Luật Bảo vệ môi trường tiếng Anh: Law on Environmental Protection

THE NATIONAL ASSEMBLY                              THE SOCIALIST REPUBLIC OF VIETNAM
                                                                                 Independence - Freedom - Happiness

   Law No. 72/2020/QH14                               Hanoi, November 17, 2020

LAW ON ENVIRONMENTAL PROTECTION

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Environmental Protection.

Chapter I –
GENERAL

Article 1. Scope

This Law provides for environmental protection activities;
rights, obligations and responsibilities of agencies, organizations,
residential communities, households and individuals involved in environmental
protection activities.

Article 2. Regulated entities

This Law applies to agencies, organizations, residential
communities, households and individuals within the territory of the Socialist
Republic of Vietnam, including mainland, islands, territorial waters and
airspace

Article 3. Definitions

For the purposes of this Law, the terms below shall be construed
as follows:

1. “environment”
   encompasses natural and artificial physical factors
   that are closely related to each other, surround humans and affect life,
   economy, society, existence and development of humans, creatures and
   nature.


2. “environmental
   protection activity”means preventing and reducing
   adverse impacts on the environment; responding to environmental
   emergencies; mitigating environmental pollution and degradation, improving
   environmental quality; reasonably using natural resources and
   biodiversity, and adapting to climate change.


3. “environment
   components” mean physical constituent
   elements forming an integral part of the environment, including land,
   water, air, sound, light and other physical forms.


4. “national
   environmental protection planning” mean the
   spatial arrangement and distribution and zoning of areas for environmental
   quality management, nature and biodiversity conservation, waste
   management, environmental monitoring and warning within a defined territory
   in order to protect the environment and accomplish the objective for
   national sustainable development for a defined period.


5. “strategic
   environmental assessment” means the process of
   identifying and predicting trends in major environmental issues to form a
   basis for incorporating environmental protection measures into a policy,
   strategy or planning.


6. “preliminary
   environmental impact assessment” (hereinafter referred to as “PEIA”) means
   the consideration and identification of major environmental issues of an
   investment project during the pre-feasibility study or the investment
   project proposal.


7. “environmental
   impact assessment” (hereinafter referred to as “EIA”) means
   the process of analyzing, assessing, identifying and predicting
   environmental impacts of an investment project in order to take measures
   to reduce adverse impacts on the environment.


8. “environmental
   license” means a document issued by a
   competent authority to an organization or individual (hereinafter referred
   to as “entity”) involved in business activities, permitting such
   organization or individual to discharge waste into the environment and
   manage waste and scraps imported as production materials in accordance
   with environmental protection requirements as prescribed by law.


9. “environmental
   registration” means a business investment
   project owner or business owner registering with a regulatory body waste
   discharge-related contents and environmental protection measures of such
   business investment project owner or business owner (hereinafter referred
   to as “the investment project/business”).


10. “technical
    regulation on environment” means a regulation requiring
    mandatory application of limits of parameters regarding environmental
    quality, concentration of pollutants in raw materials, fuels, materials,
    equipment, products, goods and waste, and technical and managerial
    requirements. The regulation is issued by a competent authority in
    accordance with regulations of law on standards and technical regulations.


11. “environmental
    standard” means a regulation for which an
    entity opts at its/his/her discretion in order to apply limits of
    parameters regarding environmental quality, concentration of pollutants in
    waste, and technical and managerial requirements. The standard is issued
    by a competent authority or organization in accordance with regulations of
    law on standards and technical regulations.


12. “environmental
    pollution” means any change in the
    physical, chemical or biological properties of an environmental component
    in breach of a technical regulation on environment or environmental
    standard resulting in adverse impacts on humans, creatures and nature.


13. “environmental
    degradation” means a reduction in the
    quality and amount of environment components resulting in adverse impacts
    on the health of humans and creatures, and nature.


14. “environmental
    emergency” means an accident resulting
    from human-induced factors or natural changes that cause severe
    environmental pollution or degradation.


15. “pollutant”
    means any chemical, physical or biological substance
    which, when introduced into the environment, exceeds the permissible
    limits resulting in environmental pollution.


16. “persistent
    pollutant” means a highly toxic and
    persistent pollutant that has the ability to bio-accumulate and spread in
    the environment, thereby adversely affecting the environment and human
    health.


17. “persistent
    organic pollutant” means a persistent pollutant
    defined in the Stockholm Convention on Persistent Organic Pollutants
    (hereinafter referred to as “the
    Stockholm Convention”).


18. “waste”
    means any matter in a solid, liquid or gaseous form or
    other form which is discharged from production, business operation,
    service provision or living activities or from other activities.


19. “solid
    waste”means any waste in a solid form
    or sludge.


20. “hazardous
    waste” means any waste that exhibits
    any one or more of the following characteristic properties: toxicity,
    radioactivity, infectivity, ignitability, reactivity or corrosivity or
    exhibits any other hazardous characteristic properties.


21. “waste
    co-processing”means the utilization of one
    available manufacturing process for the purpose of recycling, treating or
    recovering energy from waste in which waste is used as alternative raw
    material and fuel or is processed.


22. “pollution
    control” means the process of
    preventing, detecting and eliminating pollution.


23. “carrying
    capacity”of an environment means the maximum resistance of
    the environment against influencing factors in order for the environment
    to be able to recover itself.


24. “technical
    infrastructure serving environmental protection” refers
    to a system of facilities used for collecting, storing, transporting and
    treating waste and monitoring the environment, and other environmental
    protection works.


25. “environmental
    monitoring” means the continuous, periodic
    or unscheduled monitoring of environmental components and factors
    impacting the environment, and waste in a systematic in order to provide
    necessary information in favor of assessment of state of the environment,
    changes in the environmental quality and adverse impacts on the
    environment.


26. “trial
    operation of waste treatment work”means the
    operation being carried out by an investment project owner, owner of business,
    dedicated area for production, business operation and service provision or
    industrial cluster to test and assess efficiency of a waste treatment work
    and its conformity with environmental protection requirements.


27. “scrap”
    means any material recalled, classified and selected
    from materials or products left over from production, business operation,
    service provision or consumption to be used as raw materials for another
    production process.


28. “residential
    community” means a community of people
    living in the same village, hamlet, population group, ward or similar
    settlement within the territory of the Socialist Republic of Vietnam.


29. “greenhouse
    gas” (hereinafter referred to as “GHG”)means gas
    in the atmosphere causing the greenhouse effect.


30. “greenhouse
    effect”means a process where radiant
    energy from the sun penetrates into the atmosphere and is converted to
    heat, causing global warming.


31. “reduction
    of GHG emissions” means the act of reducing GHG
    emissions intensity and increasing GHG absorption.


32. “climate
    change adaptation” means actions that humans may
    take to adapt to climate change and reduce GHG emissions.


33. “GHG
    emission quotas” mean the amount of GHG
    emissions caused by a country or entity for a specified period of time,
    expressed as tonnes of carbon dioxide (CO₂) or tonnes of carbon
    dioxide equivalent (CO2).


34. “ozone
    layer” means a layer in the Earth’s
    stratosphere which protects the Earth from the sun’s harmful ultraviolet
    radiation.


35. “carbon
    credit” means any tradable certificate
    representing the right to emit one tonne of carbon dioxide (CO₂)
    or one tonne of carbon dioxide (CO₂) equivalent.


36. “best
    available techniques” means the technical solutions
    which are the best for preventing or controlling pollution and minimizing
    adverse impacts on the environment.


37. “dedicated
    areas for production, business operation and service provision” include
    industrial parks, export-processing zones, hi-tech zones and dedicated
    areas for industrial production of economic zones.


38. “investment
    project owner” or “investor” means an investor in a project
    according to regulations of the Law on Investment, Law on Public
    Investment, Law on Public-Private Partnership Investment and Law on
    Construction.

Article 4. Principles of environmental protection

1. Environmental
   protection is the right, obligation and responsibility of every agency,
   organization, residential community, household and individual.


2. Environmental
   protection serves as a basis, key factor and prerequisite for sustainable
   socio-economic development. Environmental protection activities are
   associated with economic development and natural resource management, and
   considered and assessed in the process of carrying out development
   activities.


3. Environmental
   protection harmonizes with social security, protection of children’s
   right, promotion of gender equality and protection of the human right to
   live in a pure environment.


4. Environmental
   protection activities are carried out in a regular, public and transparent
   manner; priority is given to prediction and prevention of environmental
   pollution, emergencies and degradation, environmental risk management,
   waste minimization and strengthening of reuse and recycling of waste with
   a view to maximization of its value.


5. Environmental
   protection complies with natural law, natural, cultural and historical
   characteristics, and the level of socio-economic development; boost
   development in ethnic minority and mountainous areas.


