The DECREE instructed the environmental protection law enforcement _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law on environment protection 27 December 1993;
According to the recommendation of the Minister of science, technology and environment, the DECREE: chapter one: GENERAL PROVISIONS article 1. This Decree regulates in detail the enforcement of environmental protection laws are National Assembly of Socialist Republic of Vietnam passed on 27 December 1993 and President ordered publication No. 29-L/CTN on January 10, 1994.
Article 2. The provisions of this Decree shall be applicable to all activities of the Organization, individuals, organizations, Vietnam foreign individuals on the territory of the Socialist Republic of Vietnam was the environmental protection Law regulations.
Article 3.
The regulation on the protection of the environment are relevant to international relations must be organized and conducted in accordance with the provisions of the environmental protection Law, other relevant provisions of the law of Vietnam, of the international treaties to which Vietnam has signed or joined.
In the case of international treaties to which Vietnam signed or joined other provisions with the provisions of this Decree shall apply the provisions of international treaties.
Chapter 2: ASSIGNING RESPONSIBILITY DIVIDES the STATE MANAGEMENT of ENVIRONMENTAL PROTECTION; The RESPONSIBILITIES of ORGANIZATIONS and INDIVIDUALS with REGARD to the PROTECTION of the ENVIRONMENT article 4.
1-Ministry of science, technology and environment made the unification of State management of environmental protection within the country, is responsible for organizing and directing the activities of environmental protection within the scope of its mission, functions as follows: a) building and the Government issued , issued under the authority of the law on the protection of the environment;
b) building and the strategic decisions, Government policy on the protection of the environment;
c) chaired the construction, the Government decided to organize and coordinate the long-term and annual plans on prevention, remediation of environmental degradation, environmental pollution, environmental issues, about the work of environmental protection and the work related to environmental protection;
d) Organization, construction, management of common monitoring system about the environment;
DD) reviews the current state of the environment reporting periodic country, the Government and the National Assembly;
e) evaluation report assessing the environmental impact of the project, the facilities as defined in CHAPTER III of this Decree;
f) directing research, applied science, technology advances in the field of environmental protection; the Organization of construction and application of the system of environmental standards; granted, revoked the certificate of environmental standards; staff training organization for environmental science and management, protection of the environment;
g) instructions, check the local departments, organizations and individuals in the implementation of the law on the protection of the environment, organizing inspection environment, resolving complaints, accusations related to environmental protection within the scope of the authority;
h) The Government participation of international organizations, signed or participated in international treaties on the protection of the environment, to conduct international activities related to environmental protection.
2-the Environment Agency assists the Minister of science, technology and environment to perform state management functions on the protection of the environment within the country.
The duties, powers, organization of the Department of the environment by the Minister of science, technology and environment regulations.
Article 5.
1-ministries, ministerial agencies, government agencies according to the functions, duties and powers of their responsibility to implement state management of environmental protection are as follows: a) building and the Government issued, issued under the authority of the text on the protection of the environment in the industry charge range consistent with the provisions of the law on environmental protection;
Building strategies, policies on environmental protection of the industry consistent with the strategy, the general policy on the protection of the environment of the country;
b) directing and inspect the implementation of the provisions of the law, the plans and measures on the protection of the environment under the guidance of the Ministry of science, technology and the environment within the industry itself and the facilities administered directly;
c) manages the work of the industry related to environmental protection;
d) coordinating the evaluation report assessing the environmental impact of the project, the production base of business, as defined in CHAPTER III of this Decree;
DD) to resolve the dispute, complaint, report, handle petitions violated the law on the protection of the environment within the scope of the authority by law.
2-ministries, ministerial agencies, government agencies, in coordination with the Ministry of science, technology and environment to conduct the following work: a) investigation, observation, research, reviews the current state of the environment within the industry;
b) build process of the Government decision and implementation plan of prevention, overcoming environmental degradation, environmental pollution, environmental issues within the industry;
c) research, applied science, technology advances in the field of environmental protection in the scope of the industry.
d) education, advocacy, dissemination of knowledge, the law on the protection of the environment within the industry.
Article 6.
