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Law 52/2005/qh11: Environmental Protection

Original Language Title: Luật 52/2005/QH11: Bảo vệ môi trường

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ENVIRONMENTAL PROTECTION LAWS based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
 
This law regulates the protection of the environment.
Chapter I GENERAL PROVISIONS article 1. Scope this law and regulations on environmental protection activities; policies, measures and resources to protect the environment; the rights and obligations of organizations, households, individuals in protecting the environment.
Article 2. The object to apply this law applicable to State authorities, organizations, families and individuals in the country; Vietnam people settled abroad, foreign individuals, institutions that operate on the territory of the Socialist Republic of Vietnam.
The case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this law shall apply international treaties.
Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. The environment including natural factors and artificial material surrounded people, affect the life, production, development, survival of people and creatures.
2. Components of environment are the physical form factor of the environment such as soil, water, air, light, sound, organisms, ecosystems and the physical form.
3. environmental protection activities are activities to keep a clean environment and clean; prevent, limit the adverse impact on the environment, environmental incident response; pollution, degradation, restoration and improvement of the environment; exploitation, use and save natural resources; the protection of biodiversity.
4. Sustainable development is development that meets the needs of current generations without compromising the ability to meet the needs of the future generations on the basis of closely match, harmony between economic growth, ensuring social progress and environmental protection.
5. Environmental standards is the limit allowed by the parameters of the quality of the surrounding environment, the content of pollutants in the waste are the competent State Agency regulation as a base to manage and protect the environment.
6. environmental pollution is the variation of the environmental components do not match environmental standards, causing adverse effects on humans, creatures.
7. Environmental degradation is the decline in the quality and quantity of the components of the environment, bad for humans and creatures.
8. Environmental hazard or risk is occurring in the process of human activities or erratic change of nature, pollution, degradation or environmental change seriously.
9. Pollutants are substances or physical factors when appearing in the environment make the contaminated environment.
10. Waste is material in solid, liquid and gas is discharged from the production, trading, services, activities or other activities.
11. Hazardous waste is waste containing toxic elements, radioactive, flammable, explosive, corrosive, readily contagious, poisonous or other harmful properties.
12. Waste management is the activity of gathering, sorting, shipping, reduce, reuse, recycling, disposal, destruction, removal of waste.
13. Scrap is the product, material being excluded from the process of production or consumption are recovered for use as raw materials for production.
14. environmental load is limited to allow that the environment can receive and absorb the contaminants.
15. The ecosystem is the complex of living organisms in a natural geographic area certain to exist and develop, there is interaction with each other.
16. Biological diversity is the richness of genetic resources, species and ecosystems.
17. Environmental monitoring is the process of tracking the system about the environment, factors that impact on the environment to provide information reviews the current state of environmental quality performance, and the adverse impact on the environment.
18. environmental information including data, data on the environmental components; reserves, ecological value, the economic value of the natural resources; about the impact on the environment; about waste; on the level of the environment is polluted, degraded and information on other environmental issues.
19. strategic environmental assessment is the analysis, forecasting the impact on the environment of the project strategy, planning, development plans before approval to ensure sustainable development.
20. environmental impact assessment is the analysis, forecasting the impact to the environment of specific investment projects to give environmental protection measures when implementing the project.
21. the emissions which cause the greenhouse effect are the gases that impact the thermal exchange between the Earth and the space around make the temperature of the air surrounding the Earth's surface to heat up.
22. emission quotas that cause the greenhouse effect is air volume causing greenhouse effect of each country are allowed to waste into the atmosphere under the provisions of the relevant international treaties.
Article 4. The principle of environmental protection 1. Environmental protection must mount in harmony with economic development and social progress to guarantee sustainable development of the country; national environment protection must be attached to protecting regional and global environment.
2. Protecting the environment is the cause of the whole society, the rights and responsibilities of State bodies, institutions, households and individuals.
3. environmental protection activities are regularly, taking precautions is combined with pollution, degradation and improve environmental quality.
4. Protection of the environment are in accordance with the law, natural characteristics, culture, history, level of social-economic development of the country in each stage.
5. organizations, households, individuals, environmental degradation are responsible for the remedy, compensation and other responsibilities as prescribed by law.
Article 5. The State's policy on the protection of the environment 1. To encourage and create favorable conditions to all organisations, communities, households and individuals involved in environmental protection activities.
2. To promote advocacy, education, mobilization, combines applied administrative measures, economic and other measures to build self-discipline, discipline in environmental protection activities.
3. Fair use, saving natural resources, development of clean energy, renewable energy; to promote recycling, reuse, and reduce waste.
4. Priority to solve the pressing environmental problems; focus handling causing serious environmental pollution; environmental recovery in contaminated areas, to degrade; attach importance to the protection of the urban environment, residential.
5. environmental protection investment is the investment in development; diversification of the sources of capital investment for environmental protection and private expenditures for environmental careers in the State budget every year.
6. on the land, tax incentives, financial support for the activities of environmental protection and the environmental-friendly products; harmonization between the protection and effective use of the components of environment for development.
7. Strengthening human resources training, encourage research, application and transfer of scientific and technological achievements on the protection of the environment; formation and development of the environmental industry.
8. Expand and improve the efficiency of international cooperation; the full implementation of international commitments on the protection of the environment; encourage organizations and individuals participated in the international cooperation on the protection of the environment.

9. development of infrastructure for environmental protection; strengthening national capacity, on the protection of the environment, the modern direction.
Article 6. The environmental protection activity is recommended 1. Advocacy, education and campaigning for people to participate in protecting the environment, preserving the environment, protect the natural landscape and biodiversity.
2. The protection and reasonable use, saving natural resources.
3. Reduce, collecting, recycling and reuse of waste.
4. development, use of clean energy, renewable energy; reducing emissions that cause the greenhouse effect, ozone layer destruction.
5. Sign standard base environment, environment-friendly products.
6. scientific research, transfer of technology, application processing, waste recycling, environment-friendly technology.
7. investing in the construction of the production base of equipment and instruments for environmental protection; production, sales of environmentally friendly products; provides environmental protection services.
8. The preservation and development of indigenous genetic resources; breeder, enter the gene resources of economic value and benefit to the environment.
9. Build villages, hamlets, a wholesale, phum, care, body, production facilities, business, environmental friendly service.
10. development of the form and operation of the service organization to preserve environmental hygiene of the community.
11. formation of fine living, the habit of keeping environmental hygiene, remove jar procedure cause harm to the environment.
12. knowledge contribution, effort, finance for environmental protection activities.
Article 7. The prohibited acts 1. Sabotage, illegal exploitation of forests, other natural resources.
2. Exploitation of fishing resources, the creature by means, tools, methods of destruction, not just service and output in accordance with the law.
3. Mining, business, consumption, use of the plants, wildlife and rare in the category prohibited by the competent State Agency regulations.
4. Buried toxins, radioactive substances, waste and other harmful substances incorrectly where regulation and technical process on the protection of the environment.
5. Waste not yet handle environmental standards; the toxins, radioactive substances and other harmful substances into the soil, the water source.
6. smoke Exhaust, dust, gas or smell into the air; scattered radiation, radioactivity, ionizing substances exceed environmental standards allow.
7. Cause noise, vibration exceeds the standard.
8. Import of machinery, equipment, vehicles do not meet environmental standards.
9. Import, transit of waste in any form.
10. Import, transit of animals, plant has not passed quarantine; microorganisms also lets.
11. production, business products harm people, creatures and ecosystems; production, use of raw materials, building materials contain toxic elements that exceed the standard.
12. Invasive nature, heritage and nature conservation area.
13. Invasive devices structures, facilities environment protection activities.
14. unauthorized activities, living in the area are the competent State agencies identified as zone due to the level of special environmental hazards to health and human life.
15. Conceal acts destroy the environment, hinder environmental protection activities, falsify information leading to bad consequences for the environment.
16. other prohibited acts on the protection of the environment in accordance with the law.
Chapter II article 8 ENVIRONMENTAL STANDARDS. Construction principles and apply environmental standards 1. The construction and application of environmental standards must adhere to the following guidelines: a) meet environmental protection objectives; Prevention of pollution, and environmental degradation;
b) issued timely, feasible, consistent with the level of socio-economic development, the country's technology level and meet the requirements of international economic integration;
c) fits with the region's characteristics, sectors, types of production, technology and business services.
2. organizations and individuals to comply with environmental standards by the State compulsory disclosure apply.
Article 9. Content of the national environmental standards 1. Standard level.
2. environmental parameters and limit values.
3. standard application objects.
4. process, methods of instruction applied standards.
5. Conditions when applying the standard.
6. The method of measuring, sampling and analysis.
Article 10. The system of national environmental standards 1. The system of national environmental standards including the standards of environmental quality around and waste standards.
2. criteria for the quality of the surrounding environment including: a) Group environmental standards for land for the purpose of agriculture, forestry, fisheries and other purposes;
b) Group environmental standards for surface water and ground water serves the purpose of providing drinking water, living, industry, aquaculture, irrigation for agriculture and other purposes;
c) environmental standards Group for coastal water serves the purposes of aquaculture, entertainment, recreation and other purposes;
d) environmental standards Group for the air in the urban areas, the rural population;
DD) Group standards of sound, light, radiation in residential areas, public places.
3. the standards of waste include: a) the waste water standards groups, industry, services, wastewater from livestock, aquaculture, waste water and other activities;
b) Group standards of industrial emissions; emissions from the devices used to treat waste, destruction of living, industry, health and from other processing forms for wastes;
c) emission standards Group for vehicles, machinery, appliances;
d) Group standards for hazardous waste;
DD) Group standards for noise and vibration for the transportation, manufacturing, business services, construction activities.
Article 11. Standard requirements for the quality of the environment around the 1. Standards for the quality of the environment around the prescribed limit values of the parameters of the environment consistent with the purpose of using environmental components, including: a) the minimum value of the life support environment and normal development of humans, living things;
b) maximum value of the parameter to not cause harmful environmental adverse life and normal development of humans, living things.
2. environmental parameters specified in the environmental quality standards are specific instructions that the standard method of measurement, sampling, analysis to define it.
Article 12. Requirements for waste standards 1. Standards for waste must specifies the maximum value for the pollution of waste guarantees do not cause harm to humans and creatures.
2. the pollution of waste parameters are determined based on the hazardous properties, the volume of waste generated and the load of waste reception environment.
3. pollution parameters specified in the standards for the waste must have specific instructions to standard methods of sampling, measurement and analysis to define it.
Article 13. Issued and applied national environmental standards 1. Government Regulation Authority, order, construction procedures, issuing and recognizing national environmental standards in accordance with the provisions of the law on standardization.
2. Ministry of natural resources and environment announced the roadmap provisions, apply, area, region, industry sector for the application of national environmental standards consistent with the load of the environment.

3. Adjusting the national environmental standards is made in a year; where necessary, adjusting some standard is no longer appropriate, addition of new standards can be done sooner.
4. national environmental standards should be widely published to the Organization, individuals know and implement.
Chapter III STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT and ENVIRONMENTAL COMMITMENT section 1 STRATEGIC ENVIRONMENTAL ASSESSMENT article 14. The object to set the report strategic environmental assessment 1. Strategy, planning, planning of socio-economic development of the national level.
2. The strategy, planning, industry development plan, fields on the scale of the country.
3. The strategy, planning, socio-economic development plan of the society, the central cities (hereafter referred to as the provincial level), the region.
4. land use planning; development and protection of forests; exploitation and use of other natural resources on the Intercity, interregional scope.
5. Development of the key economic region.
6. Planned aggregate Intercity scale watersheds.
Article 15. Reporting strategic environmental assessment 1. The Agency was tasked to set up the project stipulated in article 14 of this law are responsible for reporting strategic environmental assessment.
2. The report reviews the strategic environment is a content of the project and must be established simultaneously with the process of establishing the project.
Article 16. Report content strategy environmental assessment 1. Generalizing about the objectives, scale, characteristics of projects related to the environment.
2. General description of the natural conditions, social-economic, environment-related projects.
3. Forecast of adverse impact on the environment can occur when implementing the project.
4. Instruction, data sources and methods of data evaluation.
5. Set out the direction, overall solution to solve environmental problems in the process of project implementation.
Article 17. Evaluation of the environmental assessment report strategy 1. The report reviews the strategic environment is a Council held under the provisions of clause 7 of this appraisal.
2. The composition of the assessment Board for the projects of the national scale, the province includes representatives of the Agency approved the project; representatives of ministries, ministerial agencies, government agencies, provincial people's committees relevant to the project; experienced professionals, professional level match the content, nature of the project; representatives of the organizations and individuals by the competent organs established authority decision.
3. The composition of the assessment Board for the project of the central cities, including representatives of the provincial people's Committee; professional bodies on the protection of the environment and the provincial departments concerned; experienced professionals, professional level match the content, nature of the project; representatives of the organizations and individuals by the competent organs established authority decision.
4. the authority provided for in paragraph 2 and paragraph 3 of this article must be on the fifty percent of members with expertise on the environment and the fields related to the content of the project. People directly involved in the environmental assessment reporting strategies not involved the Council of appraisal.
5. organizations and individuals have the right to submit requests, recommendations on the protection of the environment to the agency assessment Council organization and project approval authority; the Council and approved by the project authority is responsible for considering the requirements and recommendations before making conclusions, decisions.
6. Results evaluation report environment strategy is one of the grounds for approving the project.
7. organizational responsibility authority environmental assessment strategies are defined as follows: a) the Ministry of natural resources and environment of the Organization authority environmental assessment report on the strategy for the project by the National Assembly, the Government, the Prime Minister for approval;
b), ministerial authority, the Government agency organizing the Council of appraisal report reviews strategies for environment projects in its approval authority;
c) provincial people's Committee held authority environmental assessment strategy for projects under the authority of its decision and of the people's Councils at the same level.
Section 2 REVIEWS the ENVIRONMENTAL IMPACT to article 18. Object to reporting environmental impact assessment 1. The following Project Server to reporting environmental impact assessment: a) projects of national importance;
b) project that uses a portion of the land or have adverse natural reserve, the National Park, the historic-cultural, natural heritage, landscape has been rated;
c) project risk adverse River basin water resources, coastal zones, ecosystems are protected;
d) project to build infrastructures, industrial economic zones, high-tech zones, export processing zones, clusters of villages;
DD) project to build a new town, a residential area of focus;
e) mining project, use underground water, natural resources, large scale;
g) other projects have the potential to cause major risk adverse impact for the environment.
2. Government regulations list projects must report the environmental impact assessment.
Article 19. Reporting environmental impact assessment 1. Project owner specified in article 18 of this law are responsible for reporting the environmental impact assessment process by the competent State agencies for approval.
2. The report reviews the environmental impact must be established concurrently with the feasibility study report of the project.
3. the project Owners themselves or hired Consulting Services Organization report environmental impact assessment and take responsibility for the data, the results outlined in the report of environmental impact assessment.
4. in case of changes in scale, content, duration, execution, completion of the project, the project owners have accountability with the approval authority; case of need to plan environmental impact assessment report added.
5. Organizing advisory services reporting environmental impact assessment must be qualified on staff expertise, technical-material basis of need.
Article 20. Report content of environmental impact assessment 1. Lists, detailed description of the category of works of the project attached to the scale of space, time and mass execution; operating technology of each category of works and of the entire project.
2. general assessment of the current state of the environment where the implementation of projects and regions; the sensitivity and the load of the environment.
3. the detailed review of the environmental impacts are likely to occur when the project is done and the components of the environment, socio-economic factors impact of the project; risk prediction of the environmental problems caused by the works.
4. specific measures to minimize the adverse impact on the environment; prevention, environmental incident response.
5. Our commitment to environmental protection measures during construction and operation works.
6. list of works, program management, and monitoring of environmental problems in the process of implementing the project.
7. Estimate cost of building projects for environmental protection in the total cost of the project.
8. the comments of the Committee of people's communes, wards and towns (hereinafter referred to as the social people's Committee), representatives of the community where the project; the comments did not endorse the most recent local projects or not approved for environmental solutions must be stated in the report of environmental impact assessment.
9. Instructions on the supply of materials, data and evaluation methods.

