DECREE

Detailed rules enforce some of the conditions of the Environmental Protection Law

________________

Government Law Base December 25, 2001;

The Environmental Protection Law Base June 23, 2014;

At the suggestion of the Minister of Natural Resources and Environment,

The government issued a decree regulating the implementation of certain provisions of the Environmental Protection Act.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree specifies the details: the provisions of Article 38; Clause 5 Articles 61; Clause 3 Articles 68; Clause 7 Articles 70; Clause 3 Articles 75; Clause 5 Articles 104; Clause 2 Articles 146; Clause 2 Article 167 of the Environmental Protection Act, including:

1. Corrects, environmental recovery and renovation, environmental recovery for mineral mining operations.

2. Land pollution control.

3. The village environment protection.

4. Environmental Protection for imported, marine-used shipping.

5. Validation of the environmental management system; insurance liability insurance damages; treatment of serious environmental pollutants.

6. preferable, support for environmental protection.

7. The residential community is engaged in environmental protection.

What? 2. Subject applies

This decree applies to the agency, organization, household, and individuals who operate on the territory of the Socialist Republic of Vietnam, including the mainland, the islands, the waters and the sky.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Corrects, environmental recovery is environmental activity, ecosystem in the environment area affected by the proximity to the original environmental state or achieving standards, safety standards, environment, catering purposes for the child. A man

2. Signs of the renovation, environmental recovery is the organization, the individual sending a deposit into the Vietnam Environmental Protection Fund or the local environmental protection fund (called the environmental protection fund) to ensure the responsibility of renovation, restoration of the organization ' s environment. It ' s personal to the mining operation.

3. The method of renovation, environmental restoration is the solution to renovation, environmental restoration in mineral mining activity being approved by the state governing body.

4. Waste disposal is the process of using technological solutions, techniques (other with the scheme) to reduce, remove, isolate, insulate, burn, destroy, bury waste and harmful factors in waste.

5. Waste disposal facilities include: hazardous waste disposal facility, active solid waste disposal facility, and conventional waste disposal facility.

6. Infrastructure protection techniques are encouraged to develop including drainage, collection, and wastewater treatment focused; systems of points and means of collection, collection, transport of common solid waste, hazardous waste; the green trees in the public areas.

7. Environmental-friendly technology is the technology that in the process of operation, which uses less harm to the environment than the same technology.

8. The environmentally friendly facility is the basis of meeting criteria for energy efficiency, water savings, mitigation, reuse and recycling of waste.

9. The eco-friendly product is the product that meets eco-label criteria and is certified eco-label.

10. The residential community is the community community on the same village, hamlet, hamlets, maps, merchants, phums, squirts, neighborhoods and settlements.

Chapter II

RENOVATION, ENVIRONMENTAL RECOVERY AND RENOVATION,

ENVIRONMENTAL RECOVERY FOR MINING OPERATIONS

MINERALS

What? 4. General regulation of reclamation, environmental recovery for mineral mining activity in the region

1. Every organization, the mineral exploitation individual must have an improved methodology, environmental recovery, and a reclamation fund reinforces the state regulatory agency that has the authority to approve.

2. The method of renovation, environmental recovery must be consistent with the economic-social development planning, mineral extraction planning, land use planning, and local environmental protection.

3. The renovation, environmental recovery must be carried out in the course of the mineral extraction process.

4. The state encourages and facilitalized organizations, individuals to exploit the mineral continue to lease land, enjoy preferable policies in the event of renovation, restoration of the environment into a tourist zone, eco-area, recreation area, serving purpose. It ' s beneficial for humans.

What? 5. Subject to the renovation of the renovation, environmental recovery and renovation, restoration of the additional environment.

1. The subjects must create an improved variation, environmental restoration (called off method) including:

a) The organization, the individual who set up the record for issuing a license to the mining of minerals;

b) The organization, the individual who is exploiting the mineral but has yet to have an approved or unsigned method of funding, restored the environment;

c) The organization, individuals who exploit the mineral have been approved but did not implement the project in the 24-month period from the time of approval, resetting the project.

2. The subjects must create an improved method, recovery of the additional environment (called an additional method) including:

a) The organization, the individual already has a license for mining minerals and methods approved but changes in area, depth, mining capacity;

b) The organization, the individual recommends changing the reclamation content, restoring the environment to the approved method.

3. The following cases do not have to form a method:

a) Organization, individuals mining minerals as conventional construction materials in the boundary area of the project-building investment project are authorized by the state agency to approve or allow the investment that the mining products use only for construction. The process.

b) The household, the individual mining the mineral as a common building material in the land area of the household use of the household, the individual to build works in that area.

What? 6. The timing of the set, the appraisal, the methodology and the additional method

1. The set time, the method appraisal and the additional method are prescribed as follows:

a) Organization, individuals with a project to invest in a mineral-mining investment in Point A 1 Article 5 must be established, the agency has a jurisdiction, approx.

b) The organization, the individual stipulated at the B Point 1 Article 1 Article 5 in addition to being executed by the execution of an established administrative breach, the agency has the authority to question, approve the previous method dated December 31, 2016;

c) The organization, the individual stipulated at paragraph 2 Article 5 must be established, the agency has the authority to question, approve the additional method before applying for new mineral exploitation or changes to the solution of renovation, environmental restoration.

2. Variation includes the following main content:

a) Specialized mining characteristics, natural environmental, economic, social, and ecosystems affected in the course of mineral extraction;

b) The solutions of renovation, environmental recovery; analysis, evaluation, best solution choice for renovation, environmental recovery; and more.

c) Category, volume of reclamation categories, environmental recovery for selection solutions;

d) Plan implementation; division of implementation plans by year, each phase of renovation, environmental restoration; program management, monitoring during renovation, environmental recovery; inspection plan, validation of completion of the method;

) Funding funds to conduct renovation, environmental recovery for each category of renovation, environmental recovery of selected methods; fund deposits on course.

3. The additional variation includes the following main content:

a) The mineral exploitation feature, the natural, economic, economic, social environment of the area that implement the project at the time of the additional variation;

b) The changes in the content of renovation, environmental recovery compared to the approved method; analysis, evaluation, best solution choice for renovation, additional environment recovery;

c) Category, volume of reclamation categories, additional environment recovery;

d) Plan implementation; division of implementation plans by year, each phase of renovation, environmental restoration; program management, monitoring during renovation, environmental recovery; inspection plan, completion of additional variation;

) Funding funding to conduct renovation, environmental recovery in each category of renovation, recovery of the additional environment, does not include the items that have made it.

What? 7. The organization of the appraisal, approval of the methodology, additional method

1. The jurisdiction of the appraisal, approval of the method, the specified additional method is as follows:

a) The Ministry of Natural Resources and Environment for appraisal, approval of the methodology, additional methodology for mineral mining projects under the jurisdiction of the Ministry of Natural Resources and Environmental Protection of mineral mining;

b) The provincial committee of the provinces, the central city (called the Provincial People's Committee) to organize the appraisal, approval of the methodology, additional methodology for mineral mining projects under the jurisdiction of the Provincial People's Committee of the Provincial Committee. Mining minerals.

2. The appraisal of the method or additional method is made through the appraisal council. The council component is composed of representatives of state governing bodies on environmental, geological, and mineral protection, experts involved in the field of the methodology, including: Chairman of the council, which is the necessary case of adding a vice president. the council; a clerk; two commissioners of the protest and the commissioners. For the jurisdiction of the jurisdiction, approval of the Ministry of Natural Resources and Environment, the council component must have the representative of the Provincial People's Committee where the implementation of the project is implemented.

3. The funding of the methodology appraisal or the additional method due to the organization, the individual mining the mineral is responsible for the provisions of the law.

What? 8. Sign up for renovation, environmental recovery for mineral mining operations.

1. The amount of money signed by the total funding of the process of renovation work, environmental recovery. The cost of performing each work category, restoration of the environment, must apply to the local price, the local order at the time of the application of the additional variation or method. The local case does not have the rating, the price is applied in accordance with the rating, the ministry ' s application, the corresponding sector. In the case of the ministry, the non-moneymaking industry applies to market prices.

2. Organization, individuals who exploit the mineral must perform yearly or according to the period of the rate of slipping.

