment is responsible for requesting compensation for damages and taking the lead, in coordination with the provincial People's Committee, in organizing the collection and verification of data and evidence to determine environmental damage caused by pollution and degradation in the area of two or more provincial-level administrative units.

3. Organizations and individuals suffering damages to human life, health, property, and lawful interests due to the degradation of environmental functions or usefulness, either directly or by authorizing state agencies, organizations, or other individuals, may determine the damage and request compensation for environmental damage in accordance with the provisions of this Law and other relevant legal regulations.

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

Article 132. Determination of damage due to environmental pollution and degradation

1. The determination of damage due to the degradation of environmental functions and usefulness includes the following contents:

a) Determining the scope, area, and environmental zones that are polluted or degraded;

b) Determining the number of environmental components that are degraded, the types of ecosystems, and the species that are damaged;

c) Determining the extent of damage to each environmental component, ecosystem, and species.

2. The determination of damage caused by the deterioration of the function and usefulness of the environment shall be carried out independently or in coordination between the party causing the damage and the party suffering from the damage. In case each party or parties so requests, the specialized agency in charge of environmental protection shall participate in guiding the method of calculation and determination of damage or witness the determination of damage.

3. The determination of damage to human health and life, property and lawful interests of organizations and individuals caused by the deterioration of the function and usefulness of the environment shall comply with the provisions of law.

4. The Government shall detail the determination of damage caused by environmental pollution and degradation.

Article 133. Settlement of compensation for environmental damage

1. Compensation for environmental damage is resolved through negotiation between the parties. In case the negotiation fails, the parties may choose to resolve it through the following methods:

a) Mediation;

b) Arbitration;

c) Litigation in Court.

2. Resolution in Court shall be carried out in accordance with the provisions on compensation for non-contractual civil damages and civil procedure law, except for the provisions on proving the causal relationship between the unlawful act and the damage incurred. The responsibility to prove the causal relationship between the unlawful environmental act and the damage incurred belongs to the organization or individual violating the law and causing environmental pollution.

Article 134. Costs of compensation for environmental damage

1. The cost of compensation for environmental damage stipulated in point a, clause 1, Article 130 of this Law is calculated based on the following contents:

a) Immediate and long-term damage costs due to the degradation of the function and usefulness of the environment;

b) Costs for environmental treatment and remediation;

c) Costs for minimizing or eliminating the sources causing damage or organizing responses to environmental incidents;

d) Costs for determining damage and carrying out the procedures for environmental damage compensation;

e) Depending on specific conditions, the provisions in points a, b, c, and d of this clause may be applied to calculate environmental damage costs, serving as a basis for compensation and resolving environmental damage claims.

2. The costs of compensation for damage are directly paid by organizations or individuals or submitted to the Vietnam Environmental Protection Fund or the provincial environmental protection fund for organizations to disburse.

Article 135. Assessment of damage due to the degradation of the function and usefulness of the environment

1. Assessment of damages due to the degradation of environmental functions and usefulness is carried out at the request of the organization or individual suffering damages, or by the authority handling environmental damage compensation.

2. Bases for damage assessment include the claim file for compensation, information, data, evidence, and other relevant bases related to compensation and the damaging entity.

3. The organization for damage assessment is selected by the party requesting the damage assessment; in case there is no agreement between the parties, the organization for damage assessment is chosen by the authority handling damage compensation.

4. The Government shall specify in detail the assessment of damages due to the degradation of environmental functions and usefulness.

Chapter XI. ECONOMIC TOOLS, POLICIES, AND RESOURCES FOR ENVIRONMENTAL PROTECTION

Section 1. ECONOMIC TOOLS FOR ENVIRONMENTAL PROTECTION

Article 136. Tax and fee policies on environmental protection

1. Environmental protection tax is regulated as follows:

a) Environmental protection tax applies to products and goods whose use causes adverse impacts on the environment or environmental pollutants;

b) The environmental protection tax rate is determined based on the level of adverse impact on the environment;

c) The promulgation and organization of the implementation of regulations on environmental protection tax are carried out in accordance with tax law provisions.

2. Environmental protection fees are regulated as follows:

a) Environmental protection fees apply to activities of discharging waste into the environment; mining minerals or causing adverse impacts on the environment; public services in the field of environmental protection as prescribed by the law on fees and charges;

b) The environmental protection fee is determined based on the volume and toxicity level of pollutants discharged into the environment, the characteristics of the environment receiving the waste; the level of negative impact on the environment of mineral exploitation activities; the nature of public services in the field of environmental protection;

c) The issuance and implementation of regulations on environmental protection fees are carried out in accordance with the law on fees and charges.

3. The Ministry of Natural Resources and Environment shall take the lead in assessing the level of environmental pollution and greenhouse gas effects of waste or products, goods when used that cause negative impacts on the environment in order to propose a specific list of subjects liable for environmental protection tax and fees, the framework schedule, the rate of environmental protection tax and fees for each liable subject, and the method of calculating the environmental protection fee, and submit it to the Ministry of Finance for consolidation and report to the competent authority for consideration and decision.

Article 137. Environmental Protection Deposit

1. The environmental protection deposit aims to ensure that organizations and individuals are responsible for environmental restoration, handling risks, and potential environmental pollution arising from activities specified in Clause 2 of this Article.

2. Organizations and individuals engaging in the following activities must make an environmental protection deposit:

a) Mineral exploitation;

b) Waste disposal by landfilling;

c) Importing scrap from abroad as production materials.

3. The environmental protection deposit shall be made in the form of cash, precious metals, gemstones, or valuable papers as prescribed by law.

4. Organizations and individuals shall make the deposit as follows:

a) Organizations and individuals engaged in activities specified at Points a and b, Clause 2 of this Article shall make deposits at the Vietnam Environmental Protection Fund or provincial-level environmental protection funds;

b) Organizations and individuals engaged in activities specified at Point c, Clause 2 of this Article shall make deposits at the Vietnam Environmental Protection Fund or provincial-level environmental protection funds or financial or credit institutions in accordance with law.

5. The Government shall detail this Article and the deposit level, deposit form, principles for application of deposit interest rate and return of environmental protection deposit.

Article 138. Payment for natural ecosystem services

1. Payment for natural ecosystem services means payment by organizations and individuals using natural ecosystem services to organizations and individuals that provide environmental and landscape values created by natural ecosystems for the protection, maintenance and development of natural ecosystems.