Article 21. The evaluation report of environmental impact assessment 1. The evaluation report of environmental impact assessment is done through the Council of appraisal or valuation services organization.
Ministry of natural resources and environment regulations and conditions manual operation evaluation report reviews the Organization's environmental impact assessment services.
2. The composition of the Council for the evaluation of the projects specified in point a and point b clause 7 This includes representatives of the Agency approved the project; specialized agencies about the environment protection agency's approval of the project; specialized agencies on protection of the provincial environment where project implementation; experienced professionals, professional level match the content, nature of the project; representatives of the organizations and individuals by the competent organs established authority decision.
3. The composition of the assessment Board for the projects specified in point c paragraph 7 This includes representing the provincial people's Committee; professional bodies on the protection of the environment and the specialized provincial departments concerned; experienced professionals, professional level match the content, nature of the project; representatives of the organizations and individuals by the competent organs established authority decision.
Where necessary, the provincial people's Committee may invite representatives of the Ministry of natural resources and environment, ministerial-level agencies, Ministries, government agencies concerned to participate in the authority.
4. the authority provided for in paragraph 2 and paragraph 3 of this article must be on the fifty percent of members with expertise on the environment and the field is related to the content of the project. People directly involved in the reporting of environmental impact assessment is not involved the Council of appraisal.
5. assess service organizations are joining the evaluation according to the Agency's decision to approve the project and are responsible for the comments, the conclusions of its assessment.
6. organizations, communities, individuals have the right to submit requests, recommendations on the environmental protection agency to organize the evaluation provided for in paragraph 7 of this Article; the Agency held responsible due diligence review required, recommended that before making conclusions, decisions.
7. organizational responsibilities the evaluation report of environmental impact assessment for the project are defined as follows: a) the Ministry of natural resources and the environment authority organisation or service organization selection appraisal report of environmental impact assessment for the project by the National Assembly The Government, the Prime Minister decided, approved; interdisciplinary projects, the province;
b), ministerial authority, the Government agency organizing the Council of appraisal or selection of appraisal services organization report environmental impact assessment for the project under the authority of his approval, decision, except for interdisciplinary projects, the province;
c) provincial people's Committee held authority in the recruitment or evaluation services organization report environmental impact assessment for the project management of under the jurisdiction the decision, and his approval of the people's Councils at the same level.
Article 22. Approval of the report on environmental impact assessment 1. The Agency established the Council of appraisal report environmental impact assessment is responsible for the review and approval of the report reviews the environmental impact after it has been verified.
2. the approval bodies the report reviews the impact of the environment is responsible for considering complaints, recommendations of home projects, communities, organizations and individuals concerned before approval.
3. within fifteen working days from the date of receiving the report of environmental impact assessment has been edited satisfactorily according to the conclusions of the Council of the appraisal, valuation services, heads the provisions in clause 1 of this article must consider, the decision to approve the report on environmental impact assessment; If not approved they must reply in writing stating the reason for the project said.
4. The projects stipulated in article 18 of this law only approved, licensed investment, building, exploitation after reports of environmental impact assessment has been approved.
Article 23. The responsibility to implement and test the implementation of the contents of the report reviews the environmental impacts 1. The project owner has the following responsibilities: a) to report to the people's committees where implementation of the content of the decision approving the report on environmental impact assessment;
b) listed in the location of the project on the waste type, processing technology, standard parameters of waste, environmental protection solutions to community know, checking, monitoring;
c) done right, full of environmental content outlined in the report of environmental impact assessment and the requirements of the decision approving the report on environmental impact assessment;
d) informs the agency that approved the report on environmental impact assessment to examine, validate the contents of the reports and requests of the decision approving the report on environmental impact assessment;
DD) Only to be put into use after the works were competent bodies check, confirm the full implementation of the requirements prescribed in points a, b and c of this paragraph.
2. the approval bodies the report of environmental impact evaluation has the following responsibilities: a) announce decision to approve the content of the report reviews the environmental impact due to its approval for provincial people's committees where implementation of the project; The provincial people's Committee announced the decision to approve the content of the report reviews the environmental impacts caused by themselves or the Ministry, ministerial-level agencies, government agency approval for the people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level) The people's Committee of social level, where the implementation of the project;
b) directing, inspecting the implementation of the contents of the report reviews the environmental impact has been approved.
Category 3 is COMMITTED to PROTECTING the ENVIRONMENT article 24. The object must have a commitment to protect the environment production facilities, business, household-scale service object and not subject to the provisions of article 14 and Article 18 of this law must have a commitment to protect the environment.
Article 25. Content a commitment for environmental protection 1. Venue.
2. The type, scale of production, sales, services and raw materials, the use of fuel.
3. waste types.
4. Commitment to mitigation measures, waste and compliance with the provisions of the law on the protection of the environment.
Article 26. Sign a commitment to environmental protection 1. The people's committees at district level accountable organizations registered a commitment to protect the environment; where necessary, may authorize the people's Committee of social organizations registered.
2. The time limit for acceptance of a commitment to environmental protection is no more than five working days from the date of receiving a commitment to protect the environment.
3. The object prescribed in article 24 of this law just deployed operations, business, service after signed a commitment to protect the environment.
Article 27. The responsibility to implement and test the performance pledge for environmental protection 1. Organizations and individuals committed to the protection of the environment is responsible for the correct and full implementation of the content was recorded in a commitment to protect the environment.
2. the people's committees at district level, the social level, inspect, inspect the implementation of the content was recorded in a commitment to protect the environment.
Chapter IV the CONSERVATION and RATIONAL USE of NATURAL RESOURCES, Article 28. Investigation, assessment, planning of use of natural resources

1. The natural resources must be investigated, evaluated, reserves the possibility of regeneration, economic value to do planning for base use and determine the level of restrictions of exploitation, the level of environmental taxes, the cost of environmental protection, environmental restoration Fund, environmental damage compensation and other measures on the protection of the environment.
2. Planning use of natural resources are tied to nature conservation planning.
3. Responsible for investigating, evaluating and planning of natural resource use is made according to the provisions of the law on resources.
Article 29. Nature conservation 1. The area, valuable ecosystems biodiversity important for national, international must be investigated, evaluated, planning for protection in the form of marine protected areas, national parks, nature reserves, biosphere reserves, protected areas species-born (hereinafter referred to as the natural protected area).
2. Pursuant to the planning of natural protected areas include: a) the value of the natural heritage of the world, national and local levels;
b) value, count special purpose rooms;
c) role, the ecological balance of the region;
d) representative or the uniqueness of natural geographic area;
DD) of birth, residence, regular or seasonal development of many species of animals, endemic, rare and threatened with extinction;
e) value the biosphere, landscape, natural landscape, ecological Humanities for local, national;
g) other conservation values according to the provisions of the law.
3. The establishment of the nature reserve are subject to planning was the competent State agencies for approval.
4. nature reserve have private management and regulation.
5. Responsible for nature conservation planning, establishment and management of protected areas is done in accordance with the law.
Article 30. Protecting biological diversity 1. The protection of biological diversity must be made on the basis of ensuring the legitimate rights and interests of the local population and related objects.
2. State establishment of gene banks for the protection and development of indigenous genetic resources and rare; encourage the type of valuable genetic resources.
3. The animals, plants and rare, in danger of extinction must be protected according to the following rules: a) the list and classification to manage according to the level of rare, threatened with extinction;
b) protection plans and adopt measures to prevent the hunt, mining, trading, use;
c) made, foster care program, protected under special regime consistent with each species; the development of the center of wildlife rescue.
4. Ministry of environmental resources and coordinated with ministries, ministerial agencies, government agencies and the provincial people's Committee concerned implementation of biodiversity protection in accordance with the law on biological diversity.
Article 31. Protection and development of natural landscape 1. The State encourages the development of the ecological model for Hamlet, village, Hamlet, a wholesale, phum, care, residential, industrial, entertainment, tourism and other natural landscapes to create harmony between people and nature.
2. organizations and individuals who conduct the planning, construction, production, business, services, activities to ensure the requirements of preserving the landscape, nature.
3. Ministries, ministerial agencies, government agencies, the people's Committee in the scope of the task, their powers are responsible for planning, organization, management, protection and development of natural landscape under the provisions of this law and the provisions of relevant laws.
Article 32. Protect the environment in prospecting, exploration, extraction, use of natural resources 1. The survey, exploration, exploitation, use of natural resources must follow the planning has been the competent State agencies for approval.
2. mining license, the use of natural resources to the full provisions of the conditions of protection of the environment.
The exploitation and use of natural resources must follow correctly the content of environmental protection regulations in the mining license, the use by competent State bodies.
3. The organization, individuals are responsible for implementation of the requirements of environmental protection in the process of prospecting, exploration, extraction, use of natural resources; at the end of mining, exploration activities must recover the environment according to the provisions of this law and the provisions of relevant laws.
Article 33. Clean energy development, renewable energy and environmentally friendly products 1. Clean energy, renewable energy is energy from the Sun, wind, water, geothermal, biomass and other renewable sources.
2. organizations, personal development, use of clean energy, renewable energy, the production of environmental friendly products are state tax incentives, capital assistance, land to build production base.
3. building Government, implement the strategy of developing clean energy, renewable energy aims to achieve the following goals: a) strengthening the capacity of countries on research and application of mining technology and the use of clean energy, renewable energy;
b) expanded international cooperation, mobilize resources to participate in the exploitation and use of clean energy, renewable energy;
c) lift gradually the proportion of clean energy, renewable energy in the total national energy production; perform ensure energy security, saving natural resources, reducing emissions of gases causing the greenhouse effect;
d) integrating clean energy development, renewable energy programs with poverty alleviation, rural development, mountain, coastal and island regions.
4. the State encourages the production, consumer products, goods for less polluting the environment, easily degradable in nature; use waste to produce clean energy; the manufacture, import, use of machinery, equipment, vehicles using clean energy, renewable energy.
Article 34. Building consumer-friendly habits to the environment 1. The State encourages the Organization of individual consumers, the types of recycled products from waste, organic products, packaging easy degradable in the natural, the product is granted ecolabel and other products friendly to the environment.
2. The Ministry of culture and information, information agency, the press has the responsibility to coordinate with the Ministry of natural resources and environment, advocacy, referrals, promote products, environment friendly goods to people consuming the products friendly to the environment.
Chapter V PROTECTION of the ENVIRONMENT in the MANUFACTURING ACTIVITIES, business, Services 35. The responsibility to protect the Organization's markets?, individuals in the manufacturing activities, business, service 1. In compliance with the provisions of the law on the protection of the environment.
2. implementation of environmental protection measures outlined in the report of environmental impact assessment has been approved, a commitment to protect the environment have registered and comply with environmental standards.
3. Prevent, limit the adverse impact on the environment from its activities.
4. environmental pollution caused by their activities cause.
5. Advocacy, education, enhance the consciousness of environmental protection for workers in manufacturing, trading and services.
6. Make environmental reporting regime under the provisions of the law on the protection of the environment.
7. test mode actuator, inspection of environmental protection.
8. environmental tax, environmental fee.
Article 36. Environmental protection for the production zone, business, customer service focus