3. Organization, individuals who exploit the mineral must perform a fund at the local environmental protection fund or the Vietnam Environmental Protection Foundation. The money deposit is filed, reimbursable by the Vietnamese currency.

4. The fund deposit is entitled to the interest rate by the fund ' s environmental protection fund where the fund signs and is charged from the time of the signing of the fund. The organization, the individual is only retracted from interest only once after a certificate of complete completion of the whole method or method.

5. The refund of the fund deposit on the basis of the organization, the individual has completed each part or the entire process of renovation, restoration of the environment according to the approved method or method.

6. Cases, organizations, individual mining individuals who have signed the fund but dissolved or bankrupt and have not yet performed the renovation, environmental recovery in accordance with approved additional methods or methods, the authorities have the authority to approve the method or method. The additional charge is responsible for using the money that has signed funds including interest to implement the renovation, restoration of the environment.

What? 9. Confirification of the completion of the method, additional method

1. Organization, individual after having completed each section or entire content of the renovation, restoration of the environment according to the approved method or method, then set the record to complete the method or the additional method recommended the authority to examine, Confirm completion.

2. The Agency with the authority to examine, confirm the completion of the method or additional method is the body approx of the methodology or additional method.

3. The examination, the completion of the complete completion of the entire variation of the project or the additional method performed in the course of the results of the results execution of the project closed the mine. The decision content to close the mineral bill includes the validation content completing the entire methodology or additional method. The decision to close the mineral bill replaces the validation paper that completes the whole method or additional method.

What? 10. Responsible for regulatory agencies and other units

1. The responsibility of the Ministry of Natural Resources and Environment:

a) Build and enact guidelines on sequencing, procedure, appraisal, approval, inspection, validation of the completion of the method, additional method, and renovation of the renovation, environmental recovery of mineral mining operations;

b) The unified state management of the renovation, environmental restoration and renovation of the foundation, restoration of the environment for mineral mining operations;

c) appraisal, approval and examination, validation of the completion of the method, the additional method of authority;

d) Build and enact technical guidance on environmental protection, renovation, environmental recovery in mineral mining operations; and in the field.

) periodically testing, inspects environmental protection, reclamation, environmental recovery of organizations, individuals mining the mineral, reports the Prime Minister the result.

2. The responsibility of the ministries, the peer agency, the government agency (called the Ministry, the industry):

a) In coordination with the Ministry of Natural Resources and Construction Environment, enacted or granted authoritalized authorship issued documents related to renovation, environmental recovery and renovation, environmental recovery for mineral mining operations;

b) Coordinated with the Ministry of Natural Resources and Environment and agencies, the organization involved implementing the implementation of the regulations on renovation, environmental recovery, and the signing of the reclamation fund, environmental restoration to the operating mineral exploitation activity at this Decree;

c) The Ministry of Finance chaired, in coordination with the Ministry of Natural Resources and the Environment to guide management and use of the renovation fund, environmental restoration at environmental protection funds.

3. The responsibility of the Provincial People ' s Commission:

a) appraisal, approval and examination, validation of the completion of the method, the additional method of authority;

b) Test, inspection, facilitalization, environmental recovery and renovation, environmental restoration of institutions, individual mining of mineral deposits;

c) The Ministry of Natural Resources and Environmental Resources results in the implementation of the renovation, environmental recovery, and renovation of the environment, the environmental restoration; the management situation, the use of pre-deposit funds before December 31 each year.

4. Environmental Protection Fund:

a) To receive and confirm in writing about the signing of the foundation of the institutions, the individual mining the mineral;

b) reimbursable funds and interest rate funds for organizations, individuals according to the regulation;

c) Management, using a fund deposit in accordance with the rules of the law. Every year, reports the Provincial People ' s Commission, the Ministry of Natural Resources and Environment and the Ministry of Finance on the management situation, using the fund money;

d) The foreman organizations, individuals who exploit the mineral, implement an improvement fund, restore the environment on time; the grant has jurisdiction over the decision to be punished for the delay of the fund.

5. The responsibility of the organizations, the individual mining the mineral

a) Set up, the grant has the authority to specify, approve of the additional method or method; notice of the additional method or methodology approved for the People ' s Committee, the National Front Committee Committee where the mineral exploitation operation is available for testing. Look, look, look.

b) Perform the renovation, environmental recovery and renovation of the renovation, restoration of the environment in accordance with regulation;

c) Set, the authorities have the authority to recommend the examination, confirm the completion of each part or the entire method or method;

d) Napped the appraisal, examination, confirmation of completing the method or additional method by the rule of law;

) Report on the implementation of the renovation, environmental recovery and renovation, environmental rehabilitation of the regulatory agency or the additional methodology and regulatory agency on local environmental protection before December 15.

Chapter III

SOIL POLLUTION CONTROL

What? 11. Identitiate, statistical, assessment and control of factors at risk of soil environmental pollution.

1. The factors that risk polluing the soil environment must be identified, statistics, evaluation, and control are the contaminants that arise from:

a) Natural processes: Climate change, flooding, mangrove penetration, abertification, deposition of pollutants from atmospheric circulation, natural disasters, natural weave;

b) People's activities: Active as a proactive or non-subjective chemical, waste from agricultural production, industry, business, services, people; exploitation, mineral processing; recycling, waste disposal; storage, chemical retention, waste, and other products. Plant protection, antiwar poison.

2. The control of the factors at risk of polluing the soil environment must be done as follows:

a) Apply the prevention measures, limiting the effects to the environment from the source of the birth;

b) regularly monitoring, monitoring;

c) isolated and processed times when there are signs of environmental pollution.

3. The Ministry of Natural Resources and Environment, in collaboration with ministries, industries, localers, aggregation, the Prime Minister of the Government to issue Category of sources, production facilities, business, the service of developing elements that pollate the soil environment needed to control. Strict, statistical guidance, evaluation, identification, and prevention, control over factors that are at risk of soil pollution.

What? 12. Land environmental pollution control at manufacturing facilities, business, services, and services.

1. The manufacturing facility, the service business must take the monitoring measures, closely monitor the segments, the factor that develops a risk of polluing the soil environment; detection in time, isolate and handling factors that are at risk of environmental pollution. Soil when there is signs of pollution; construction and implementation of a prevarable plan, the application of environmental incidents under the rule of law.

2. The following facilities must implement periodic land environmental quality observations, report results to the environmental regulatory authority under the regulation of the Ministry of Natural Resources and Environment:

a) Waste Processing Facility;

b) The basis of mineral extraction;

c) The chemical production facility and the manufacturing facilities, business, services have a toxic chemical use of the Emissions Observations by the Ministry of Natural Resources and Environment in accordance with Article 2 of Article 121 Environmental Protection Laws.

3. When transferring the right to land, the recipient of the right to use the land has the right to ask for the transfer of the land to provide information about the quality of the land environment in the area that does the transfer of land use.

4. The facilities are regulated at Section 2 This, when the purpose of converting the land to the ground, the commercial land must perform the assessment of the quality of the land environment; the publication of information between the objects using the soil. Soil environmental quality must be approved by the authority of the authority to report environmental impact assessment or agency authorities confirming a plan to protect the environment that is consistent with the purpose of use as land in commercial land. In the case of the land quality in the area that is converted to use is not suitable for use as land, commercial land, who is using land and who will use land for land purposes, the commercial land must have an environmental treatment. The land is suitable for use.

What? 13. Ground pollution control over the area contaminated with toxic chemicals used in the war, chemical protection of plants and other hazardous substances.

1. The contaminated land areas of the state ' s handling responsibility include:

a) The soil pollution area due to the toxic chemicals used in the war;

b) The soil pollution area due to the chemical protection of plants;

c) The area of the soil pollution area but does not identify the contaminable object.

2. The control of the soil environmental pollution of the state ' s handling responsibility must perform as follows:

a) Statistics, preliminary investigation of contaminated areas; preliminary risk assessment;

b) detailed investigation, determination of scope, level of pollution and assessment of pollution risk;

c) Building the model and the solutions that process pollution, renovate and restore the environment;

d) Khoa region, isolation, processing, reclamation and environmental recovery under approved solutions;

Observation, post-processing, renovation and environmental recovery.