2. Paid natural ecosystem services include:

a) Forest environmental services of forest ecosystems as prescribed by forestry law;

b) Wetland ecosystem services for business purposes such as tourism, recreation, and aquaculture;

c) Marine ecosystem services for business purposes such as tourism, recreation, and aquaculture;

d) Rocky mountain, cave, and geopark ecosystem services for business purposes such as tourism and recreation;

e) Natural ecosystem services for the purpose of carbon absorption and storage, except as prescribed in point a of this clause.

3. The principles of payment for natural ecosystem services are prescribed as follows:

a) Organizations and individuals using one or more natural ecosystem services must pay for the natural ecosystem services.

b) Payment for natural ecosystem services is carried out in the form of direct payment or indirect payment through entrustment;

c) Payment for natural ecosystem services is accounted for in the cost of products or services of the party using the natural ecosystem services and must ensure the reimbursement of costs for the protection, maintenance, and development of the natural ecosystem;

d) Organizations and individuals providing natural ecosystem services must use the money received from payment for ecosystem services to protect, maintain, and develop the natural ecosystem.

4. Organizations and individuals must pay for natural ecosystem services in the following activities:

a) Exploiting and using water surfaces and sea surfaces of ecosystems for aquaculture and underwater recreational services;

b) Exploiting and using the ecosystem landscape for tourism and recreational services;

c) Production and business activities that emit greenhouse gases must use ecosystem carbon absorption and storage services to implement greenhouse gas emission reduction.

5. The government shall provide detailed regulations on this Article.

Article 139. Organization and development of the carbon market

1. The domestic carbon market includes activities of trading greenhouse gas emission quotas and carbon credits obtained from the mechanism of exchange, offsetting domestic and international carbon credits in accordance with the provisions of the law and international treaties to which the Socialist Republic of Vietnam is a member.

2. Greenhouse gas emitting facilities must conduct greenhouse gas inventories as listed in Clause 3, Article 91 of this Law, be allocated greenhouse gas emission quotas, and have the right to exchange, buy, and sell on the domestic carbon market.

3. The bases for determining greenhouse gas emission quotas include:

a) The national strategy on climate change and other relevant development strategies and plans;

b) The results of national, sectoral, and facility-level greenhouse gas inventories listed in the catalogue specified in Clause 3, Article 91 of this Law;

c) Roadmaps and methods for mitigating greenhouse gas emissions suitable to the country's conditions and international commitments.

4. Greenhouse gas emission facilities are only allowed to emit greenhouse gases within the allocated quota; in case of a need to emit beyond the allocated quota, they must purchase quotas from other entities through the domestic carbon market.

5. Greenhouse gas emission facilities that reduce emissions or do not fully use their allocated emission quotas may sell the remaining quotas to other entities in need through the domestic carbon market.

6. Greenhouse gas emission facilities participating in mechanisms for trading and offsetting carbon credits domestically and internationally, in accordance with the laws and international treaties to which the Socialist Republic of Vietnam is a member, are allowed to exchange carbon credits in the domestic carbon market.

7. Greenhouse gas emission facilities participating in the domestic carbon market carry out trading, auctioning, borrowing, repayment, allocation transfer, and carbon credits; implement mechanisms for trading and offsetting carbon credits domestically and internationally in accordance with the laws and international treaties to which the Socialist Republic of Vietnam is a member.

8. The Ministry of Natural Resources and Environment submits to the Prime Minister for approval the total greenhouse gas emission quota by phase and annually.

9. The Ministry of Finance shall take the lead, in coordination with the Ministry of Natural Resources and Environment and relevant ministries and ministerial-level agencies, in establishing an domestic carbon market.

10. The Ministry of Natural Resources and Environment shall organize the allocation of greenhouse gas emission quotas to subjects as prescribed in Clause 2 of this Article; organize the operation of the domestic carbon market and participate in the international carbon market.

11. The Government shall provide detailed regulations on this Article, the cost of allocating greenhouse gas emission quotas, the roadmap, and the timing for implementing the domestic carbon market suitable to the socio-economic conditions of the country and international treaties to which the Socialist Republic of Vietnam is a member.

Article 140. Liability insurance for compensation for damages due to environmental incidents

1. Enterprises engaged in insurance business are encouraged to implement liability insurance for compensation for damages due to environmental incidents.

2. Based on the group of investment projects classified under the provisions of Article 28 of this Law, the Government shall detail the subjects required to purchase liability insurance for compensation for damage caused by environmental incidents.

3. Entities other than those specified in Clause 2 of this Article are encouraged to purchase liability insurance for compensation for damage caused by environmental incidents.

Section 2. POLICIES ON INCENTIVES, SUPPORT AND DEVELOPMENT OF THE ENVIRONMENT ECONOMY

Article 141. Incentives and supports for environmental protection

1. Policies on incentives and supports for environmental protection are prescribed as follows:

a) The state provides incentives and support regarding land and capital; tax and fee exemptions or reductions for environmental protection activities; price support and transportation subsidies for environmentally friendly products, and other incentives and support for environmental protection activities as prescribed by law;

b) Organizations and individuals carrying out multiple environmental protection activities that are eligible for incentives and support shall receive corresponding incentives and support for those activities;

c) In cases where an environmental protection activity is eligible for incentives and support under both this Law and other relevant legal provisions, it shall receive incentives and support according to the document that stipulates the higher level of incentives and support;

d) The level and scope of incentives and support for environmental protection activities shall be adjusted to ensure consistency with environmental protection policies in each period.

2. Investment and business activities in environmental protection that are eligible for incentives and support include:

a) Investment projects belonging to industries or sectors of waste collection, treatment, recycling, or reuse;

b) Enterprises that produce or provide technology, equipment, products, and services serving environmental protection requirements, including waste treatment technology combined with energy recovery; energy-saving technology; centralized domestic wastewater treatment services; surrounding environmental monitoring services; public transportation services using electric power or renewable fuel; production of clean energy, renewable energy; production and supply of environmental monitoring equipment, on-site domestic wastewater treatment equipment, environmentally friendly products and services certified with the Vietnam Eco-label.

3. Environmental protection activities that are not investment and business activities eligible for incentives and support include:

a) Activities of technological innovation, renovation, and upgrading of waste treatment facilities according to the roadmap prescribed by environmental protection law;

b) Activities of relocating households out of concentrated production, business, service areas, industrial clusters, or relocating operational facilities to meet environmental safety distances;

c) Activities of investing in natural capital development, and protecting natural heritage.

4. Scientific research and technology development activities, as well as technology transfer related to environmental protection, are encouraged and supported according to the provisions of the law on science, technology, and technology transfer.