6. Any
   agency, organization, residential community, household or individual
   profiting from the environment is obliged to make their financial
   contribution to the environmental protection activities; pay compensation
   for damage, take remedial measures and assume other responsibilities as
   prescribed by law if causing environmental pollution, emergencies and
   degradation.


7. Environmental
   protection is not detrimental to the national sovereignty, security and
   interests, and is associated with regional and global environmental
   protection.

Article 5. State policies on environmental protection

1. Facilitate
   the involvement of agencies, organizations, residential communities,
   households and individuals in performance, inspection and supervision of
   environmental protection activities.


2. Disseminate
   information in association with taking administrative and economic
   measures and other measures to strengthen compliance with law on
   environmental protection and build a culture of environmental protection.


3. Focus
   on biodiversity conservation and protection of environment in natural
   heritage sites; efficiently and economically extract and use natural
   resources; develop green and renewable energy; develop technical
   infrastructure serving environmental protection.


4. Give
   priority to environmental pollution elimination and recovery of degraded
   natural ecosystem, and attach great importance to environmental protection
   in residential areas.


5. Diversify
   sources of investment capital for environmental protection; set a specific
   expenditure on environmental protection within the state budget and
   according to environmental protection requirements and tasks; prioritize
   the use of sources of funding for key environmental protection tasks.


6. Safeguard
   interests of organizations, residential communities, households and
   individuals making their contribution to environmental protection
   activities; provide incentives and assistance for environmental protection
   activities; promote environmentally-friendly products and services.


7. Intensify
   scientific research and development of technologies for pollution
   elimination, waste recycling and treatment; give priority to transfer and
   application of advanced, high and environmentally-friendly technologies
   and best available techniques; strengthen training in human resources in
   environmental protection.


8. Honor
   and reward agencies, organizations, residential communities, households
   and individuals for their active role in environmental protection
   activities as prescribed by law.


9. Expand
   and promote integration and international cooperation in environmental
   protection, and adhere to all international environmental agreements.


10. Screen
    investment projects according to environmental criteria; apply appropriate
    environmental management tools in each stage of the strategy, planning,
    program and investment project.


11. Incorporate
    and promote circular economy and green economy in formulation and
    implementation of socio-economic development strategies, planning, plans,
    programs and projects.

Article 6. Prohibited acts

1. Failure
   to transport, bury, discharge and burn solid and hazardous waste in
   accordance with technical process and regulations of law on environmental
   protection.


2. Discharging
   wastewater and exhaust gases that have yet to be treated according to
   technical regulations on environment into the environment.


3. Dispersing
   and releasing into the environment hazardous substances and harmful
   viruses capable of infecting humans and animals, untested microorganisms,
   dead bodies of animals dying of epidemics and other agents harmful to
   human health, creatures and nature.


4. Generating
   noise and vibration in excess of the permissible level stipulated in
   technical regulations on environment; discharging smokes, dusts and
   noxious gases into the air.


5. Executing
   investment projects or discharging waste in case of failure to satisfy all
   conditions prescribed by the Law on Environmental Protection.


6. Importing,
   temporarily importing, re-exporting and transiting waste from foreign
   countries in any shape or form.


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


8. Failure
   to operate works or take measures to prevent and respond to environmental
   emergencies in accordance with regulations of law on environmental
   protection and other regulations of law.


9. Concealing
   acts of polluting the environment, obstructing and falsifying information
   concerning environmental protection activities, thereby resulting in
   adverse effects on the environment.


10. Manufacturing
    and trading products harmful to humans, creatures and nature;
    manufacturing and using raw materials and building materials containing
    toxic factors in excess of the permissible level prescribed in technical
    regulations on environment.


11. Manufacturing,
    importing, temporarily importing, re-exporting and selling ozone depleting
    substances prescribed in the international treaty on substances that
    deplete the ozone layer to which Socialist Republic of Vietnam is a
    signatory.


12. Sabotaging
    or infringing upon natural heritage sites.


13. Sabotaging
    or infringing upon structures, equipment and facilities serving
    environmental protection activities.


14. Abusing
    positions or powers to commit violations against regulations of law on
    environmental protection.

Chapter
II – PROTECTION OF ENVIRONMENTAL COMPONENTS AND NATURAL
HERITAGE SITES

Section 1. WATER PROTECTION

Article 7. General regulations on surface water protection

1. Quality
   of surface water, sediments and aquatic environment must be monitored and
   evaluated; surface water carrying capacity must be calculated, determined
   and announced.


2. Sources
   of waste discharged into surface water must be managed in a manner that is
   appropriate to intended use and carrying capacity of surface water. Result
   of appraisal of the environmental impact assessment report shall not be
   approved for or environmental license shall not be issued to the new
   investment project that discharges wastewater directly into the surface
   water that has reached its carrying capacity as announced by a competent
   authority, except for the case in which the investment project owner has
   adopted a scheme to treat wastewater in accordance with technical
   regulation on environment regarding quality of surface water before
   discharging it into a water body or has adopted a circulation or recycling
   scheme in order not to generate more wastewater or the case where the project
   aims to deal with pollution and improve quality of the environment in a
   pollution area.


3. River
   water shall be protected by applying the principles of integrated river
   basin management and associated with biodiversity conservation, aquatic
   environment protection, management of water source protection corridors,
   and reasonable extraction and use of water.

Article 8. Surface water protection activities

1. Surface
   water protection shall focus on:

a/ Statistically reporting, assessing, minimizing and treating
wastewater discharged into surface water;

b/ Monitoring and assessing quality of surface water, sediment
and aquatic environment and publishing information in service of management,
extraction and use of water surface;

c/ Investigating and assessing carrying capacity of surface
water; announcing areas where the surface water has reached its carrying
capacity; assessing quotas for discharge of wastewater into the surface water;

d/ Eliminating pollution, remediating and improving polluted
surface water;

dd/ Monitoring and assessing quality of surface water and
sediments of international rivers and sharing information in accordance with
regulations of law on environmental protection, law and international practice.

2. The
   Ministry of Natural Resources and Environment has the responsibility to:

a/ provide guidance on assessing surface water carrying capacity
of rivers and lakes; provide guidance on assessing surface water quality;

b/ organize assessment of surface water and sediment quality,
surface water carrying capacity of inter-provincial rivers and lakes; organize
inventorying and assessment of waste sources and pollution level, and organize
elimination of inter-provincial river and lake pollution; formulate and submit
to the Government a surface water quality management plan for inter-provincial
rivers and lakes that play a key role in socio-economic development and
environmental protection;

c/ inspect the implementation of the surface water quality management
plan for inter-provincial rivers and lakes and measures to prevent and mitigate
water pollution and improve water quality in inter-provincial rivers and lakes.

3. People’s
   Committees have the responsibility to:

a/ determine provincial rivers and lakes and other surface water
sources in areas that play important role in socio-economic development and
environmental protection; determine domestic water safeguard zones and water
source protection corridors within provinces; determine aquatic areas;

b/ publish information about sources of waste discharged into
the surface water within provinces; collect information and data on state of
surface water, waste sources and total amount of waste discharged into surface
water in inter-provincial rivers and lakes within provinces under the guidance
of the Ministry of Natural Resources and Environment; direct organizations to
assess damage caused by pollution and remediate surface water pollution within
provinces as prescribed;

c/ prevent and control sources of waste discharged into surface
water sources within provinces; take measures to prevent and minimize surface
water pollution, improve surface water quality within provinces according to
the surface water quality management plan;

d/ organize assessment of surface water and sediment quality,
carrying capacity and quotas for discharge of wastewater with respect to the
surface water sources mentioned in Point a of this Clause; publish information
about areas where surface water has reached its carrying capacity;

dd/ promulgate and organize the implementation of the plan for
management of quality of surface water mentioned in Point a of this Clause;
organize implementation of the surface water quality management plan for
inter-provincial rivers and lakes within provinces.

Article 9. Surface water quality management plan

1. The
   surface water quality management plan for inter-provincial rivers and
   lakes must be conformable with the national environmental protection
   planning.

The surface water quality management plan for the water sources
mentioned in Point a Clause 3 Article 8 of this Law must be conformable with
the national environmental protection planning and environmental protection
contents specified in the regional and provincial planning.

2. Contents
   of the surface water quality management plan include:

a/ Assessing and predicting trends in changes in surface water
quality; objectives and targets of the plan; determining domestic water
safeguard zones and water source protection corridors; determining aquatic
areas;

b/ Current distribution of point sources of pollution, and
non-point sources of pollution with pollutants released into the water in the
affected area; risk of cross-border surface water pollution;

c/ Types of total amount of pollutants discharged into the
surface water;

d/ Assessing carrying capacity, zoning and quotas for wastewater
discharge; determining objectives and roadmap for reducing wastewater discharge
into the surface water that has reached its carrying capacity;

dd/ Measures to prevent and reduce surface water pollution;
solutions for cooperation, sharing of information and management of -border
surface water pollution;

e/ Solutions for protecting and improving surface water quality;

g/ Organizing implementation.