3. The Provincial People's Committee sets up the treatment, renovate, and environmental rehabilitation of the object prescribed at this 1 Article, the Department of Natural Resources and Environment, approv.

In case of organization, individuals with the need to handle, renovate and recover the land environment for use for other purposes then have to create a treatment, renovation and environmental rehabilitation of the provincial, approved and auditorial People ' s Commission environment, confirming the completion of the project. It ' s an improvement, the restoration of the environment before the use of the soil.

4. The premises of the specified Category at paragraph 3 Article 11 of this decree that are not subject to the specified subject at Clause 1 This must be responsible for the organization of the investigation, evaluation, partition, and processing, recovery when the soil environment pollution occurs.

5. Quality of soil environment in areas contaminated with toxic chemicals used during the war, the chemical protection of plants and other hazardous substances must be publicly available to organizations, individuals involved.

What? 14. The responsibility for controlling the soil environmental pollution of the agencies

1. Ministry of Natural Resources and Environment:

a) Building regulation, guidelines evaluating the accessibility of the land environment under the purpose of use;

b) The direction of identification, statistics, evaluation, partition, and control of the factors is at risk of soil environmental contamination; provides information on soil environmental quality; validation of land quality of land-conversion areas that use land to the ground. The land of commerce stipulated in paragraph 4 Article 12 of this decree;

c) Building, update the national information system on soil pollution areas and control of soil environmental pollution;

d) The synthesis and publication of the soil environmental quality and the factors at risk of polluing the soil environment on the nationwide range;

The method of conducting information published information about the quality of the soil environment.

2. The Ministry of Defense, the Ministry of Public Security, in coordination with the Provincial People ' s Provincial Committee to organize the investigation, statistics information on the quality of land on defense, security and sending results reports on the Ministry of Natural Resources and Environment to synthesize; the organization. They ' re dealing with the areas of the contaminated land.

3. Provincial People ' s Committee:

a) The organization of investigation, evaluation and public information about the factors at risk of polluing the soil environment on the site; observing the quality of the land in public areas;

b) The published information on soil environmental quality (maps, soil quality assessment report, soil degradation, soil pollution) according to the regulation of the land law; update information on soil pollution control over the site into the information system. the country for control of soil pollution pollution;

c) Board of warnings for areas where land quality is not suitable for use; tracking, monitoring of the establishment, implementation of the execution plan, renovation, restoration of the land environment to fit the purpose of use of land use or human rights. It is a matter of contamination under the Decree of Section 3 Article 11 of this decree;

d) The organization carried out the treatment of areas of polluted land on the site.

Chapter IV

PROTECTING VILLAGE ENVIRONMENT

What? 15. General regulation of occupational environment protection

1. The occupational environment protection method includes content, ways, self-conducting activities that protect the environment of the vocational village; the status quo of production, the livelihood of the vocational village; the types and amounts of waste that arise; the organization of activities. Environment protection in general, mitigations, collection, waste disposal of the village; the resource deployment of environmental activities; the organization's responsibility, the individual involved.

2. The environmental protection engineering department of occupiers with no less than 20% of the manufacturing base of the profession being encouraged to develop (known as the encouraged vocational village) is invested from the state budget, the National People ' s Provincial Committee said. The local budget for the investment of infrastructure protection for the village is encouraged to develop, mobiling investment resources to protect the environment in the environment.

3. The manufacturing facility in the profession is encouraged to develop in the village of occupation as the facilities of the Prescribed Categories at Appendix I This Protocol. According to each period, the Ministry of Natural Resources and Environment, in coordination with the Ministry of Ministers, Industry and Industry, presented the Prime Minister to the amendment, adding the Appendix I This decree was consistent with the practice.

4. The Ministry of Agriculture and Rural Development issued or granted authority to issue mechanisms, preferable policies, support for the institution of the vocational sector encouraged to develop, the vocational village is encouraged to develop; in coordination with the Ministry of Natural Resources and Finance. The environment regulates the criteria for environmental protection in the recognition of the vocational village.

What? 16. The environmental protection responsibility of the manufacturing facility in the vocational village

1. Implemonation of environmental protection measures in an environmental impact assessment report, environmental protection statement, environmental protection project, simple environmental protection, or environmental protection measures.

Where the manufacturing facilities are encouraged to grow in the unreported village of the environment, environmental protection, environmental protection, environmental protection, and environmental protection. the environmental protection measures, the operational description of the facility, the types of waste that arise, mitigations, dust control, heat, noise, vibration, collection, and disposal of wastewater, ground emissions; classification, storage, self-handling, or transfer of convection. with solid waste, sending the local environmental management body to carry out the test, tracking.

2. Full contribution of the kind of environmental protection and financial obligations under the rule of law for the environmental protection of the vocational village.

3. Production facilities, business, services in the non-subject village of employment Regulation 3 Article 15 This Decree must comply with regulation at paragraph 3 Article 70 Environmental Protection Law and environmental protection regulations on the basis of production, business, and business. Business, service.

What? 17. The responsibility of the Social People ' s Commission

1. Set up, the District People ' s Committee approx the project to protect the village of the profession on the site to organize.

2. London ' s construction of the environmental protection content in the aroma, convention of the vocational village.

3. The head of staff with knowledge of the law, environmental management monitoring the implementation of the occupational environment protection work; the organization's active guide to the protection of the occupational environment.

4. priorititiate environmental career funding and other funding sources for environmental management, investment, repair, and renovation of environmental protection engineering facilities at vocational villages that are encouraged to develop on the site.

5. Management, operation and maintenance, maintenance in accordance with protocol, taking on projects, engineering infrastructure protection of the occupational environment.

6. Often guide, check out the implementation and process of the violation of the environmental protection of the facilities on the site.

7. Proclamation, disseminitation of information, raising awareness to people in terms of environmental protection; guidelines for the resulting infrastructure, recycling, reuse and disposal at the disposal of waste.

8. The publication of information on environmental status, the protection of the village environment on local media, through unions, local political-social organizations and in the People 's Committee meetings, the People' s Council, and the People ' s Assembly. All right,

9. Report of the District People's Committee on Environmental Protection, the situation that arise and dispose of the waste of the occupational village on the site periodically a year before October 30 every year or the request.

What? 18. The responsibility of the District People ' s Commission

1. An investigation, statistics, a list of apprentips, the vocational village is encouraged to develop, the manufacturing base of the profession is encouraged to develop at the village of the profession; directing the district-level business registry review review of Paper recall. Business registration for manufacturing facilities in a non-occupational village is encouraged to develop serious environmental pollution, not to secure distance from residential areas.

2. London governors, approx, instructs the Social People ' s Committee to implement and examine the implementation of the occupational environment protection method.

3. The direction of construction and inspection, which monitors the implementation of the environmental protection content in the aroma, convention of the vocational village.

4. Runder, which proposes the planning of centralized industrial clusters or foster layout, the production district outside the residential area meets the environmental protection regulations for planning, organizing the relocation of non-industry production facilities. It ' s been encouraged to develop environmental pollution out of the neighborhood.

5. Priority allocation of environmental career funding for environmental management, funding from other sources to invest, build, upgrade, renovate environmental protection engineering infrastructure work for encouraged vocational villages.

6. Guide, check, inspect and dispose of the environmental protection of the environmental protection of the manufacturing facilities on the site.

7. Proclamation, dissemation of laws of environmental protection; organizations that encourage manufacturing facilities, businesses, services to apply cleaner manufacturing solutions, environmental friendly technologies, collection and recycling of waste.

8. published information on the status quo, the protection of the village environment on local media and in the People's Committee meetings, the District People's Council.

9. General, report to the Provincial People ' s Commission on Environmental Protection, the situation that arise and dispose of the waste of the occupational village on the site periodically once before November 30 every year or suddenly at the request.

What? 19. The responsibility of the Provincial People ' s Commission

1. Overall, the publication of a vocational village list, the vocational village is encouraged to develop, the manufacturing facilities of the profession are encouraged to develop; village development plans, job conversion plans, or relocation out of residential areas to the facility. Manufacturing is not part of the business that is encouraged to develop environmental pollution on the site.