5. The government shall provide detailed regulations on this Article.

Article 142. Circular Economy

1. Circular economy is an economic model in which design, production, consumption, and service activities aim to reduce raw material and material extraction, extend product lifespans, limit waste generation, and minimize negative environmental impacts.

2. Ministries, ministerial-level agencies, and provincial-level People's Committees shall integrate the circular economy from the stage of developing strategies, planning, programs, and development projects; manage, reuse, and recycle waste.

3. Production, business, and service establishments are responsible for establishing management systems and implementing measures to reduce resource exploitation, reduce waste, and increase the level of reuse and recycling of waste from the stage of project construction and product design to the stage of production and distribution.

4. The government shall stipulate criteria, roadmaps, and incentive mechanisms for implementing the circular economy in accordance with the country's socio-economic conditions.

Article 143. Development of the Environmental Industry

1. The environmental industry is an economic sector within the economic system of Vietnam that provides technology, equipment, and products serving the requirements of environmental protection.

2. The State invests in and has policies to support organizations and individuals to develop the environmental industry, implementing a roadmap for opening the market for environmental goods in accordance with international commitments.

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

Article 144. Development of Environmental Services

1. Environmental services are an economic sector that provides services for measuring, controlling, limiting, preventing, and minimizing pollution of water, air, and soil, as well as the efficient use of natural resources; handling waste and other pollutants; conserving biodiversity and other related services.

2. The State has a policy to develop the environmental services market; promote the liberalization of trade in environmental services according to a roadmap in line with international commitments; encourage organizations and individuals to invest in research and provide environmental services.

3. Encourage organizations and individuals to participate in providing environmental services in the following areas:

a) Collection, transportation, recycling, and treatment of waste;

b) Environmental monitoring, analysis, and impact assessment;

c) Environmental and ecosystem rehabilitation and restoration in polluted and degraded areas;

d) Consulting, technology transfer for environmentally friendly production technologies, environmental technologies; energy-saving technologies, clean energy production, renewable energy;

e) Consulting, training, and providing information on the environment; clean energy, renewable energy, energy saving;

f) Environmental appraisal for goods, machinery, equipment, and technology;

g) Assessment of environmental and biodiversity damage; assessment of pollutants that have direct impacts on human health;

h) Other environmental protection services.

4. The price for providing environmental services is implemented in accordance with the provisions of the law on pricing.

5. The government shall provide detailed regulations on this Article.

Article 145. Environmentally friendly products and services

1. Environmentally friendly products and services are products and services created from raw materials, materials, production and management technologies that are environmentally friendly, reduce negative impacts on the environment during use and disposal, ensure safety for the environment and human health, and are certified or recognized by competent authorities.

2. The Vietnam eco-label is a label certified by a competent authority of Vietnam for environmentally friendly products and services. Monitoring, analysis, and conformity assessment against the criteria of the Vietnam eco-label for products and services must be carried out by environmental monitoring organizations in accordance with the provisions of this Law and conformity assessment organizations in accordance with the provisions of the law on product and goods quality, metrology law, and other relevant laws.

3. Vietnam recognizes environmentally friendly products and services that have been certified by international or national organizations having a mutual recognition agreement with Vietnam.

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

Article 146. Green procurement

1. Green procurement is the purchase of environmentally friendly products and services certified with the Vietnam eco-label or recognized under the provisions of law.

2. Prioritize the implementation of green procurement for investment projects and tasks using state budget according to Government regulations.

Article 147. Exploitation, Use, and Development of Natural Capital

1. Natural capital consists of natural resources, including land, water, forests, aquatic resources, minerals, fossil fuels, natural energy sources, and natural ecosystem services.

2. The exploitation, use, and development of natural capital shall be carried out according to the following principles:

a) Natural capital shall be inventoried and assessed to serve socio-economic development in accordance with the law;

b) The State prioritizes investment in maintaining and developing renewable natural capital that provides natural ecosystem services;

c) Revenue from natural capital shall be prioritized for reinvestment to maintain and develop natural capital.

3. The State encourages organizations and individuals to exploit, use, take advantage of, invest in, maintain, and develop natural capital.

4. Ministries, ministerial-level agencies, and provincial-level People's Committees shall integrate the development investment in natural capital into strategies, plans, programs, projects, and economic - social development projects.

Section 3. RESOURCES FOR ENVIRONMENTAL PROTECTION

Article 148. Resources for environmental protection

1. The State shall allocate resources to carry out the following environmental protection activities:

a) Waste management, support for waste treatment;

b) Treatment, rehabilitation, and restoration of environmental quality;

c) Construction of environmental protection technical infrastructure; equipment for environmental protection; environmental monitoring;

d) Inspection, examination, and supervision of environmental protection;

e) Nature and biodiversity conservation; protection of natural heritage environment; responding to climate change;

f) Scientific research, development, and transfer of environmental technology;

g) Communication, raising awareness about environmental protection; environmental education; dissemination of knowledge, propaganda of laws on environmental protection;

h) International integration activities and international cooperation on environmental protection;

i) Other state management activities on environmental protection as prescribed by law.

2. Resources for implementing environmental protection activities specified in Clause 1 of this Article include:

a) The state budget for regular expenditure and development investment expenditure for environmental protection;

b) Socialized capital for environmental protection.

3. The state budget has separate expenditure items for environmental protection activities and arranges for a gradual increase in each period, in accordance with budget capacity and requirements, tasks on environmental protection.

4. The investment project owner, facility has the responsibility to ensure funding for the following environmental protection activities:

a) Investment in the renewal of waste treatment technology as prescribed by law;

b) Investing in the construction and operation of environmental protection works in accordance with the law;

c) Implementing environmental monitoring and surveillance programs (if any);

d) Implementing plans for environmental incident prevention and response (if any);

đ) Other environmental protection activities as prescribed by law.

5. Funding for environmental protection activities specified in Clause 4 of this Article must be accounted for, recorded, and disclosed in the accounting system of the facility and reported in accordance with the law.

6. The Ministry of Natural Resources and Environment shall guide the statistics, monitoring, and disclosure of resources for environmental protection activities.

7. The Government shall detail Clause 1 and Clause 2 of this Article.

Article 149. Green Credit

1. Green credit is credit granted for the following investment projects:

a) Efficient use of natural resources;

b) Responding to climate change;

c) Waste management;

d) Pollution treatment, improving environmental quality;

e) Restoring natural ecosystems;

f) Nature and biodiversity conservation;

g) Creating other environmental benefits.

2. Lending activities of credit institutions and foreign bank branches in Vietnam for investment projects must comply with regulations on environmental risk management in lending activities.

