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Environmental Protection
Law, Decree Guiding Implementation (Govt Decree No. 175-CP, 1994)
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: ASEAN Project : Vietnam
: Implementing Regulations
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DECREE
ON PROVIDING GUIDANCE
FOR
THE IMPLEMENTATION OF
THE
LAW ON ENVIRONMENTAL PROTECTION
Government
Decree No. 175-CP
(18
October 1994)
| CHAPTER I |
GENERAL PROVISIONS |
| CHAPTER
II |
DIVISION OF RESPONSIBILITIES IN STATE
MANAGEMENT OF ENVIRONMENTAL PROTECTION, RESPONSIBILITIES OF ORGANIZATIONS
AND INDIVIDUALS FOR ENVIRONMENTAL PROTECTION |
| CHAPTER III |
EVALUATION OF ENVIRONMENTAL EFFECT |
| CHAPTER
IV |
PREVENTION, FIGHTING AND OVERCOMING ENVIRONMENTAL
DEGRADATION, ENVIRONMENTAL POLLUTION AND ENVIRONMENTAL ACCIDENTS |
| CHAPTER V |
FINANCIAL SOURCES FOR ENVIRONMENTAL PROTECTION |
| CHAPTER VI |
INSPECTION ON ENVIRONMENTAL PROTECTION |
| CHAPTER VII |
IMPLEMENTATION PROVISIONS |
| APPENDIX
I.1 |
THE CONTENTS OF THE REPORT FOR THE PRELIMINARY
ENVIRONMENTAL IMPACT ASSESSMENT |
| APPENDIX
I.2 |
THE CONTENT FOR DETAILED ENVIRONMENT IMPACT
ASSESSMENT REPORT |
| APPENDIX
I.3 |
THE CONTENT OF THE ENVIRONMENTAL IMPACT
ASSESSMENT REPORT TO THE OPERATING UNITS |
| APPENDIX II |
APPRAISAL DECENTRALIZATION OF EIA-REPORT |
| APPENDIX
III |
LIST OF PRECIOUS FOREST PLANTS AND ANIMALS |
| APPENDIX
IV |
EMISSION STANDARD FOR ALL VEHICLE EMISSION
STANDARD FOR NEW VEHICLE |
| APPENDIX V.1 |
PERMITTED VIBRATION |
| APPENDIX V.2 |
VIBRATION IN EACH OCTA |
| APPENDIX V.3 |
NOISE STANDARD FOR VEHICLE |
| APPENDIX V.4 |
NOISE STANDARD IN AREAS (UNIT DBA) |
THE GOVERNMENT
-
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
-
Pursuant to the Law
on Environmental Protection on the 27th of December 1993:
-
At the proposal of the
Minister of Science, Technology, and Environment,
DECREES:
CHAPTER
I
GENERAL PROVISIONS
Article 1
This Decree stipulates
details for the implementation of the Law
on Environmental Protection passed by the National Assembly of the
Socialist Republic of Vietnam on the 27th of December 1993 and promulgated
by the President of the State in Decision No. 29L/CTN on the 10th of January
1994.
Article 2
The stipulations of
this Decree apply to all activities of Vietnamese organizations and individuals
and foreign organizations and individuals on the territory of the Socialist
Republic of Vietnam covered by the Law
on Environmental Protection.
Article 3
The stipulations on
environmental protection concerning international relations must be carried
out in conformity with the Law on
Environmental Protection and other prescriptions concerned of Vietnam’s
law and the international treaties which Vietnam has signed or acceded
to.
In case an international
treaty which Vietnam has signed or acceded to stipulates differently from
this Decree, the stipulations of that international treaty shall prevail.
CHAPTER
II
DIVISION OF
RESPONSIBILITIES
IN STATE MANAGEMENT
OF ENVIRONMENTAL PROTECTION,
RESPONSIBILITIES
OF ORGANIZATIONS AND INDIVIDUALS
FOR ENVIRONMENTAL
PROTECTION
Article 4
1.
The Ministry of Science, Technology and Environment exercising unified
State management of environment protection on a national scale, is responsible
for organizing and guiding the activities for environmental protection
within their function and tasks as follows:
-
Drawing up statutory provisions
on environmental protection and submit them to the Government for promulgation,
or promulgate them within its jurisdiction;
-
Working out the strategy
and policy on environmental protection and submit them to the Government
for approval;
-
Chairing the building of
long-term and annual plans for preventing, fighting and overcoming environmental
degradation, environmental pollution and environmental accidents, for environmental
protection projects and other projects concerning environmental protection,
submit them to the Government for decision, and cooperate with other branches
concerned in carrying them out;
-
Organizing, building and
managing the system of observatories for environmental protection;
-
Evaluating the present
state of the environment on a national scale and making periodical reports
on it to the Government and the National Assembly;
-
Checking Reports on the
environmental effect of projects and establishments as stipulated at Chapter
III of this Decree;
-
Guiding the organization
of research and the application of scientific and technological advances
in environmental protection; organizing the building and application of
a system of environmental safety standards; issuing or withdrawing certificates
of environmental standards; organizing the training of environmental staff
for the management of environmental protection;
-
Guiding and supervising
the implementation of the Law on
Environmental Protection by the various branches, localities, organizations
and individuals; organizing the inspection of environmental protection,
and handling complaints and denunciations about environmental protection
within its powers;
-
Reporting to the Government
on its participation in international organizations, its signing of or
accession to international treaties on environmental protection, and its
participation in international activities concerning environmental protection.
2. The
Department of Environment has the task of helping the Minister of Science,
Technology and Environment exercise the function of State management in
environmental protection on a national scale.
The tasks, powers and
organization of the Department of Environment shall be defined by the Minister
of Science, Technology and Environment.
Article 5
1.
The ministries, agencies at ministerial level and agencies attached to
the Government in furtherance of their function, tasks and powers are responsible
for exercising State management of environmental protection as follows:
-
Drafting documents on environmental
protection within the scope of their activity in conformity with the stipulations
of the Law on Environmental Protection,
submit them to the Government for promulgation, or promulgate them within
their powers;
Working out
the strategy and policies of their branch for environmental protection
in conformity with the general strategy and policies of the whole country
on environmental protection;1
-
Guiding and checking the
implementation of the law, plans and measures on environmental protection
within their branch and at the establishments directly under their management
as directed by the Ministry of Science, Technology and Environment;
-
Managing the projects of
their branch relating to environmental protection;
-
Jointly checking reports
on the evaluation of environmental effect of projects, production establishments
and businesses as stipulated at Chapter III of this
Decree;
-
Settling disputes, complaints
and denunciations and petitioning for punishment of violations of the law
on environmental protection within their powers as stipulated by law.