2. allocate funding from the local budget for the protection of the occupational environment. The priority allocation of environmental and other funding for environmental management and investment construction work on environmental protection, renovation, upgrading of environmental protection engineering to vocational villages is encouraged by the development of the environment. All right.

3. Building, enacted or agency that has the authority to enact and organize the implementation of the mechanism, preferable policy, support for the manufacturing facilities of the profession being encouraged to develop; mechanisms, policies that support the basis of environmental pollutants must be established. It ' s moving out of the residential area or the transformation of the manufacturing sector.

4. Secure the conditions of environmental protection in the recognition of the vocational village.

5. Assessment of the level of occupational pollution, construction of the occupational pollution treatment plan, including:

a) Statistics the amount of sewage, emissions, conventional solid waste, hazardous solid waste that arise from facilities in the vocational village;

b) Assessment of the level of water pollution, groundwater, soil and air around;

c) Set up and implement a tool for the pollution of the village environment.

6. Directed by planning, approval and investment funding infrastructure infrastructure protection for vocational villages is encouraged to develop; industrial zone planning, centralized industrial cluster or livestock sector, production area outside of the country, and the development of the industry. The population meets environmental protection regulations to relocate environmental pollutants out of residential areas.

7. Managing the collection, transport, recycling and disposal of rural waste, waste that arise from the operation of the facilities in the vocational village.

8. Guidation, inspection, inspection, processing of the violation of the law on the environmental protection of the manufacturing facilities on the site.

9. Annuits information on environmental status, the protection of the village environment on local media and in the People's Committee meetings, Provincial People's Council.

10. The Ministry of Natural Resources and Environment Report on Environmental Protection, the situation develops and processes the waste of the village on the site once a year before December 30 every year or the request.

What? 20. The responsibility of the Ministry of Natural Resources and Environment

1. The board or agency has the authority to issue regulatory regulation on environmental protection against the vocational village; the National Technical Regulation of the Environment for Manufacturing facilities is encouraged to develop; in coordination with the Ministry of Finance, the Ministry of Finance. issued or authoritated authorship issued a mechanism, preferable policy, environmental protection support for the manufacturing base of the profession which is encouraged to develop, the vocational village is encouraged to develop.

2. Management, update on information, data on the protection of the occupational environment on the nationwide range; publish the portfolio of environmental pollution and serious environmental pollution villages; guide, check out the implementation of environmental protection regulations and environmental protection of the environment. A vocational school.

3. Waste disposal guidelines arise from the activity of the vocational manufacturing facilities that are encouraged to develop at the vocational village.

4. Content Guide, construction and approval of the occupational environment protection methodology; reporting on environmental protection measures by industry facilities encouraged to develop in the vocational village.

5. Guide and organization of training, fostering, training, disseminalization of experience, providing information on environmental legislation, environmental protection solutions, manufacturing in a friendly direction with the environment, exhibition organization, fairs, promotion of body products, and more. Environs, environmental technology for institutions that are encouraged to grow in the village.

What? 21. The policy of encouraging village development, the manufacturing base of the profession is encouraged to grow.

1. Being priorititiated by budget allocation, investment builds infrastructure on environmental protection under the regulation of relevant legislation; introduction, promotion of products in commercial activities, tourism; training, disseminant knowledge of environmental protection to environmental and environmental protection. The community community, the self-governing organization of environmental protection and the management of the social environment.

2. Be priorititiated during the review process and the preferable capital lending of environmental credit organizations, the Vietnam Environmental Protection Foundation, the industry environmental protection fund, and the local environmental protection fund for subjects with environmental protection projects in the United States. under the regulation of the environmental organization's environmental organization.

3. Being priorititiated in the review process, the choice of implementing the incentive program, the promotion of farmers, the national target program on new rural construction; is prioritiled in the reception, deploying waste disposal models from international projects, the company said. tasks, topics, projects from the state budget.

Chapter V.

ENVIRONMENTAL PROTECTION FOR IMPORT ACTIVITY, SHIPPING DEMOLITION HAS PASSED USING THE SEA.

What? 22. The environmental protection requirement for marine vessel demolition facility has passed through its use.

1. The project to build a shipping demolition facility must have an environmental impact assessment report by the Ministry of Natural Resources and Environment.

2. The Marine Demolition Operation Facility must apply the standard of the environmental management system according to the national standard TCVN ISO 14001.

3. On the demolition of each ship, the ship demolition facility has to plan to protect the environment in the demolition of the Ministry of Natural Resources and the Environmental Protection Agency. The environmental protection plan in the ship demolition operation includes the following main content:

a) The prevention method, the application, rectify the environmental incident in the process of breaking the ship;

b) Plans to collect, save, transport and dispose of ordinary waste, hazardous waste in the process of ship destruction;

c) The sewage and exhaust treatment measures arise from the process of dismantling the marine vessel ensuring compliance with the national technical standards of the relevant environment.

The Ministry of Natural Resources and the Environment for the Procedularable Procedures, records and evaluation organizations, approve of the environmental protection plan in the use of used marine ships.

4. Process of evaluation, validation of the environmental protection plan in the operation of the used seaship demolition:

a) The ship's marine demolition facility sends plans to protect the environment in the operation of the destruction of the vessel to the Directorate of the Environment before the end of the 60-day demolition of the prescribed text at Annex IV of this decree;

b) In the 20-day period, the Environmental Directorate is responsible for organizing evaluation, confirming the plan to protect the environment in the operation of the used seaship;

c) The case of environmental protection planning in the operation of shipping demolition has been used to meet the requirements for environmental protection under the rule of law, for a 10-day period, the Environment Directorate decided to approve the environmental protection plan in the country. The operation of the ship has been used. The approved decision template is specified at Appendix V This decree;

d) The case of the environmental protection plan in the operation of the vessel through use did not meet the requirements for environmental protection under the rule of law, for a period of 5 days, the Directorate General of the Environment announced in writing and stated the reason for the basis of the operation. Yeah.

5. The basis of facilities, engineering, technology, and people on environmental protection for the marine ship demolition facility: The World.

a) There is dry dry dry dock or beach-based beach equipment and equipment on the right shore, ensuring the conditions of environmental protection for the direct site of the ship's demolition.

b) There is technology, demolition equipment, impustal processing, and in accordance with the regulation of the waste management law;

c) There are equipment, the technical measure of pollution control and environmental protection at the site of the destruction of the sea ship;

d) There is a cadet that is granted a career training certificate of environmental protection under the provisions of the Ministry of Natural Resources and Environment.

What? 23. Request for environmental protection for imported sea vessels for demolition.

1. The importation of the sea ship to unload the implementation of imported procedures under the existing provisions must be presented with a proper certification of the national technical standard for the environment with imported vessels for demolition due to the organization certification.

2. The Ministry of Natural Resources and Environment specifies appropriate certification by the law of standards law, technical regulation; guidelines on the sequence, procedures assessment of environmental protection against imported marine ships for demolition.

What? 24. The responsibility of the ministries, the agency, the Provincial People ' s Commission for import operations, the demolition of the vessels through use.

1. The Ministry of Natural Resources and Environment has the responsibility of presiding over the implementation of the implementation of the environmental protection regulations on imported activities, the demolition of the used vessel.

2. Ministry of Transport in coordination with the Ministry of Natural Resources and Environment in the organization, implementing environmental protection regulations on imported activities, demolition of ships used.

3. The ministries, which are involved in the scope of the jurisdiction in coordination with the Ministry of Natural Resources and the Environment deployed environmental protection regulations on imported activities, dismantled the used vessel.

4. Within its jurisdiction, the People 's Committee of the Provincial People' s Provincial Committee examines the implementation of the law enforcement of the environmental protection in the operation of the shipping demolition facilities under the regulation at this decree and other laws that are associated with it. Yeah.

Chapter VI

VALIDATION OF THE ENVIRONMENTAL MANAGEMENT SYSTEM; INSURANCE LIABILITY INSURANCE DAMAGES; TREATMENT OF SERIOUS ENVIRONMENTAL POLLUTANTS

Item 1

CONFIRM ENVIRONMENT MANAGEMENT SYSTEM

What? 25. The Subject must perform an environmental management system confirmation

1. Manufacturing, business, service that has entered service with a large waste volume, the risk of serious impact on the environment of the Prescribed Categories at Annex II This Protocol must implement the environmental management system validation.