3. The
   surface water quality management plan is formulated for 5-year periods.


4. The
   Government shall elaborate contents of, sequence and procedures for
   promulgating a surface water quality management plan.

Article 10. Groundwater protection

1. Sources
   of groundwater must be monitored and assessed so that measures are taken
   promptly if any environmental parameter is found exceeding the permissible
   level prescribed in a national technical regulation on environment or
   there is a reduction in the water level.


2. Groundwater
   protection measures must be taken upon carrying out groundwater
   exploration and extraction.


3. Establishments
   using toxic chemicals and radioactive substances must take measures to
   prevent leakage and release of toxic chemicals and radioactive substances
   into groundwater.


4. Establishments,
   warehouses and yards containing materials, raw materials and chemicals and
   areas for containing and treating waste must be constructed in such a
   manner that ensures technical safety and does not cause groundwater
   pollution.


5. Agencies,
   organizations, residential communities, households and individuals causing
   groundwater pollution shall remediate pollution.


6. The
   groundwater protection shall comply with regulations of this Law, law on
   water resources and other relevant regulations of law.


7. The
   Minister of Natural Resources and Environment shall elaborate groundwater
   protection.


8. People’s
   Committees of provinces shall protect groundwater within provinces as
   prescribed by law.

Article 11. Seawater protection

1. Sources
   of waste discharged into seawater must be investigated and assessed and
   subject to any measure to be taken to prevent, minimize, control and treat
   them to satisfy the environmental protection requirements.


2. Areas
   at risk of sea and island environment pollution must be assessed,
   identified and announced in accordance with regulations of law on natural
   resources and environment of sea and islands.


3. The
   extraction of resources from sea and islands and other socio-economic
   activities shall comply with the planning, and environmental protection
   and sustainable development requirements.


4. Upon
   seawater protection, it is required to ensure close and effective
   cooperation between relevant organizations and individuals; between
   Vietnam’s regulatory bodies and foreign bodies in sharing information,
   assessing seawater quality and controlling cross-border seawater
   pollution.


5. The
   seawater protection shall comply with regulations of this Law, law on
   natural resources and environment of sea and islands and other relevant
   regulations of law.

Section 2. AIR PROTECTION

Article 12. General regulations on air protection

1. Entities
   and households involved in production, business operation and service
   provision and discharging dusts and exhaust gases resulting in adverse
   impacts on the environment have the responsibility to reduce the discharge
   and take remedial measures as prescribed by law.


2. Air
   quality must be monitored on a regular and continuous basis and announced
   as prescribed by law.


3. Air
   pollution must be notified and warned in a timely manner to minimize its
   impacts on community health.


4. Sources
   of dusts and exhaust gases must be monitored, assessed and controlled as
   prescribed by law.

Article 13. Air quality management plans

1. Air
   quality management plans include national air quality management plan and
   provincial air quality management plan. The national environment quality
   management plan must be conformable to the national environmental
   protection planning. The provincial air quality management plan must be
   conformable with the national air quality management plan and provincial
   planning, and serve as the basis for organizing implementation thereof and
   managing air quality.


2. The
   national environment quality management plan covers a period of 05 years.
   The period of a provincial air quality management plan shall be determined
   according to the extent and level of air pollution, management and
   improvement solutions, local conditions and resources for implementation.


3. Main
   contents of the national air quality management plan include:

a/ Assessing management and control of air pollution at national
level; identifying major causes of air pollution;

b/ General and specific objectives;

c/ Tasks and solutions for air quality management;

d/ Prioritized programs and projects for implementation of tasks
and solutions; formulating regulations on cooperation in and measures for
managing quality of inter-regional and inter-provincial air.

dd/ Organizing implementation.

4. Main
   contents of a provincial air quality management plan include:

a/ Assessing quality of air in the province;

b/ Assessing management of air quality; monitoring air;
determining and assessing main sources of exhaust gases; emission inventory;
air quality modeling;

c/ Analyzing and identifying causes of air pollution;

d/ Assessing impacts of air pollution on community health;

dd/ Objectives and scope of air quality management;

e/ Tasks and solutions for air quality management;

g/ Organizing implementation.

5. The
   Government shall elaborate contents of, sequence and procedures for
   promulgating an air quality management plan.

Article 14. Responsibility for air quality management

1. The
   Prime Minister shall promulgate and provide instructions on implementation
   of the national air quality management plan; provide instructions on
   implementation of emergency measures in the case of inter-provincial,
   regional or cross-border serious air pollution.


2. The
   Ministry of Natural Resources and Environment shall:

a/ formulate and submit to the Prime Minister the national air
quality management plan and organize the implementation thereof.

b/ provide guidance on formulating provincial air quality
management plans and air quality assessment methods.

3. People’s
   Committees of provinces shall:

a/ formulate and organize the implementation of provincial air
quality management plans;

b/ assess, monitor and publish information about air quality;
warn residential communities of and take measures to remediate air pollution
that impacts community health;

c/ organize the implementation of emergency measures if serious
air pollution occurs in their provinces.

4. The
   Government shall elaborate this Article.

Section 3. SOIL PROTECTION

Article 15. General regulations on soil protection

1. If
   land is used to implement a planning, plan, project or activity, it is
   required to consider its impacts on soil and take measures for
   environmental pollution or degradation prevention and control and soil
   protection.


2. Agencies,
   organizations, residential communities, households and individuals that
   use land have the responsibility to protect soil environment; improve and
   remediate soil environment if causing soil pollution.


3. The
   State shall improve and remediate soil environment in areas where soil
   pollution caused by a historic event occurs or in the case of failure to
   identify the entity causing pollution.


4. The
   Government shall elaborate soil protection.

Article 16. Classification of areas where soil pollution occurs

1. Area
   where soil pollution occurs (hereinafter referred to as “soil pollution
   area”) means an area in which pollutants exceed the permissible levels
   prescribed in a technical regulation on environment resulting in adverse
   impacts on the environment and community health.


2. Soil
   pollution areas shall be classified according to the following criteria:
   source of pollution, spreading capacity and affected entities.


3. The
   soil pollution areas classified according to the level of pollution
   include soil pollution area, serious soil pollution area and extremely
   serious soil pollution area.

Article 17. Soil quality management

1. Soil
   quality must be investigated, assessed, classified and made publicly
   available as prescribed by law.


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


3. Soil
   pollution areas must be investigated, assessed, zoned, dealt with,
   renovated and improved.


4. Areas
   polluted by dioxins derived from herbicides used in war, residual
   agrochemicals and other hazardous substances must be investigated,
   assessed, zoned and dealt with in accordance with environmental protection
   requirements.

Article 18. Soil environment improvement and remediation

1. Investigate,
   assess and classify soil pollution areas, determine causes, extent and
   level of pollution, improve and remediate soil environment.


2. Take
   measures to control soil pollution areas, including zoning, issuing
   warnings, prohibiting or restricting activities to minimize impacts on
   human health.


3. Prepare
   and carry out schemes to improve and remediate soil environment; give
   priority to dealing with serious and extremely serious pollution areas.


4. Monitor
   and assess soil quality after improvement and remediation.

Article 19. Responsibility for soil protection

1. The
   Ministry of Natural Resources and Environment shall:

a/ elaborate criteria for determining and classifying soil
pollution areas according to level of pollution;

b/ preside over and cooperate with other Ministries, ministerial
agencies and agencies concerned in formulating and providing instructions on
implementation of the plan to improve and remediate extremely serious soil
pollution areas in the case specified in Clause 3 Article 15 of this Law;
investigate, assess and make publicly available soil quality;

c/ Submit to the Prime Minister a plan to improve and remediate
extremely serious soil pollution areas in the case specified in Clause 3
Article 15 of this Law;

dd/ consolidate lists of soil pollution areas; establish and
update information about soil pollution areas nationwide to the national
environmental information system and environmental database and publish such
information.

2. The
   Ministry of National Defense and Ministry of Public Security shall preside
   over and cooperate with provincial People’s Committees in improving and
   remediating soil environment in the case of national defense and security
   land and in other areas as prescribed by law.


3. Provincial
   People’s Committees shall:

a/ investigate, assess, determine and zone areas at risk of soil
pollution areas and soil pollution areas within their provinces, and assign
responsibilities to entities causing pollution;

b/ remediate soil pollution areas and extremely serious soil
pollution areas in the case specified in Clause 3 Article 15 of this Law;

c/ report areas showing signs of inter-provincial soil pollution
and extremely serious pollution areas to the Ministry of Natural Resources and
Environment;

d/ update information about soil pollution areas within their
provinces to the environmental information system and database as prescribed.