3. Credit institutions and foreign bank branches in Vietnam are encouraged to sponsor and provide preferential loans for projects stipulated in Clause 1 of this Article.

4. The Governor of the State Bank shall guide the management of environmental risks in the credit granting activities of credit institutions and foreign bank branches in Vietnam.

5. The Government shall issue the roadmap for implementation and mechanisms to encourage the provision of green credit.

Article 150. Green Bonds

1. Green bonds are bonds issued by the Government, local authorities, or enterprises in accordance with the bond laws to raise capital for environmental protection activities or investment projects that bring environmental benefits.

2. The funds obtained from issuing green bonds must be accounted for and monitored according to the bond laws and used for investment projects in the field of environmental protection or investment projects that bring environmental benefits, including:

a) Renovation and upgrading of environmental protection works;

b) Technology changes in the direction of applying the best available techniques;

c) Implementation of circular economy, green economy, low-carbon emissions;

d) Prevention and minimization of environmental pollution;

e) Restoration and rehabilitation of the environment after environmental incidents;

f) Efficient use of natural resources, land resources, energy saving, and development of renewable energy sources;

g) Develop multi-purpose infrastructure that is environmentally friendly;

h) Efficiently manage water resources and treat wastewater;

i) Adapt to climate change, invest in the development of natural capital;

k) Other investment projects as prescribed.

3. The issuer of green bonds must provide information on environmental impact assessments, environmental permits of the investment project, and the use of capital raised from issuing green bonds to investors.

4. The issuer and investors purchasing green bonds shall enjoy incentives according to the provisions of this Law and other relevant legal regulations.

5. The government shall provide detailed regulations on this Article.

Article 151. Environmental Protection Fund

1. The Vietnam Environment Protection Fund and provincial environmental protection funds are state financial organizations, established at the central and provincial levels, as well as in centrally-run cities, to provide preferential loans, accept deposits, provide sponsorships, support, and financial contributions for environmental protection activities. The State encourages enterprises, organizations, and individuals to establish environmental protection funds.

2. The authority to establish environmental protection funds is regulated as follows:

a) The Prime Minister decides on the establishment, organization, and operation of the Vietnam Environment Protection Fund;

b) The provincial People's Committee decides on the establishment, organization, and operation of provincial environmental protection funds;

c) Organizations, enterprises, and individuals establish environmental protection funds and operate according to legal regulations.

3. The Government regulates the operating capital of the Vietnam Environment Protection Fund and provincial environmental protection funds.

Article 152. Scientific research, technology development, application, and technology transfer in environmental protection

1. Organizations and individuals investing in scientific research, technology development, application, and technology transfer in environmental protection shall be entitled to state incentives and support.

2. Scientific research, technology development, application, and technology transfer activities in environmental protection that are entitled to state incentives and support include:

a) Efficient use of natural resources, energy saving, nature conservation, biodiversity, and environmental friendliness;

b) Reuse, recycling of waste, waste treatment, environmental remediation, and restoration;

c) Control and reduction of environmental pollution; monitoring and forecasting environmental changes;

d) Research on developing solutions to respond to climate change.

Section 4. EDUCATION AND COMMUNICATION ON ENVIRONMENTAL PROTECTION

Article 153. Education, training, and fostering in environmental protection

1. The content and programs of education in the national education system are integrated with and embed knowledge and laws on environmental protection.

2. The State prioritizes training and fostering human resources for environmental protection; invests in training and fostering officials, civil servants in leadership and management, and technical staff in environmental protection; and encourages organizations and individuals to participate in environmental education and training and fostering human resources for environmental protection.

3. The Minister of Education and Training shall preside and coordinate with the Minister of Natural Resources and Environment to regulate the content and programs of education and training on environmental protection and the development of human resources for environmental protection.

Article 154. Communication, dissemination of knowledge, and propaganda of laws on environmental protection

1. Communication, knowledge dissemination, and legal propaganda on environmental protection are carried out regularly and widely.

2. The Ministry of Natural Resources and Environment shall take the lead, coordinating with other ministries, ministerial-level agencies, socio-political organizations, media agencies, and press organizations responsible for communication, knowledge dissemination, and legal propaganda on environmental protection.

3. Ministries and ministerial-level agencies shall take the lead, coordinating with the Ministry of Natural Resources and Environment and media and press agencies responsible for communication, knowledge dissemination, and legal propaganda on environmental protection within their management fields.

4. Provincial People's Committees shall take the lead, coordinating with media and press agencies responsible for communication, knowledge dissemination, and legal propaganda on environmental protection in the locality.

Chapter XII. INTERNATIONAL INTEGRATION AND COOPERATION ON ENVIRONMENTAL PROTECTION

Article 155. Principles of international integration and cooperation on environmental protection

1. International integration and cooperation on environmental protection are carried out on the basis of equality, mutual benefit, enhancing synergies, and raising the position and prestige of the nation, respecting independence, sovereignty, and territorial integrity, complying with the laws of each party, international law, and commitments in international treaties and agreements related to the environment.

2. International treaties and agreements that are beneficial for environmental protection at the national, regional, and global levels, and in line with the interests and capacities of Vietnam, are prioritized for consideration and signing.

3. International environmental disputes are resolved through peaceful measures, in accordance with customary practices, international law, and the laws of the parties involved.

Article 156. Responsibilities in international integration and cooperation on environmental protection

1. The State encourages proactive international integration in environmental protection, focusing on areas of management and protection of environmental components, biodiversity conservation, green growth, sustainable development, and climate change response; ensuring resources and fully fulfilling obligations committed in international treaties, international agreements related to the environment, meeting the trend of international integration, and supporting international economic integration.

2. The State encourages investment, cooperation, and international support for state management, human resource training, sharing of environmental information and data, scientific research, transfer of advanced technology, nature conservation, biodiversity, and other activities related to environmental protection; responding to and addressing environmental incidents and issues related to the environment at national, regional, global, and transboundary levels.

3. Organizations and individuals proactively implement internationally recognized and widely applied international environmental requirements, conditions, and standards to enhance competitiveness in international trade; prevent and mitigate negative impacts on the environment.

4. The Ministry of Natural Resources and Environment is the focal agency that coordinates international integration and cooperation activities on environmental protection. Ministries, ministerial-level agencies, and provincial-level People's Committees organize the implementation of international integration and cooperation on environmental protection within their management scope.