2. The Facility with a certification certificate for the National Standard TCVN ISO 14001 is also valid due to the organization certification that registered the area of activity under the regulation of the law granting not the validation of the environmental management system.

The head of the facility must have the authority to submit a competent authority confirming a commitment to full compliance with the specified content at Article 27 of this decree.

3. According to each period, the Prime Minister considers, deciding to adjust the portfolio of manufacturing, business, services to implement the environmental management system on the proposed basis of the Ministry of Natural Resources and Environment.

What? 26. The timing of the validation of the environmental management system

1. The facilities that are conducting manufacturing operations, business, service must perform the validation of the environmental management system for the first time as 12 months from the date of this Decree effective.

2. The facilities that are not subject to regulation at Clause 1 This must implement the validation of the environmental management system for the first time after the operation of manufacturing, business, 12-month service, but not more than 24 months from the time of advance. Manufacturing operations, business, business.

What? 27. Environmental Management Systems Content

1. Environmental Management System Content:

a) Plan or process to operate manufacturing facilities in accordance with the laws of environmental protection;

b) Commending the use of processes, efficient production equipment to save energy and raw materials, reduce environmental pollution; and to reduce pollution.

c) Settings and maintain the continuous monitoring process of the environmental impacts of manufacturing activity; the target and environmental focus on environmental protection and assessment of their effectiveness;

d) Define, implement and maintain the role, responsibility, authority of the leadership and the base staff on environmental protection; environmental management in charge of environmental management; providing the resources needed to implement the environmental protection of the facility;

The program raises awareness for workers, workers on the impact of manufacturing activity at the facility on the environment and measures to mitigate those effects (at least once a year).

e) The preferred policy for suppliers and contractors is recognized as the basis of eco-friendly or product-branded products;

g) The plan to publish an annual environmental report; plans for information to customers and communities around the necessary measures to protect the environment.

2. The environmental management system must be adjusted in time with changes in the operating process of the facility.

What? 28. Verify that the environmental management system

1. The profile recommended that the environmental management system include:

a) The application for validation of the environmental management system;

b) Report on the environmental management system of the facility.

2. The owner of the manufacturing, business, filing services recommend the validation of the environmental management system to the competent authority. The owner of the facility has the right to send a confirmation file confirmed via email.

3. After receiving an offer to confirm the environmental management system, the authorities have the authority to confirm the conduct of the case sweep, the case case is not enough or not valid, for the 3-day period must be informed by text to the facility owner to perfect. The file.

4. After receiving a valid enough case, the agency has the authority to confirm that it is responsible for organizing the validation and issuing of the environmental management system for a 30-day period.

The case does not issue a validation of the environmental management system, the authorities have the authority to confirm that it is responsible for a written notice to the base of the facility and specify a reason.

5. The Certificate of Environmental Management System has a 5-year term from the date of the grant.

6. The Ministry of Natural Resources and Environment rules the report and sequence, the procedure that confirms the environmental management system of the facility.

What? 29. Authority validation of the environmental management system

1. The Ministry of Natural Resources and Environment confirmed the environmental management system for non-defense, security facilities.

2. Department of Defense, Ministry of Public Security confirms the environmental management system for the facilities of the defense, security.

What? 30. Change, validation of the environmental management system

1. The base case has changes in mitigable mitigation guidelines and the responsibility for environmental protection has been confirmed in the environmental management system or changes in scale, capacity, technology that increases adverse impact on the environment, then has to be agreed. The text of the confirmation agency. The body of confirmation is responsible for responding in writing in the 20-day period since the date received valid records.

2. The facility must file a reconfirmation of the environmental management system before the time of paper validation of the environmental management system expires at least 90 days. Validation records include:

a) The request for validation again;

b) Environmental management system validation;

c) The environmental management system content compliance report has been confirmed.

Where changes in the environmental management system are confirmed, the facility must specify this change.

3. The process of validation of the environmental management system is implemented by regulation at Article 28 of this Decree. The case processing deadline, the document level validation of the environment management system is no more than 20 days.

Item 2

INSURANCE LIABILITY INSURANCE

ABOUT THE ENVIRONMENT

What? 31. Organization, individuals buy insurance liability insurance damage to the environment

1. Organization, individual operating manufacturing, business, service, the following service must be responsible for purchasing liability insurance damages to the environment or to extract the risk reserve fund under the rule of law:

a) Oil and gas operations include search, exploration, mining and petroleum extraction, including direct service activities for these activities;

b) Production, chemical business, gasoline;

c) Use the dedicated liner to transport oil, petroleum products or other dangerous goods when operating in the waters of the waters of the waters and the waters of Vietnam;

d) Save, transport and dispose of hazardous waste; transporting dangerous goods.

2. Based on the type, scale, properties, site of operations, the Ministry of Natural Resources and Environment, in coordination with the Ministry of Finance and related agencies the object of the object to buy insurance liability insurance damages environmental damages; regulations, and regulations. Minimum responsibility for each object.

3. The Ministry of Finance chaired, in coordination with the Ministry of Natural Resources and the Environment Regulation detailing the risk of the risk reserve fund.

What? 32.

1. The insurance subject of the insurance liability insurance damages the environment is the responsibility of the organization, the individual who buys insurance on the expenses that arise in order to perform the damages responsibility for the environment in the following cases:

a) The water environment serves the purpose of conservation, living, recreational, manufacturing and other purpose contaminated with contaminated pollution, severe pollution, serious pollution;

b) The soil environment serves for conservation purposes, production and other purposes contaminated with contaminated pollution, severe pollution, severe contamination of pollution;

c) The natural ecosystem of nature and not part of the nature reserve is degraded;

d) The endangered species, the quarter, is rarely preferred for protection under the rule of death law, which is injured.

2. The affected environment range is determined by the type, scale, properties, operating location of the organization, the individual purchasing responsibility insurance.

Section 3

SERIOUS ENVIRONMENTAL POLLUTION FACILITIES

What? 33. Principles and bases determine the basis of serious environmental pollution in the country

1. The determination of the basis of environmental pollution, which causes severe environmental pollution to be conducted objectively, is fair, legally correct; the basis of the national technical standards of the environment and the level of violations of environmental pollutants, including:

a) The conduct of wastewater discharge, emissions, dust beyond the national technical standard for the environment;

b) The behavior causes noise, vibration exceeds the national technical standard of the environment;

c) The burial behavior, soil discharge, the water environment of liquid, solid, non-regulatory muddy substances that make up the soil, water, air, exceeds the national technical standard of ambient quality.

2. The factors that determine the extent of the violation of environmental pollutants

a) For the specified behavior at Point A 1 Article This includes: the amount of wastewater, the amount of emissions, the dust of the facility; the number of times the national technical process in terms of the environment of the characteristic environmental parameters and the number of unique environmental parameters exceeded. the national technical standard of waste available in wastewater, emissions, dust of the facility; and

b) For the specified behavior at point b 1 This includes: The number of times exceeds the national technical standard of noise, vibration; the object that is affected; the time and place takes place;

c) For the specified behavior at Point 1 Article 1 This includes: The number of times exceeds the national technical standard of water quality, groundwater, seawater, ambient air, and the soil environment of environmental parameters due to these behaviors.

3. The environmental parameters that exceed the national technical standard on the environment are defined on the basis of the observational results of that environment in reference to the national technical regulation of the corresponding environment carried out by the unit with sufficient certification. Environmental monitoring operation.

4. The Ministry of Natural Resources and Environment regulates the basis of serious environmental pollutants.

What? 34. The portfolio of serious environmental pollutants and environmental pollution treatment measures in the United States.

1. A serious environmental contamination facility after being treated for administrative offenses must be included in the category accompanied by environmental and environmental pollution treatment, except for cases of suspended or active suspension.

2. Environmental pollution treatment measures for a serious environmental contamination facility when included in the category include:

a) Move the location to the location in accordance with the planning and endurance of the environment;

b) The renovation, upgrade or new construction of the waste disposal system reached the national technical regulation of the environment;

c) Corrects, environmental recovery in the area that has been polluing.