Section 4. NATURAL HERITAGE SITE ENVIRONMENT PROTECTION

Article 20. Natural heritage sites

1. Natural
   heritage sites include:

a/ National parks, nature reserves, habitat/species management
areas, landscape protected areas established in accordance with the law on
biodiversity, forestry and fisheries; landscapes recognized as cultural
heritage established in accordance with the law on cultural heritage;

b/ Natural heritage sites recognized by international
organizations;

c/ Other natural heritage sites established and recognized in
accordance with this Law.

2. The
   establishment and recognition of natural heritage sites in Point c Clause
   1 of this Article shall be based on any of the following criteria:

a/ They are of outstanding, unique or exceptional natural
beauty;

b/ They provide excellent examples of ongoing ecological and
biological evolutionary processes or furnishes habitats for endangered,
precious, rare or endemic species or are sites of exceptional biodiversity or
have other values of special biodiversity that need to be conserved;

c/ They are outstanding examples representing major stages of
earth’s history, including the record of life or significant geomorphic or
physiographic features;

d/ They play a significantly important role in climate
regulation, water protection, ecological balance and provision of ecosystem
services.

3. The
   Government shall elaborate criteria, procedures and power for establishing
   and recognizing natural heritage sites in Point c Clause 1 of this
   Article; procedures and power for applying for recognition of natural
   heritage sites in Point b Clause 1 of this Article.

Article 21. Natural heritage site environment protection

1. Natural
   heritage site environment shall be investigated, assessed, managed and
   protected.


2. Natural
   heritage site environment protection is a content of the national
   environmental protection planning, regional planning and provincial
   planning.


3. Agencies,
   organizations, residential communities, households and individuals have
   the responsibility to protect natural heritage sites. Organizations,
   residential communities, households and individuals participating in
   managing natural heritage site environment are entitled to payments for
   ecosystem services as prescribed by law.


4. The
   Government shall elaborate Clause 1 of this Article.

Chapter
III – NATIONAL ENVIRONMENTAL PROTECTION STRATEGY AND NATIONAL
ENVIRONMENTAL PROTECTION PLANNING; ENVIRONMENTAL PROTECTION CONTENTS IN
REGIONAL PLANNING AND PROVINCAL PLANNING

Article 22. National environmental protection strategy

1. A
   national environmental protection strategy shall serve as the basis for
   formulating the national environmental protection planning and
   incorporating environmental protection requirements in the socio-economic
   development strategy and planning.


2. Contents
   of the national environmental protection strategy include:

a/ Viewpoints, vision and objectives;

b/ Tasks;

c/ Solutions for implementation;

d/ Key programs and projects;

dd/ Plan and resources for implementation.

3. The
   national environmental protection strategy is formulated for 10-year
   periods. Its orientations cover a period of 30 years.


4. The
   Ministry of Natural Resources and Environment shall formulate and submit
   the national environmental protection strategy to the Prime Minister.

Article 23. National environmental protection planning

1. Bases
   for formulating the national environmental protection planning are
   prescribed by the Law on Planning and include:

a/ The national environmental protection strategy during the same
development period;

b/ Climate change scenarios during the same development period.

2. Contents
   of the national environmental protection planning; the formulation,
   appraisal, approval and adjustment of the national environmental
   protection planning and national environmental protection planning period
   shall comply with regulations of the Law on Planning.


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


4. The
   Government shall provide for environmental zoning upon formulation of the
   national environmental protection planning.

Article 24. Environmental protection contents in regional
planning and provincial planning

1. Environmental
   protection contents specified in regional planning and provincial planning
   shall comply with regulations of law on planning.


2. The
   Government shall provide for environmental zoning upon formulation of the
   provincial planning. The Ministry of Natural Resources and Environment
   shall develop environmental protection contents for the regional planning;
   provide guidelines for developing environmental protection contents for
   the provincial planning.


3. Provincial
   specialized environmental protection authorities shall develop
   environmental protection contents for the provincial planning.

Chapter
IV – STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIORNMENTAL IMPACT
ASSESSMENT AND ENVIRONMENTAL LICENSES

Section 1. STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 25. Subjects required to undergo strategic environmental
assessment

1. National
   strategy for extraction and use of natural resources.


2. National
   comprehensive planning; national marine spatial planning; national land
   use planning; regional planning; provincial planning; special
   administrative-economic unit planning.


3. National
   and regional strategy for field and sector development, national sector
   planning and technical and specialized planning having great impacts on
   the environment on the list prescribed by the Government.


4. Adjustments
   to the planning specified in Clauses 2 and 3 of this Article.

Article 26. Carrying out strategic environmental assessment

1. Organizations
   assigned to formulate the strategy and planning specified in Article 25 of
   this Law shall carry out strategic environmental assessment in the process
   of formulating such strategy and planning.


2. The
   result of strategic environmental assessment of the strategy specified in
   Clauses 1 and 3 Article 25 of this Law shall be incorporated in the
   application for approval of the strategy.


3. The
   result of strategic environmental assessment of the planning specified in
   Clauses 2 and 3 Article 25 of this Law shall be presented in a report
   enclosed with the application for approval of the planning.


4. The
   agency presiding over appraising planning shall appraise strategic
   environmental assessment result during the appraisal. The agency approving
   the strategy shall consider strategic environmental assessment result
   during the approval.


5. The
   Ministry of Natural Resources and Environment shall give its written
   opinions on contents of strategic environmental assessment of strategies
   and planning.


6. The
   strategic environmental assessment result shall serve as one of the bases
   for the competent authority to consider approving a strategy or planning.

Article 27. Contents of strategic environmental assessment

1. Contents
   of strategic environmental assessment include:

a/ Assessing conformity of the environmental protection policy
with viewpoints, objectives and policies on environmental protection and
sustainable development, and international environmental agreements to which
the Socialist Republic of Vietnam is a signatory and regulations of this Law;

b/ Proposing schemes for adjustment and completion of contents
of conformity of the environmental protection policy with viewpoints,
objectives and policies on environmental protection and sustainable
development, and international environmental agreements to which the Socialist
Republic of Vietnam is a signatory and regulations of this Law.

2. Contents
   of strategic environmental assessment of the planning include:

a/ Planning contents that may impact the environment;

b/ Scope of strategic environmental assessment;

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

d/ Strategic environmental assessment methods applied;

dd/ Comparing and assessing conformity of viewpoints and objectives
of the planning with viewpoints, objectives and policies on environmental
protection, national environmental protection strategy and planning, and
environmental protection contents in the regional and provincial planning;

e/ Results of identifying negative and positive major
environmental issues in the planning;

g/ Impacts of climate change;

h/ Results of forecasting negative and positive trends of major
environmental issues upon implementing the planning; solutions for maintaining
positive trends and reducing negative trends of major environmental issues;

i/ Orientations for environmental protection during the
implementation of planning;

k/ Results of consultation with relevant parties during the
strategic environmental assessment;

l/ Noteworthy environment protection-related issues (if any),
proposed directions and solutions for resolution.

3. The
   Minister of Natural Resources and Environment shall elaborate this
   Article.

Section 2. ENVIRONMENTAL CRITERIA FOR INVESTMENT PROJECT
CLASSIFICATION, PRELIMINARY ENVIRONMENTAL IMPACT ASSESSMENT

Article 28. Environmental criteria for investment project
classification

1. Environmental
   criteria for investment project classification include:

a/ Scale, capacity and type of production, business and service;

b/ Area of land, land with water surface, and sea used; scale of
extraction of natural resources;

c/ Sensitive environmental factors including high density
residential areas; water source used for supply of domestic water; wildlife
sanctuaries prescribed by the law on biodiversity and fisheries; types of
forests prescribed by the law on forestry; other tangible cultural heritage and
natural heritage sites; land meant for growing wet rice during 02 or more
cropping seasons; important wetlands; migration and relocation requirements and
other environmental sensitive factors.

2. According
   to the environmental criteria set out in Clause 1 of this Article,
   investment projects shall be classified into Group I, II, III and IV.


3. Group
   I investment projects are those that pose a high risk of adverse
   environmental impacts, including:

a/ Large-scale and capacity projects involved in types of
production, business and services that are likely to cause environmental
pollution; projects providing hazardous waste treatment service; projects
involving import of scrap as production materials;

b/ Medium-scale and capacity projects involved in types of
production, business and services with sensitive environmental factors that are
likely to cause; large-scale and capacity projects not involved in types of
production, business and services with sensitive environmental factors that are
likely to cause environmental pollution;

c/ Large- or medium-scale projects using land, land with water
surface and marine area with sensitive environmental factors;

d/ Large- or medium-scale and capacity projects on extraction of
minerals and water resources with sensitive environmental factors;

dd/ Projects requiring repurposing of land on at least medium
scale with sensitive environmental factors;

e/ Large-scale projects requiring migration and relocation.