Chapter XIII. RESPONSIBILITIES OF THE VIETNAM FATHERLAND FRONT, POLITICAL-SOCIAL ORGANIZATIONS, SOCIO-POLITICAL-PROFESSIONAL ORGANIZATIONS, SOCIAL-PROFESSIONAL ORGANIZATIONS, AND THE CITIZEN COMMUNITY IN ENVIRONMENTAL PROTECTION

Article 157. Responsibilities and powers of the Vietnam Fatherland Front

1. The Vietnam Fatherland Front, within the scope of its tasks and powers, is responsible for propagating and mobilizing member organizations and the people to participate in environmental protection activities.

2. The Vietnam Fatherland Front carries out consultation, opposition, and supervision of the implementation of policies and laws on environmental protection in accordance with legal regulations. State management agencies at all levels have the responsibility to create conditions for the Vietnam Fatherland Front to participate in environmental protection.

Article 158. Responsibilities and powers of political-social organizations, professional political-social organizations, professional social organizations

1. Political-social organizations, professional political-social organizations, and professional social organizations have the following responsibilities:

a) Comply with the laws on environmental protection;

b) Participate in environmental protection activities.

2. Political-social organizations, professional political-social organizations, and professional social organizations have the following rights:

a) To be provided with and to request information on environmental protection in accordance with legal regulations;

b) Consulting on investment projects related to one's functions, duties, and powers;

c) Provide consultation and criticism on environmental protection to state management agencies and investment project owners, and related establishments as prescribed by law;

d) Participate in inspection activities related to environmental protection at investment projects, facilities, production, business, and service areas, industrial clusters related to their functions, tasks, and powers;

d) Recommend to competent state agencies to handle acts of violating environmental protection laws.

3. State environmental management agencies at all levels are responsible for facilitating political-social organizations, professional political-social organizations, and professional social organizations to exercise the rights stipulated in Clause 2 of this Article.

4. The Government shall provide detailed regulations on Clause 3 of this Article.

Article 159. Rights and obligations of the community

1. Representatives of the residential community in the area affected by the environmental impact of the investment project, facility, concentrated production, business, and service area, or industrial cluster have the right to request the investor or facility to provide information on environmental protection through direct dialogue or in writing; organize fact-finding activities regarding the environmental protection work of the investment project, facility, concentrated production, business, and service area, or industrial cluster; collect and provide information to the competent authority and be responsible for the information provided.

2. Representatives of the local community affected by the environmental impact of an investment project, facility, concentrated production, business, service area, or industrial cluster have the right to request relevant state management agencies to provide the results of inspections, checks, and handling of that investment project or facility, except in cases where such information is classified as state secrets or business secrets under the law.

3. Community representatives have the right to participate in evaluating the environmental protection results of an investment project, facility, concentrated production, business, service area, or industrial cluster; and to take measures to protect the rights and interests of the local community in accordance with the law.

4. The investment project owner or facility must comply with the requests of the community representatives in accordance with the provisions of the law.

5. State management agencies on the environment at all levels are responsible for building an online system to receive, process, and respond to reflections and recommendations from organizations, individuals, and the community regarding environmental protection.

Chapter XIV. INSPECTION, SUPERVISION, AUDIT, HANDLING VIOLATIONS, DISPUTES, COMPLAINTS, AND ACCUSATIONS ABOUT THE ENVIRONMENT

Article 160. Inspection, supervision on environmental protection, auditing in the field of environment

1. The responsibilities for organizing and directing the implementation of inspection and supervision on environmental protection are regulated as follows:

a) The Minister of Natural Resources and Environment organizes inspection and supervision on environmental protection nationwide;

b) The Minister of National Defense organizes inspection and supervision on environmental protection for investment projects and facilities related to national defense state secrets;

c) The Minister of Public Security shall organize inspections and audits on environmental protection for investment projects and facilities related to state secrets of security; shall direct the Environmental Crime Prevention Police force to inspect the implementation of environmental protection laws;

d) The Chairman of the Provincial People's Committee shall organize inspections and audits on environmental protection in the locality; shall direct participation and coordination in inspections and audits on environmental protection for cases specified in point a of this clause or at the request of the competent authority;

d) The Chairman of the District People's Committee organizes inspections and environmental protection supervision in the area; directs participation in coordinated inspections and environmental protection supervision for cases specified in point d of this clause or at the request of the competent authority;

e) The Chairman of the Commune People's Committee organizes environmental protection inspections for households, individuals, and subjects under the authority to receive environmental registration in the area; directs participation in coordinated inspections and environmental protection supervision for cases specified in point d of this clause or at the request of the competent authority.

2. The authority, organization, and activities of specialized inspections on environmental protection are carried out in accordance with the provisions of the law on inspection and specific regulations in the field of environmental protection as follows:

a) Regular inspections are conducted based on the functions and duties of the agency assigned to perform specialized inspection functions;

b) Spot inspections are conducted in accordance with regulations when it is discovered that an agency, organization, or individual shows signs of violating environmental protection laws; upon the request of handling complaints, denunciations, anti-corruption, or by the assignment of the Minister of Natural Resources and Environment, or the Chairman of the Provincial People's Committee. Spot inspections must not be announced in advance when necessary;

c) Except for spot inspections as prescribed by this Law, the number of environmental protection inspections shall not exceed once a year for an organization or individual;

d) During the process of inspection and supervision, state management agencies on environmental protection at all levels are responsible for transferring the case files with signs of environmental crimes to the competent authorities for investigation and handling in accordance with the law; coordinating with the Environmental Crime Prevention and Control Police force to inspect compliance with environmental protection laws by organizations and individuals when requested.

3. Inspection of compliance with environmental protection laws is an activity conducted by competent state agencies towards organizations and individuals, except for inspections carried out to handle administrative procedures as stipulated in this Law, and is conducted as follows:

a) The unannounced, sudden inspection by the state management agency on environmental protection is carried out when there is a basis to believe that an organization or individual shows signs of violating the law on environmental protection or by decision of the Minister of Natural Resources and Environment or the Chairman of the provincial People's Committee;

b) The police force for the prevention and fight against environmental crimes shall conduct inspections of organizations and individuals when there are signs of criminal activity, violations of the law related to environmental crimes; when there are denunciations, reports of crimes, recommendations for prosecution, or reports, reflections on legal violations related to environmental crimes, and inform the state management agency on environmental protection at the same level for coordination; coordinate inspections on compliance with environmental protection regulations in other cases for organizations and individuals according to the plan approved by the Minister of Natural Resources and Environment or the Chairman of the Provincial People's Committee. Annually, send written notification of the inspection results and handling of legal violations regarding environmental protection to the state management agency on environmental protection at the same level for aggregation and monitoring.