3. During the implementation of the environmental pollution treatment, severe environmental pollutants must apply for appropriate pollution mitigation measures. The pollution mitigation measure of the facility must be identified in the category of serious environmental pollutants.

4. The Ministry of Natural Resources and Environment Guide, evaluation of results and validation of the completion of the radical treatment measures at serious environmental pollutants; presiding over the inspection, inspection of radical processing work. Severe environmental pollution.

What? 35. The procedure, the procedure determines the category of serious environmental pollutants

1. The agencies with an inspection function, audits for environmental protection are responsible for sending the Department of Natural Resources and Environment, inspection and related records after five days from the date of the release of the inspection, inspection (excluding the facilities). The Ministry of Defense, the Ministry of Public Security, inspection, inspection.

2. In the 30-day period since the date of receiving test results, the inspection of environmental protection, the monitoring results of the state agency ' s authority with jurisdiction and the base of the classification of serious environmental pollutants, the Department of Natural Resources and Environment. The site of a list of serious environmental pollution facilities on the site, reports the Provincial People's Committee, the Ministry of Natural Resources, and the Environment, and sends a list of facilities that pollve the Ministry, the relevant sector.

3. In the 20-day period since the date received report by the Department of Natural Resources and Environment, the Provincial People ' s Committee aggregated the portfolio of serious environmental pollutants; at the same time reported a list of serious environmental pollutants on the site. The table and the relevant records for the Ministry of Natural Resources and Environment, in aggregation, reports the Prime Minister; on the basis of the jurisdiction of the ministry, the industry must consult the ministry, the relevant sector before the entry into the category.

4. In the 30-day period since the day of the issue of examination, the inspection of environmental protection, the results of the monitoring and base of the criteria for the classification of serious environmental pollutants, the Ministry of Defence protection of the Ministry of Environment. In case, the Ministry of Public Security lists a serious environmental pollution facility in the defense sector, security, reports the Secretary of Defense, Minister of Public Security, and sending the Department of Natural Resources and Environment to watch.

5. In the 20-day period since the date of receiving the report of the specialist agency on environmental protection, the Ministry of Defense, the Ministry of Public Security sends a list of serious environmental pollution facilities within the management range and relevant records for the Ministry of Natural Resources and Resources. The environment is sweeping, aggregable, the Prime Minister's report.

6. In the 30-day period since the date received the report by the Provincial People ' s Commission, the Ministry of Defense report, the Ministry of Public Security and based on the results of the inspection, the inspection referendum of the Ministry of Natural Resources and Environment, Ministry of Natural Resources and Environment, aggregation, report to the Prime Minister or to approve the portfolio of serious environmental pollution facilities under the Prime Minister ' s mandate.

7. A serious environmental contamination facility must be accompanied by a regulatory measure stipulated at the Article 2 Article 34 of this decree.

What? 36. Public portfolio of environmental pollutants and environmental pollution treatment

1. The portfolio of serious environmental pollutants and treatment after approval is sent to the Ministry of Natural Resources and Environment, the Ministry of Industry Management, the Provincial People ' s Commission where the facility has a serious environmental polluer activity after five days from the date. approval.

2. After receiving the approval decision of the competent state agency, the Ministry of Natural Resources and Environment is responsible for posting information on the basis of serious environmental pollution on the electronic information site of the Ministry of Natural Resources and Environment, President of the Environment. the environment until the certification facility has completed its environmental pollution treatment.

3. After receiving the approval decision of the state agency with jurisdiction, the Provincial People 's Committee is responsible for posting information on the basis of serious environmental pollution at the site on the province' s electronic information site, on the local media, including: Public information until the certification facility has completed environmental pollution treatment; it is common to approve the state agency ' s serious environmental pollution base for the People's Committee. the district where the facility has a serious environmental pollution activity.

4. After receiving the approval decision of the competent state agency, the District People ' s Committee is in charge of:

a) Posted information about the serious environmental pollution facilities that are operating on the site must implement an environmental pollution treatment according to the decision of the state agency to have jurisdiction over the local electronic information page until the end of the year. when the certified facility has completed environmental pollution treatment; the common time the decision to approve the portfolio of serious environmental pollution facilities of the state agency has jurisdiction to the People's Committee of the People's Committee where the facility is active. Severe environmental pollution.

b) A frequent information about the basis of severe environmental pollution on the site must implement an environmental pollution treatment under the decision of the state agency to have jurisdiction over the local media system.

5. After receiving the approval of the state agency 's approval decision, the People' s Committee is responsible for:

a) A public statement at the headquarters of the People's Commission on Information on the Severe Environmental Pollution Facilities being operating on the site must implement an environmental pollution treatment by the decision of the state authority.

b) Information information about the serious environmental pollution facilities that are operating on the site must implement an environmental pollution treatment according to the decision of the state agency to have jurisdiction to the hamlets, villages, maps, hamlets, neighborhoods and the future. Of course, the social-political organization of society to know and co-ordinate the oversight of the execution.

Chapter VII.

PREFERABLE, ENVIRONMENTAL PROTECTION SUPPORT

What? 37. Principles of incentives, support

1. The state does preferable, support for land, capital; exemption, tax relief on environmental protection; subsidies, support for product consumption from environmental protection and other incentives, other support for environmental protection.

2. Organization, individuals who perform a variety of preferable environmental protection activities, support benefits, provide the corresponding support for those activities as defined at this Decree.

3. The case of environmental protection and preferable support, regulatory assistance at this Decree and other laws of law, is preferable, in accordance with written support, higher support.

4. The legal case, the new policy that is enacted preferable, higher support than the preferable, the support that investors have enjoyed by regulation at this Decree, the investor is preferable, supports under the new regulation. The Ministry of Planning and Investment, in collaboration with the Ministry of Finance, Ministry of Natural Resources and Environment, the procedure for appraisal, approval of preferable content, support for the planned investment project at this Decree.

5. Level and preferable range, support for environmental protection is tailored to the policy of environmental protection.

What? 38. Subject is preferable, support

1. The subject is preferable, supported to include organizations, individuals who have the operational investment of the environmental protection works; manufacturing operations, business, services on environmental protection are regulated at Appendix III.

2. Research in technology scientific research, technology transfer of preferable environmental protection, in accordance with the regulation of law on technology science, technology transfer.

3. The Ministry of Commerce presided over, in coordination with the Ministry of Natural Resources and the Environment for the provisions of other forms of renewable energy by regulation at the Article 13 Appendix III This decree.

Item 1

PREFERABLE, INFRASTRUCTURE SUPPORT, AND LAND.

What? 39. Support for the investment of infrastructure construction

The project holder for the construction of the regulatory environment in Clause 1, Clause 2 and 6 Annex III of this Decree is entitled to provide support for the investment of building infrastructure projects as follows:

1. The state prioritits land funds tied to buildings, the engineering infrastructure (traffic, electricity, drainage, communications, communications, energy) available outside the scope of the project linking the general technical infrastructure of the region.

2. In the event the State of the State not deployed to the land funds attached to the works, the engineering infrastructure class is available outside the scope of the project linking the general technical infrastructure of the region, the project owner invested in policy as investment support. The construction of the infrastructure of the industrial sector, the manufacturing sector, the high tech sector, according to the law of investment.

What? 40. Incentives for land rent, support for free and compensated liberation

1. The project owners build a regulated wastewater treatment system that focuses on the 1 Annex III Protocol and the construction of a common solid waste disposal facility in paragraph 2 Annex III This decree is preferable on rent. The land is defined by law on land as subject to the special property of investment favours and is supported by the State for compensation, free release.

In the case of a project holder who has already applied to the compensation budget, the release of the face by means of the approved jurisdiction shall be deducted under the rule of the land law.

2. The project host for construction of the regulatory process at Clause 4, 5, 9, 10 Annex III The decree is entitled to preferable land rent under the law of land law as subject to the special portfolio of preferable investment.

3. The project owner makes the investment activities that build the production facility stipulated at Clause 11, 12, 13, 14 Annex III This decree is preferable on land rent under the rule of land law as subject to investment favours.

What? 41. Financial incentives for land on the basis of severe environmental pollution must relocate to China.