1. Economic zones, industrial zones, export processing zones, hi-tech zone, industrial, tourist and entertainment areas of focus (in this Act referred to as the zone of production, business, service focus) must meet the requirements of environmental protection: a) in compliance with the overall development plan has been approved;
b) planning the layout, functions, types of activity are associated with environmental protection;
c) full implementation, the content of the report reviews the environmental impact has been approved;
d) have adequate equipment, tools for collecting, concentrating the regular solid waste, hazardous waste and meets the requirements to receive the waste sorting at the source from the base in the manufacturing, trading, service;
DD) have systems to collect and treat waste water, exhaust gas processing systems of environmental standards and be operated regularly;
e) meet the requirements on environment, public health and protection of workers;
g) environmental monitoring system;
h) with qualified expertise to perform the duty to protect the environment.
2. Industrial Zones, export processing zones, hi-tech zone, industrial risks causing harmful effects on the environment must have a safe distance on the environment for residential, for nature conservation.
3. The implementation of production projects, business, service sides in the manufacturing, service, business focus is only done after it has fully met the requirements stipulated in paragraph 1 of this article and are competent State agencies to check, confirm.
4. Expert on the protection of the environment in the manufacturing, service, business focus has the following duties: a) check, monitoring the implementation of the environmental protection requirements for the premises, investment projects in the manufacturing, sales, service;
b) gathering, system management focus regular solid waste, hazardous waste; the system of collecting and processing waste water and waste gas treatment system;
c) monitoring organization, reviews the current state of the environment, General construction, environmental reports and periodic reporting of professional bodies on the protection of the environment;
d) advises the Management Board resolves disputes between environment-related projects in the manufacturing, service, business focus.
5. the provincial people's Committee has the responsibility to coordinate with ministries, ministerial agencies, government agencies relevant to directing, organizing the implementation of environment protection with the production, sales, services focused on the area of its management.
Article 37. Protecting the environment for manufacturing, business services, 1. Production facilities, business, the services must meet the requirements of environmental protection: a) infrastructure system collectors and sewage environmental standards.
The case was transferred to waste water waste water treatment system the focus must then comply with the provisions of the governing system of the waste water treatment;
b) have adequate facilities, equipment for collecting, storing and solid waste must make solid waste sorting at the source;
c) take measures to minimize and handle dust, emissions standards before release; guaranteed not to leak, disperse gas, steam, toxic gases into the environment; limit noise, glow, heat release bad influence to the surrounding environment and workers;
d) ensure resources, equipment meet the ability to prevent and respond to environmental problems, particularly with regard to production facilities that use chemicals, radioactive substances, substances that cause fire, explosion.
2. Production facilities or warehouses in the following cases are not placed in residential areas, or must have a safe distance on the environment for the settlement: a) Are flammable, explosive;
b) Contains radioactive or strong radiation;
c) Are toxic substances on the health of humans and livestock, poultry;
d) disperse the smell bad influence to human health;
DD) seriously polluting the water sources;
e) Causing the noise, dust, exhaust dispersal too standard.
Article 38. Environmental protection for villages 1. Planning, building, renovation and development of villages are tied to environmental protection.
The State encourages the development of industrial zones, villages are common structural systems environmental protection infrastructure.
2. provincial people's Committee has the responsibility for directing, organizing statistics, reviews the level of contamination of the local villages and plans to solve the environmental pollution of the village by the following measures: a) renovate, upgrade or build new system of collectors , waste water disposal;
b) construction of the regular solid waste, hazardous waste, the layout of equipment meet the requirements of the waste collection and match the sorting at the source server for handling concentrate;
c) planning, industrial village to relocate production facilities which cause serious environmental pollution out of the settlement;
d) propaganda, disseminated to the people know and apply new technologies less polluting.
3. Manufacturing facilities in the industrial zone, village must implement the following requirements on the protection of the environment: a) the waste water to be collected and transferred to the waste water treatment system; case handling system to the waste water waste water treatment measures of standard waste environment before;
b) solid waste must be classified at the source and move toward solid waste collected by waste management regulations; the case of solid waste containing harmful elements, they must be classified, collecting, storing, processing according to the regulations on the management of hazardous waste;
c) contribute funds to build infrastructure on the protection of the environment and environmental protection charges fully in accordance with the law.
Article 39. Environmental protection for hospitals, other medical establishments 1. Hospitals and other health facilities must perform the requirements of environmental protection: a) has a system or collection measures, medical treatment and regular operation, environmental standards;
b) dedicated device layout to triage, medical wastes at the source;
c) Has measures to handle, destroyed medical waste, disease, drugs expired use ensure sanitation, environmental standards;
d) plans, equipment, environmental incident response due to medical causes waste;
solid waste), waste water of patients must be treated to remove the primary pathogen infects risk before moving on the basis of processing, culling focus.
2. Hospitals, other medical treatment of infectious diseases must have quarantine measures in residential areas, water sources.
The hospital, the medical facility construction and treatment of infectious diseases is not set in the residential area.
3. The irradiation facility, medical equipment and instruments that use radioactive substances must meet the requirements of the nuclear safety and radiation safety rules in article 89 of this law and the law on safety of nuclear and radiation safety.
4. Workers in the hospital and other health facilities have activities related to the medical waste must be equipped with clothing, security equipment, avoid disease infection from medical waste.
5. Ministry of health coordinated with ministries, ministerial agencies, government agencies and people's committees of the relevant provincial direction, held the waste source statistics, reviews the level of contamination of the hospital and other health facilities; proposed measures to tackle pollution and instructions, check the implementation of the law on the protection of the environment for hospitals and other health facilities.
Article 40. Environmental protection in construction activity

1. Planning the building must comply with the standards and requirements for environmental protection.
2. The execution of construction works to ensure that the requirements of environmental protection: a) construction works in the settlement must take measures to ensure no spread of dust, noise, vibration, light exceeded the standard;
b) the transportation of construction materials must be done by the means of ensuring the technical requirements do not leak, scattered, pollute the environment;
c) solid waste, sewage and other waste types have to be picked up, handled environmental standards.
3. the people's committees, the Unit manages public order measures to be processed for home construction, vehicles violating the regulations on environmental protection.
Article 41. Environmental protection in transport operations 1. The traffic plan must comply with the standards and requirements for environmental protection.
2. Cars, motorcycles and other motorized vehicles are manufactured, assembled in the country or imported must ensure standards for exhaust, noise and have to be register agency check, confirmation was put into use.
The Ministry of transportation presided in collaboration with the Ministry of natural resources and the environment manual check, confirm environmental standard for cars, motorcycles and other vehicles.
3. Cars must have a certificate of environmental standards by the Ministry of transport of new supply is circulating.
4. Transport of raw materials, materials, waste must be screened not to cause environmental pollution scattered while in traffic.
5. The transport of goods, there is danger of causing material environmental issues must ensure the following requirements: a) use equipment, specialized media, guaranteed not to leak, disperse into the environment;
b) which permits transport of the State Management Agency of competent jurisdiction;
c) When shipped to the correct route and the time specified in the licence.
6. the State encourages owners of means of transport of goods risks causing environmental liability insurance of environmental damages.
Article 42. Protect the environment in the importing, transit goods 1. Machinery, equipment, vehicles, fuel, raw materials, chemicals, imported goods must meet environmental standards.
2. Ban the import of machinery, equipment, vehicles, fuel, raw materials, reagents, the following goods: a) machinery, equipment, vehicles do not meet environmental standards;
b) machinery, equipment, means of transport used for dismantling;
c) raw materials, fuels, materials, chemicals, goods in the import prohibition list;
d) machinery, equipment, means of radioactive infection, disease, other toxins not yet cleansed or not capable of cleaning;
DD) of food, medicine, drugs, plants, animal protection has expired or does not meet the quality standards of hygiene and food safety.
3. When the machinery, equipment, vehicles, fuel, raw materials, chemicals, goods subject to the provisions in paragraph 2 of this Article, the import cargo owners have to re-export or destroyed, disposed in accordance with the law on waste management; the case caused serious consequences to the environment, the custom properties, level of offense that dealt with administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
4. For goods, equipment, means capable of causing pollution, degradation and environmental problems in transit through the territory of Vietnam must be allowed and subject to environmental inspections of the State Agency on environment.
5. Ministry of Commerce coordinated with Ministry of natural resources and environment, the Ministry of finance, Ministry of, ministerial-level agencies, government agencies concerned implementation guide requirements for protecting the environment in the importing, transit goods.
43 things. Protect the environment in scrap imports 1. Scrap imports must meet the requirements of environmental protection: a) has been classified, clean, and not the material, articles, goods prohibited importation under the provisions of the law of Vietnam or the international treaties to which the Socialist Republic of Vietnam is a Member;
b) does not contain the waste, hazardous impurities, except non-hazardous substances being left out in the process of unloading, transportation;
c) list scrap imported by the Ministry of natural resources and environment regulations.
2. Organize, direct personal use scrap as raw materials, production recycling must have enough the following new conditions are allowed to import scrap: a) Has reserved for storing the wastes, ensure the conditions of protection of the environment;
b) Have sufficient capacity to handle the impurity comes with imported scrap;
c) technology, recycling, reuse of waste materials in environmental standards.
3. organizations and individuals importing scrap has the following responsibilities: a) the implementation of the provisions of the law on the protection of the environment and the other rules of a relevant law;
b) at the latest five days before unloading to notify in writing to the State administration of environmental protection, where the provincial manufacturing facility or warehouse, the import of scrap dump type, quantity, weight, gate scrap import, transit storing the scrap and scrap production takes place;
c) processed scrap accompanying impurities; not for sale, that impurities.
4. provincial people's Committee has the following responsibilities: a) check, detect, prevent and timely handling of violations of laws relating to import scrap;
b) annually, reported the Ministry of natural resources and environment, the situation of importing, using scrap and environmental issues related to import scrap locally.
5. Import of scrap is the kind of business conditions. Ministry of Commerce coordinated with Ministry of natural resources and environment, regulation, standard business conditions of the Organization, the individual imported scrap.
Article 44. Environmental protection in mineral operations 1. Individual organization when conducting the exploration, extraction and processing of minerals to have preventative measures, environmental incident response and made the request for protection, environmental restoration: a) collectors, sewage environmental standards;
b) collectors, solid waste disposal according to the regulations regarding solid waste management; the case of the waste has hazardous factors, the management regulation on hazardous waste management;
c) take measures to prevent and limit the spread of dust, toxic emissions into the environment around them;
d) environmental recovery following the end of exploration, mining, mineral processing.
2. Minerals must be stored, transported by specialized equipment, are screened to avoid dispersal into the environment.
3. The use of machinery, equipment, toxic chemicals in exploration, prospecting, mining, mineral processing must have technical certificate and withstand the test, supervision of the State administration of environmental protection.
4. The prospecting, exploration, extraction, transport and processing of oil and gas, other mineral that contains radioactive elements, toxic substances must comply with the regulations on chemical safety, nuclear safety, radiation and other provisions on the protection of the environment.
5. Ministry of industry coordinated with ministries, ministerial agencies, government agencies and people's committees of the relevant provincial statistics directing waste sources, evaluate the level of polluting the environment of the base extraction, mineral processing; inspect the implementation of the law on the protection of the environment of the facility.
Article 45. Environmental protection in tourism activities

1. organizations, personal management, exploitation, tourist resorts have taken measures to protect the environment: a) the listing rules on the protection of the environment at Resorts, and tourist guides;
b) installation, sufficient and reasonable layout of sanitation, waste collection equipment;
c) deployment of environmental hygiene.
2. Tourists are responsible to implement the following provisions: a) in compliance with rules and instructions on the protection of the environment of tourism, tourism;
b) Throw waste into the waste collection equipment the right place regulations;
c) keeping the restroom where the excursion;
d) Not harm the landscape, natural reserve, natural heritage, the organism at Resorts, destinations.
3. State Administration about travel in Central coordinated with ministries, ministerial agencies, government agencies and people's committees of the relevant provincial direction, guide, examine the implementation of environmental protection in tourism activities under the provisions of this law and the provisions of relevant laws.
Article 46. Environmental protection in agricultural production 1. The Organization, the individual production, imports, sales of fertilizers, plant protection drugs, veterinary drugs must comply with the provisions of the law on the protection of the environment and the other rules of a relevant law.
2. Do not be business, using plant protection drugs, veterinary drugs have expired or the allow list.
3. Fertilizers, plant protection drugs, veterinary medicine has expired; Tools, packing for fertilizers, plant protection drugs, veterinary after use must be disposed of according to the regulations on waste management.
4. concentrated breeding Areas must meet the requirements of environmental protection: a) ensure environmental hygiene for the settlement;
b) has a system of collectors, sewage environmental standards;
c) livestock waste should be managed according to the regulations on the management of waste, avoid spreading into the environment;
d) barn, the farm must be periodic sanitation; ensure prevention, epidemic preparedness;
DD) Identified pets die due to disease should be managed according to the regulations on hazardous waste management and hygiene and prevention.
5. The Ministry of agriculture and rural development coordinated with Ministry of natural resources and the environment, the provincial people's Committee steer, guide, examine the implementation of the law on the protection of the environment in agricultural production.
Article 47. Protect the environment in aquaculture 1. The Organization, individual manufacturing, importing and trading of veterinary drugs, chemicals in aquaculture must comply with the provisions of the law on the protection of the environment and the other rules of a relevant law.
2. do not use veterinary drugs, expired chemical use or allow list in aquaculture.
3. Veterinary medicines, chemicals used in aquaculture has expired; packing for veterinary drugs, chemicals used in aquaculture after use; mud and food deposited when cleaning in pond aquaculture must be picked, processed according to the rules on waste management.
4. concentrated aquaculture Areas are consistent with the master plan and meet the requirements of environmental protection: a) waste must be collected, processed, environmental standards on waste;
b) environmental recovery after decommissioning aquaculture;
c) ensure environmental sanitation, prevention of aquatic disease; not use hazardous chemicals or toxic buildup.
5. Not built concentrated aquaculture areas on the beach are formed the coastal estuary; mangrove deforestation to aquaculture.
6. Ministry of fisheries coordinated with Ministry of natural resources and the environment, the provincial people's Committee steer, guide, examine the implementation of the law on the protection of the environment in aquaculture.
Article 48. Environmental protection in buried 1. Where buried, interred must ensure the following requirements: a) is located, about how to meet the conditions of environmental hygiene, residential landscape;
b) do not pollute water sources, production.
2. The operations, marinated, move, buried bodies, remains to ensure environmental hygiene requirements.
3. The burial of dead due to the dangerous disease is done according to the regulations of the Ministry of health.
4. the State encourages citizens, people carry buried in the cemetery, the cemetery under planning; cremation hygienic, delete Xu continue buried environmental polluters.
5. organizations and individuals who operate funeral service to the correct observance of the provisions of the law on the protection of the environment and the legislation on hygiene in the room room.
6. The Ministry of health coordinated with ministries, ministerial agencies, government agencies concerned and the provincial people's Committee to steer and guide the implementation of environment protection in the activities specified in this article buried.
Article 49. Handling production facilities, business services, polluting the environment 1. The form processing for organizations, individuals, business activities, environmental polluters services are defined as follows: a) the fines and enforce measures to minimize waste, achieving environmental standards;
b) temporarily suspend operation until done environmental protection measures needed;
c) processed by other forms prescribed by the law on the handling of administrative violations;
d) where there is loss of life, human health, property and legal interests of the Organization, the individual as a result of the pollution of the environment shall have to compensation as defined in section 2 Chapter XIV of this law or prejudice criminal liability. 
2. Production facilities, business services, causing serious environmental pollution shall in addition be dealt with according to the provisions in clause 1 of this article, also dealt with one of the following measures: a) enforce the remedy of pollution, restoring the environment as specified in article 93 of this Act;
b) Forced to relocate the base to the location far from residential areas and in accordance with the load of the environment;
c) Prohibited activities.
3. Responsibility and authority to decide on the disposal facility for polluting the environment, causing serious environmental pollution is regulated as follows: a) the specialized agencies on the protection of the environment is responsible for the annual detection and make a list of the base cause environment pollution , causing serious environmental pollution in the area, reported the people's committees at the same level, the Ministry of natural resources and environment, ministerial-level agencies, Ministries, governmental bodies concerned;
b) provincial people's Committee decided the processing facility for polluting the local environment under the jurisdiction and according to the hierarchy of the Prime Minister;
c) Ministers, heads of ministerial agencies, heads of government agencies responsible for coordinating with the provincial people's Committee concerned decided to list and steer the organization performs the processing establishments pollute the environment management authority;
d) Ministry of natural resources and Environment coordinated with ministries, ministerial agencies, government agencies and the provincial people's Committee concerned the Prime Minister decided to list the base causing serious environmental pollution and the disposal for causing serious environmental pollution have the scale exceeds the authority or ability to handle of the , ministerial bodies, government agencies or provincial people's Committee.