1-the people's committees of the province, central cities are responsible for implementing State management of environmental protection are as follows: a) issued under the authority of the text on the protection of the local environment;
b) directing and inspect the implementation of the provisions of the local government, the local environmental protection;
c) evaluation report assessing the environmental impact of the project, the facilities as defined in CHAPTER III of this Decree;
d), revoke the certificate in environmental standards for manufacturing, business;
DD) coordination with central agencies in operation check, inspect, handle the breaking the law on the protection of the local environment; urge the organizations and individuals implement the provisions of the law on the protection of the environment;
e) reception, resolving the dispute, complaint, report and recommendations on the protection of the environment within the scope of the powers to be delegated or transferred to the authority competent to handle.
2-Department of science, technology and environment, responsible to the provincial people's Committee, the central cities perform state management of environmental protection in local.
The duties, powers, organization of the Department of science, technology and the environment in the field of environmental protection in the local people's Committee, the city of centrally regulated under the guidance of the Ministry of science, technology and the environment.
Article 7.
The State organs, the people's Union has a responsibility in protecting the environment as follows: 1-ensure the implementation of adjustment at the Agency headquarters, the Union, the provisions of the law, of the Central and local authorities on the protection of the environment;
2-advocacy, education to raise your real responsibility of the members of the Agency, held in the protection of the environment;
3-within the scope of their powers, responsibility, education, test or monitor the enforcement of laws on environment protection, fine, timely reports to the competent organs handling the action violates the law on the protection of the environment.
Article 8. The Organization of production, business responsibility to strictly implement the provisions of the law of: 1-environmental impact assessment; ensure the proper implementation of the environmental standards; prevention, remediation of environmental degradation, environmental pollution, environmental issues;

2-financial contribution to environmental protection, compensation for damage due to acts of damaging the environment in accordance with the law;
3-provide adequate documentation and create conditions for the test group, inspector or inspectors on duty; decision of the Executive Inspector or Inspector;
4-advocacy, education to raise the awareness of officials and workers in the protection of the environment; periodically report to the State administration of environmental protection locally about the current state of the environment in their activities.
Chapter 3: ENVIRONMENTAL IMPACT ASSESSMENT article 9. The owner, the owner of the project or the Director of the Agency, enterprise ... in the following object must implement the environmental impact assessment: 1-The master plan for the development, planning, industry development plan, the province, the central cities, the urban planning, residential;
2-economic projects, science, health, culture, social security, Defense;
3-The project by foreign individuals or organizations, international organizations, investment, aid, loans or venture taken on the territory of Vietnam;
4-the project said in the paragraph 1, 2 and 3 of this Article was October 1, 1984 but has not conducted environmental impact assessment as required;
5-The basis of economy, science, culture, health, social security, Defense has been active from before July 10, 1994.
Article 10.
1-content of the environmental impact assessment include: a) reviews the current state of the environment in the area of operation of the facility or project;
b) reviews the impact occurs to the environment due to the project's activities or facilities;
c) propose measures to handle the environment.
2-The content of the talk in this article be made into a separate report called the report on environmental impact assessment.
Article 11.
1-for the objects mentioned in clause 1, 2, 3 and 4 of article 9, the build report of environmental impact assessment to be conducted in two steps: preliminary and details (separate the objects mentioned in clause 4 only reviews in detail).
The content of the report reviews the environmental impacts are specified Annex i. 1; (*)
The content of the report reviews the environmental impact details are specified in Annex i. 2. (*) 2-for the objects mentioned in clause 5 article 9, the content of the report reviews the environmental impacts are defined in Annex i. 3. (*) article 12.
1-The method of environmental impact assessment are used to ensure objectivity, scientific, practical and consistent with current international level.
2-the report of environmental impact assessment by the agencies and organizations that are qualified and professional staff on the basis of the material performed.
3-reporting to conduct environmental impact assessments must use environmental standards in Vietnam. For the field of environmental standards yet, need the written agreement with the State administration of environmental protection.
Article 13. Application for appraisal reports of environmental impact assessment, including: 1-for the objects mentioned in clause 1, 2, 3 and 4 of article 9: a) assessment report on the environmental impact, b) project profile and the related Appendix.
2-for the objects mentioned in clause 5 of article 9: a) assessment report on the environmental impact, b) reports the current state of business and production operations of the facility and other related issues.