4. Inspection and supervision activities regarding environmental protection must ensure no overlap and must not affect the normal production, business, or service activities of organizations and individuals; there must be coordination with state management agencies on environmental protection, the police forces for crime prevention and environmental protection, and other relevant agencies.

5. The State Audit carries out audits in the environmental field in accordance with the provisions of the Law on State Audit and other relevant legal regulations.

6. The Government shall provide detailed regulations for Clauses 2, 3, and 4 of this Article.

Article 161. Handling of violations

1. Organizations and individuals who violate environmental protection laws, cause pollution, degradation, environmental incidents, or cause damage to the State, organizations, and individuals, must be responsible for remedying pollution, restoring the environment, compensating for damages, and be handled in accordance with the provisions of this Law and other relevant legal regulations.

2. Heads of agencies or organizations, officers, public employees, and personnel in charge of environmental protection who abuse their positions or powers to cause trouble or harassment for organizations or individuals, cover up organizations or individuals violating environmental protection laws, or act negligently leading to pollution or environmental incidents, shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal liability; in cases causing damage, they must compensate according to the provisions of the law.

Article 162. Environmental disputes

1. The content of environmental disputes includes:

a) Disputes regarding rights and responsibilities for environmental protection in the exploitation and use of environmental components;

b) Disputes concerning the determination of causes of pollution, degradation, or environmental incidents;

c) Disputes regarding responsibility for handling, remedying consequences, and compensating environmental damage.

2. The resolution of environmental disputes is carried out in accordance with the provisions of civil law, the provisions of this Law, and other relevant provisions of the law. The resolution of disputes regarding compensation for environmental damage is carried out in accordance with Article 133 of this Law and other relevant provisions of the law.

3. The starting point for calculating the statute of limitations for filing an environmental lawsuit is the day when the organization or individual suffering damage has the right to know or must know the damage caused by the illegal acts of other organizations or individuals regarding environmental law.

4. Environmental disputes on the territory of the Socialist Republic of Vietnam, in which one or more parties are foreign organizations or individuals, are resolved according to the laws of the Socialist Republic of Vietnam, except in cases where an international treaty to which the Socialist Republic of Vietnam is a member provides otherwise.

Article 163. Complaints and denunciations regarding the environment

1. Organizations and individuals have the right to complain about violations of environmental protection laws by agencies, organizations, or individuals in accordance with the law.

2. Individuals have the right to denounce violations of environmental protection laws to competent agencies or persons in accordance with the law on denunciation.

Chapter XV. STATE MANAGEMENT RESPONSIBILITY FOR ENVIRONMENTAL PROTECTION

Article 164. Contents of state management on environmental protection

1. Develop and implement policies and laws; technical standards and regulations, technical guidelines; strategies, plans, and schemes; programs, projects on environmental protection.

2. Appraise and approve environmental impact assessment reports; issue, reissue, adjust, or revoke environmental licenses; register environmental information; issue, reissue, or revoke environmental certificates.

3. Control pollution sources; manage waste and environmental quality; rehabilitate and restore the environment; protect natural heritage and conserve nature and biodiversity; prevent and respond to environmental incidents.

4. Develop and manage the environmental monitoring system; organize environmental monitoring.

5. Develop and update environmental information systems, databases, and environmental reports.

6. Develop and implement a system for monitoring and evaluating climate change adaptation activities; a system for measuring, reporting, and verifying greenhouse gas emission mitigation.

7. Inventory greenhouse gases; develop and update scenarios and databases on climate change, sea level rise, and urban flooding; assess national climate; provide guidance on the use of information and data on climate change and integrating climate change response content into strategies and planning.

8. Organize the implementation of the domestic carbon market; carry out mechanisms for credit exchange, international commitments on greenhouse gas emission mitigation.

9. Conduct inspections and examinations; resolve complaints and denunciations; handle legal violations concerning environmental protection; determine damage and request compensation for environmental damage.

10. Communication, environmental education, raising awareness and responsibility for environmental protection; training and fostering professional and managerial expertise in environmental protection.

11. Organizing scientific research, technology development, technology transfer application, integration, and international cooperation in environmental protection.

12. Allocating state budget funding to carry out environmental protection tasks according to the current budget decentralization; compiling statistics, monitoring, and publishing sources of expenditure for environmental protection.

Article 165. State management responsibilities for environmental protection of the Government

1. Unified state management of environmental protection nationwide; promulgate or submit to the competent authority for promulgation of legal documents, mechanisms, and policies on environmental protection.

2. Decide on policies for protecting, improving, and preserving the environment; direct focused efforts to address and remediate environmental pollution, environmental degradation, and improve environmental quality in key areas; control pollution, respond to and remediate environmental incidents; develop clean energy, sustainable production and consumption; develop the environmental industry and environmental services.

3. Consolidate the system of state management agencies for environmental protection to meet management requirements; assign and decentralize the implementation of state management of environmental protection; allocate resources for environmental protection activities; direct research and application of science and technology; integrate and cooperate internationally on environmental protection.

4. Annually, report to the National Assembly on environmental protection work.

Article 166. State management responsibility for environmental protection of the Ministry of Natural Resources and Environment

The Ministry of Natural Resources and Environment is responsible to the Government for unifying state management of environmental protection and has the following responsibilities:

1. Preside over the development, promulgation, or submission to the competent authority for promulgation and organize the implementation of legal normative documents on environmental protection; national environmental technical standards and regulations; strategies, planning, plans, programs, schemes, and projects on environmental protection;

2. Provide opinions on the content of strategic environmental assessments; organize the appraisal of environmental impact assessment reports; issue, reissue, adjust, regranted, or revoke environmental permits; issue, reissue, or regrant environmental certificates within its authority;

3. Direct, guide, inspect, and organize the implementation of pollution source control; manage waste, environmental quality; restore and rehabilitate the environment; protect natural heritage environments, conserve nature and biodiversity; prevent and respond to environmental incidents in accordance with the provisions of the law;

4. Organize the construction and management of the national environmental monitoring network; approve and organize the implementation of environmental monitoring programs; provide information and warnings about environmental pollution in accordance with the provisions of the law;

5. Organize the incorporation of environmental protection content into regional planning; guide the incorporation of environmental protection content into provincial planning and special economic - administrative unit planning;

6. Organize the collection of statistics, construction, maintenance, and operation of information systems and environmental databases, and environmental reporting in accordance with the provisions of the law;

7. Communicate, disseminate knowledge, propagate laws on environmental protection, educate, raise awareness and consciousness about environmental protection; train and foster professional and managerial skills in environmental protection in accordance with legal regulations;