2. The
ministries, agencies at ministerial level and agencies attached to the
Government shall cooperate with the Ministry of Science, Technology and
Environment in doing the following work:
-
Surveying, observing, studying
and evaluating the present state of environment within their branch;
-
Building a plan to prevent,
fight and overcome environmental degradation, environmental pollution and
environmental accidents within their branch, submit it to the Government
for decision, and organizing its implementation;
-
Studying and applying scientific
and technological advances in the field of environmental protection within
their branch;
-
Carrying out education,
and dissemination of the knowledge and law on environmental protection
within their branch.
Article 6
1.
The People’s Committees of provinces and cities under the Central Government
are responsible for exercising State management of environmental protection
as follows:
-
Issuing within their powers
documents on environmental protection in their locality;
-
Directing and inspecting
the implementation of the regulations of the State and the locality on
environmental protection in their locality;
-
Checking report on the
evaluation of environmental effect of projects and establishments as stipulated
at Chapter III of this Decree;
-
Granting certificates of
environmental standards to production establishments and businesses, or
withdrawing them;
-
Cooperating with the institutions
at the central level in supervising, inspecting and handling violations
of the Law on Environmental Protection
in the locality; urging all organizations and individuals to observe the
Law on Environmental Protection;
-
Receiving and settling
disputes, complaints, denunciations on environmental protection within
their powers, or submitting them to the authorized institutions for settlement.
2. The
Science, Technology and Environment Office is responsible to the People’s
Committees of provinces and cities under the Central Government in exercising
State management of environmental protection in their locality.
The tasks, powers and
organization of the Science, Technology and Environment Office are stipulated
by the People’s Committees of provinces and cities under the Central Government
under the guidance of the Ministry of Science, Technology and Environment.
Article 7
The State institutions
and mass organizations have the following task in the protection of the
environment:
-
Ensuring strict implementation
at the premises of public offices and mass organizations of the stipulations
of law and of central and local institutions on environmental protection;
-
Conducting popularization
and education for the staff of public offices and mass organizations to
raise their sense of responsibility in environmental protection:
-
Within their responsibility
and powers, checking, campaigning for and supervising the implementation
of the Law on Environmental Protection,
promptly discovering any violations of the Law
on Environmental Protection, and reporting it to the authorized institution
for settlement.
Article 8
All production organizations
and businesses are obliged to strictly abide by the law on:
-
Evaluating environmental
effects; ensuring strict observance of environmental standards; preventing,
fighting and overcoming the consequences of environmental degradation,
environmental pollution and environmental accidents;
-
Making financial contribution
to environmental protection, compensating for any losses caused by environmental
damage as stipulated by law;
-
Supplying full documents
and creating conditions for supervisory and inspection groups or for inspectors
in the discharge of their functions; abiding by any decision by an inspection
group or inspectors;
-
Conducting popularization
and education for cadres and workers to raise their sense of responsibility
for environmental protection; making periodical reports to the State managing
institution for environmental protection in the locality on the present
state of environment in their area of activity.
CHAPTER
III
EVALUATION OF
ENVIRONMENTAL EFFECT
Article
9
The investors, project
owners or directors of public offices and enterprises must evaluate the
environmental effect of the following projects and institutions:
-
Master plans for regional
development, the zoning and plans for development of branches, provinces
and cities directly under the Central Government, the planning of urban
centers and residential quarters;
-
Projects on economic, scientific,
medical, cultural, social, security and defense;
-
Projects invested or funded
by foreign organizations or individuals, or international organizations,
or built with loans from them or as joint ventures with them on Vietnamese
territory;
-
The projects mentioned
at Points 1, 2 and 3 of this Article which were ratified before the 10th
of January 1994, but which have not been evaluated for their environmental
effect as required;
-
The economic, scientific,
medical, cultural, social, security and defense establishments put into
operation before the 10th of January 1994.
Article 10
1.
The environmental effect should be evaluated as follows:
-
Evaluating the present
state of the environment in the area of operation of the project or the
establishment;
-
Evaluating the effect exerted
on the environment by the operation of the project or the establishment;
-
Proposing measures for
environmental protection.
2. The
stipulations in this Article should be included in a special report called
the Report on the evaluation of environmental effect.
Article
11
1.
With regard to the projects mentioned at Points 1, 2, 3
and 4 of Article 9, the making of the Report on the evaluation of environmental
effect should be undertaken in two steps: preliminary and in details (those
projects mentioned at Point 4 should be evaluated in
details only).
The contents of the
Report on the preliminary evaluation of environmental effect is stipulated
at Appendix I.1;
The contents of the
Report on the detailed evaluation of environmental effect is stipulated
at Appendix I.2.
2.
With regard to the projects mentioned at Point 5 of Article
9, the contents of the Report on the evaluation of environmental effect
is stipulated at Appendix I.3.
Article
12
1.
The methods used in evaluating environmental effect must be objective,
scientific and practical, and up to current international standard.
2.
The report on the evaluation of environmental effect must be made by those
agencies and organizations that have a qualified staff and necessary facilities.
3.
The report on the evaluation of environmental effect must be made on the
basis of Vietnam’s environmental norms. As for those areas which do not
yet have environmental norms, a written agreement should be reached with
the State institution in charge of environmental protection.
Article 13
The dossier applying
for the expertise of the Report on the evaluation of environmental effect
includes the following:
-
With regard to the projects
mentioned at Points 1, 2, 3 and 4 of Article 9:
-
A report on the evaluation
of environmental effect;
-
The dossier of the project
and attached appendices.
-
With regard to the projects
mentioned at Point 5 of Article 9:
-
A report on the evaluation
of environmental effect;
-
A report on the present
production and business activities of the establishment and other issues
concerned.