3-application for assessment is made up of 3 a. For the objects mentioned in clause 3 of article 9, the text should be made by Vietnamese.
Article 14.
1-the evaluation report assessing the environmental impact of the project and the active base are classified into 3 levels: the central level a) by Ministry of science, technology and environment assessment. Customize the specific case, the Ministry of science, technology and the environment can be specialized for credentials evaluation;
b) locally by the Department of science, technology and environment assessment.
2-Ministry of science, technology and the environment is responsible for the construction process of the Government portfolio of projects that reported environmental impact assessment need to be given to the National Assembly for consideration.
Article 15.
1-the evaluation of the report reviews the environmental impact caused by the State administration on the protection of the environment is responsible.
2-in case the required establishment of authority: a) the central authority granted by the Minister of science, technology and environment decision-making established.
b) provincial authority, central cities by the provincial people's Committee Chairman, the central cities of decision-making established.
3-component Assembly include scientists, management, there may be representatives of social organizations and representatives of the people. The number of Board members not exceeding 9 persons.
Article 16.
Time evaluation report environmental impact assessment not exceeding 2 months from the date of the full text.
For record objects in paragraph 3 of article 9 evaluation period must match the time allotted for the licensing of investment.
Article 17. The State administration of environmental protection is responsible for overseeing the technical design and implementation of environmental protection measures according to the recommendations of the Board of evaluators.
Article 18.
The absence of agreed with the conclusions of the authority, the owner, the owner of the project or the Agency Director, enterprise ... have the right to complain to the Agency has decided to set up the Council and the State administration of environmental protection.
The complaint should be considered resolved within 1 to 3 months from the date of the application.
Article 19. With regard to the subjects mentioned in article 9 of this Decree in the management of the Ministry of Defense, Ministry of Interior. The Minister of Defense, Minister of interior construction and organization of evaluation report the evaluation of environmental impact under the guidance of the Ministry of science, technology and the environment.
Article 20.
1-for the objects mentioned in clause 5 article 9 of this Decree, the construction and evaluation of reported environmental impact assessment must be conducted step by step and within the time limit under the guidance of the Ministry of science, technology and the environment.
2-results of the evaluation report assessing the environmental impact of the active establishments are classified into the following four types to handle: a) are allowed to continue to operate is not processed in terms of the environment;
b) To invest in construction of waste treatment facilities;
c) Must change the technology, moving location;
d) Must suspend operation.
Chapter 4: prevention, REMEDIATION of ENVIRONMENTAL DEGRADATION, ENVIRONMENTAL pollution and ENVIRONMENTAL ISSUES article 21.
The use and exploitation of national nature reserve,, the historical, cultural, natural landscape ... must be permitted by the relevant industry governing body. Before licensing, industry-relevant management bodies must be the agreement in writing of the State administration of environmental protection.
After receiving the procedure allows for extraction, use, organization, personal name in the license to conduct registration with local authorities where the direct management of the sanctuary.
Need to specify the following: object, the range would be used, the purpose and duration of exploitation, the solution of environmental protection during exploitation.
Article 22.
Individual organizations have activities related to the environment must comply with the environmental standards.
List the types of environmental standards including: Vietnam 1-environmental standards for the protection of the environment;
2-environmental standards for water environment protection;
3-environmental standards for the protection of the environment;

4-environmental standards in the field of noise;
5-environmental standards in the field of ionizing radiation and;
6-environmental standards for protecting residential areas;
7-environmental standard for protected production zone;
8-standard environmental assessment in the field of forest protection;
9-environmental evaluation standards in the field of protection of biology;
10-environmental evaluation standards in the field of protection of the ecosystem;
11-environmental standards for protection of the sea;
12-environmental standards for the protection of nature reserves and natural landscape;
13-the environmental standards in the field of industrial construction planning, urban and civil;
14-environmental standards related to the transportation, storage, disposal of toxic, radioactive;
15-environmental standards in mining quarries and open pit mining;
16-environmental standards for motor vehicles;
17-environmental standards for use of the facility of the microorganisms;
18-environmental standards for the protection of the Earth;
19-environmental standards for tourism environment protection;
20-environmental standards in the field of import-export;
21-environmental standards for the hospital and the special cure.
All standard in the list above by Ministry of science, technology and the environment in coordination with the ministries concerned organized compiled and issued.