4. Group
   II investment projects are those that pose a risk of adverse environmental
   impacts, except for those specified in Clause 3 of this Article,
   including:

a/ Medium-scale and capacity projects involved in types of
production, business and services that are likely to cause environmental
pollution;

b/ Small-scale and capacity projects involved in types of
production, business and services with sensitive environmental factors that are
likely to cause environmental pollution; medium-scale and capacity projects not
involved in types of production, business and services with sensitive
environmental factors that are likely to cause environmental pollution;

c/ Large- or medium-scale projects using land, land with water
surface and marine area with sensitive environmental factors;

d/ Small-scale and capacity projects on extraction of minerals
and water resources with sensitive environmental factors;

dd/ Small-scale projects requiring repurposing of land with
sensitive environmental factors;

e/ Medium-scale projects requiring migration and relocation.

5. Group
   III investment projects are those that pose a risk of adverse
   environmental impacts, except for those specified in Clauses 3 and 4 of
   this Article, including:

a/ Small-scale and capacity projects involved in types of
production, business and services that are likely to cause environmental
pollution;

b/ Projects not involved in types of production, business and
services that are likely to cause environmental pollution and generating
wastewater, dusts and exhaust gases that must be treated or generating
hazardous waste that must be managed in accordance with regulations on waste
management.

6. Group
   IV investment projects are those that do not pose a risk of adverse
   environmental impacts, except for those specified in Clauses 3, 4 and 5 of
   this Article.


7. The
   Government shall elaborate Clause 1 and promulgate a list of investment
   projects specified in Clauses 3, 4 and 5 of this Article.

Article 29. Preliminary environmental impact assessment

1. Projects
   subject to PEIA are group I investment projects specified in Clause 3
   Article 28 of this Law.


2. The
   PEIA shall be conducted during the period of pre-feasibility study on
   investment in construction, proposal for investment guidelines and request
   for approval of investment guidelines for investment projects subject to
   investment guideline decision or approval in accordance with the Law on
   Investment, Law on Public Investment, Law on Public-Private Partnership
   and Law on Construction.


3. The
   PEIA shall focus on:

a/ Assessing the conformity of the investment project location
with the national environmental protection strategy, national environmental
protection planning and environmental protection contents in regional planning,
provincial planning and other relevant planning;

b/ Identifying and predicting major environmental impacts of the
investment project on the basis of scale, production technology and location of
the project;

c/ Identifying sensitive environmental factors present in the
investment project location according to the location selection methods (if
any);

d/ Analyzing, assessing and selecting a scheme regarding scale,
production technology, technology for waste treatment and location of the
investment project, and solutions for reducing environmental impacts;

dd/ Determining notable major environmental issues and
environmental impacts during the EIA.

4. Entities
   proposing the investment projects in Clause 1 of this Article shall
   conduct PEIA. PEIA contents shall be considered by a competent authority
   together with the application for investment guideline decision or
   approval.

Section 3. ENVIRONMENTAL IMPACT ASSESSMENT

Article 30. Projects subject to EIA

1.  Projects
   subject to EIA include:

a/ Group I investment projects mentioned in Clause 3 Article 28
of this Law;

b/ Group II investment projects mentioned in Points c, d, dd and
e Clause 4 Article 28 of this Law.

2. If
   the projects specified in Clause 1 of this Article are urgent public
   investment projects as prescribed by the Law on Public Investment, they
   shall not be subject to EIA.

Article 31. Carrying out EIA

1. The
   EIA shall be conducted by the investment project owner or a qualified
   consultancy. The EIA shall be conducted together with preparing the
   feasibility study report or equivalent document.


2. The
   EIA result shall be presented in an environmental impact assessment
   report.


3. An
   environmental impact assessment report is prepared for each investment
   project.

Article 32. Contents of environmental impact assessment report

1. Main
   contents of an environmental impact assessment report (hereinafter
   referred to as “EIAR”) include:

a/ Origin of the investment project, project owner, authority
approving the project; legal and technical bases; EIA methods and other methods
adopted (if any);

b/ Conformity of the investment project with the national
environmental protection planning, regional planning, provincial planning,
regulations of law on environmental protection and other relevant regulations
of law;

c/ Assessing selected technologies and work items and activities
that may result in adverse environmental impacts;

d/ Natural, socio-economic and biodiversity conditions;
assessment of state of the environment; identifying affected subjects and
sensitive environmental factor at the project location; demonstration of the
suitability of the project location;

dd/ Identifying, assessing and predicting major environmental
impacts and waste generated in the phases of the investment project quantity
and nature of waste; impacts on biodiversity, natural heritage sites,
historical-cultural sites/monuments and other sensitive factors; impacts caused
by land clearance, migration and relocation (if any); identifying and assessing
environmental emergencies that are likely to occur;

e/ Works and methods for collecting, storing and treating waste;

g/ Methods for reducing other adverse environmental impacts of
the investment project; environmental improvement and remediation scheme (if
any); biodiversity offsets scheme (if any); environmental emergency prevention
and response plan;

h/ Environmental management and supervision program;

i/ Consultation result;

k/ Conclusions, propositions and commitments made by the
investment project owner.

2. The
   Minister of Natural Resources and Environment shall elaborate this
   Article.

Article 33. Consultation during EIA

1. Consultees
   include:

a/ Residential communities and individuals under direct impact
of the investment project;

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

2. Responsibility
   for holding a consultation:

a/ The investment project owner shall hold a consultation with
the consultees specified in Clause 1 of this Article. It is advisable to
consult experts during the EIA;

b/ Agencies and organizations mentioned in Point b Clause 1 of
this Article shall give a written response to the investment project owner
within the prescribed time limit; if the time limit expires and a written
response fails to be given, it is considered that such agencies and
organizations agree to the consultation contents.

3. Contents
   of a consultation consist of:

a/ Location of the investment project;

b/ Environmental impacts of the investment project;

c/ Measures to reduce adverse environmental impacts;

d/ Environmental management and supervision program;
environmental emergency prevention and response scheme;

dd/ Other contents related to the investment project.

4. The
   consultation shall be held by publishing it on websites and adopting one
   or more of the following methods:

a/ Holding a meeting to collect comments;

b/ Collecting written comments.

5. The
   consultation result is important for the investment project owner to work
   out solutions for minimizing environmental impacts and complete the
   environmental impact assessment report. The consultation result shall be
   processed and fully and truthfully present comments and propositions made
   by consultees and entities getting interested in the investment project
   (if any). If the comments or propositions are objected, the investment
   project owner is required to provide a clear explanation. The investment
   project owner shall take legal responsibility for consultation contents
   and result specified in the environmental impact assessment report.


6. Investment
   projects on the list of state secrets are not subject to consultation.


7. The
   Government shall elaborate this Article.

Article 34. Appraisal of EIAR

1. An
   application for EIAR appraisal consists of:

a/ An application form EIAR appraisal;

b/ The EIAR;

c/ A feasibility study report of the investment project or
equivalent document.

2. For
   a construction project whose feasibility study report is subject to
   appraisal by the specialized construction authority as prescribed by the
   Law on Construction, the project owner is entitled to submit the
   application for EIAR appraisal together with the application for
   feasibility study report appraisal; the project owner must submit the
   application before the verdict on feasibility study report appraisal is
   available.


3. The
   EIAR shall be appraised as follows:

a/ The appraising authority shall decide to establish an
appraisal council consisting of at least 07 members; send the council
establishment decision together with the documents specified in Points b and c
Clause 1 of this Article to each member;

b/ At least one-third of the appraisal council’s members are
experts. An expert must have expertise in environment or another field related
to the investment project and at least 07 years’ working experience if he/she
holds a bachelor’s degree or equivalent qualification, at least 03 years’
working experience if he/she holds a master’s degree or equivalent
qualification or at least 02 years’ working experience if he/she holds a
doctorate degree or equivalent qualification;

c/ Experts participating in conducting EIA of the investment
project are not allowed to join the council appraising the EIAR of such
project;

d/ If the investment project discharges wastewater into a
hydraulic structure, the appraisal council must have a representative of the
regulatory body managing such hydraulic structure; the appraising authority
shall collect written comments and reach an agreement with that regulatory body
before approving the appraisal result.