4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Committee in the scope of the task, their powers are responsible for causing pollution as defined in clause 1 and clause 2 of this Thing.
5. Decides to treat for causing environmental pollution, which cause serious environmental pollution must be reported to the people's committees at district level, the social level where environmental pollution causing establishments in the public and for people to know to check, monitor.
6. Ministry of environmental resources and specific instructions about checking, inspection of the handling of causing environmental pollution.
7. the State encourages all organizations and individuals develop the processing technology to environmental pollution; support from the State budget, Land Fund, credit incentives and other resources to the task of handling causing serious environmental pollution.
Chapter VI protection of the URBAN ENVIRONMENT, article 50 SETTLEMENT. Environmental planning, urban residential area 1. The protection planning of the urban environment, the settlement must be a content of urban planning, residential.
2. content protection planning of the urban environment, including the residential zoning of land for the construction of infrastructure to protect the environment and the system infrastructure for environmental protection: a) system for collectors, the waste water treatment; the drainage system; base system collecting, gathering, processing, recycling solid wastes;
b) water supply system serving the living, production;
c) system of parks, amusement, recreation, public sanitation;
d) system of green, the waters;
funeral area).
3. Prohibited the construction of new production facilities, the underlying business risk of pollution, environmental issues in urban, residential areas.
4. provincial people's committees, district level have a responsibility to set, planning environmental protection according to the provisions of the law of building for urban planning, residential.
Article 51. Environmental protection requirements for the municipality, the residential focus 1. The municipality must meet the requirements of environmental protection: a) has the infrastructure of environmental protection consistent with urban planning, residential area of focus has been the competent State agencies;
b) have means of collection, solid waste activities focus match volume, types of waste and afford the waste reception has been classified at the source from the households in residential areas;
c) ensure requirements for urban landscaping, environmental sanitation.
2. concentrated residential areas must meet the requirements of environmental protection: a) has a drainage system, waste water in accordance with the environmental protection plan of the settlement;
b) has a concentration of garbage sanitation guarantee.
3. The owner of the new residential building, apartment must fulfill the requirements of the environmental protection provisions in paragraph 1 of this article shall be delivered put to use.
Article 52. Public environmental protection 1. Organizations, communities, households and individuals responsible for implementing the regulations on protecting the environment and preserving hygiene in public places; pour, put public garbage containers or the right place regulations focus waste; not to pet the cause of unhygienic public places.
2. organizations and individuals, communities to manage the Park, amusement, recreation, tourism, market, train station, bus station, dock, Harbour, ferries and other public areas have the following responsibilities: a) the listing rules on keeping hygiene in public places;
b) staffed the public sanitation; vehicles, equipment for waste collectors meet the needs to preserve environmental hygiene;
c) with enough force to collectors of waste, environmental hygiene in range management.
3. These violations of the law on the protection of the environment, preserving the rules of sanitation in public dealt with the following measures: a) a fine;
b) forced the sanitation workers have limited time in public;
c) custody related media cause environmental pollution.
4. the people's committees, public security forces, units of public order management in the scope of the task, their powers are responsible for the handling of violations of environmental protection in public under the provisions of the law on the protection of the environment and the other rules of a relevant law.
Article 53. Environmental protection requirements for household 1. Households are responsible for implementing the regulations on the protection of the environment: a) collecting and transfer of waste activities to the right place by keeping the environmental hygiene in the area of regulation; waste water discharge into the sewage collection system;
b) not distribute emissions, noise and other agents to exceed environmental standards affect health, the life of the surrounding community;
c) fully and on time the kind of environmental protection in accordance with the law;
d) active participation of sanitation neighborhood, village, alleys, public places and operation autonomy of environment protection of the community;
DD) Have sanitary farm, livestock, poultry and ensure sanitation, safe for human activity areas;
e) implementation of the rules on the protection of the environment in incense, a commitment to protect the environment.
2. Implementation of the provisions on the protection of the environment is one of the criteria of a cultural family.
Article 54. Organizations on the protection of the environment 1. The State encourages the establishment of community organizations on the protection of the environment where you live in order to perform the following tasks: a) check, urging households and individuals, make regulations on preserving and protecting the environment;
b) organized the gathering, gathering and processing of waste, the waste;
c) preserving cleanliness village roads, alleys, streets, public places;
d) elaborate and implement incense Convention on the protection of the environment; advocacy, lobbying the people removing the jar, unsanitary habit, harmful to the environment;
DD) participate in monitoring the implementation of the law on the protection of the environment of the production facilities, business, local services.
2. Organizations on the protection of the environment are established and operate based on the principle of voluntary, community, responsibility, comply with the provisions of the law.
3. the people's Committee of social responsibility rules of operation and create conditions to organizations about environmental protection works effectively.
Chapter VII PROTECTION of the MARINE ENVIRONMENT, WATER RESOURCES and RIVER WATER Category 1 SEA ENVIRONMENTAL PROTECTION Article 55. Marine environment protection principles 1. Environmental protection is a content of the overall planning of marine economic development in order to minimize the adverse impact on the environment of the sea and the sea of economic efficiency.
2. Preventing and limiting waste from land and from sea-based activities; proactive, coordinated response to the problem of sea environment.
3. Protection of the marine environment on the basis of the partition function of protection and use of natural resources.
4. Protection of the marine environment are associated with the integrated management of resources and the marine environment sustainable development.
Article 56. Conservation and rational use of sea resources 1. The resources of the sea must be investigated, evaluated, reserves the possibility of regeneration and economic value of serving the management and protection of the marine environment.
2. aquaculture operations, exploitation of marine resources, resources and other activities related to the extraction, use of sea resources must be done according to the planned use of natural resources was approved.

3. Activities in the natural conservation areas, mangrove forest, the natural heritage of the sea are subject to the regulations of the Board of management, the provisions of the law on the protection of the environment and the other rules of a relevant law.
4. Strictly prohibited the use of such measures, the means, the tools are destroyed in the extraction of resources and marine resources.
Article 57. Control, handling of pollution of marine environment 1. Effluents from land, production facilities, business services, municipalities, coastal settlement, on the sea, on the island must be investigated, stats, reviews and have solutions that prevent, limit the adverse impact for the environment of the sea.
2. Waste and other polluting elements from manufacturing operations, business services, construction, transportation, mining, sea transport must be controlled and handle environmental standards.
3. Oil, lubricants, drilling fluids, chemicals and other harmful substances are used in the exploration and exploitation of sea resources after use must be picked, stored in specialized equipment and must be disposed of according to the regulations on hazardous waste management.
4. Strictly prohibited all forms of waste dumped in the waters of the Socialist Republic of Vietnam.
Article 58. Prevention organizations, environmental incident response at sea 1. The Organization, individual mining operations, transportation, gasoline, oil, chemicals, radioactive substances and other harmful substances at sea must have plans, manpower, equipment and ensure prevention and environmental incident response.
2. rescue forces, national rescue, marine police force must be trained, coached, media equipment, equipment for ensuring the environmental incident response across the sea.
3. Owners of means of transport, goods store on the danger of causing environmental problems must have forms for notifying the forces specified in paragraph 2 of this Article and the Organization, other relevant individual is known and there is plans to prevent environmental incidents.
4. The Ministry, ministerial-level agencies, government agencies, provincial people's Committee in the scope of the functions, duties, their powers are responsible for the detection, warning, timely notifications about natural hazard, environmental issues and response organization, remedial.
Section 2 PROTECTING WATER ENVIRONMENT of RIVERS Article 59. The principle of environmental protection of river water 1. Environmental protection of river water is one of the basic content of the planned exploitation, use and management of water resources in the basin of the river.
2. The local watersheds are jointly responsible to protect the water environment in river basins; proactive cooperation by exploiting water resources in the basin of the river bring and ensure benefits for the community.
Article 60. Control, handling of pollution of water environment in river basin 1. Effluents on river basin must be investigated, statistics, reviews, and control solution, handling before waste into the river.
2. Waste from manufacturing operations, business services, construction, transportation, mining beneath the river and activities waste households living on the river must be controlled and secured environment protection requirements before the waste into the river.
3. The development of the new production, trading, services, urban population, concentrated in the basin of the river must be considered in the overall basin-wide, taking into account the elements flow, hydrological regime, load, self-cleaning ability of the river and the current state of the production business, services and urban development throughout the basin.
4. The evaluation report of environmental impact assessment for the new development project production zone, business, service, urban, residential, manufacturing, trading, large scale services in the basin must have joined the opinion of the provincial people's Committee where the river flows through.
Article 61. The responsibility of the provincial people's Committee for the protection of the water environment in river basin 1. The provincial people's Committee on river basin has the following responsibilities: a) public information sources that emit the river;
b) source control waste into the river water and handling of violations of environmental standards;
c) in collaboration with the authorities in identifying the object causing damage to the environment and solve environmental damage compensation in case the damaged objects in other localities on the basin.
2. provincial people's Committee on the sources of the River are responsible for coordination with the provincial people's Committee on downstream rivers during the investigation findings, identify the sources of pollution of river water and apply measures to handle.
The case of damage to the environment, the provincial people's Committee where damage occurs is responsible for coordinating with the authorities to organize the investigation, assessment of the extent of damage, and requesting the object causing damage to compensate.
3. provincial people's Committee where effluents are responsible to apply coercive measures forcing polluting objects of local environment to perform the obligation to redress and compensation in accordance with the law.
Article 62. Water environment protection organizations of the 1. Coordinating environmental protection activities in the waters of the river basin located in several provinces and cities under central are made according to the regulations of the Prime Minister.
2. provincial people's Committee on the responsible implementation of environmental protection measures of river water.
3. Ministry of environmental resources and for directing and guiding the implementation of the provisions of the Prime on the protection of the water environment of the river basin.
Section 3 ENVIRONMENTAL PROTECTION the OTHER WATER SOURCES to article 63. Environmental protection of water resources of Lake, pond, Canal, ditch, slashing 1. Water resource pools, ponds, canals, ditches, canals must be investigated, evaluated, quality and capacity to reconcile protection of water resources.
2. Pools, ponds, canals, ditches, canals in the town, the settlement must be planning to renovate, protection; the Organization, individuals are not stupid, build new buildings, houses on the water or on the banks of the adjacent water pools, ponds, canals, ditches, canals were planned; limit the maximum leveled pools, ponds in urban, residential areas.
Project owners stop the flow channel, ditch; the project leveled pools, ponds, canals, ditches, canals are reporting environmental impact assessment as prescribed by law.
3. do not pour soil, rock, gravel, sand, waste water, solid waste disposal has not passed environmental standards and other waste types on the surface of lakes, ponds, canals, ditches, canals.
4. provincial people's Committee is responsible for organizing the investigation, evaluation, quality and capacity planning for protection, regulate water regime of the Lakes, ponds, canals, ditches, canals; prepare and implement a plan to renovate or relocate the zone, housing clusters, works on lakes, ponds, canals and ditches, slit causing environmental pollution, flow blockages, ecosystem degradation and loss of wetland landscape of the town.
Article 64. Environmental protection water reservoirs serving the purpose of irrigation, hydro power 1. The construction, management and operation of the reservoir serves the purpose of irrigation, hydropower is tied to environmental protection.
2. Don't be stupid Lake area; pour solid waste, waste water, soil, rock has not yet processed into the Lake.
3. water environment in water reservoirs serving the purpose of irrigation, hydropower should be periodic monitoring to water quality performance forecasting, hydrological regimes to regulate water resources and protect the environment.