Article 23.
Individual organization when exporting, importing the animals, plants (including seeds), microbial strains, genetic resources, must be permitted by the Agency to manage the industry owners and the State administration of environmental protection and to have the vote the Agency's quarantine quarantine authority of Vietnam. When discovered the objects stated in the license risks causing disease for people and livestock, poultry or the risk of pollution or environmental degradation are urgent reports for local authorities and the State administration of environmental protection where to take measures to handle the enclosure or destroyed immediately.
For the animals, precious, rare plants according to the "Convention on international trade of endangered species, wild plants were at risk of extinction" (CITES) need to follow the rules protecting and developing forest resources protection Ordinance fisheries. List of species of the objects included in this because the Ministry of forestry, the Ministry of fisheries, Ministry of agriculture and food industry.
Article 24.
The Organization, the individual export, import of the toxic chemical, microorganism preparations must be permitted by the Agency to manage the industry owners and the State Agency on environment protection and strict compliance with the current standard of Vietnam. In the application specific purpose should use, quantity, specifications, ingredients and formulas if available, trade names, company and country of origin. The Organization, the individual is responsible for export and import the correct types and the number of notes in the license.
In case of overdue to have to cancel, the application should specify the number, specifications, technology must be canceled and the supervision of the State administration of environmental protection and public security agency is authorized.
For plant protection substances should comply with the correct Protection Ordinance and quarantine.
Article 25.
The import of the whole equipment and technology under the project, the venture is only done after there was a technical-economic justification was the same with the conclusion the evaluation report assessing the environmental impact of the project by the State administration of environmental protection implemented.
For the odd important equipment related to environmental protection, when it deems necessary, the State administration of environmental protection considerations and allow to enter.
Settlement hierarchy about this license are as follows:-the Ministry of science, technology and the environment permit for the import of the case project, joint ventures are appraised by the State Council.
-Department of science, technology and the local environment for remaining cases under the guidance of the Ministry of science, technology and the environment.
Article 26.
1-all rail transportation, roads, waterways were not discharged smoke dust, oil, toxic gases into the environment in excess of regulatory standards. For the types of means of transport mentioned above entered into Vietnam from environmental protection laws in force to ensure the waste targets under the new standards are allowed to operate.
2-all types of motor vehicles when operated to ensure the noise level does not exceed the standard rules.
3-for other types of media are allowed to operate before environmental protection laws in force, need to apply technical solutions to limit to the maximum amount of smoke and toxic waste into the environment. Since April 1, 1995 all types of motor vehicles in the city to ensure the smoke level does not exceed 60 Hartridge units, not the waste of environmental contaminants listed above and is not allowed to cause the noise level exceeds the standard.
The media would not reach the standards on forced suspension of operations.
4-The motor transport through the hospital, the nursing, schools and densely populated areas in the lunch hour and after 22 hours not used whistles.
The Department of transportation is responsible for organizing the inspection and licensing of the environmental standards for vehicles and transport.
Article 27.
1-Any production facilities, business, hospital, hotels, restaurants etc. There is waste in the form of solid, liquid and gas need to organize the handling of environmental standards before discharged beyond the management of their foundations, types of processing technology on waste must be State administration authority.
2-living waste in cities, municipalities, industrial zones need to be collected, transported, processed, according to waste management regulations.
3-waste containing microorganisms, germs cause disease need to be processed before strict waste into the public waste repository under current rules.
4-waste contains toxic chemicals, hard decomposition must be handled according to the technology, not be discharged into the waste repository.
Article 28.
1-prohibiting the export and import of waste containing toxins or disease-causing germs, can cause environmental pollution.
2-Ministry of science, technology and environment sectors, guide localities established portfolio of product material, the scrap ensure environmental hygiene standards are allowed to import from overseas to do the production materials to the Prime Minister's decision.
Article 29.
Beginning on 1 January 1995, prohibiting the production, trade, transport, storage and use of all types of fireworks exploding across the territory of Vietnam.
The Government regulates the production and use of fireworks in some special on public holidays.
Article 30.
1-Minister of science, technology and the environment the Prime environmental cases seriously and recommended special measures to handle emergencies to the Prime decision-making.