The regulatory body managing the hydraulic structure shall
appoint a member to join the appraisal council and comment on the approval of
the appraisal result in writing within the time limit for comment collection;
if such time limit expires and a written response fails to be given, it is
considered that such body agrees to the EIAR contents;

d/ Council’s members shall consider the application for
appraisal, make remarks about the appraisal contents specified in Clause 7 of
this Article and take legal responsibility for their remarks;

e/ The appraising authority shall consider, evaluate and
consolidate comments of council’s members and relevant organizations (if any)
to form a basis for deciding to approve the EIAR appraisal result.

4. If
   necessary, the appraising authority shall carry out a survey to collect
   comments of organizations and experts to appraise the EIAR.


5. During
   the appraisal, if revisions to the EIAR are necessary, the appraising
   authority shall notify the investment project owner in writing to make
   such revisions.


6. The
   time limit for EIAR appraisal begins on the date of receiving a
   satisfactory application and is as follows:

a/ Not exceeding 45 days with respect to the Group I investment
project mentioned in Clause 3 Article 28 of this Law;

b/ Not exceeding 30 days with respect to the Group II investment
project mentioned in Point c, d, dd or e Clause 4 Article 28 of this Law.

c/ Within the time limit specified in Points a and b of this
Clause, the appraising authority shall notify the investment project owner in
writing of the appraisal result. The time when the investment project owner
revises the EIAR at the request of the appraising authority and the time when
the approval decision is considered to be issued as prescribed in Clause 9 of
this Article shall not be included in the time limit for appraisal;

d/ The time limit mentioned in Points a and b of this Clause may
be extended under the Prime Minister’s decision.

7. Contents
   of EIAR appraisal are composed of:

a/ Conformity with the national environmental protection
planning, regional planning, provincial planning and regulations of law on
environmental protection;

b/ Conformity of the EIA method and other methods adopted (if
any);

c/ Conformity of result of identification of a work item or
activity likely to result in adverse environmental impacts;

d/ Conformity of result of assessment of state of the
environment and biodiversity; identification of affected subjects and sensitive
environmental factor at the project location;

dd/ Conformity of result of identification and prediction of
major environmental impacts and waste generated from the investment project;
prediction of environmental emergencies;

e/ Conformity and feasibility of environmental protection works
and measures; environmental improvement and remediation scheme (if any);
biodiversity offsetting plan (if any); environmental emergency prevention and
response scheme;

g/ Conformity of the environmental management and supervision
program; adequacy and feasibility of environmental commitments made by the
investment project owner.

8. The
   Prime Minister shall decide to organize the EIAR appraisal that needs
   foreign consultants. Result of the EIAR appraisal carried out by foreign
   consultants shall serve as the basis for the competent authority specified
   in Article 35 of this Law to approve the EIAR appraisal result.


9. Within
   20 days from the receipt of the EIAR revised (if any) as requested by the
   appraising authority, the head of the appraising authority shall decide to
   approve the appraisal result; in case of refusal to grant approval,
   respond to the investment project owner and provide explanation in
   writing.


10. The
    submission of application for EIAR appraisal, receipt, processing and
    notification of the EIAR appraisal result shall be carried out in person
    or by post or through the online public service system at the request of
    the investment project owner.


11. The
    Minister of Natural Resources and Environment shall elaborate
    organizational structures and operation of appraisal councils; make
    publicly available list of appraisal councils; forms of documents included
    in the application for EIAR appraisal and decision to approve EIAR
    appraisal result; time limit for comment collection specified in Point d
    Clause 3 of this Article.

Article 35. Power to appraise EIAR

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

a/ Group I investment projects mentioned in Clause 3 Article 28
of this Law;

b/ Group II investment projects in Points c, d, dd and e Clause
4 Article 28 of this Law subject to investment guideline decision or approval
by the National Assembly and Prime Minister; investment projects involving 02
provinces or more; investment projects located within territorial waters to
which responsibility of the provincial People’s Committee for administrative
management are yet to be assigned; investment projects subject to issuance of
the mineral mining license, license to extract and use water resources, sea
dumping permit and marine area transfer decision by the Ministry of Natural
Resources and Environment.

2. The
   Ministry of National Defense and Ministry of Public Security shall
   organize appraisal of EIARs for investment projects classified as state
   secrets in the field of national defense and security.


3. Provincial
   People’s Committees shall organize appraisal of EIARs for investment
   projects within their provinces, except for the investment projects in
   Clauses 1 and 2 of this Article. Ministries and ministerial agencies shall
   cooperate with provincial People’s Committees shall appraise EIARs for
   investment projects subject to investment guideline and decision by such
   provincial People’s Committees.

Article 36. Decision on approval of EIAR appraisal result

1. The
   decision on approval of EIAR appraisal result shall serve as the basis for
   a competent authority to perform the following tasks:

a/ Issue and adjust the mineral mining license for mineral
mining projects;

b/ Approve oil and gas exploration and field development plan
for oil and gas exploration and extraction projects;

c/ Approve feasibility study reports for public-private
partnership investment projects;

d/ Give conclusions on appraisal of feasibility study reports
for construction projects;

dd/ Issue environmental licenses;

e/ Issue sea dumping permits; marine area transfer decisions;

g/ Issue investment decisions for investment projects not
mentioned in Points a, b, c, d, dd and e of this Clause.

2. Except
   for the investment projects classified as state secrets, the appraising
   authority shall send the decision on approval of EIAR appraisal result to
   the investment project owner and agencies concerned as follows:

a/ The Ministry of Natural Resources and Environment shall send
it to the People’s Committee of the province where the investment project is
executed and other agencies in accordance with relevant regulations of law. The
provincial People’s Committee shall send it to the provincial specialized
environmental protection authority, People’s Committee of the district or
commune where the investment project is executed and management board of an
industrial park, export-processing zone, hi-tech zone or economic zone of the
province or central-affiliated city for the investment project executed in the
dedicated area for production, business operation and service provision;

b/ The provincial People’s Committee shall send it to the
Ministry of Natural Resources and Environment, provincial specialized
environmental protection authority, People’s Committee of the district or
commune where the investment project is executed and management board of an
industrial park, export-processing zone, hi-tech zone or economic zone of the
province or central-affiliated city for the investment project executed in the
dedicated area for production, business operation and service provision.

3. If
   the investment project owner is changed, the new one shall continue to
   implement the decision on approval of EIAR result and inform the EIAR
   appraising authority and provincial specialized environmental protection
   authority.

Article 37. Responsibility of investment project owner after
obtaining decision on approval of EIAR appraisal result

1. Revise
   contents of the investment project and EIAR in conformity with
   environmental protection contents and requirements set out in the decision
   on approval of EIAR appraisal result.


2. Fully
   comply with the decision on approval of EIAR appraisal result.


3. Send
   a notification of completion of environmental protection work to the
   authority approving EIAR appraisal result before officially putting the
   project into official operation in the case where the project is not
   required to obtain the environmental license.


4. During
   the preparation and execution of the investment project before being put
   into operation, in case of deviation from the decision on approval of EIAR
   appraisal result, the investment project owner shall:

a/ conduct EIA of the investment project if there is any change
to scale, capacity or production technology or another change resulting in an
increase in environmental adverse impacts;

b/ notify the competent authority for approval during the
issuance of the environmental license to the investment project required to
obtain the environmental license in the case of change of a production
technology, waste treatment technology or location into which treated
wastewater is directly discharged other than the case specified in Point a of
this Clause; addition of an industry or business line in which investment is
encouraged to the dedicated area for production, business operation and service
provision or industrial cluster;

c/ conduct environmental impact self-assessment, consider,
decide and take legal responsibility for other changes other than those
specified in Points a and b of this Clause; incorporate the environmental
impact self-assessment in the report on proposal for issuance of the
environmental license (if any).

5. Make
   publicly available the EIAR of which the result of appraisal has been
   approved as prescribed in Article 114 of this Law, except for the
   information classified as state secrets or enterprise’s secrets as
   prescribed by law.


6. Perform
   other tasks as prescribed by the law on environmental protection.


7. The
   Government shall elaborate Clause 4 of this Article.

Article 38. Responsibility of EIAR appraising authority

1. Take
   responsibility for EIAR appraisal results and decisions on approval of
   EIAR appraisal results.


2. Publish
   decisions on approval of EIAR appraisal results on its web portal, except
   for the information classified as state secrets or enterprise’s secrets as
   prescribed by law.


3. Establish
   and integrate EIA database to the national environmental database.

Section 4. ENVIRONMENTAL LICENSE

Article 39. Obliged applicants for environmental license

1. Group
   I, II and III projects that generate wastewater, dusts and exhaust gases
   that must be treated into the environment or generate hazardous waste that
   must be managed in accordance with regulations on waste management before
   officially being put into operation.