4. water reservoir management agency serves the purpose of irrigation, hydropower is responsible for implementing the provisions of this law and the provisions of relevant laws.
Article 65. Underground water environmental protection 1. Environmental protection in the exploration and exploitation of underground water are defined as follows: a) the underground water tapping projects have the capacity from 10,000 cubic meters in a day and night over to reporting environmental impact assessment;
b) only use the types of chemicals in the category permission of competent State agencies in exploration and exploitation of underground water;
c) prohibit the inclusion of underground water source the type of chemicals, toxic substances, waste, microorganisms has not been calibrated and other harmful agents for humans and creatures;
d) take measures to prevent the pollution of underground water resources through exploration drilling wells, tapping the water under the Earth; underground water extraction facility is responsible for environmental recovery area for exploration and exploitation; the holes drilled for exploration, mining drilling hole is no longer in use must be filled up again following the right process technique to avoid polluting ground water sources.
2. mineral extraction projects, other projects that use hazardous chemicals, radioactive material must take measures to ensure not to leak, disperse chemical, toxic waste, radioactive waste, water on the infected creatures on Earth.
3. chemicals, container handling facility, the burying hazardous waste must be guaranteed safe construction techniques, take measures to stop toxic chemicals will leach into underground water sources.
4. Ministry of natural resources and environment is responsible for directing the Organization of surveys, reviews, periodic monitoring, water quality reserves in the ground.
Chapter VIII WASTE MANAGEMENT section 1 GENERAL PROVISIONS Article 66 WASTE MANAGEMENT. Responsible waste management 1. Individual organizations have activities give rise to the waste have a responsibility to reduce, recycle, reuse, to limit the amount of waste to the lowest level are destroyed, disposed.
2. The waste must be identified waste sources, the volume, the nature to have methods and processes relevant to each type of waste.
3. organizations, individual manufacturing, business services, implementation of waste management was granted a certificate of environmental standards.
4. The waste management are made according to the provisions of this law and the provisions of relevant laws.
Article 67. Recovery of expired products, processed, used or disposed of 1. Home base business, production, services are responsible for recovery of expired products used or disposed below: a) of Radioactive Sources used in the manufacture, sales, service;
b) batteries, batteries;
c) electronic devices, power and industrial equipment;
d) lubricant, lubricants, packaging difficult decomposition in nature;
DD) drug products, chemicals used in industry, agriculture, and fisheries; medicines for human use;
e) means of transport;
g) Tires, tires;
h) other products by decision of the Prime Minister.
2. Prime the recovery provisions, the processing of the products specified in paragraph 1 of this article.
Article 68. Recycling of waste 1. The waste must be sorted at source according to the appropriate group for the purpose of recycling, disposal, culled and buried.
2. organizations and individuals have waste recycling activities, the provisions of article 67 products enjoy preferential policies according to the provisions of this law and the provisions of relevant laws.
3. organizations and individuals, construction waste recycling facility is state tax incentives, capital assistance, land to build waste recycling facility.
Article 69. The responsibility of the people's Committee of the level in the waste management 1. Planning, layout for the solid waste, construction waste water treatment systems concentration, the buried waste.
2. Investment, construction, operation of the public buildings service of waste management in its management scope.
3. check the examiner works, waste management of the Organization, the individual before put into use.
4. Enact and implement preferential policies, support for active management of the waste in accordance with the law.
Section 2 HAZARDOUS WASTE MANAGEMENT Article 70. Establishment, registration, licensing and code works hazardous waste management 1. Organization, individual activities hazardous waste or side receiving hazardous waste management must set the profile, register with the professional bodies on the protection of the environment.
2. organizations and individuals are eligible on the capacity to manage hazardous waste shall be licensed, active code hazardous waste management.
3. Ministry of environmental resources and regulating conditions of power and guide the establishment, registration, licensing, codes of practice for hazardous waste management.
Article 71. Gathering, sorting, temporary retention of hazardous waste 1. Individual organizations have activities give rise to hazardous waste have to organize classified, collectors or contract transferred to the receiving waste management hazardous waste collectors.
2. Hazardous waste must be stored temporarily in the specialized equipment guarantee do not leak, scattered, dispersed into the environment.
3. The organization, individuals must have plans, means of prevention of incidents caused by hazardous waste; not to be hazardous wastes with normal waste.
Article 72. Transport of hazardous waste 1. Hazardous waste must be transported by specialized vehicles, equipment, fit, take the time and route due to the competent authority on traffic flow regulation.
2. Only those organizations and individuals who have a permit to transport hazardous waste be transported.
3. Transport of hazardous waste must have the equipment, leak, scattered, incidents caused by hazardous waste.
4. organizations and individuals to transport hazardous waste responsible for status to the leak, the scattered, the problem of the environment during transport, loading and unloading.
Article 73. Hazardous waste 1. Hazardous waste must be handled by the method, technology, appropriate equipment with characteristic chemistry, physics and biology of each type of hazardous waste to ensure environmental standards; in case the country does not have the technology, the equipment must be kept in accordance with the laws and guidelines of the State administration of environmental protection until the waste is processed.
2. Only the Organization, individuals are state management agencies have the authority to license and new activity codes are involved hazardous waste disposal.
3. organizations and individuals investing in the construction of establishments handling hazardous waste have to report environmental impact assessment and the implementation of environmental protection requirements.
4. The transfer of responsibility for hazardous waste between the home birth activity waste and receiving parties responsible waste management is done by contract, certified by specialized agencies on the protection of the environment.
5. transfer of contract responsibility of handling hazardous waste must specify the origin, composition, type, processing technology, measures for burying the waste left after processing.
Article 74. The facility handled hazardous waste 1. The facility handled hazardous waste must meet the requirements of environmental protection: a) consistent with the master plan of collecting, handling, hazardous waste landfill was approved;
b) have signed the list of hazardous waste was handled;
c) Was registered and qualified technology of hazardous waste;
d) have the environmental safety distance for residential, natural reserve, underground water, surface water sources;

DD) planning and prevention equipment and environmental incident response;
e) designed, constructed in accordance with technical requirements and technological processes ensure hazardous waste environmental standards;
g) before putting into operation, must be the State administration of environmental protection authorities check to confirm;
h) hazardous waste before and after processing are stored in dedicated devices fit the type of hazardous waste;
I) ensure safety of life and health for employees working in establishments handling hazardous waste according to the provisions of the labour legislation.
2. The construction of coordinated with Ministry of natural resources and the environment regulation technical standards, guidelines, test, certify the basis of hazardous waste disposal.
Article 75. Hazardous waste landfill area 1. Hazardous waste landfill areas must meet the requirements of environmental protection: a) Is the correct layout planning, designed according to technical requirements for hazardous waste landfill area; c. environmental safety for residential, nature conservation area, surface, ground water serves the purpose of living; There are fencing and warning signs;
b) plans and equipment for prevention and environmental incident response;
c) guarantee the conditions of environmental hygiene, avoid spreading poison gas into the environment around them;
d) before putting into operation, must be the State Agency has the authority to check, confirm satisfactory reception techniques, hazardous waste landfill.
2. The construction of coordinated with Ministry of natural resources and the environment regulation technical standards, guidelines, test, confirm the hazardous waste landfill area.
Article 76. Planning on gathering, processing, burying hazardous waste 1. The building hosted in collaboration with the Ministry of natural resources and the environment and the provincial people's Committee established the national master plan on collecting, processing, burying hazardous waste the Prime Minister for approval.
2. The content of the national master plan of collecting, handling, hazardous waste landfill includes: a) investigate, evaluate and forecast the sources of hazardous waste generated, the type and volume of hazardous waste;
b) determine the location of establishments handling, hazardous waste landfill area;
c) establishing the method of collection, the route hazardous waste transportation, location, scale, type, the retention method; determine the processing technology, recycling, destruction, burying hazardous waste;
d) identify planning and resources make sure all types of hazardous waste must be full statistics and is radical processing.
3. provincial people's Committee has the responsibility to layout construction of burying hazardous waste according to the approved plan.
Section 3 COMMON SOLID WASTE MANAGEMENT Article 77. Regular solid waste classification 1. Solid wastes are commonly categorized into two main groups: a) the waste may be used for recycling, re-use;
b) waste must be destroyed or buried.
2. organizations and individuals arising waste typically has responsibility for implementing sorting at the source in order to improve the efficiency of waste management.
Article 78. Collecting, transporting conventional solid waste 1. The Organization, the individual production management, business, customer service focus, concentrated residential areas, public areas are staffed and properly specified equipment for collecting solid waste reception to match sorting at the source.
2. conventional solid waste must be transported in groups have been sorting at source, in the appropriate specialized equipment, ensure not scattered, scent dispersal during shipping.
Transport of waste in the municipality, the settlement only made by the competent authorities to be Threading the traffic regulations.
3. Solid wastes typically are of the highest leverage for the recycling, re-use; restricted disposing solid wastes are also often recycled value or used for other useful purposes.
Article 79. Recycle, destruction, burying the conventional solid waste 1. Recycling facility, the destruction, the solid waste burying usually must meet the following requirements: a) consistent with the master plan on collecting, recycling, destruction, burying solid waste often has been approved;
b) Not be located near residential areas, surface water sources, where can pollute underground water sources;
c) designed, built and operate secure handling thorough, savings, aggregate economic performance, does not pollute the environment;
d) Have waste water treatment sector arising from conventional solid waste;
DD) after construction is completed must be State administration of environmental protection check, confirm acceptance new waste and recycling operators, processing or burying the waste.
2. provincial people's Committee has the responsibility for directing the construction of the facility management, recycling, destruction, conventional solid waste landfill.
3. The construction of coordinated with Ministry of natural resources and the environment regulation technical standards, guidelines, test, certify the basis of recycling, destruction, urban solid waste landfill.
Article 80. Projecting of collectors, recycling, destruction, burying the conventional solid waste 1. Projecting of collectors, recycling, destruction, burying solid waste usually consists of the following: a) investigation, assessment, forecasting the emissions sources and the total amount of solid wastes generated;
b) reviews of classification at the source and the ability to recycle the waste;
c) determine the location, the scale of the collection point, recycle, destroy the buried waste zones;
d) selection of appropriate technology;
DD) determines the tempo and execution resources.
2. provincial people's Committee is responsible for layout, construction organization and management of the base collection, recycling, destruction, urban solid waste landfill on regular according to the approved plan.
3. The construction of coordinated with Ministry of natural resources and environment construction of a national master plan on collecting, recycling, destruction, burying solid waste usually process the Prime Minister for approval.
Item 4 WASTE MANAGEMENT Article 81. Collectors, sewage treatment 1. Urban, residential concentration must have separate collection system for rain water and waste water; waste water must be disposed in environmental standards before putting into the environment.
2. Waste water of production facilities, business services, manufacturing, business services, focus must be picked up, handled environmental standards.
3. Sewage sludge from wastewater treatment systems are managed according to the regulations regarding solid waste management.
4. Waste water, sewage sludge has hazardous factors must be managed according to the regulations on hazardous waste.
Article 82. Wastewater treatment systems 1. The following objects must have waste water treatment system: a) production zone, business, service focus;
b) zones, industrial villages;
c) production facilities, business services, service not connected to wastewater treatment systems focus.
2. wastewater treatment system must ensure the following requirements: a) Has technological processes consistent with the type of waste water need to handle;
b) Enough waste water treatment capacity consistent with the volume of sewage generated;
c) waste water treatment of environmental standards;
d) waste water outlet to the drain system must be put in place for the inspection, monitoring;
DD) operate regularly.
3. Home management of wastewater treatment systems have to perform periodic monitoring of waste water before and after handling. Monitoring data is stored as a base to inspect, supervise the operation of the waste water treatment system.
Section 5 MANAGEMENT and CONTROL DUST, emissions,