-
The dossier applying for
expertise should be made in 3 copies. With regard to the projects mentioned
at Point 3 of Article 9, the document should be made
in Vietnamese.
Article
14
1.
The expertise of the Report on the evaluation of environmental effect of
those projects and establishments currently in operation is classified
into 2 levels:
-
At the central level, it
is expertized by the Ministry of Science, Technology and Environment. According
to concrete cases, the Ministry of Science, Technology and Environment
can assign it to a Ministry specializing in the field;
-
At the local level, it
is expertized by the Science, Technology and Environment Office.
2. The
Ministry of Science, Technology and Environment shall submit to the Government
the list of projects of which the Report on the evaluation of environmental
effect needs to be submitted to the National Assembly.
Article
15
1.
The State managing institution for environmental protection is responsible
for expertising the Report on the evaluation of environmental effect.
2.
If necessary, an expertise council shall be established.
-
The Expertise Council at
the central level shall be established by decision of the Ministry of Science,
Technology and Environment.
-
The Expertise Council in
provinces and cities directly under the Central Government is established
by decision of the Presidents of the People’s Committees of provinces and
cities directly under the Central Government.
3. The
Council is composed of scientists, managers, and may also include representatives
of social organizations and representatives of the people. However, its
membership should not exceed 9 persons.
Article 16
The time for expertizing
the Report on the evaluation of environmental effect should not exceed
2 months after all necessary documents are received.
With regard to the projects
mentioned at Point 3 of Article 9, the time for expertise
must conform to the time schedule set for the granting of an investment
license.
Article 17
The State managerial
institution on environmental protection is responsible for supervising
the technical designing and the carrying out of measures for environmental
protection at the proposal of the Expertise Council.
Article 18
In case of disagreement
with the conclusion of the Expertise Council, the investor, the project
manager or director of a public office or enterprise... may complain to
the institution that decided the establishment of the Council and to the
State managerial institution on environmental protection of higher level.
The complaint should
be considered and settled within 1 to 3 months after it is received.
Article 19
With regard to the projects
mentioned at Article 9 of this Decree which are under
the management of the Ministry of Defense and the Ministry of the Interior,
the Minister of Defense and the Minister of the Interior should organize
the compilation and expertise of the Report on the evaluation of environmental
effect as directed by the Ministry of Science, Technology and Environment.
Article
20
1.
With regard to the projects mentioned at Point 5, Article
9, of this Decree, the compilation and expertise of the Report on the
evaluation of environmental effect should be undertaken step by step and
within the time frame set by the Ministry of Science, Technology and Environment.
2.
The results of the expertise of the Report on the evaluation of environmental
effect of the establishments currently in operation are classified into
the 4 following types for settlement:
-
Those that are permitted
to continue their operation without further measures for environmental
protection;
-
Those that must invest
in building waste-treatment facilities;
-
Those that must change
their technology and be re-located;
-
Those that must stop their
operation.
CHAPTER
IV
PREVENTION,
FIGHTING AND OVERCOMING ENVIRONMENTAL DEGRADATION, ENVIRONMENTAL POLLUTION
AND ENVIRONMENTAL ACCIDENTS
Article 21
The use and exploitation
of national parks, natural preserves, historic and cultural relic sites,
and scenic spots... must be permitted by the managerial institution of
the branch concerned. Before issuing the permit, the managerial institution
must obtain written approval of the State managerial institution on environmental
protection.
After receiving the
permit for exploitation and use, the organization or individual whose name
is written in the permit must register with the local administration which
is directly in charge of the conservation sites concerned.
The permit must specify
these points: the area and scope of use, the purpose and the time for exploitation,
and the measures for environmental protection during the exploitation.
Article 22
All organizations and
individuals engaged in activities concerning the environment must observe
the environmental norms.
The list of Vietnam’s
environmental norms includes:
-
The environmental norm
for the protection of soil;
-
The environmental norm
for the protection of water;
-
The environmental norm
for the protection of the air;
-
The environmental norm
for noise;
-
The environmental norm
for radiation and ionization;
-
The environmental norm
for protection of residential quarters;
-
The environmental norm
for protection of production areas;
-
The norm for environmental
evaluation in the protection of forests;
-
The norm for environmental
evaluation in the protection of animal and plant life;
-
The norm for environmental
evaluation in the protection of the ecology;
-
The environmental norm
for the protection of the sea;
-
The environmental norm
for the protection of natural preserves and natural landscapes;
-
The environmental norm
for the planning of industrial, urban and civil constructions;
-
The environmental norm
for the transportation, stockpiling and use of toxic and radioactive elements;
-
The environmental norm
for the exploitation of open cut mines and underground mines;
-
The environmental norm
for motorized means of transport;
-
The environmental norm
for the establishments using micro-organisms;
-
The environmental norm
for the protection of the subsoil;
-
The environmental norm
for environmental protection of tourist sites;
-
The environmental norm
for the import-export sector;
-
The environmental norm
for hospitals and clinics for treatment of special diseases.
All the norms in the above
list are compiled and issued by the Ministry of Science, Technology and
Environment in conjunction with the other ministries and branches concerned.
Article 23
Any organization and
individual, that want to export or import animals or plants (including
seeds), micro-organisms, and gene sources, must have a permit from the
managerial office of the branch concerned and the State managerial institution
for environmental protection and a quarantine certificate from the authorized
quarantine office of Vietnam. When they discover the danger of items listed
in the permit spreading diseases to humans, animals and poultry, or dangers
of causing environmental pollution or degradation, they must urgently report
it to the local administration and the nearest State managerial institution
for environmental protection to take measures to isolate or destroy them
immediately.
With regard to endangered
species of animals and plants listed in the Convention on International
Trading of Endangered Species (CITES), the Law on the Protection and Development
of Forests and the Ordinance on the Protection of Aquatic Resources should
be strictly observed. The list of species covered by this Article is announced
by the Ministry of Forestry, the Ministry of Aquatic Resources, and the
Ministry of Agriculture and Food Industry.
Article 24
Any organization and
individual who want to export or import toxic chemicals and micro-biological
products must have a permit form the managerial office of the branch concerned
and the State managerial institution for environmental protection and must
scrupulously abide by the current norms of Vietnam. In their application,
they must specify the purpose of the use, the quantity, the technical properties,
the composition and formula, if any, the trade brand, the firm and the
country that produce it. The organization and individual concerned are
responsible for exporting or importing exactly the items and the quantity
listed in the permit.