8. Propose policies on environmental protection taxes and fees, issue green bonds, and other economic instruments to mobilize and utilize resources for environmental protection in accordance with legal regulations;

9. Organize the construction and implementation of a national-level monitoring and evaluation system for climate change adaptation activities; a national-level system for measuring, reporting, and verifying greenhouse gas emission reduction activities;

10. Organize the implementation of national greenhouse gas inventories; develop and update the national database, climate change scenarios; provide guidance on the use of information and data on climate change and integrate climate change response content into strategies and planning;

11. Aggregate and propose the allocation of the state budget estimates for environmental protection activities of Ministries, ministerial-level agencies, Provincial People’s Committees, and provide guidance on implementation in accordance with state budget laws; guide the statistics, monitoring, and disclosure of funding sources for environmental protection;

12. Submit to the Government on participation in international organizations, signing international treaties, international agreements on the environment; carry out international integration and cooperation on environmental protection in areas within the scope of management;

13. Inspect and check the compliance with the law, the responsibilities of state management regarding environmental protection; handle complaints and denunciations about the environment; determine damages and request compensation for environmental damages; handle violations of environmental protection laws in accordance with legal regulations;

14. Organize scientific research, technology development, application, and technology transfer in the field of environmental protection according to legal regulations;

15. Coordinate with the Vietnam Fatherland Front and central agencies of socio-political organizations in organizing the implementation of the State's guidelines, policies, and laws on environmental protection, and supervise activities related to environmental protection;

16. Perform other environmental protection tasks assigned by the Government or the Prime Minister.

Article 167. State management responsibilities for environmental protection of Ministries and ministerial-level agencies

1. The Ministry of National Defense is responsible for organizing the implementation of environmental protection laws in the field of national defense; developing and organizing forces and means to participate in responding to and remedying environmental incidents; participating in cross-border environmental monitoring and offshore marine monitoring in accordance with the law.

2. The Ministry of Public Security is responsible for organizing the implementation of environmental protection laws in the activities of the People's Public Security forces; directing and organizing crime prevention activities and acts of law violations related to environmental crimes; ensuring security, order, and social safety in the field of environment according to the law; mobilizing forces to participate in responding to and remedying environmental incidents in accordance with the law.

3. Ministries and ministerial-level agencies, within the scope of their functions and powers, are responsible for coordinating with the Ministry of Natural Resources and Environment to implement the state management tasks on environmental protection.

4. The Government shall provide detailed regulations on the responsibilities of Ministries and ministerial-level agencies in performing state management tasks on environmental protection according to the provisions of this Law.

Article 168. Responsibilities of People's Committees at all levels for state management of environmental protection

1. Provincial-level People's Committees, within the scope of their duties and powers, have the following responsibilities:

a) Develop, promulgate or submit to the People's Council at the same level for promulgation, and organize the implementation of legal normative documents on environmental protection; local environmental standards and technical regulations; strategies, plans, programs, schemes, and projects on local environmental protection; environmental protection contents in the provincial planning;

b) Organize the appraisal and approval of the results of environmental impact assessment reports; issue, reissue, adjust, reissue, or revoke environmental permits according to authority;

c) Direct, guide, inspect, and organize the implementation of pollution source control; prevent and respond to environmental incidents in the area in accordance with the law; organize the management of discharge sources in the area according to assignment and decentralization; be responsible to the Government for causing environmental pollution in the area;

d) Organize monitoring, supervision, warning, environmental quality management, and waste management in the area according to authority and following the guidance of the Ministry of Natural Resources and Environment; environmental remediation and restoration; protect natural heritage, conserve nature, and biodiversity.

d) Invest in the construction, management, and operation of the environmental monitoring network according to the national environmental monitoring master plan; develop, approve, and organize the implementation of local environmental monitoring programs; provide information and warnings about environmental pollution in accordance with the law;

e) Organize surveys, statistics, update environmental information systems and databases, and report on the environment in accordance with the law;

g) Communicate, disseminate knowledge, and propagate laws on environmental protection; educate and raise awareness and consciousness about environmental protection; train and enhance professional and managerial skills in environmental protection in accordance with the law;

h) Inspect and supervise the compliance with the law and the responsibilities of state management on environmental protection in the area; resolve complaints and denunciations about the environment; assess and request compensation for environmental damage; handle violations of environmental protection laws according to legal regulations;

i) Mobilize and use resources for environmental protection according to legal regulations; submit to the People's Council at the same level to allocate funds for carrying out environmental protection tasks according to the current budget decentralization; guide, allocate, and supervise the implementation of state budget expenditures for local environmental protection activities;

k) Organize research and application of scientific and technological advancements; participate in international cooperation on environmental protection according to legal regulations;

l) Perform other environmental protection tasks assigned by the Government or the Prime Minister.

2. The District People's Committee, within the scope of its tasks and powers, has the following responsibilities:

a) Develop, promulgate, or submit to the competent authority for promulgation legal documents on environmental protection, plans, programs, schemes, and projects on local environmental protection;

b) Grant, reissue, adjust, re-grant, or revoke environmental permits within their authority;

c) Direct, guide, inspect, and organize the implementation of pollution source control; prevent and respond to environmental incidents in the area according to legal regulations; organize the management of emission sources in the area according to assigned responsibilities and decentralization; be accountable to the Provincial People's Committee for environmental pollution occurring in the area;

d) Organize monitoring, supervision, warning, management of environmental quality, and waste management in the area according to authority or as assigned by the Provincial People's Committee; rehabilitate and restore the environment; conserve nature and biodiversity;

dd) Inspect, examine and handle violations of the law on environmental protection according to its competence or transfer them to competent persons for handling in accordance with law; settle complaints, denunciations and proposals on environmental protection;

e) Communicating and disseminating knowledge and propagating the law on environmental protection; educating and raising awareness and awareness of environmental protection in the community;

g) Information on the environment and environmental reports as prescribed by law;

h) Mobilize and use resources for environmental protection in accordance with law; submit to the People's Councils of the same level or competent authorities for allocation of funds for the performance of environmental protection tasks according to the current budget decentralization;

i) Perform other environmental protection tasks assigned by provincial-level People's Committees.