Noise, vibration, LIGHT, radiation Article 83. Manage and control dust, exhaust 1. The Organization, the individual production operations, business, the services have spread dust, emissions are responsible for the control and handling dust emissions, environmental standards.
2. Restrict the use of fuel, raw materials, equipment, means of toxic gas emissions into the environment.
3. Vehicles, machinery, equipment, buildings have spread dust, emissions must have filter parts, minimizing the emission of environmental standards, has the equipment of shielding or other measures to reduce dust, ensuring environmental standards.
4. Dust, emissions have harmful factors must be managed according to the regulations on hazardous waste management.
Article 84. Managing emissions causing the greenhouse effect, destroying the floor zôn box 1. Ministry of natural resources and environment is responsible for volume statistics greenhouse pollution within the country to implement international treaties to which the Socialist Republic of Vietnam is a member.
2. The transfer, buy and sell emissions quotas that cause the greenhouse effect of Vietnam with foreign government regulations by the Prime Minister.
3. the State encourages the production facilities, business services, reduce emissions that cause the greenhouse effect.
4. Prohibition of the manufacture, import, use substances degrade zôn box floor under the international treaties to which the Socialist Republic of Vietnam is a member.
Article 85. Limit noise, vibration, radiation, light 1. The organization or individual that cause noise, vibration, light, radiation exceed environmental standards are responsible for the control, handle environmental standards.
2. Production facilities, business services in residential areas causing noise, vibration, light, radiation exceeds the standard must implement measures to limit, reduce non-compromising activities, the health of communities.
3. medium density routes involved high traffic, construction noise, vibration, light, radiation exceeds the standard mitigation measures, must be overcome to meet environmental standards.
4. Prohibition of the manufacture, import, transport, trading and use of firecrackers. The manufacture, import, transport, trading and use of fireworks under the Prime Minister.
Chapter IX the PREVENTION, ENVIRONMENTAL INCIDENT RESPONSE, RECOVERY and pollution of the ENVIRONMENT section 1 PREVENTION OF ENVIRONMENTAL INCIDENT RESPONSE, Article 86. Prevent environmental incidents 1. Home base business, manufacturing, services, transportation risk causing environmental problems must take the following precautions: a) planning prevention and environmental incident response;
b), equipment and installation of equipment, tools, means of responding to environmental problems;
c) training, coaching, construct in place environmental incident response;
d) comply with the regulations on labor safety, perform a regular inspection regime;
DD) Has the responsibility to implement or recommend competent authorities made timely measures to eliminate the cause of trouble detecting signs of environmental issues.
2. content to prevent environmental problems caused by natural disasters including: a) build capacity forecasts, warning about the risk, of the kind of disaster that can cause environmental problems;
b) investigation, statistics, reviews the risk the kind of disaster that might occur within the country, each region;
c) construction planning works to serve the purpose of preventing, minimizing the damage in places prone to environmental problems.
3. Ministries, ministerial agencies, government agencies and the provincial people's Committee in the scope of its powers, duties performed the content specified in paragraph 2 of this Article.
Article 87. Biological safety 1. The Organization, the individual production operations, business services, about genetically modified organisms and their products must comply with the provisions of the law on biodiversity, food safety, plant breeding, livestock breeds and the provisions of relevant laws.
2. The organization, individuals are only allowed to conduct research, testing, production, business, use, import, export, store, transport of genetically modified organisms and their products in the catalogue are law and must meet the conditions of biosecurity and procedures prescribed by law.
3. Animals, plants, micro-organisms enter and transit must be the State Agency has the authority to allow and quarantine must be prescribed by the law on the quarantine of animals, plants, micro-organisms.
Article 88. Chemical safety 1. The Organization, individual manufacturing, trading, transporting, keeping, use or other activity related to the chemical is allowed only when the activity meets the conditions, procedures, chemical safety measures according to the provisions of the law on management, use of chemicals and the other provisions of the relevant laws.
2. Limiting the use of chemical fertilizers, chemicals, food and plant protection drugs, pollution, environmental degradation, depletion of biodiversity.
Article 89. Nuclear safety and radiation safety 1. Individual organizations have activities related to nuclear and radiation comprising: a) the exploration, extraction, refining the radioactive substance of natural origin;
b) storing, preserving, transporting radioactive material;
c) manufacturing, business services, raw materials radioactive, radioactive products;
d) product manufacturing, building construction induced electromagnetic radiation;
DD) using atomic, nuclear technology, equipment containing radioactive substances, electromagnetic radiation device;
e) export, import of raw materials, equipment, technology has a radioactive substance.
2. organizations and individuals, the provisions in clause 1 of this article must comply with the provisions of the law on nuclear safety, safe electromagnetic radiation.
3. nuclear safety, radiation safety must aim at the following objectives: a) causes no adverse effect on humans, creatures;
b) does not pollute the environment, adversely affecting environmental components;
c) does not cause the problem, environmental disaster.
4. nuclear safety standards, electromagnetic radiation safety is mandatory national standards apply and by competent State bodies.
Article 90. Environmental incident response 1. Responsibility for responding to environmental incidents are defined as follows: a) individual organizations caused environmental problems have a responsibility to implement emergency measures to ensure the safety of people and property; Organization of rescue people, property and promptly notify local authorities or professional bodies on the protection of the environment where the incidents occurred;
b) environmental incidents that occur at the base, the local head of the facility, which is responsible for local emergency mobilization of forces and means to respond to timely issues;
c) environmental incidents that occur within the many facilities, the local head of the base, where local issues have the same responsibility to coordinate response;
d) cases exceeds the ability of incident response basis, local emergency to the superior agency reports directly to promptly mobilize the base, other local environmental response; the facility, local mobilization is required to implement measures for responding to environmental problems within the scope of his ability.
2. Manpower, materials, vehicles used to respond to environmental incidents are reimbursement under the provisions of the law.
3. The response of special environmental issues seriously is done according to the provisions of the law on State of emergency.

4. The obligation to compensate for damage due to environmental causes is made according to the provisions of section 2 of chapter XIV of this law, the civil code and the provisions of relevant laws.
Article 91. Build the force response to environmental incidents 1. The State has the responsibility to construct, equip, a device forecast, warning of natural disasters, weather, environmental issues.
2. Production facilities, business services, is responsible for building capacity for prevention and response to natural disasters, environmental issues.
Section 2 pollution and RESTORE the ENVIRONMENT Article 92. The base to identify contaminated environmental area 1. Contaminated environment in case of one or more pollutants exceed the environmental quality standards.
2. The environment seriously polluted when concentrations of one or more chemicals, heavy metals that exceed the environmental quality standards from 3 times over or concentration of one or more of the other contaminants that exceed the environmental quality standards from 5 times over.
3. the contaminated environment is especially serious when concentrations of one or more chemicals, heavy metals that exceed the environmental quality standards from 5 times over or concentration of one or more of the other contaminants that exceed the environmental quality standards from 10 times over.
Article 93. Fix pollution and restore the environment 1. The investigation, identify contaminated environmental area includes the following content: a) the scope, limit contaminated environmental area;
b) pollution levels;
c) causes, responsibilities of the parties involved;
d) need work done to fix pollution and restore the environment;
DD) The damage to the environment as a basis to request the polluting party, recession must compensate.
2. Responsible for the investigation, identified contaminated environmental area are defined as follows: a) the provincial people's Committee organizing the investigation, identify contaminated environmental area;
b) Ministry of natural resources and the environment the Director of coordination of the provincial people's Committee held, investigate, identify contaminated environmental area is located on the area from two provinces, central cities.
The results of the investigation of the cause, scope, level of pollution and environmental damage must be public so that the people know.
3. organizations and individuals who pollute the environment has the following responsibilities: a) made the request of the State Agency on environment prescribed in clause 2 of this in the course of the investigation, determine the scope, limits, levels, causes, remedy the pollution and restore the environment;
b) proceed immediately to measures to prevent, limit the sources of polluting the environment and limit the spread, affecting the health and life of the people in the region;
c) make the remedy of pollution and environmental recovery at the request of the State Agency on environment specified in item 2 of this Article;
d) compensation under the provisions of this law and the provisions of relevant laws.
The case has many organizations and individuals together to pollute the environment, the State administration of environmental protection provisions in paragraph 2 of this Article are responsible for coordination with the parties concerned to clarify the responsibilities of each object in the pollution and restore the environment.
4. where the environment is contaminated by the disaster caused or unknown causes, the ministries, ministerial agencies, government agencies and people's committees of the levels in the range of tasks, their powers are responsible for the mobilization of resources to organize the handling , environmental pollution.
5. The case of contaminated areas located from the two provinces and cities under central over the pollution and restore the environment is done under the direction of the Prime Minister.
Chapter X INFORMATION and OBSERVATIONS ABOUT the ENVIRONMENT Article 94. Environmental monitoring 1. The current state of the environment and the impact on the environment to be monitored through the environmental monitoring program: a) the current state of monitoring of national environment;
b) observation of the effects on the environment from the operations of the industry, the field;
c) observation of the current state of the environment, the central cities;
d) observation of the environmental impact from the operation of the production facilities, business services, manufacturing, service, business focus.
2. Responsible for environmental monitoring are defined as follows: a) the Ministry of natural resources and the environment to organize the observation of national environmental status;
b), ministerial authority, the Government agency organizing the monitoring of the environmental impact from the operation of the industry, its management areas;
c) provincial people's Committee to organize the observation of the current state of the environment under the local scope;
d) Who manage, operate production facilities, business, service or manufacturing business, area, service focus is responsible for monitoring the impacts on the environment from the base.
Article 95. Environmental monitoring system 1. Environmental monitoring system include: a) The sampling stations, measurement of service activities in environmental monitoring;
b) The laboratory, the sample Analysis Center, data processing management and environmental monitoring.
2. environmental monitoring systems have to be planned and built, ensure monitoring requirements to provide information management and protect the environment.
3. organizations and individuals who have sufficient expertise and technical equipment are taking environmental monitoring activities.
Article 96. The planning system of environmental monitoring 1. The planning system of environmental monitoring include the following: a) investigation, the study identified monitoring objects and data to collect to serve the purpose of protecting the environment;
b) determine the density, scale, features of the sampling stations system environmental monitoring;
c) layout system equipment used in environmental monitoring;
d) determines the tempo and resources;
DD) training of human resources capable of performing the task of environmental monitoring.
2. establish accountability system planning, environmental monitoring is provided as follows: a) the Ministry of natural resources and the environment the overall planning for environmental monitoring system in the country the Prime Minister for approval; directs construction of unified data management and environmental monitoring;
b) specialized agencies about the environment protection planning provincial environmental monitoring network in the people's committees at the same level for approval;
c) Organization, individual production management, business services, focusing the organization build and manage networks of environmental monitoring in range management.
Article 97. Environmental monitoring program 1. Environmental monitoring programs include monitoring program and environment status monitoring program environmental impact from the socio-economic activities. Environmental monitoring program must be implemented uniformly, in sync.
2. Monitoring program the current state of the environment includes the following activities: a) periodically sampled to analyze and forecast the turning quality of soil, water, air;
b) follow the number, the composition, the status of natural resources;
c) follow the quality, quantity, composition, status of ecosystems, species and genetic resources. 3. Monitoring program environmental impact include the following activities: a) to track the number, status, turning up sources of adverse impact on the environment;
b) follow the number, the composition, the degree of harm of solid waste, emissions, discharges;

c) detecting, evaluating the cross-border impact to the environment in the country.
4. Ministry of environmental resources and guide the planning and implementation of environment monitoring program.
Article 98. Environmental indicator 1. Environmental indicators are the basic parameters that reflect the elements characteristic of the environment serves the purpose of reviews, follow the quality of the environment, the current state of the environment reporting.
2. Ministry of natural resources and the environment issued the nation's environmental directive to apply in both countries.
Article 99. The current state of the environment reporting provincial level 1. The current state of the environment reporting provincial level include the following: a) the status and soil environment quality performance;
b) status and water environmental quality performance;
c) status and evolutions of the air environment quality;
d) the status and number of happenings, the status, the quality of natural resources;
DD) status and quality performance, the status of the ecosystem; the number, species composition and genetic resources;
e) current state of the environment of urban, residential, manufacturing, business areas, service focused and villages;
g) areas polluted environment, recession, listing the base causing serious environmental pollution;
h) environmental issues contact búc and the main cause;
I) The remedy of pollution, degradation and improve the environment;
k) reviews the work of local environmental protection;
l) plans, programs, and measures to meet the requirements of environmental protection.
2. Periodically in a year, the provincial people's Committee has the responsibility for the current state of the environment reporting according to planning the social-economic development of the local people's Councils of the same level and report the Ministry of natural resources and the environment.
Article 100. Report the situation to the environmental impact of the industry, field 1. Report the situation to the environmental impact of the industry, the field includes the following: a) the status, number, turning the bad impact source with respect to the environment;
b) status, performance, composition, hazardous levels of waste by sector, field;
c) directory of causing serious environmental pollution and the situation was handled;
d) reviews the work of the environmental protection industry, field;
DD) predicts the challenge for the environment;
e) plans, programs, and measures to meet the requirements of environmental protection.
2. Periodically in a year, Ministry, ministerial-level agencies, government agency reporting the situation to the environmental impact of the industry, its management areas under a five-year plan period sent the Ministry of natural resources and the environment.
Article 101. National environmental report 1. National environmental reporting includes the following content: a) The environmental impact from the operation of the industry, the field;
b) national environmental performance and environmental issues contact búc;
c) reviews of the implementation of policy, legislation, organizational management and environmental protection measures;
d) forecasting challenges to the environment;
DD) plans, programs, and measures to meet the requirements of environmental protection.
2. Periodically in a year, the Ministry of natural resources and environment is responsible for national environmental reporting by States of economic development plans-National Socialists to the Government; the annual thematic reports on the environment.
Article 102. Statistics, data storage, information on the environment 1. Environmental data from environmental monitoring programmes have to be statistics, store catering to the management and protection of the environment.
2. The statistics, store data on the environment are specified as follows: a) the Ministry of natural resources and the environment in cooperation with the State administration of statistics in the Central Government to build a database of national environment;
b), ministerial-level agencies, government agency statistics, storing data on the environment of the industry, its management areas;
c the level of people's Committee) statistics, data stored on the local environment;
d) Who manage, operate production facilities, business, service or manufacturing business, area, service focus is responsible for statistics, storing data on the impacts on the environment, on the sources of waste, waste from their operations.
3. Ministries, ministerial agencies, government agencies, the people's Committee building responsibility system of gathering, processing, synthesis, storage and application of information technology in statistics, storing data on the environment.
Article 103. Published, providing information on the environment 1. The Organization, the individual production management, business, customer service focus, production facilities, business services, subject to reporting environmental impact assessment is responsible for the reporting of environmental information within its management with professional bodies on the protection of the environment.
2. Production facilities, business services, service not subject to the provisions in clause 1 of this article are responsible for providing environmental information related to his activities for the specialized agencies on the protection of the environment or district-level officials in charge of environmental protection social activity and place of publication of information on the environment to be residential community know.
3. Specialized agencies about the environment protection levels are responsible to report the information about the local environment for the superior authority directly and unveiled the information primarily about the environment periodically or on demand.
4. The Ministry, ministerial-level agencies, government agencies have a responsibility to periodically provide The resources and the environment, the State administration of statistics in the central environmental information related to the industry, their field Manager.
Article 104. Public information, data on the environment 1. Information, data about the environment here, except for the information in the category of State secrets, must be public: a) assessment report on the environmental impact, the decision to approve the report of environmental impact assessment and the plan of implementation of the requirements of the decision approving the report on environmental impact assessment;
b) is committed to protecting the environment have registered;
c) list, information about the types of waste, effluents have harmful risk to human health and the environment;
d) contaminated environmental area, the downturn in the levels of serious and particularly serious, the area of the crash risk for the environment;
DD) planning on collecting, recycling, waste management;
e) report the current state of the environment reports, environmental impacts of the industry, field and national environmental reports.
2. Publicity to ensure convenience for the related object information.
3. Agency for public information on the environment is responsible before the law for the accuracy, truthfulness, objectivity of information that is publicly available.
Article 105. Implementation of democracy on the protection of the environment 1. The Organization, the individual production management, sales, service; home base business, production, services; professional bodies, officials in charge of environmental protection responsibility with people, who labor in manufacturing, business services, about the situation of the environment, preventive measures, limited adverse impact on the environment and remedy polluted, degraded by one of the following forms : a) held meetings to disseminate to the people, the workers;
b) notification, in writing to the common people, the laborers are known.
2. in the following cases it must organize dialogue about the environment: a) at the request of the party in need of dialogue;
b) at the request of the State Agency on environment protection levels;
c) according to the letters of complaints, accusations, claims of the organisation or individual concerned.
3. Accountability, dialogue on the environment was defined as follows:

a requested Party to dialogue) send the requested party dialogue to explain issues or dialogue;
b) within a period not exceeding five working days from the date of receiving the request, the receiving party required to prepare the content of the answer, explanation, dialogue;
c) case of the State administration of environmental protection requires the Organization of dialogue, the parties concerned comply with the provisions of the requested authority.
4. The dialogue on the environment was carried out on the basis of the provisions of the law and under the chairmanship of the Committee people or professional bodies on the protection of the environment.
5. the results of the dialogue to be written into the record the comments thereon, to the agreement, as a basis to the responsible party relating implement or to review handling of breaking the law on the protection of the environment, environmental damage compensation.
Chapter XI PROTECTION OF ENVIRONMENTAL RESOURCES Article 106. Propaganda on environmental protection 1. The law on the protection of the environment, the mirror of the good, the good and the typical well in environment protection activities must be propaganda, disseminated widely and often.
2. State prizes, rewarding form of environmental protection for organizations, individuals with outstanding achievements in environmental protection activities; the Organization Forms learn about environmental protection to improve awareness and consciousness of environmental protection of the people.
3. Make good environmental protection is grounds for considering recognition, awarded the title of emulation.
4. Ministry of environmental resources and hosted, in cooperation with the Agency of information, advocacy, industry press, the levels are responsible for propaganda on environmental protection.
Article 107. Environmental education and training human resources environment protection tr? go 1. The population of Vietnam is the comprehensive environmental education in order to improve understanding and awareness of environmental protection.
2. environmental education is a mainstream programme content of the grant schools.
3. the State human resource training priorities to protect the environment, encourage all organizations and individuals involved in human resource training for environmental protection.
4. The Ministry of education and training hosted in collaboration with the Ministry of natural resources and environment direction, instructions for building and implementing environmental education programs and the training of human resources to protect the environment.
Article 108. Developing science, technology of environmental protection 1. State investment in scientific research on the environment; development, application, and technology transfer environment; encourage organizations and individuals promoting the initiative and apply technology solutions in environmental protection.
2. The State has preferential policies for technology transfer serves to solve the pressing environmental problems and handle the base cause serious environmental pollution.
3. organizations, individual property rights to environmental technology transfer, contracting services and minimizing waste.
4. The Ministry of science and technology in collaboration with The Chair, ministerial-level agencies, government agencies concerned to steer, guide and implement the scientific development, technology on the protection of the environment.
Article 109. Environmental industrial development, capacity building, environmental warnings 1. The State investment policies and encourage personal development, Organization for industrial environment.
2. the State is responsible for capacity-building, equipment and machinery, equipment, forecast, warning of natural disasters, weather; encourage every organization, individual active participants forecast, warning of environmental catastrophe in order to prevent and limit the adverse impact of natural disasters and environmental problems.
Article 110. Financial resources for environmental protection 1. Financing environmental protection include: a) to the State budget;
b) capital of the individual organizations to prevent and limit adverse impact for the environment from manufacturing operations, business services;
c) capital of the organization or individual for research activities, technological development, industrial and environmental services;
d) indemnification for damages on environment, environmental taxes, the cost of environmental protection, environmental fines and other revenue sources as prescribed by law;
DD) contributions, funding of organizations and individuals in the country and abroad;
e) preferential loans and grants from the environmental protection fund;
g) of loans from banks, credit institutions and other financial institutions in accordance with the law.
2. The State budget is spent on environmental career often consistent with the environmental protection requirements of each period; guaranteed annual budget growth rate for higher environmental career rate of growth of the State budget.
Article 111. The State budget on the protection of the environment 1. The State budget for environmental protection is used in the following purposes: a) the development of infrastructure to protect the environment;
b) regular Expenditure for environmental careers.
2. environmental career includes the following activities: a) management system and environmental analysis; capacity-building for disaster prediction, warning and prevention, environmental incident response;
b) basic investigation about the environment; implementation of the monitoring program the current state of the environment, the impact on the environment;
c) investigation, waste statistics, reviews the situation of pollution, degradation and environmental issues; capacity building waste recycling, hazardous waste, recycling operations support, handles, burying the waste;
d) support handle causing serious environmental pollution;
DD) management of public sanitation; equipment, means of garbage collection, sanitation in residential, public place;
e) perfecting and strengthening of the system of State management of environmental protection; construction and development of career organizations for environmental protection;
g) investigation, research, construction, testing, application of the advancement of science, engineering, technology on the protection of the environment; strategy, planning, planning, policy, mechanisms, standards, technical norms, management models on the protection of the environment;
h) serving inspection, checking the implementation of the law on the protection of the environment;
I) management information system, environmental data bases;
k) advocacy, dissemination, education and environmental legislation; training, professional training, management of environmental protection;
l) award, rewarded on the protection of the environment;
m) national gene bank management, care, feeding, breeding rare animals species threatened with extinction;
n) management of natural protected areas;
o) environmental career activities.
3. Every year, the Ministry of natural resources and environment is responsible for pooling funds for the environmental industry prescribed in clause 2 of this Ministry, ministerial-level agencies, government agencies and of the central cities, and in coordination with the Ministry of finance, the Ministry of planning and investment process of the Government.
Article 112. Environmental taxes 1. Organizations, households, individuals, business manufacturing some product grade cause long-term adverse impact on the environment and human health, they must pay tax on the environment.
2. The Government of the Congress decision, the tariff for the products, type of business, production of environmental taxes.
Article 113. Environmental protection charges 1. Individual organization to discharge emissions or activities give rise to bad impact sources on the environment to submit the environmental protection charges.
2. environmental protection fees specified on the basis of the following: a) the volume of the waste into the environment, the scale of influence of the bad impact on the environment;

b) toxic levels of waste, the extent of damage to the environment;
c) load of waste reception environment.
3. environmental protection fee is adjusted according to the roadmap consistent with socio-economic conditions and environmental protection requirements tr? markets of each stage of development of the country.
4. The entire revenue from environmental fees are used for direct investment in the protection of the environment.
5. The Ministry of finance in cooperation with the Ministry of natural resources and the built environment, the Government prescribed fees protect environment.
Article 114. Margin improvement, recovery setting in exploitation activities go? natural resources 1. The Organization, the individual exploit of natural resources must make improvement fund, environmental recovery according to the following rules: a) before exploitation must carry the kýý Fund in domestic credit institutions or funds of local environment protection where exploitation of natural resources; deposit depends on the scale of extraction, the adverse impact on the environment, the cost needed to renovate, restore the environment after exploiting;
b) Organization, personal deposit interest, escrow amount received after completing the restoration, the restoration of the environment;
c) Organization, the individual does not fulfill the obligation of environmental recovery, improvement or unsatisfactory implementation of the whole or part of the amount deposited was used to renovate, restore the environment where individual organizations that exploit.
2. The Prime Minister specified margin recovery and improving the environment for each type of resource and the Organization of the implementation of the provisions of this Article.
Article 115. The environmental protection fund 1. The environmental protection Fund's financial organization was established at Central, local, sector, industry, to support activities to protect the environment.
The State encourages enterprises, institutions, and individuals established the environmental protection fund.
2. Which operation of the national environmental protection fund, the fund industry, environmental protection, local field is formed from the following sources: a) to the State budget;
b environmental protection charges);
c) The compensation of environmental damage for the State;
d) fines for administrative violations in the field of environmental protection;
DD) grants, contributions, investment mandate of the Organization, individuals in and outside the country.
3. The authority established the environmental protection funds is provided as follows: a) Prime regulating the Organization and operation of the national environmental protection fund, environmental protection fund of the Ministry, ministerial-level agencies, government agencies, State Corporation;
b) provincial people's Committee decision on the establishment, organization and operation of the local environment protection fund;
c) Organization, individuals founded the environmental protection fund and operate by the rules of the Fund.
Article 116. Development of environmental protection services 1. The State encourages the Organization, personal business start-up services to preserve environmental hygiene to perform service activities to preserve hygiene, protection of the environment through the tender form in the following areas: a) collection, recycling, waste management;
b) observation, environmental analysis, environmental impact assessment;
c) technology transfer, development of production-friendly environment, environmental technology;
d) consulting, training, providing information on the environment;
environmental assessment) for machinery, equipment and technology; the assessment of the environmental damage;
e other services) on the protection of the environment.
2. Ministry of environmental resources and to coordinate with the ministries, ministerial agencies, government agencies concerned and the provincial people's Committee to guide the implementation of the provisions of paragraph 1 of this article.
Article 117. Preferential policies, support environmental protection activities 1. The State incentives, in support of land for environmental protection activities: a) build wastewater systems concentration;
b) recycling facility construction, solid waste disposal generally, hazardous waste, the landfill of waste;
c) build environment monitoring stations;
d) relocate the base cause serious environmental pollution;
DD) build the basis of environmental industry and environmental protection work to serve the interests of environmental protection.
2. The policy of tax reduction, exemption, fee for environmental protection activities are stipulated as follows: a) recycling operations, handle, burying the waste; the production of clean energy, renewable energy is exempt or reduce the sales tax, value added tax, environmental tax, environmental fee;
b) machinery, equipment, vehicles, instruments are used directly in the collecting, storing, transporting, recycling, waste management; observation and analysis of the environment; the production of clean energy, renewable energy tax exemption;
c) of recycled products from waste, energy obtained from the destruction of waste, these products replace natural ingredients are good for the environment are State subsidies.
3. organizations and individuals protect the environment investment priority for loans from the Fund to protect the environment; the case for loans in other credit institutions to invest in environmental protection shall be considered to support the interest rate after the credit guarantee investment or investment by the Fund's regulations to protect the environment.
4. The program, the environmental protection project of State key needed to use a large capital gain priority consideration for using official development assistance capital.
5. specific rules the Government incentive policies for environmental protection activities.
Chapter XII INTERNATIONAL COOPERATION on the PROTECTION of the ENVIRONMENT Article 118. Implementation of international treaties on the environment 1. International treaties are beneficial to the protection of the global environment, the regional environment and the domestic environment priority consideration to signed or joined.
2. International treaties on the environment to which the Socialist Republic of Vietnam is a member must be made in full.
Article 119. Environmental protection in the process of international economic integration and globalisation 1. The State encourages the Organization, individuals actively respond to requests about the environment to enhance the competitiveness of goods and services on the regional and international markets.
2. The Government steer the Organization reviews, predictions, planning to prevent and limit the adverse impact on the environment in countries in the process of international economic integration and globalization.
3. where necessary, the State applies national measures conform with international practices to protect the environment in the country.
Article 120. Expand international cooperation on the protection of the environment 1. The State encourages organizations and individuals to cooperate with organizations, foreign individuals, Vietnam people settled abroad in order to enhance the capacity and effectiveness of environmental protection in the country; advanced placement, the role of Vietnam on the protection of the environment in the region and internationally.
2. the State encourage, create favorable conditions for foreign individuals, institutions, Vietnam who settled in foreign investment, support human resources training activities, scientific research, technology transfer, nature conservation and other activities in the field of environmental protection.
3. Government direction, guiding the development and effective use of resources, effective international cooperation on the protection of the environment.
4. State of Vietnam to promote cooperation with neighbouring and regional countries to solve the problems of management, exploitation of natural resources and environmental protection are concerned.
Chapter XIII The RESPONSIBILITY Of STATE REGULATORS,