In case the items are
past the expiry date and must be destroyed, they must send in an application
specifying the quantity, the technical properties and the technology for
destruction, and the destruction must be supervised by the State managerial
institution on environmental protection and the authorized police office.
With regard to botanical
protection substances, the Ordinance on Botanical Protection and Quarantine
must be strictly observed.
Article 25
The importation of whole
equipment and technology for projects and joint ventures can be made only
after the economic and technical feasibility study has been ratified and
the Report on the evaluation of environmental effect of the project has
been expertised by the State managerial institution for environmental protection.
With regard to important
single pieces of equipment concerning environmental protection, the State
managerial institution for environmental protection can, if necessary,
consider and allow their importation.
The granting of permits
for these cases is effected according to the following assignment of authority:
-
The Ministry of Science,
Technology and Environment grants import permits for those projects and
joint ventures ratified by the Expertise Council of the State.
-
The local Science, Technology
and Environment Office grants permits for all other cases under the guidance
of the Ministry of Science, Technology and Environment.
Article 26
1.
All means of transport, trains, vehicles and vessels should not emit more
smoke, dust, oil and toxic exhaust into the environment than the levels
stipulated. For those means of transport imported into Vietnam after the
Law on Environmental Protection
takes effect, they must meet the exhaust norms before being put into operation.
2.
All motorized means of transport in operation must not produce more noise
than the levels stipulated.
3.
For those means of transport put into operation before the Law
on Environmental Protection takes effect, they must apply technical
solutions to minimize the smoke and toxic exhaust they discharge into the
environment. From the 1st of April 1995, all motorized means of transport
in the cities must ensure a level of smoke discharge not exceeding 60 Hartridge
units, should not emit the above-mentioned pollutants and should not produce
noise above the levels permitted.
Those means of transport
which fail to meet these norms shall be suspended.
4.
The motorized means of transport must not use their horns when they pass
by hospitals, sanatoria, schools and densely populated areas at noon time
and after 22:00 hrs.
The Ministry of Communications
and Transport is responsible for examining and granting permits for those
means of transport which meet the environmental norms.
Article 27
1.
All production units, businesses, hospitals, hotels, restaurants... which
have solid or liquid waste matter or exhaust must treat it before discharging
them; the waste-treatment technology must be examined and ratified by the
authorized State managerial institution.
2.
Waste matter from daily life in the cities and other urban centers, and
industrial parks must be collected, transported and treated in accordance
with the regulations for waste treatment.
3.
Such waste matter containing micro-organisms and disease-causing viruses
must be carefully treated before being discharged into public dumping grounds
in accordance with current regulations.
4.
Such waste matter containing toxic chemicals hard to decompose must be
treated by special technology and must not be discharged into the dumping
grounds reserved for waste matter from daily life.
Article 28
1.
The export or import of waste matter containing toxic elements or disease-causing
viruses which could cause environmental pollution is strictly banned.
2.
The Ministry of Science, Technology and Environment guides the branches
and localities in drawing up the lists of sub-standard raw materials and
discarded materials which meet the norms of environmental hygiene and are
permitted to be imported for use as materials for production, and submits
them to the Prime Minister for decision.
Article 29
As from the 1st of January
1995, the production, transport, trading, stockpile and use of all sorts
of firecrackers on the entire Vietnamese territory is strictly banned.
The Government shall
stipulate the production and use of fireworks on a number of special anniversaries
and New Year days.
Article 30
1.
The Minister of Science, Technology and Environment shall report to the
Prime Minister cases of environmental accidents of particular gravity and
proposes urgent solutions to the Prime Minister for decision.
2.
Cases of environmental accidents of particular gravity are accidents that
cause enormous and serious losses:
-
To the lives and property
of many people;
-
To economic, social, security
and defense establishments;
-
To vast areas encompassing
many cities and provinces;
-
To areas of international
influence.
3. The
Minister of Defense and the Minister of the Interior shall organize a special
task force to handle environmental accidents. The Ministry of Science,
Technology and Environment together with the Ministry of the Interior,
the Ministry of Defense and other ministries and branches concerned shall
plan the building of such forces and submit the plan to the Prime Minister
for approval.
Article 31
The payment for expenses
incurred in handling environmental accidents by organizations and individuals
involved must be based on the agreement among the organizations and individuals
mobilized and the institution authorized to mobilize them.
The Ministry of Finance
shall stipulate in detail the modalities of payment for these expenses.
CHAPTER
V
FINANCIAL SOURCES
FOR ENVIRONMENTAL PROTECTION
Article 32
The financial sources
for environmental protection include:
1.
The State budget allocations for activities of environmental protection,
for scientific research and the State management of environmental protection.
2.
The fee of expertizing Reports on the evaluation of environmental effect
of socio-economic projects; the fee for environmental protection paid by
those organizations and individuals who use environmental factors for the
purpose of production and business in accordance with the detailed stipulations
of the Ministry of Finance;
3.
Other sources (fines for infringement on regulations for environmental
protection, contributions by socio-economic organizations...).
Article 33
The Government shall
set up the National Reserve Fund for overcoming environmental degradation,
environmental pollution and environmental accidents with the aim of coping
with emergency cases of environmental accidents, environmental pollution
and environmental degradation.
The financial sources
for this Fund come from State budget allocations, contributions by businesses
(including joint ventures with foreign countries), contributions by Vietnamese
and foreign individuals and organizations for activities of environmental
protection in Vietnam.
The Ministry of Science,
Technology and Environment and the Ministry of Finance are responsible
for making regulations for the management and use of this fund.
Article 34
All organizations and
individuals engaged in production and trading in the following fields must
pay fees for environmental protection:
-
Exploiting oil and gas
and other subsoil resources;
-
Air and sea ports, bus
stations and railway stations;
-
Motorized means of transport;
-
Other fields of production
and business causing environmental pollution.
Those foreign organizations
and individuals engaged in production and business activities that cause
environmental pollution must pay fees for environmental protection.
The rate of environmental
protection fees depends on the level of harm that the activities of production
and business could cause to the environment.