2-where the problem is particularly severe environmental problems large and serious harm: a) for life and property of many people;
b) with respect to the economic base, social security, Defense;
c) for large areas in several provinces and cities;
d) for the region in terms of international influence.

3-the Minister of national defence, Minister of the Interior organized a force dedicated to making the core crush in the resolve environment. The Ministry of science, technology and the environment along with the Interior Ministry, Defense Ministry and the ministries concerned plans to build this process forces the Prime Minister for approval.
Article 31.
The payment of the cost to fix the environment for individual organizations are mobilized must adhere to the principle of the agreement between the Organization, the individual is mobilized with competent agencies to mobilize.
The Ministry of finance detailing the payment mode.
Chapter 5: FINANCIAL RESOURCES for ENVIRONMENTAL PROTECTION TASKS Article 32. Financial resources for environmental protection tasks are: 1-the State budget for environmental protection activities, the tasks of scientific research and state management of environmental protection;
2-fee appraisal report reviews the impact of the socio-economic structures; environmental protection charges due to the Organization, individuals using the environmental component into business purposes contributed according to detailed rules of the Ministry of finance;
3-other (administrative infringement fines on the protection of the environment, the contribution of the social-economic organization ...).
Article 33.
The Government set up a national reserve fund to redress environmental degradation, environmental pollution and the environment in order to proactively deal with the sudden case of environmental problems, environmental pollution and environmental degradation.
The above funds financial resources include the source from the State budget, the contribution of enterprises (including joint ventures with foreign countries), the contribution of individuals, domestic and foreign organizations for environmental protection activities in Vietnam.
The Ministry of science, technology and environment and the Ministry of Finance building regulations and use of the Fund.
Article 34. Organizations and individuals to produce, in the fields of business or following object must file charges for environmental protection: – oil, gas, minerals;
-Airports, ports, bus station, train station;
-Motor transport;
-The other business areas that cause environmental pollution.
Organizations, foreign individuals conducting business activities have caused environmental contamination must pay a fee to protect the environment.
The level of costs for environmental protection depends on the degree of adverse impact of business activities can happen to the environment.
The Ministry of science, technology and environment and the Ministry of finance to specific instructions on collecting and using environmental protection charges.
Article 35, financial resources for environmental protection every year is spent on the following: 1-the basic investigation about environmental factors, focusing the environment soil, water, air, forests, the sea and the related cultural aspects...;
2-investigate environmental pollution situation in the provinces, major cities, industrial zones and densely populated areas, the waters are important oil and gas extraction ...;
3-measures to protect, restore, improving the environment, waste management (especially the toxic waste) in the cities and industrial zones;
4-The conservation project, restore the ecosystems of importance for durable economic development-society and maintain biological diversity (including national parks, protected areas and nature reserves, wetland ecosystems in the estuaries and coastal , the mangrove ecosystem, the coral reef, the rare species, the protection of genetic resources, etc.);
5-construction works needed on the protection of the environment.
Article 36.
The Ministry of science, technology and environment and the Ministry of finance regulations on currency, financial management, assets in environmental protection in accordance with the current management mode.
Chapter 6: the INSPECTION on the PROTECTION of the ENVIRONMENT Article 37.
The Ministry of science, technology and the environment of Government responsible to the Organization and steer functions of specialized inspectors on the protection of the environment, with the following mission: 1-environmental protection inspector of the ministries and the implementation of State management of environmental protection at the local people's Committee levels.
2-inspection of the observance of the provisions of the law on the protection of the environment: the standards, provisions on prevention, remediation of environmental degradation, environmental pollution, environmental issues when using and exploiting the environmental components of the Organization and the individual.
Article 38. The Organization, the rights, the scope of activities of specialized inspection of environmental protection by the Minister of science, technology and environment and the Inspector General of the State regulations, in accordance with the provisions of the law on environmental protection and the Ombudsman Ordinance.
Chapter 7: terms of the IMPLEMENTATION of Article 39.
This Decree shall take effect from the date of signing.
All previous provisions contrary to this Decree are repealed.
Article 40.
The Ministers, heads of ministerial agencies, heads of government agencies; President of the people's committees of provinces and cities under central responsibility specific instructions the enforcement of this Decree and function under its authority.
(*) Not in the annex