2. Investment
   projects, dedicated areas for production, business operation and service
   provision and industrial clusters operating before the effective date of
   this Law and applying environmental criteria as the projects mentioned in
   Clause 1 of this Article.


3. If
   the projects mentioned in Clause 1 of this Article are urgent public
   investment projects as prescribed by the Law on Public Investment, they
   are exempt from the environmental license.

Article 40. Contents of environmental license

1. Contents
   of an environmental license include general information about the
   investment project, business, dedicated area for production, business
   operation and service provision or industrial cluster; items to be
   licensed; environmental protection requirements; validity period; other
   contents (if any).


2. Items
   to be licensed include:

a/ Source of wastewater; maximum wastewater flow rate;
wastewater flow; pollutants and permissible limits of pollutants in the
wastewater flow; location and method of wastewater discharge and wastewater
receiving bodies;

b/ Source of emissions; maximum exhaust gas flow rate;
wastewater flow; pollutants and permissible limits of pollutants in the
emissions flow; location and method of exhaust gas discharge;

c/ Source and permissible limits of noise and vibration;

d/ Works and system for hazardous waste treatment; hazardous
waste code and quantity of waste permitted for treatment, quantity of hazardous
waste transfer stations, operating area with regard to the investment project,
hazardous waste treatment service providers;

dd/ Type and quantity of scrap permitted for import with regard
to the investment project, establishments importing scrap as production
materials

3. Environmental
   protection requirements are as follows:

a/ There should be appropriate works and measures for collecting
and treating waste and emissions and reducing noise and vibration; in the case
of discharge of wastewater into hydraulic structures, environmental protection
requirements should be in place to be applied to the source of water discharged
into hydraulic structures;

b/ Regarding investment projects and hazardous waste treatment
providers, there should be measures, systems, works and equipment serving
storage, transport, transfer, preliminary processing and treatment which
satisfy technical and managerial requirements,;

c/ Regarding investment projects and establishments importing
scrap as production materials, there should be appropriate warehouses and yards
for scrap storage; recycling equipment; impurity treatment scheme; re-export
scheme;

d/ There should be environmental management and supervision
plans, environmental emergency prevention and response plans; equipment and
works serving environmental emergency prevention and response and environmental
monitoring;

dd/ It is required to manage domestic solid waste, normal
industrial solid waste and hazardous waste; improve and remediate
environmental; carry out biodiversity offsets according to regulations of law;

e/ Other environmental protection requirements (if any).

4. The
   environmental license shall be valid for:

a/ 07 years, regarding group I investment projects;

b/ 07 years, regarding businesses, dedicated areas for
production, business operation and service provision and industrial clusters
operating before the effective date of this Law and applying environmental
criteria as Group I investment projects;

c/ 10 years, regarding the license holders not mentioned in
Points a and b of this Clause;

d/ The validity period may be shorter than that specified in
Points a, b and c of this Clause at the request of the investment project
owners, businesses, investors in construction and commercial operation of
infrastructure in dedicated areas for production, business operation and
service provision and industrial clusters (hereinafter collectively referred to
as “investment project/business owners”).

5. The
   Minister of Natural Resources and Environment shall promulgate form of the
   environmental license.

Article 41. The power to issue environmental license

1. The
   Ministry of Natural Resources and Environment shall issue the
   environmental license to the following applicants, except for the case
   specified in Clause 2 of this Article:

a/ The projects in Article 39 hereof for which the EIAR
appraisal result has been approved by the Ministry of Natural Resources and
Environment;

b/ The projects specified in Article 39 hereof that involve 02
provinces or more or are located within territorial waters to which
responsibility of the provincial People’s Committee for administrative
management are yet to be assigned; establishments importing scrap as production
materials, hazardous waste treatment service providers.

2. The
   Ministry of National Defense and Ministry of Public Security shall issue
   the environmental license to investment projects and establishments
   classified as state secrets in the field of national defense and security.


3. Provincial
   People’s Committees shall issue the environmental license to the following
   obliged applicants, except for the cases specified in Clauses 1 and 2 of
   this Article:

a/ Group II investment projects in Article 39 hereof;

b/ Group II investment projects in Article 39 hereof that
involve 02 districts or more;

c/ The investment projects in Clause 2 Article 39 hereof for
which the EIAR appraisal result has been approved by the provincial People’s
Committee or Ministry of Natural Resources and Environment or ministerial
agency.

4. District-level
   People’s Committees shall issue the environmental license to the
   applicants in Article 39 hereof, except for the cases specified in Clauses
   1, 2 and 3 of this Article.

Article 42. Bases and time for issuance of environmental license

1. Bases
   for issuance of the environmental license include:

a/ The application for issuance of environmental license
specified in Clause 1 Article 43 hereof;

b/ The EIAR of which result of appraisal has been approved by
the competent authority (if any);

c/ National environmental protection planning, provincial
planning, regulations on environmental zoning and environment’s carrying
capacity under the competent authority’s decision, except for the case
specified in Point e of this Clause;

d/ Technical regulation on environment;

dd/ Regulations of law on environmental protection, water
resources and other relevant regulations of law;

e/ At the time of issuing the environmental license, if the
national environmental protection planning, provincial planning or regulation
on environmental zoning or environment’s carrying capacity has not yet been
promulgated by the competent authority, the environmental license shall be
issued according to Points a, b, d and dd of this Clause.

2. The
   time for issuance of the environmental license is as follows:

a/ An investment project subject to EIA must obtain the
environmental license before trial operation of the waste treatment work,
except for the case in Point c of this Clause;

b/ An investment project not subject to EIA must obtain the
environmental license before the competent authority promulgates the document
specified in Points a, b, c, d and g Clause 1 Article 36 of this Law. If a
construction project is not subject to feasibility study report appraisal by the
specialized construction authority in accordance with regulations of law on
construction, it must obtain the environmental license before the competent
authority issues or adjusts the construction permit;

c/ If the waste treatment work of the investment project in
Clause 2 Article 39 hereof is currently under trial operation as prescribed by
law before the effective date of this Law, the project owner is entitled to
continue the trial operation to obtain the environmental license after the
trial operation is done or prepare an application for the environmental license
before the trial operation is done. The project owner is not required to carry
out the trial operation again, however, the result of trial operation must be
reported and evaluated as prescribed in Article 46 of this Law;

d/ The business, dedicated area for production, business
operation and service provision or industrial cluster in Clause 2 Article 30
hereof that has been put into official operation before the effective date of
this Law must obtain the environmental license within 36 months from the
effective date of this Law, except for the case where the competent authority
has issued the certificate of completion of environmental protection work,
certificate of conformity with environmental standard, certificate of
eligibility for environment protection in import of scrap as production
materials, license for hazardous waste treatment, license to discharge
wastewater into water sources, license to discharge wastewater into hydraulic
structure (hereinafter collectively referred to as the “component environmental
license”). The component environmental license may be used as the environmental
license until its expiry or within 05 years from the effective date of this Law
if it is an indefinite-term component environmental license.

3. If
   the investment project or project on construction of a business, dedicated
   area for production, business operation and service provision or
   industrial cluster is executed in multiple phases or has multiple works or
   work items, the environmental license may be issued to each phase, work or
   item work that generates waste. The later issued environmental license
   shall incorporate contents of the previously issued license that is still
   effective.


4. The
   environmental license shall serve as the basis for carrying out the
   following activities:

a/ Inspection and supervision by competent authorities of
environmental protection activities of investment projects, businesses,
dedicated areas for production, business operation and service provision and
industrial clusters;

b/ Assumption of responsibility for environmental protection by
investment project/business owners.

5. If
   name of the investment project, business or dedicated area production,
   business operation and service provision or investment project/business
   owner is changed, the investment project/business owner shall continue to
   comply with the environmental license and notify the licensing authority
   for renewal of the license.


6. From
   the effective date of the environmental license, the decision on approval
   of EIAR appraisal result and component environmental license becomes null
   and void.

Article 43. Applications and procedures for issuance of
environmental license

1. An
   application for issuance of an environmental license includes:

a/ An application form;

b/ A report on proposal for issuance of the environmental
license;

c/ Legal and technical documentation of the investment project,
business, dedicated area for production, business operation and service provision
or industrial cluster.

2. Procedures
   for issuance of the environmental license are as follows:

a/ An investment project/business owner shall send an
application for issuance of the environmental license to the competent
authority specified in Article 41 hereof. The application may be submitted in
person or by post or through the online public service system;

b/ The licensing authority shall receive the application and
inspect its adequacy and validity; make publicly available contents of the
report on proposal for issuance of the environmental license, except for
information classified as state secrets or enterprise’s secrets as prescribed
by law; consult relevant organizations and individuals; carry out a site
inspection of the investment project, business, dedicated area for production,
business operation and service provision or industrial cluster; carry out
appraisal and issue the environmental license.