The Ministry of Science,
Technology and Environment and the Ministry of Finance shall guide the
collection and use of the environmental protection fees.
Article 35
The financial sources
for carrying out the task of environmental protection each year are used
for the following work:
-
Conducting basic surveys
on environmental factors with special attention paid to soil, water, air,
forests, the sea and the cultural aspects.
-
Surveying the state of
environmental pollution in the provinces, major cities, industrial zones,
important populated areas, and the sea areas where oil and gas are being
exploited...
-
Taking measures to protect,
restore and improve the environment, control waste matter (particularly
toxic waste) in the cities and industrial zones.
-
Projects to conserve and
restore the ecological systems of importance for long-term socio-economic
development and the maintenance of bio-diversity (including national parks,
natural preserves and reserves, ecological systems of submerged land at
rivermouths and coastal areas, ecological systems of coastal submerged
forests, coral reefs, endangered wildlife species, protection of genetic
pools...).
-
Building infrastructure
projects necessary for environmental protection.
Article 36
The Ministry of Science,
Technology and Environment and the Ministry of Finance shall stipulate
the modalities to collect, spend and manage the financial sources and property
in environmental protection in conformity with the current regulations
of management.
CHAPTER
VI
INSPECTION ON
ENVIRONMENTAL PROTECTION
Article 37
The Ministry of Science,
Technology and Environment is responsible to the Government for organizing
and guiding the implementation of specialized inspection on environmental
protection with the following tasks:
-
Inspecting the environmental
protection by the ministries and branches, and the implementation of the
function of State management of the People’s Committees at various levels
in the localities for environmental protection.
-
Inspecting the observance
of the Law on Environmental Protection:
norms and stipulations on the prevention, fighting and overcoming environmental
degradation, environmental pollution and environmental accidents in the
course of use and utilization of the environmental factors by organizations
and individuals.
Article 38
The organization, powers
and scope of activity of inspectors specialized in environmental protection
are jointly stipulated by the Ministry of Science Technology and Environment
and the General Inspector of the State in accordance with the Law
on Environmental Protection and the Inspection Ordinance.
CHAPTER
VII
IMPLEMENTATION
PROVISIONS
Article 39
This Decree takes effect
as from the date of its signing.
All earlier stipulations
which are contrary to this Decree are now annulled.
Article 40
The Ministers, the Heads
of agencies at ministerial level and the Heads of agencies attached to
the Government, the Presidents of the People’s Committees of provinces
and cities directly under the Central Government are responsible for giving
detailed guidance on the implementation of this Decree within their function
and powers.
On behalf
of the Government
The Prime
Minister
Vo Van
Kiet
APPENDIX
I.1
THE CONTENTS
OF THE REPORT FOR
THE PRELIMINARY
ENVIRONMENTAL IMPACT ASSESSMENT
I.
Introduction
-
Objective of the Report
-
Document, Data Base of
the report
-
Brief project decryption
II.
Data of the Environmental Situation
Qualitative, quantitative
assessment, in the case where there is no quantitative data then classing
according to degree: Heavy, medium, light, unknown by each natural factors
(water, soil, air…)
III.
Environmental Impact Assessment During Project Implementation
General assessment according
to the main factors:
-
Air
-
Water
-
Noise
-
Rock
-
Ecosystem
-
Solid waste
-
Historical landscape
-
Infrastructure
-
Transportation
-
Community Health's
-
Other factors.
IV.
Conclusions and Recommendations
-
Conclusion on the Environmental
Impact of the project.
-
Recommendation to the problems
that need to have detail assessment.
APPENDIX
I.2
THE CONTENT
FOR DETAILED ENVIRONMENT
IMPACT ASSESSMENT
REPORT
I.
Introduction
-
Objective of the Report
-
Document, Data Status of
the Report
-
Selection of the Assessment
Method
-
Organization, members,
method and the process used in preparing report
II.
Brief Description of the Report
-
Name of the project.
-
Name of the Holder, the
agency implement the setting up feasibility study or documents equivalent
to the project value.
-
Socio-economic objective,
the political significant of the project.
-
The main contents of the
project. The socio-economic benefit that project can provide.
-
Project progress, plan
for project exploitation.
-
Project cost, cost process.
III.
Environmental Status at the Project Location
-
General description of
the geographical, socio-economic conditions related to the project location.
-
Forecast of the conditions
if the project is not implemented.
IV.
Impact of the Project Implementation to the Environmental and Natural Resources
Factors
-
Description of the Impact
to the project implementation to each Environmental factor at the project
locations. Presenting the characteristics, degrees, and occurrences
at each time of the impact. Compare to the circumstance of not implementing
project.
-
Impact of the physical
environmental forms water quality, air quality (Hydropheres, airpheres...)
-
Impact to the Biological
resources and ecosystems
-
Aquatic ecosystems
-
Terrestrial ecosystems
-
Impact to the Natural Resource
and Environment
-
Water supply
-
Transportation
-
Agriculture
-
Irrigation
-
Energy
-
Exploration
-
Industry
-
Small Industry
-
Land use to other objections
-
Creation, Heals protection
-
Impact to the direct condition
that impact to the people living quality
-
Socio-economic condition
-
Cultural condition
-
Aesthetic
-
General environmental
assessment in the case of the project implementation. Analysis of the
synthetic Environmental development for each alternative for project implementation.
The damages to natural resources and environment resulting from each alternative.
The measures overcoming.
In this part, it needs
to avail.
-
The material inputs to
production
-
The waste of the production
-
The products
-
Impact forecast of these
materials to environment
-
The mitigating measles
to limit negates impact of the project on the environment. Presenting
in a detailed manner the technical measures, technology, management for
overcoming the negative impact on the environment of the project.
Comparing the resulting
benefits and the costs for each alternative of the project.
-
General assessment.
General assessment of the degree of condense of the forecast of the
environmental impact assessment. The study, investigation, survey that
would be required for more confident conclusion and further adjust of the
forecast of the environmental impact assessment in the future.
V.
Recommendations on the Alternative for Project Implementation
-
Recommendation for alternative
selection to implement the project base on the environmental point of view.
-
Recommendation for the
Environmental protection measures associated with the approved alternative.
APPENDIX
I.3
THE CONTENT
OF THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT
TO THE OPERATING
UNITS
I.