1. A serious environmental polluer facility must relocate (later called base) if the land delivered by the State of the land does not collect land or land deposits that would collect pre-land use before July 1, 2014 (before the time of the 2013 Land Law of the Year). Or the transfer of the franchise using the legal land that the money used by the land has submitted to the State or the money that transfers the right to the right of the state budget, the state budget is used in the entirety of the sale of the rights to the use of land and property. adjacent to the land (after excluding the cost of holding the auction) and is credited to the state budget capital by the rule of law to pay for the use of money. land, land rent, relocation costs, innovation costs, technological upgrades and investment project implementation at the new production facility.

The land case at the former manufacturing facility was recovered and used for public purposes, the facility was funded by the State Department to pay for land use, relocation costs, improvements, innovation, technological upgrades and implementation of investment projects at the corresponding new production facility. with the value of land and property rights associated with the land of that property at the price of the market at the time of the recovery.

2. The serious environmental polluer facility must relocate if delivered by the state-made State of the Land before July 1, 2014 or to rent land pay once for both the lease period or the transfer of the legal land using the legal land that money. using land or money that transfers the right to land-based use of the land is not derived from the state budget, which is intended to be used for land at the old facility but must be consistent with a detailed land use planning, urban building planning. The plan for the construction of rural settlements has been approved by the state authority under the rule of the law of the land.

Where there is no need for land to use land, it is transferred to the use of land for others to use as planned for the remainder in accordance with the laws of the land.

Item 2

INCENTIVES, CAPITAL SUPPORT, TAXES

What? 42.

1. Incentives from the Vietnam Environmental Protection Foundation, the local environmental protection fund and other credit organizations:

a) Chairman of the project's implementation of a regulatory operation in Clause 1 and Clause of 2 Annex III if the application of the processing technology has the rate of waste to be buried behind the processing of less than 30% on the total amount of solid waste collected, which is borrowed with preferable interest rates. a maximum of no more than 50% of the state's investment credit rate due to the competent authority announced at the time of the loan, the total loan is no more than 80% of the total investment building investment; which is prioritifully supported after investment or capital loans;

b) The first of the projects to implement the regulations in Annex III, which is not part of Article 1 This is borrowed capital with a maximum preferable interest rate of no more than 50% of the state's investment credit rate due to the competent authority of the state. the time of lending, the total loan amount is no more than 70% of the total investment building investment; which is prioritifully supported after investment or capital loans.

2. Incentives from the Development Bank of Vietnam:

The project holder makes provisions for regulations at Annex III This decree is preferable to the investment credit as projects under the portfolio of credit capital loans according to the law of the current law.

3. Chairman of the project execution of regulation at Clause 11 This decree, in addition to being entitled to the incentives such as Regulation 1 and Section 2 This is also supported by the State 10% of the total investment equipment deployment application. the environment.

4. Chairman of the project implementation of the operation specified at Appendix III This decree, except for the regulation stipulation in Clause 3 and Section 8 Annex III This decree, if the project is specified in the plans, the strategy is served by the Prime Minister, Government and Government. The National Assembly of Public Debt and Regulated Management and Implementation Guidelines are priorititiated, using the official development assistance (ODA).

5. The Ministry of Finance chaired, in collaboration with the Ministry of Planning and Investment Guide, the procedure to support the specified capital investment in Clause 3 This Article.

6. The Ministry of Planning and Investment, in collaboration with the Ministry of Finance, Ministry of Natural Resources and Environmental Guide to the Detailed Implementation in Clause 4 This Article.

7. The Ministry of Natural Resources and Environment guidelines for capital lending and implementation of post-investment interest support, investment credit for capital loan projects from the Vietnam Environmental Protection Fund. The Provincial People's Committee grants capital loans and performs post-investment interest support, investment credit for capital loan projects from the local environmental protection fund.

What? 43. Business income tax income

The income of the business from the implementation of new investment projects stipulated at Clause 1, 2, 4, 5, 6, 9, 10 Annex III This decree and the implementation of new production projects stipulated at Clause 11, 12, 13, 14 Annex III This decree is preferable. Corporate income tax as subject to environmental protection by law on corporate income tax.

What? 44. Tax on export taxes, import taxes

1. Machines, vehicles, instruments, materials used for regulatory activities at Section 10 and Clause 14 Annex III This term when imports are preferable to import duties as subject to the particular sector are particularly encouraged to invest in accordance with the rules. The law of the export tax, the import tax.

2. The Ministry of Finance regulates the exemption, reducing the export tax on the prescribed products at paragraph 12 Annex III This decree when exporting.

3. The Ministry of Natural Resources and Environment details the list of specified products at paragraph 12 Annex III this decree.

What? 45. Value tax incentives increased

1. Goods, manufactured services, business from environmental protection activities that apply value-added tax policy on the regulation of the value-added tax legislation.

2. The Prime Minister provides an increase in value added tax on some products, the protection of the particular environment.

Section 3

PRODUCT SUPPORT AND CONSUMPTION

What? 46. Product price, service on environmental protection and services

The project holder performs activities, which provide the following products if it meets the criteria for product, utility services, subsidizated by the law of manufacturing, product supply, utility services:

1. Operational activity at Clause 2 and paragraph 9 Annex III This decree, activities of the regulation of the regulation of the provisions of the 8 Annex III of this decree.

2. Product from the environmental protection of regulation at paragraph 12 and Article 13 Annex III this decree.

What? 47. Consumer Support for Products

1. The head of the agency, the unit using the state budget is responsible for prioritiing the procurement of the provisions in Clause 12 and Article 13 of the Third Annex III when purchasing that product type.

The Ministry of Finance chaired, in collaboration with the Ministry of Natural Resources and the Environment for the Construction of Public procurement on the products that are friendly to the environment under the provisions of this clause.

2. Organization, individuals preferable to shop for environmental-friendly products in accordance with the guidelines of the Ministry of Natural Resources and Environment.

Section 4

OTHER INCENTIVES, OTHER SUPPORT

What? 48. Support product promotion, waste classification at the source

1. The state encourages organization, individual, business, coopercooperation that performs the following activities:

a) Promots products from environmental protection, recovery operation, disposal of disposal products;

b) Production and dissemation of film genres, television programs on environmental protection aimed to enhance people's consciousness in environmental protection, use of eco-friendly products;

c) Provide a free supply of tools for people to perform the classification of living waste, waste products at the source.

2. The cost of carrying out the prescribed activities at Clause 1 This is calculated at the cost of production of the organization, the individual, the business, the cooperative.

3. The Ministry of Finance chaired, in coordination with the Ministry of Natural Resources and Environment, Ministry of Information and Communications implementation of the policy of regulatory incentive at Clause 1 and Clause 2 This.

What? 49. Environmental Protection Award

1. A two-year term, the Ministry of Natural Resources and the Environment, in collaboration with the Ministry of Science and Technology, Vietnam Chamber of Commerce and Industry, Vietnam Television held the option, awares the award and honor of the organization, the individual has a positive achievement. in environmental protection, recovery activity, disposal of disposal products.

2. The Ministry of Natural Resources and Environment specifically regulates the award, standards, and procedures for the awards; in collaboration with the Ministry of Finance that specifically regulates the cost of the environmental protection award.

3. The Provincial People ' s Committee specifically provides for the local environmental protection awards.

4. The funding for the organization and award-awares are spent from the environmental industry ' s funding, the Vietnam Environmental Protection Foundation, the funding of organizations, individuals and other legal capital raising sources.

Chapter VIII

THE RESIDENTIAL COMMUNITY IS ENGAGED IN ENVIRONMENTAL PROTECTION.

What? 50. Civil Community Representative

1. The residential community may choose to organize or personally represent the community community through a plenum meeting or a family representative in the residential community.

2. The organization, the individual who accepts as the representative of the population of the population is responsible for performing activities within the authorized community and is accountable to the residential community and the law of its activities.

What? 51. Provide environmental information to the residential community.