FACE of VIETNAM COUNTRY and CHERISH the MEMBER ORGANIZATIONS on the PROTECTION of the ENVIRONMENT Article 121. Responsible for managing the State of environmental protection by the Government, ministries, ministerial agencies, government agencies 1. The unified Government in State management of environmental protection within the country.
2. Ministry of environmental resources and responsible Government in the implementation of State management of environmental protection and has the following responsibilities: a) The Government or issued under the authority of the legal texts on the protection of the environment;
b) Government policy decision Process, strategy, the national plan on the protection of the environment;
c) presided over the proposed settlement or the Government, the Prime Minister addressed the environmental issues, contact the province;
d) building, the system of environmental standards as prescribed by the Government;
DD) directed the construction of the management system, national environmental monitoring and management system for environmental monitoring data;
e) direction, the Organization reviews the current state of the environment throughout the country serve the advocates, solution on the protection of the environment;
g) active unity management appraisal, approval of the environmental assessment report, the report on environmental impact assessment, sign a commitment to protect the environment within the country; Organization of appraisal report strategic environmental assessment; Organization of appraisal, approval of the report on environmental impact assessment in the jurisdiction; Guide to the registration of premises, environmental friendly products and certification of environmental standards;
h) Guide, test, inspection and disposal of ýlý violates the law on the protection of the environment; resolve disputes, complaints, accusations, proposals related to environmental protection according to the provisions of the law on complaints and denunciation and the provisions of the relevant legislation;
I) The Government of joining international organizations, signed or joined the international treaties on the environment; chaired the international activities on the protection of the environment with other countries, international organizations;
k) directing, inspecting the implementation of the law on environmental protection of the people's Committee;
l) ensure environmental protection requirements in the planning, land use plan of the country, the national strategy on water resources and general planning of the province; the overall strategy of national basic investigation, exploration, exploitation and processing of mineral resources.
3. Ministry of planning and investment has responsibility for coordinated with ministries, ministerial agencies, government agencies and provincial people's committees ensure environmental protection requirements in the overall planning, strategy and plans of social-economic development of the country, the region and the project , important work under the authority of the decision of Parliament, the Government, the Prime Minister.
4. The Ministry of agriculture and rural development is responsible for coordinated with Ministry of natural resources and environment, ministerial-level agencies, Ministries, government agencies concerned and the provincial people's Committee to steer, guide and check the implementation of the law on the protection of the environment and the other rules of law that are relevant for the production of , import, use, chemical plant protection drugs, fertilizers, agricultural waste; for the management of plant breeding, genetically modified livestock breeds and their products; with regard to the system of dikes, irrigation, water and forest conservation zone serves for living in the countryside.
5. The Department of industry is responsible for coordinated with Ministry of natural resources and environment, ministerial-level agencies, Ministries, government agencies concerned and the provincial people's Committee to steer, guide and check the implementation of the law on the protection of the environment and the other rules of law that are relevant for industrial sectors; handle the industrial base polluting the environment management authority seriously; directs the development of the environmental industry.
6. Ministry of fisheries is responsible for coordinated with Ministry of natural resources and environment, ministerial-level agencies, Ministries, government agencies concerned and the provincial people's Committee to steer, guide and check the implementation of the law on the protection of the environment and the other rules of law that are relevant for the field of aquaculture activities , mined, processed fishery products; genetically modified aquatic organisms and their products; the marine protected areas.
7. The Ministry of construction is responsible for coordinated with Ministry of natural resources and environment, ministerial-level agencies, Ministries, government agencies concerned and the provincial people's Committee to steer, guide and check the implementation of the law on the protection of the environment and the other rules of law that are relevant for the activities of building water supply infrastructure , drainage, solid waste and waste water in the municipality, the production service focus, production of building materials, craft villages and rural residential areas of focus.
8. The Ministry of transport has responsibility for coordinated with Ministry of natural resources and environment, ministerial-level agencies, Ministries, government agencies concerned and the provincial people's Committee to steer, guide and check the implementation of the law on the protection of the environment and the other rules of law are relevant to the operation of infrastructure construction traffic and transportation activities.
9. The Ministry of health directs, guides, check out the medical waste management; environmental protection in medical establishments, food safety and operating funeral.
10. The Ministry of defence, the Ministry of public security is responsible for mobilizing the forces respond, troubleshoot the environment; steer, guide, inspect, inspect the environmental protection work in the armed forces under the control of management.
11. The other Ministries, ministerial agencies, government agencies are responsible for performing the tasks specified in this law and in coordination with the Ministry of natural resources and the environment, direction instructions, check the implementation of the law on the protection of the environment in its management scope.
Article 122. Responsible for managing the State of environmental protection of the people's Committee of the level 1. The provincial people's Committee has the responsibility to implement state management of environmental protection locally according to the following provisions: a) issued under authority rules, mechanisms, policies, programs, plans on the protection of the environment;
b) direction, implementation strategies, programs, plans and mission on the protection of the environment;
c) directing the construction, management of environmental monitoring systems;
d) directs the organization periodically reviews the current state of the environment;
DD) Organization, approving evaluation reports environmental impact assessment authority;
e) advocacy, legal education on the protection of the environment;
g) directs the work of inspection, test, handle breaking the law on the protection of the environment; resolve disputes, complaints, accusations, proposals on the environment in accordance with the law on complaints and denunciation and the provisions of the relevant legislation; in collaboration with the provincial people's Committee in relation to solve environmental issues contact the province.
2. the people's committees at district level are responsible for implementing State management of environmental protection locally according to the following provisions: a) issued under authority rules, mechanisms, policies, programs, plans on the protection of the environment;
b) direction, implementation strategies, programs, plans and mission on the protection of the environment;
c) organization registration and check the implementation of the commitment to protect the environment;
d) advocacy, legal education on the protection of the environment;

DD) directing the inspection, inspectors, process violates the law on the protection of the environment; to resolve the dispute, complaint, report and recommendations on the protection of the environment in accordance with the law on complaints and denunciation and the provisions of the relevant legislation;
e) in coordination with district-level people's committees concerned to solve the environmental problems related to the district;
g) made the task of State management of environmental protection under the authorization of the State administration of environmental protection;
h) directs the work of the State administration of environmental protection of the people's Committee of the social level.
3. the people's Committee of social responsibility to implement state management of environmental protection locally according to the following provisions: a) the direction, planning and organizing mission protecting the environment, preserving local sanitation, residential in its management scope; advocacy organization people content construction of environment protection in the Convention of the townships community; instructions of putting environmental protection criteria in the assessment of Hamlet, village, Hamlet, a wholesale, phum, family and culture;
b) examine the observance of the law on the protection of the environment of individual household;
c) detected and processed under the authority of violating the law on the protection of the environment or the report of the State administration of environmental protection supervisor;
d) reconciliation of environmental disputes arising under the provisions of the law on conciliation;
DD) manage the operation of Hamlet, village, Hamlet, a wholesale, phum, care, population groups and organizations about preserving the environment, protect the local environment.
Article 123. Professional bodies, officials in charge of environmental protection 1. Ministries, ministerial agencies, government agencies must be held or the Professional Division of the environmental protection consistent with the task of protecting the environment in the industry, be sector management interface.
2. The province, central cities, districts, counties, towns and cities in the province must be held or the Department of environmental protection expertise helps people's committees at the same level on the management of local environment.
3. the people's Committee of the social layout of the officers in charge of protecting the environment.
4. The State Corporation, corporations, management of industrial zones, export processing zones, hi-tech zone, economic zones and production facilities, business services, hazardous waste or risk environmental incident happens to have specialized departments or officials in charge of environmental protection.
5. Government regulations on the Organization and activities of the specialized agencies on the protection of the environment as defined in clause 1 and clause 2 of this Thing.
Article 124. The responsibility of the Vietnam Fatherland Front and the Member organization 1. Vietnam Fatherland Front and the Member organizations in the scope of its powers, duties of responsible advocacy, lobbying members of the organizations and people involved in environmental protection; monitoring of the implementation of the law on the protection of the environment.
2. State administration levels are responsible for facilitating the Vietnam Fatherland Front and the Member organizations involved in environmental protection.
Chapter XIV the OMBUDSMAN, handling COMPLAINTS, VIOLATIONS, accusations and ENVIRONMENTAL DAMAGES section 1 INSPECTION, handling of violations, COMPLAINTS, accusations ABOUT the ENVIRONMENT Article 125. The environmental protection inspector 1. The environmental protection inspector is the specialized inspection of environmental protection.
Environmental protection inspectors have uniforms and badges, have the equipment and facilities required to carry out the task.
2. The authority, the Mission of the environmental protection inspector is made according to the provisions of the law on the Ombudsman.
3. specific government regulations on the Organization and operation of the environmental protection inspector.
Article 126. Responsible for test execution, environmental protection inspector 1. Responsible for implementing inspection, environmental inspections are specified as follows: a) to the Minister of natural resources and environment, the Chairman of the provincial people's Committee has the responsibility to examine and decide the inspection of environmental protection activities under the provisions of this law and other provisions of the law on the Ombudsman;
b) the environmental protection inspection Department of the Ministry of natural resources and the environment examined, inspected the implementation of environment protection of the production facilities, business services, under the authority of approval to the report environmental impact assessment by the Ministry of natural resources and environment, ministerial-level agencies, Ministries, government agencies; in collaboration with the specialized inspection of environmental protection of the Ministry of defence and the Ministry of public security to check, inspect the protection of the environment of the subdivisions;
c) Inspector of the provincial environment protection inspection, inspection of the implementation of environment protection organizations, local business units with respect to the project authority approved assessment report on the environmental impact of provincial people's committees, the central cities and the jurisdiction test project the Inspector, Ministry of natural resources and the environment in case of signs of breaking the law on the protection of the environment;
d-level people's committees) examine, inspect the implementation of environment protection agencies, business units, except for the units specified in point c of this paragraph and of the production facilities, business services, small scale;
the people's Committee) examine the township level of environment protection of individual households.
Where necessary, inspection of environmental protection level, district level people's committees have a responsibility to assist, in cooperation with the people's Committee of social inspection, the inspection on the protection of the environment for the Organization, the individual has a serious breach of the law on the protection of the environment.
2. State administration levels, relevant professional bodies have a responsibility to assist, in cooperation with the environmental protection inspector during the inspection, checking the implementation of environment protection in the event of the request.
3. The number of times the check, the Inspector of environmental protection at most twice a year for a production base, sales, service, except in case of manufacturing facilities, business services, which were denounced as violating or signs violated the law on the protection of the environment.
Article 127. Handle violation 1. People who violate the law on the protection of the environment, the custom properties, the extent to which sanctioned violations administrative violations or prejudice criminal liability; If the cause of pollution, degradation, environmental incidents, causing damage to other individuals, organizations have to overcome pollution, restoring the environment, compensation under the provisions of this law and the provisions of relevant laws.
2. The head of the Organization, officer, servant taking advantage of position and powers, troubling interference for the Organization, citizens, covering for people breaking the law on the protection of the environment or the lack of responsibility to occur, serious environmental problems, the custom properties, the extent to which violations were disciplined or suffer prejudice criminal liability; the case of damage, must be compensated according to the provisions of the law.
Article 128. Complaints, accusations, claims about the environment 1. The Organization, individuals have the right to complain to the competent State agencies or suit in the courts about violations of the law on the protection of the environment, infringe the rights, legitimate interests.
2. Citizens have the right to report to the authorities, who have jurisdiction over the violation of the law on the protection of the environment: a) pollution, degradation, environmental problems;
b) infringe the rights of, the interests of the State, communities, organizations, families and individuals.

3. State authorities, who have jurisdiction to receive complaints, accusations have a responsibility to consider and resolve in accordance with the law on complaints and denunciation and the provisions of this law.
Article 129. Environmental disputes 1. The content dispute about the environment including: a) dispute about rights, responsibilities for environmental protection in the exploitation and use of components of the environment;
b) disputes on determining the cause of pollution, degradation, environmental problems; about the responsibilities of handling, recovery, compensation for damage caused by pollution, environmental degradation, caused.
2. The parties to the dispute about the environment including: a) individual organizations use environmental component of dispute together;
b) Between organizations, individuals, using the components of the environment and the Organization, individuals are responsible for renovating, restoring contaminated environmental area, degradation, environmental damages.
3. The environmental dispute resolution is made under the provisions of the law of civil dispute resolution outside of the contract and the provisions of relevant laws.
4. environmental disputes over Vietnam that one side is held, foreign individuals are resolved according to the law of Vietnam; except where otherwise specified in international treaties to which the Socialist Republic of Vietnam is a member.
2 entries for COMPENSATION of DAMAGE CAUSED by pollution, ENVIRONMENTAL DEGRADATION Article 130. Damage caused by environmental degradation, pollution damage caused by pollution, environmental degradation, including: 1. the functional impairment, the usefulness of the environment;
2. Damage to health, human life, property and legal interests of the Organization, the individual as a result of the decline in function, the usefulness of environmental causes.
Article 131. Determine the damage caused by pollution, environmental degradation 1. The decline in function, the usefulness of the environment include the following: a) levels Have declined;
b) serious decline;
c) decline is especially serious.
2. Determining the scope, limit the impaired environment functions, usefulness include: a) to determine the limit, the area of the region, the core being serious decline and particularly severe;
b) define, direct buffer area declined;
c) define an area of other affected regions from the core zone and buffer zone.
3. The determination of the environmental components declined include: a) determines the number of impaired environment component, type of ecosystem, species loss;
b) extent of the damage of each of the components of the environment, the ecosystem, the same species.
4. The calculation of the cost of environmental damage is defined as follows: a) calculates the cost of immediate and long-term damage caused by the decline of function, the usefulness of environmental components;
b) calculate the costs of handling, renovate, restore the environment;
c) costing minimize or counteract damaging sources;
d) poll related objects;
DD) Custom specific conditions may apply one of the measures provided for in points a, b, c and d to calculate the cost of environmental damage, as a base to claim and settle the environmental damages.
5. Determining the damage caused by the deterioration of the function, the usefulness of the environment are conducted independently or in coordination between the party causing damage and the damaged party.
Each side of the case or the parties have requested the specialized agencies on the protection of the environment is responsible for joining instructions how to calculate, determine damages or witnessed the determination of damages.
6. The determination of damage to health, of human life, property and legal interests of the Organization, by personal causing pollution, degradation of the environment is done in accordance with the law.
7. The Government guides the determination of damage caused by pollution, environmental degradation.
Article 132. The assessment of damage caused by deterioration of function, the usefulness of the environment 1. The assessment of damage caused by deterioration of function, the usefulness of the environment made at the request of the Organization, the individual suffers damage or resolve the compensation of environmental damage.
2. damage assessment base is demanding compensation profiles, data, information, evidence and other bases related to compensation for damage and damage objects.
3. The selection of Examiners of damage must be approval by the party and the right to compensation; the case the parties do not unify the selected assessment of damage by the Agency was given the responsibility to resolve the compensation decision.
Article 133. Solve environmental damage compensation The compensation of environmental damage are defined as follows: 1. Order and agreement of the parties;
2. Request the arbitrator to resolve;
3. Sue in the courts.
Article 134. Liability insurance for environmental damage compensation 1. The State encourages the business insurance business insurance operations performed for responsible environmental damages.
2. the State encourages the Organization, the individual production operations, business, insurance services responsible for environmental damages.
3. organizations, individuals with underlying activity risks causing major damage to the environment, they must purchase liability insurance for environmental damages.
Chapter XV TERMS and ENFORCEMENT of Article 135. Effect of this Law has effect from 1 July, 2006.
This law replaced the environmental protection Law of 1993.
Article 136. Government enforcement guide detailing and guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam tags XI, session 8 through November 29, 2005.