Introduction
-
Objective of the Report
-
Document data of the report
-
Brief summary of the operation,
capacity, material, product, insurance and worker's salary
II.
Brief on the Operating Unit, Technology and Efficiency of the Unit Etc.
III.
Brief Description of the Environmental Status at the Location
-
Biological factors: inland
and water ecosystems.
-
In-Physical factors: water,
soil, air...
-
Infrastructure: water supply
and drainage transportation, Irrigation.
-
Socio-economic conditions
and community health.
IV.
Impact Assessment to the Unit’s Environment
Criteria for assessment.
-
Air
-
Water
-
Noise
-
Soil
-
Ecosystem
-
Waste
-
Landscape, Historical relies
-
Infrastructure
-
Transportation
-
Community health
-
Others
For each of the above criteria,
it needs to determine in qualitative quantitative manner (compared with
the standard in the case there isn't the quantitative data then classify
according to the degrees: Heavy, medium, light, unknown etc....
General assessment of
the environmental damages: The gain and loss of the socio-economic economy.
V.
Environmental Settlement Alternative
Dictate the technological
alternative and processed technology, cost requirement and the implementation.
VI.
Conclusion and Recommendation
-
Main conclusions
-
Recommendation on the alternatives
and measures for reducing the impact caused to the operating unit.
APPENDIX
II
APPRAISAL DECENTRALIZATION
OF EIA-REPORT
| |
Operating projects
and enterprises
|
MOSTE
|
OSTE
|
| 1 |
Mining |
Big
and medium mine |
Small |
| 2 |
Oil
exploring and refinery, oil chemicals and gas: Oil |
All
|
|
| 3 |
Chemical
plant |
All |
|
| 4 |
Steel
plant |
All |
|
| 5 |
Non-ferrous
metal plant |
All |
|
| 6 |
Leather
plant |
Over
1000 T/year |
|
| 7 |
Textile
plant |
Over
30 mil m/year |
Rest |
| 8 |
Plant
protection chemical plant |
All |
Rest |
| 9 |
Rubber
and paint plant |
All |
|
| 10 |
Plastic
plant |
Over
1000 T/year |
|
| 11 |
Radiation
plant |
All |
Rest |
| 12 |
Airport |
All |
|
| 13 |
Export
processing zone |
All |
|
| 14 |
Hydropower
dam water |
Over
100 mil m3/year |
|
| 15 |
reservoir |
Above
limitation |
Rest |
| 16 |
Irrigation
system |
Over
30 MW |
|
| 17 |
Thermal
and other kinds of power plants |
Over
500,000 T/year |
Rest |
| 18 |
Cement
plant |
Over
40,000 T/year |
Rest |
| 19 |
Paper
and paper pulp mill |
Central |
Rest |
| 20 |
Pharmaceutical
plant |
Over
100,000 T/year |
Rest |
| 21 |
Fertilizer
plant |
Over
1,000 T/year |
Rest |
| 22 |
Food
processing factory, Sugar plant |
Over
100,000 Tone year |
Rest |
| 23 |
Hospital |
Over
500 beds |
Rest |
| 24 |
Railway,
Motorway of grades 1,2,3 |
Over
50 kms |
Rest |
| 25 |
Power
transmission station |
Over
110 kV |
Rest |
| 26 |
Tourism
and entertainment |
Over
100 ha |
Rest |
| 27 |
resort |
Over
3000 m3 |
Rest |
| 28 |
Oil
and gasoline store |
All |
Rest |
| 29 |
Poisonous
chemicals store |
Over
2000 ha |
|
| 30 |
Plantation |
Over
3000 ha |
Rest |
| 31 |
Wood
exploiting farm |
Over
2,000 ha |
Rest |
| 32 |
Industrial
forestation farm |
Over
200ha |
Rest |
| 33 |
Aquaculture
farm |
Over
100,000 T |
Rest |
| 34 |
Port |
Over
500,000 m2/year |
Rest |
| 35 |
Ply-wood
factory |
Over
500 households |
Rest |
| 36 |
Migration
area |
Over
500 ha |
Rest |
| 37 |
Alluvial
plain |
Over
50,000 T/year |
Rest |
| 38 |
Engineering
factory, Telecommunication stations |
Radar
station and central broadcasting station |
Rest |
| 39 |
Freezing
plant |
Large
and medium scale |
Small |
| 40 |
Construction
materials factory |
Large
and medium scale |
Small |
| 41 |
Hotel
and business sector |
Large
and medium scale |
Small |
APPENDIX
III
LIST OF PRECIOUS
FOREST PLANTS AND ANIMALS
Group 1
A.
Forest plants
| |
Vietnamese
name |
Scientific
name |
Note |
| 1 |
Bách
xanh |
Calocedrut
macroiepis |
|
| 2 |
Thông
dò |
Taxus
chinensis |
|
| 3 |
Phi
ba mui |
Cephalotaxus
fotunei |
|
| 4 |
Thông
tre |
Podocarpus
neriifolius |
|
| 5 |
Thông
Pà cò |
Pinus
kwangtugensis |
|
| 6 |
Thông
Dà Lat |
Pinus
dalatensis |
|
| 7 |
Thông
nuróc |
Glyptostrobus
pensills |
|
| 8 |
Hinh
dá vôi |
Kalelceria
calcarea |
|
| 9 |
Sam
bông |
Amentotaxus
argotenia |
|
| 10 |
Sam
lanh |
Abies
nukiangesis |
|
| 11 |
Tràm
(gió bàu) |
Aquilarin
crassna |
|
| 12 |
Hoàng
dàn |
Copressus
torulosa |
|
| 13 |
Thông
hai lá det |
Ducampopinus
kreprii |
|
B.