3. The commune-level People's Committee, within the scope of its duties and powers, has the following responsibilities:

a) Develop, promulgate according to authority, and organize the implementation of legal normative documents, regulations, and conventions on maintaining hygiene and protecting the environment; develop and organize the implementation of projects and tasks related to environmental protection;

b) Direct, guide, inspect, and organize the implementation of pollution source control; receive environmental registrations; prevent and respond to environmental incidents in the area according to legal regulations; organize the management of emission sources in the area according to assignment and decentralization; be responsible to the district-level People's Committee for occurrences of environmental pollution in the area;

c) Organize monitoring, supervision, warning, environmental quality management, and waste management in the area according to authority or according to decentralization from the district-level People's Committee; rehabilitate and restore the environment; conserve nature and biodiversity;

d) Media campaigns to raise awareness, build consciousness about environmental protection in the community; mobilize residents to participate in sanitation maintenance and environmental protection; guide local communities to incorporate environmental protection content into village regulations, conventions, the construction of new rural areas, and cultural families;

d) Inspecting and handling violations of environmental protection laws within their authority or referring cases to the competent authorities for handling as prescribed by law; resolving complaints, denunciations, and recommendations regarding environmental protection within their authority;

e) Mobilizing and using resources for environmental protection work according to legal regulations;

g) Organizing the collection of environmental information and environmental reporting in accordance with legal provisions;

h) Performing other environmental protection tasks assigned by the district-level People's Committee.

4. Responsibilities for environmental protection of local authorities in special administrative-economic units as prescribed by the National Assembly when establishing such special administrative-economic units, except in cases where the law on special administrative-economic units already provides otherwise.

Chapter XVI. IMPLEMENTING PROVISIONS

Article 169. Amendments and supplements to certain laws related to environmental protection

1. Abolish, amend, and supplement certain provisions of the Water Resources Law No. 17/2012/QH13 as amended and supplemented by Law No. 08/2017/QH14 and Law No. 35/2018/QH14 as follows:

a) Abolish Article 37 and point đ of Clause 1, Article 38;

b) Amend and supplement Clause 1, Article 73 as follows:

"1. The Ministry of Natural Resources and Environment and the People's Committee at the provincial level shall be responsible for granting, renewing, adjusting, suspending, and revoking water resource permits. The issuance of environmental permits, which includes the discharge of wastewater into water sources, shall be carried out in accordance with the provisions of the law on environmental protection."

2. Repeal point d, Clause 1, Article 44 and Article 58 of the Law on Irrigation No. 08/2017/QH14 as amended and supplemented by certain provisions under Law No. 35/2018/QH14 and Law No. 59/2020/QH14.

3. Amend and supplement certain provisions of the Public Investment Law No. 39/2019/QH14 as amended and supplemented under Law No. 64/2020/QH14 as follows:

a) Amend and supplement point g, Clause 2, Article 30 as follows:

"g) Analyze and conduct a preliminary assessment of social impacts; conduct a preliminary assessment of environmental impacts (if any) in accordance with the provisions of the law on environmental protection;"

b) Amend and supplement Clause 6, Article 31 as follows:

"6. Analyze and conduct a preliminary assessment of social impacts; conduct a preliminary assessment of environmental impacts (if any) in accordance with the provisions of the law on environmental protection; preliminarily determine the economic and social investment efficiency."

4. Abolish, amend, and supplement certain points in Section IX - Fees in the field of natural resources and environment in Appendix No. 01 - List of Fees and Charges issued together with the Law on Fees and Charges No. 97/2015/QH13, which has been amended and supplemented by certain articles under Law No. 09/2017/QH14 and Law No. 23/2018/QH14 as follows:

a) Amend and supplement point 1.4 as follows:

1.4

Fee for appraisal of environmental impact assessment reports

* The Ministry of Finance regulates for appraisal activities conducted by central agencies;

* The provincial People's Council decides for appraisal activities conducted by local agencies.

b) Supplement point 1.6 after point 1.5 as follows:

1.6

Fee for appraisal of issuance, reissuance, and adjustment of environmental permits

* The Ministry of Finance regulates for appraisal activities conducted by central agencies;

* The provincial People's Council decides for appraisal activities conducted by local agencies.

c) Abolish points 5.4, 6.3, and sub-item 9.

Article 170. Effective date

1. This law takes effect from January 1, 2022, except as provided in Clause 2 of this Article.

2. Clause 3, Article 29 of this law takes effect from February 1, 2021.

3. The Law on Environmental Protection No. 55/2014/QH13, as amended by Law No. 35/2018/QH14, Law No. 39/2019/QH14, and Law No. 61/2020/QH14, shall cease to be effective from the date this law takes effect.

Article 171. Transitional provisions

1. Complete and valid dossiers that have been received by competent state agencies for handling under environmental administrative procedures before the effective date of this law shall be handled in accordance with the provisions of the law at the time of receipt, except in cases where organizations or individuals request to implement according to the provisions of this law.

2. The decision to approve the environmental impact assessment report, the preliminary environmental impact assessment report, the detailed environmental impact assessment report, the supplementary environmental impact assessment report, the re-prepared environmental impact assessment report, the detailed environmental protection project, and the document confirming the simple environmental protection project, the environmental standard compliance registration, the environmental protection commitment, and the environmental protection plan that have been issued by the competent state authority before the effective date of this Law are documents equivalent to the decision approving the appraisal results of the environmental impact assessment report when considering the issuance of an environmental permit.

3. The decision approving the deposit plan, environmental rehabilitation and restoration; environmental rehabilitation and restoration projects; environmental rehabilitation and restoration plans; supplementary environmental rehabilitation and restoration plans issued by the competent state agencies before the effective date of this Law shall be part of the approval decision or confirmation documents specified in Clause 2 of this Article for mineral exploitation projects when considering the issuance of environmental permits.

4. Time-limited environmental certificates or confirmations issued by competent authorities before the effective date of this Law, except for cases specified in Point d, Clause 2, Article 42 of this Law, shall continue to be used until their expiry.

5. Permits for discharging wastewater into water sources and permits for discharging wastewater into irrigation works that have been issued in accordance with the provisions of the Water Resources Law and the Irrigation Law shall continue to be used until the expiration of the permit and are part of the environmental permit stipulated by this Law. Organizations and individuals who have been granted permits for discharging wastewater into water sources or into irrigation works are advised to apply to the competent authority for an environmental permit in case they have completed the works, air emission treatment equipment, and solid waste management in accordance with the provisions of this Law.

6. The Government shall regulate the details of this Article.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th session, 10th sitting, on November 17, 2020.

CHAIRMAN OF THE NATIONAL ASSEMBLY

Signed: Nguyễn Thị Kim Ngân

OFFICE OF THE PRESIDENT

No.: 27/SY-VPCTN

CERTIFIED COPY

Hanoi, December 4, 2020

On behalf of the Chief

Deputy Chief

(Signed)

Phạm Thanh Hà