1. Environmental information is offered periodically at least once a year including:

a) The text of the law of the environment;

b) Report of the national, local, environmental, environmental, environmental, environmental, and environmental-specific reports of the state governing body of resources and the environment of construction and publication;

c) A list of serious environmental pollutants, contaminated environmental areas, severely degraded; the area at risk of environmental incidents caused by the state governing body for resources and the environment of planning and public;

d) The list, information about the sources of waste, the types of waste that are at risk of harm to human health and the environment by the state governing body of resources and the environment and public;

Publications, environmental publications, environmental documentation, environmental documentation, and related issues;

e) The results of the inspection, inspection, breach of violation of the manufacturing facility, the service business on the residential land;

g) Environmental protection activities of the manufacturing facility, business, service on residential land;

) The license is related to the exploitation, use and protection of the resources, the environment of the manufacturing facility, the service business on the residential land.

2. Environmental information is provided in one of the following forms:

a) Document, publication, publication of the widely published address published in the media;

b) Subscription on the official electronic information page of the state governing body on resources and the environment; the project investor; owner of manufacturing, business, service; and

c) publicly available at the manufacturing facility, the service business; the headquarters of the Social People ' s Commission;

d) The organization of the press conference publicly;

The gathering information for the community;

e) Other forms according to the rule of law.

3. Time of public information in accordance with the specified form at Point b and Point 2 Article 2 This is a minimum of 30 days.

4. Responsibility to provide environmental information to the residential community:

a) The state governing body on the environment is responsible for providing regulatory information from Point a to Point 1 This Article;

b) The manufacturing facility, business, services are responsible for providing regulatory information at Point g and Point 1 This Article.

What? 52. The consultation and oversight of the residential community on the environment

1. The hosts, the policy of the following State, should have the consultation of the community community on the environment before the decision:

a) Building strategies, planning, planning, programs, projects to protect national, regional, regional, and provincial-level environmental protection;

b) Building laws that violate the protection of the environment;

c) The implementation of environmental indicators in strategy, planning, economic development planning-national, regional, regional, and provincial-level development.

2. The state governing body has jurisdiction before deciding on the hosts, the regulatory policy at Clause 1 This is responsible for organizing the environmental community consultation on the environment through the public publication of the draft of the text on the pages of information. electronic news or mass media.

3. The state governing body for resources and the environment is responsible for the organization to take on and handle the environmental consultation opinions of the population; in response to the community community that proceeds or does not take part in consultation on the environment of the population. The population of the population passed through the provisions of Article 2 of Article 51 of this decree.

4. Operate consultations on strategic environmental assessment, assessment of environmental impact on the regulation of law on strategic environmental assessment, environmental impact assessment.

5. Public investment monitoring activities on the environmental protection of the community are carried out in accordance with the law of public investment.

What? 53. Assessment of the environmental protection results of the manufacturing facility, business, services and services

1. The residential community representative is entitled to participate in assessing the environmental protection results for the following subjects:

a) The project topic in the implementation of the environmental impact assessment reporting content has been approved and the implementation of the content of permits related to exploitation, use and protection of resources, the environment; and

b) Organization, individuals in the implementation of the remediation measures in the decision to punish the administrative violation of environmental protection; the implementation of the content of permits related to exploitation, use and protection of resources, the environment;

c) The basis of manufacturing, business, service in the implementation of environmental protection or environmental protection plans; the implementation of the content of permits related to exploitation, use and protection of resources, the environment.

2. Content assessment:

a) The implementation of the content of permits related to exploitation, use and protection of resources, the environment;

b) Implemonation of the environmental impact assessment; the commitment to protect the environment; environmental protection plans;

c) There are consequences of remediation in the decision to punish the administrative violation of environmental protection.

3. The base on the environmental information of the facility is periodically provided, the residential community or the representative community community evaluated the implementation of the activities related to the assessment content outlined in Clause 2 This is in accordance with the right criteria, sufficient content. Yeah. The environmental protection outcome of the residential community is one of the bases for commendation of achievement in environmental protection of the manufacturing facility, business, and services.

What? 54. Build, implement the environmental protection model based on the residential community.

1. The State encourages and has a policy mechanism that supports the residential community to build and organize the implementation of community models that protect resources and the environment, sustainable development, conservation and use of natural resource rationing, the application with climate change, and climate change. Oh,

2. The residential community has a responsibility to participate in the construction of the target, program of operations, monitoring, effective evaluation of the program to protect nature conservation areas, national parks; participate in management, protection of nature conservation areas, gardens and gardens. The country.

3. The residential community has the right to actively build, organize the implementation of community-based resource protection and environmental protection models, along with state regulatory agencies on resources and the monitoring environment, which examines the management of protected areas in the area. Nature, the park.

4. The state regulator of resources and environmental resources, coordination and guidance of the residential community for building environmental protection models, protecting natural resources based on the community, manufacturing model and sustainable consumption; the board of promotion of the promotion of natural resources. The community protects the environment, preserving and using natural resource rationing, production models, and sustainable consumption.

Chapter IX

EXECUTION CLAUSE

What? 55. The transition clause

1. The profile has been taken by the state authority to address the environmental procedure before the date of the decree in effect, which is handled by the rule of law at the time of reception.

2. Environmental protection activities, products from environmental protection activities that have enjoyed incentives, support under the Digital Agenda, and other countries. 04 /2009/NĐ-CP On 14 January 2009, the Government on preferable, supporting environmental protection continued to enjoy, support for the remainder of the year; the subject of a preferable object, higher support by regulation at this decree, is preferable. This is what we call this decree.

3. The provincial committee for the provincial population, approved the renovation, rehabilitation of the additional environment of the renovation project, environmental restoration or renovation project, restoration of the environment has been approved by the Department of Natural Resources and Environment, the District People ' s Commission approved. before the date of this decree came into effect.

4. The Provincial People ' s Committee confirmed the completion of the renovation, environmental recovery or renovation project, reinforces the additional environment of the renovation project, environmental recovery or renovation project, environmental restoration or renovation project, restoration of the environment, and environmental recovery. Additional school or renovation project, the restoration of the additional environment was approved by the Department of Natural Resources and Environment, the People's Committee of the District prior to the date of the decree.

5. For renovation projects, environmental recovery or renovation projects, additional environment restoration, environmental rehabilitation, environmental recovery or renovation project, additional environmental rehabilitation that was approved before this time of the Protocol was in effect, not to be considered to be a part of the project. have to establish a complementary method or method in accordance with this decree.

6. The organization, the individual mining individual who carried out the deposit prior to the number Decision date 71 /2008/QĐ-TTg May 29, 2008, of the Prime Minister ' s May 29, 2008, environmental rehabilitation of the mineral exploitation operation, which is in effect, but has the content of the renovation, the environment recovery is not consistent with the renovation of the process, restoring the environment. The regulation field in the Environmental Protection Act of 2014 and this decree has to rebuild the process of renovation, restoration of the environment by regulation at this Decree, which has the authority to approve prior to December 31, 2016.

What? 56.

1. This decree has been in effect since 1 April 2015.

2. The following text expires from the date of this decree effective:

a) Protocol number 80 /2006/ND-CP August 9, 2006 of the Government Regulation and guidelines for the Law of Environmental Protection;

b) The arithmetic decree 21 /2008/NĐ-CP February 28, 2008 by the Government on the amendment, adds some of the provisions of the Digital Protocol 80 /2006/ND-CP August 9, 2006 regulations and guidelines for the implementation of the Environmental Protection Act;

c) Digital decree 04 /2009/NĐ-CP 14 January 2009 of the Government on Incentives, support for environmental protection;

d) Decision numbers 18 /2013/QĐ-TTg March 29, 2013 by the Prime Minister on the renovation, environmental recovery and renovation of the foundation, restoration of the environment for mining operations.

What? 57.

1. Ministers, peer-to-peer agencies, Head of Government, Chairman of the Government, Chairman of the People's Committee of the provinces, the Central Committee of the Central Committee, is responsible for the implementation of this decree; sweeping the laws of the laws of the law. contrary to the regulation of the Environmental Protection Laws, of this decree for modification, supplements.

2. The Minister of Natural Resources and the Environment, in coordination with the Minister, the Prime Minister of the Ministry of China, the Chief Minister of the Government, Chairman of the People ' s Committee of the Provinces, the Central City of the Central City Guide to the implementation and examination of the situation This decree, training, training, media, disseminalization of the law of environmental protection.