Forest animals
| |
Vietnamese
name |
Scientific
name |
Note |
| 1 |
Te
giác I sìmg |
Rhinoceros
sondaicus |
|
| 2 |
Bò
tót |
Bos
gaurus |
|
| 3 |
Bò
xám |
Bos
sauveli |
|
| 4 |
Bò
rìmg |
Bos
bangteng |
|
| 5 |
Trâu
rìmg |
Bubaius
bubalis |
|
| 6 |
Voi |
Elephas
maximus |
|
| 7 |
Cà
tong |
Cervus
eldi |
|
| 8 |
Hurou
vàng |
Cervus
porcirus |
|
| 9 |
Hurou
sa |
Moschus
moschiferus |
|
| 10 |
Hó |
Panthera
tigris |
|
| 11 |
Báo
hoa mai |
Panthera
pardus |
|
| 12 |
Báo
gám |
Neofelis
nebuiosa |
|
| 13 |
Gáu
chó |
Helarctos
malayanus |
|
| 14 |
Vooc
xám |
Trachipithecus
phayrei |
|
| 15 |
Vooc
mui héch |
Rhinopithecus
avunculus |
|
| 16 |
Vooc
ngu sác |
|
|
| |
-Vooc
ngu sàc Trung Bô |
Pygathrix
nemacus |
|
| |
-Vooc
Nam Bô |
Pygathrix
nigripes |
|
| 17 |
Vooc
den |
|
|
| |
-Vooc
den má tráng |
Presbytis
francoisi francoisi |
|
| |
-Vooc
dâu tráng |
Presbytisfrancoisi
poliocephaius |
|
| |
-Vooc
mông tráng |
Presbytis
francoisi delacouri |
|
| |
-Vooc
Hà Tinh |
Presbytis
francoisi hatinensis |
|
| |
-Vooc
Hò Tinh |
Presbytis
francoisi ap |
|
| 18 |
Vuron
den |
|
|
| |
-Vuron
den |
Hylobated
concolor concolor |
|
| |
-Vuron
den má tráng |
Hylobated
concolor leucogensis |
|
| |
-Vuron
tay tráng |
Hylobated
lar |
|
| |
-Vuron
den má tráng |
Hylobated
concolor |
|
| |
Nam
Bô |
gabrienlae |
|
| 19 |
Chòn
muc |
Arctictis
binturong |
|
| 20 |
Cây
vàn |
Chrotogale
owstoni |
|
| 21 |
Cây
gám |
Prioriodon
pardicolor |
|
| 22 |
Chòn
doi |
Galeopithecus
temminski |
|
| 23 |
Cây
vàng |
Martes
flavigula |
|
| 24 |
Cu
li lùa |
Nycticebus
pigmaeus |
|
| 25 |
Sóc
bay |
|
|
| |
-Sóc
bay sao |
Peraurista
elegan |
|
| |
-Sóc
bay trâu |
Peraurista
lylei |
|
| 26 |
Sóc
bay |
|
|
| |
-Sóc
bay nhò |
Belemys |
|
| |
-Sóc
bay lông tai |
Belemys
pearscni |
|
| 27 |
Sói
Tây Nguyên |
Canis
aureus |
|
| 28 |
Công |
Pavo
muticus imperatir |
|
| 29 |
Gà
lôi |
|
|
| |
-Gà
lôi |
Lophura
diardi diardi |
|
| |
-Gà
lôi lam mào den |
Lophura
imperialis Delacori |
|
| |
-Gà
lôi lam mào tráng |
Lophura
diardi Bonopartic |
|
| 30 |
Gà tièn |
|
|
|
-Gà tièn |
Polyplectron bicalcaratum |
|
| |
-Gà
tièn mat dò |
Polyplectron
germaini |
|
| 31 |
Tri
sao |
Rhcinarctin
ocellata |
|
| 32 |
Séu
cò trui |
Grus
antinoge |
|
| 33 |
Cá
sáu nuóc lo |
Crocodylus
prosus |
|
| 34 |
Cá
sáu nuróc ngot |
Crocodylus
siamensis |
|
| 35 |
Hó
mang chúa |
Ophiogus
hannan |
|
| 36 |
Cá
cóc tam dào |
Paramcsotriton
deloustan |
|
Group II
II.
Forest plants
| |
Vietnamese
name |
Scientific
name |
Note |
| 1 |
Câm
lai |
Daibergia
oliverrii Gamble |
|
| |
-Câm
lai Bà Ria |
Daibergia
bariacnsis |
|
| |
-Câm
lai |
Daibergia
oliverrii Gamble |
|
| |
-Câm
lai Dông Nai |
Daibergia
dongnaiensis |
|
| 2 |
Gà
te (Gõ do) |
Afzelis
xylocarpa |
|
| 3 |
Gu |
|
|
| |
-Gu
mât |
Sindorn
cochinchinensis |
Gõ
mât |
| |
-Gu
lau |
Sindorn
tokinensis – A Chev |
Gõ
lau |
| 4 |
Giáng
hurong |
|
|
| |
-Giáng
hurong |
Pterocarpus
pedatus Pierre |
|
| |
-Giáng
hurong Cambôt |
Pterocarpus
cambodianus Pierre |
|
| |
-Giáng
hurong mat chim |
Pterocarpus
indicus Willd |
|
| 5 |
Lát |
|
|
| |
-Lát
hoa |
Chukrasia
tabularis Ajuss |
|
| |
-Lát
da dông |
Chukrasia
sp |
|
| |
-Lát
chun |
Chukrasia
sp |
|
| 6 |
Trac |
|
|
| |
-Trac |
Dalbergia
conchinchinesis |
|
| |
-Trac
dây |
Pierre |
|
| |
-Trac
Cambôt |
Dalbergia
ananmensis |
|
| 7 |
Po
mu |
Dalbergia
combodiana Pierre Fokienin hodginsii A. Henry at Thomas |
|
| 8 |
Mun |
|
|
| |
-Mun |
Diospyros
mun H.lee |
|
| |
-Mun
soc |
Diospyros
sp |
|
| 9 |
Dinh |
Markhamia
pierrei |
|
| 10 |
Sén
mât |
Madhuca
pasquieri |
|
| 11 |
Nghién |
Burretiodendron
hsicamu |
|
| 12 |
Lim
xanh |
Erythophlocum
fordii |
|
| 13 |
Kim
giao |
Padocarpus
fleuryi |
|
| 14 |
Ba
gac |
Rauwolfia
verticillata |
|
| 15 |
Ba
kích |
Morinda
officinalis |
|
| 16 |
Bách
hop |
Lilium
brownii |
|
| 17 |
Sâm
Ngoc Linh |
Panax
Vietnammensis |
|
| 18 |
Sa
nhãn |
Amomum
longgiligulare |
|
| 19 |
Thao
qua |
Amomum
tsoko |
|
APPENDIX
IV
EMISSION STANDARD
FOR ALL VEHICLE
EMISSION STANDARD
FOR NEW VEHICLE
-
Gasoline vehicle should
follow standard A
-
Diesel vehicle should follow
standard B. Limitation of emission is 15 Hartridge with free acceleration
when diesel engine runs at stable speed.
-
All kinds of cars and motorbikes
should observe regulations on emission as follows:
-
Hydrocarbon: less than
5.0 g/km
-
Monoxide Carbon: less than
12.0 g/km
Emission Standard
A and B
|
A
|
B
|
| Reference
weight (RW) |
CO
|
HC
|
NOx
|
CO
|
HC+ NOx
|
|
RW<750 |
65
|
6.0
|
8.5
|
|
|
| 750<RW<850 |
71
|
6.3
|
8.5
|
58
|
19
|
| 850<RW<1020 |
76
|
6.5
|
8.5
|
|
|
| 1020<RW<1250 |
87
|
7.1
|
10.2
|
67
|
20.5
|
| 1250<RW<1470 |
99
|
7.6
|
11.9
|
76
|
22
|
| 1470<RW<1700 |
110
|
8.1
|
12.3
|
84
|
23.5
|
| 1700<RW<1930 |
121
|
8.6
|
12.8
|
93
|
25
|
| 1930<RW<2150 |
132
|
9.1
|
13.2
|
101
|
26.5
|
| 2150<RW |
143
|
9.6
|
13.6
|
110
|
28
|
In this table:
-
Reference weight:
Reference weight of empty vehicle – 100kg
-
CO: Carbon monoxide
-
HC: Hydrocarbon
-
NOx: Oxide Nitrogen
All is value in g 1 in
test Note:
Standards A and B are
determined in accordance with the standards given by the UN Economic Commission
for European Standard (Emission standard 15.03 and 15.04).
List of precious forest
plant and animals (Issued with Decree No.18/HDBT dated January 17, 1992
of the Council of Ministers).
APPENDIX
V.1
PERMITTED VIBRATION
Acceleration of vibration
of the whole body should not exceed:
| Category |
Permitted acceleration
|
Permitted line
acceleration (m/s2)
|
| |
Vertical vibration
|
Horizontal vibration
|
|
| Category
I |
0.540
|
0.380
|
-----
|
| Category
II |
0.270
|
0.190
|
-----
|
| Category
III |
0.081
|
0.057
|
0.066
|
| Category
IV |
0.054
|
0.038
|
0.045
|
Note:
-
Category I: Vibration
affects driver's seat in vehicles that often operate in bad road for example:
lorry, agricultural tractor, construction machine...
-
Category II: Vibration
affects driver's seat differently from Category I
-
Category III: Vibration
in industrial workshop, in surrounding areas, 15 meters from the main traffic
ways.
-
Category IV: Vibration
in areas different from areas in Category III.
APPENDIX
V.2
VIBRATION IN
EACH OCTA
| |
Permitted acceleration
(m/s2)
|
Permitted speed
(m/s2)
|
|
Octa (Hz)
|
Horizontal
Vibration
|
Vertical
Vibration
|
Vertical
Vibration
|
Horizontal
Vibration
|
|
1(0.7 - 1.4)
|
1.10
|
0.39
|
20.10(-2)
|
6.3.10(-2)
|
|
2(1.4 - 2.8)
|
0.79
|
0.42
|
7.1.10(-2)
|
3.6.10(-2)
|
|
4(2.8 - 5.6)
|
0.60
|
1.62
|
1.3.10(-2)
|
3.2.10(-2)
|
|
8(5.6 - 11.2)
|
1.14
|
3.20
|
1.1.10(-2)
|
3.2.10(-2)
|
|
16(11.2 - 22.4)
|
2.26
|
6.38
|
1.1.10(-2)
|
3.2.10(-2)
|
|
31.5(22.4 - 45)
|
4.49
|
12.76
|
1.1.10(-2)
|
3.2.10(-2)
|
|
63(45 - 90)
|
|
|
|
|
APPENDIX
V.3
NOISE STANDARD
FOR VEHICLE
| Kind
of Vehicle |
Permitted noise
|
| |
New vehicle
|
Old vehicle
|
| 2-wheel
vehicle, engine under 125 cc |
79(d BA)
|
92
|
| 2-wheel
vehicle, engine over 125 cc and 3-wheel motor vehicle |
83
|
92
|
| Tourist
car under 12 seats |
83
|
92
|
| Light-lorry |
84
|
92
|
| Lorry
and bus under 10,000 cc |
87
|
92
|
| Lorry
and bus over 10,000 cc |
89
|
92
|
APPENDIX
V.4
NOISE STANDARD
IN AREAS (UNIT DBA)
| Areas |
6 a.m. to 6
p.m.
|
6 p.m. to 10
p.m.
|
10 p.m. to 6
a.m.
|
| Category
I |
55
|
50
|
45
|
| Category
II |
65
|
60
|
50
|
| Category
III |
70
|
65
|
55
|
| Category
IV |
75
|
70
|
60
|
| Category
V |
80
|
75
|
65
|
Note:
-
Category I: Areas
that need quietness such as hospitals, kindergartens, schools, libraries,
research institutes.
-
Category II: Residential
areas, hotels, offices
-
Category III: Business
areas, surrounding areas 15 meters from the main traffic roads, markets,
stations and bus stop.
-
Category IV: Handicraft
and light industry manufacturing area
-
Category V: Heavy
industry manufacturing area case noise (background noise) in the area when
the vehicle does not operate, higher than the standard mentioned in the
table above, the vehicle should not make the noise increase more than 5
DBA from the original noise level.
Top of Page
Acknowledgement: Main text from pp. 7-16 of Official Gazette
No. 1 (15-1-1995); appendices from unspecified 1995 Hanoi publication.
Disclaimer: APCEL has tried to ensure
the accuracy, reliability and completeness of the information in this database;
however, APCEL does not guarantee the accuracy, reliability or completeness
of this information. If you encounter an error, please notify us by e-mail
at lawapcel@nus.edu.sg.
|
|
|