The sequence of receiving and handling administrative procedures
shall be followed in person, by post or through the online public service
system at the request of the investment project/business owner;

c/ If the investment project, business, dedicated area for
production, business operation and service provision or industrial cluster
discharges wastewater into a hydraulic structure, the licensing authority shall
collect written comments and reach an agreement with the regulatory body
managing such hydraulic structure before issuing the environmental license;

d/ If the investment project or business is located within a
dedicated area for production, business operation and service provision or
industrial cluster, the licensing authority shall collect written comments of
the investor in construction and commercial operation of such dedicated area
for production, business operation and service provision or industrial cluster
before issuing the environmental license;

3. The
   licensing shall be based on appraisal of the report on proposal for
   issuance of the environmental license. The licensing authority shall establish
   an appraisal council and inspectorate in accordance with the Government’s
   regulations.

Regarding the investment project, business, dedicated area for
production, business operation and service provision or industrial cluster that
discharges wastewater into a hydraulic structure, the appraisal council and
inspectorate shall include a representative from the regulatory body managing
such hydraulic structure.

The regulatory body managing the hydraulic structure shall
appoint a member to join the appraisal council and inspectorate and comment on
the licensing within the time limit for comment collection; if such time limit
expires and a written response fails to be given, it is considered that such
body agrees to the licensing.

4. The
   time limit for licensing begins on the date of receiving a satisfactory
   application and is as follow:

a/ Not exceeding 45 days if the environmental license is issued
by the Ministry of Natural Resources and Environment, Ministry of National
Defense and Ministry of Public Security;

b/ Not exceeding 30 days if the environmental license is issued
by a provincial or district-level People’s Committee;

c/ The licensing authority may impose a shorter time limit than
that specified in Points a and b of this Clause according to the type, scale
and nature of the investment project, business, dedicated area for production,
business operation and service provision or industrial cluster.

5. If
   an investment project, business, dedicated area for production, business
   operation and service provision required to obtain the environmental
   license performs radiation works, it shall, in addition to complying with
   regulations of this Law, comply with regulations of law on atomic energy.


6. The
   Government shall elaborate this Article.

Article 44. Renewal, adjustment, re-issuance, suspension and
revocation of environmental license

1. An
   environmental license shall be renewed in the case specified in Clause 5
   Article 2 of this Law but other information in the license remains
   unchanged.


2. An
   environmental license may be adjusted within its validity period in one of
   the following cases:

a/ Any of the items specified in Clause 2 Article 40 hereof is
changed at the request of the investment project/business owner as prescribed
by law, except for the case specified in Point b Clause 3 of this Article;

b/ The investment project or business provides hazardous waste
services or imports scrap as production materials after the trial operation is
done to suit its operating capacity.

3. An
   environmental license may be re-issued in the following cases:

a/ The license expires;

b/ The investment project, business, dedicated area for
production, business operation and service provision or industrial cluster
makes any of the changes in the total scale, capacity or technology production
or another change resulting in adverse impacts on the environment, except for
the case where the investment project making the change is not subject to EIA.

4. The
   environmental license shall be suspended if the investment
   project/business owner commits an administrative violation against
   regulations on environmental protection which is so serious that the
   environmental license is suspended in accordance with regulations of law
   on penalties for administrative violations.


5. An
   environmental license shall be revoked in one of the following cases:

a/ The license is issued ultra vires;

b/ Its contents are against the law.

6. The
   Government shall elaborate this Article.

Article 45. Fees for issuance of environmental license

1. The
   investment project/business owner shall pay fees for issuance, re-issuance
   and adjustment of the environmental license.


2. The
   Minister of Finance shall provide for collection, payment, management and
   use of fees for issuance, re-issuance and adjustment of the environmental
   license issued by central government authorities.


3. Provincial
   People’s Councils shall provide for collection, payment, management and
   use of fees for issuance, re-issuance and adjustment of the environmental
   license issued by provincial and district-level People’s Committees as
   prescribed by law.

Article 46. Environmental protection works and trial operation
of waste treatment works of investment projects after obtaining environmental
license

1. Environmental
   protection works of an investment project include:

a/ Waste treatment works which are works and equipment serving
treatment of wastewater, dusts, emissions, solid waste and hazardous waste;

b/ Works for solid waste collection and storage which are works
and equipment serving collection and storage of normal solid waste, medical
solid waste and hazardous waste to satisfy the requirements for classifying, collecting,
storing, reusing, recycling and transporting solid waste to places of
treatment, reuse or recycling;

c/ Other environmental protection works.

2. Every
   investment project owner that has the waste treatment work specified in
   Point a Clause 1 of this Article shall, after obtaining the environmental
   license, carry out trial operation of such waste treatment work together
   with the trial operation of the entire investment project or for each
   investment phase of the project (if any) or for the independent waste
   treatment work item of the project to assess the conformity and
   satisfaction of a technical regulation on environment.


3. During
   trial operation of a waste treatment work, the investment project owner
   shall comply with environmental protection requirements according to the
   environmental license and regulations of law on environmental protection.


4. For
   the investment project that involves provision of hazardous waste
   treatment services or import of scrap as production materials, at least 45
   days before the end of its trial operation, the investment project owner
   shall send a report on trial operation to the authority issuing the
   environmental license to the project. The licensing authority shall carry
   out an inspection and decide to adjust the type and quantity of hazardous
   waste licensed for treatment or quantity of scrap licensed for import and
   impose penalties for violations (if any) as prescribed by law.


5. The
   Government shall elaborate this Article.

Article 47. Rights and obligations of investment
project/business owners issued with the environmental license

1. Every
   investment project/business owner issued with the environmental license
   has the right to:

a/ perform the licensed tasks specified in the environmental
license;

b/ apply for renewal, adjustment or re-issuance of the
environmental license;

c/ Other rights prescribed by law.

2. Every
   investment project/business owner issued with the environmental license
   has the obligation to:

a/ correctly and fully comply with the environmental protection
requirements specified in the environmental license net user Administrator
123456. If any content of the issued environmental license is changed, notify
the licensing authority for consideration;

b/ pay fees for issuance, re-issuance or adjustment of the
environmental license;

c/ correctly comply with regulations on trial operation of waste
treatment works of investment projects as prescribed in Article 46 of this Law;

d/ take responsibility for the accuracy and truthfulness of the
application for issuance of the environmental license;

dd/ make publicly available the environmental license, except
for information classified as state secrets and enterprise’s secrets as
prescribed by law;

e/ provide relevant information at the request of environmental
protection authorities during the inspection;

g/ Other obligations prescribed by law.

Article 48. Responsibilities of licensing authorities

Each licensing authority has the responsibility to:

1. Receive,
   inspect and appraise the application for environmental license and issue
   environmental licenses; renew, adjust or re-issue the environmental
   license at the request of investment project/business owners; take
   responsibility for contents of the environmental license; manage and store
   documents and data on the environmental license; partially suspend any
   investment projects, business, dedicated areas for production, business
   operation and service provision and industrial clusters’ activity that
   causes or is likely to cause serious consequences the environment; revoke
   environmental licenses.


2. Publish
   environmental licenses on its website, except for information classified
   as state secrets and enterprise’s secrets as prescribed by law.


3. Inspect
   the performance of environmental protection activities and compliance with
   environmental protection requirements by investment projects, businesses,
   dedicated areas for production, business operation and service provision
   and industrial clusters as prescribed by law.


4. Receive
   and handle propositions about environmental protection regarding the
   contents specified in the environmental license; instruct project
   investment owners to carry out trial operation of waste treatment works,
   remediation the environment and respond to environmental emergencies (if
   any) during trial operation.


5. Operate,
   update and integrate data on environmental licenses into the environmental
   information system and database. The reporting and sharing of information
   and data on environmental licenses shall be carried out in an
   interconnected manner and online within the environmental information
   system and database.

Article 49. Environmental registration

1. Obliged
   registrants:

a/ Waste-generating investment projects not required to obtain
an environmental license;

b/ Waste-generating businesses operating before the effective
date of this Law not required to obtain an environmental license.

2. The
   registrants specified in Clause 1 of this Article shall be exempt from
   environmental registration, including:

a/ Investment projects and businesses classified as state
secrets in the field of national defense and security;

b/ Investment projects when put into operation and businesses
that do not generate waste or only generate a small quantity of waste which is
treated using in situ waste treatment works or managed in accordance with
regulations of the local government;

c/ Other registrants.

3. Communal
   People’s Committees shall receive environmental registration forms of the
   registrants specified in Clause 1 of this Article in person, by post or
   through the online public service system.

For an investment project or business that involves at least 02
communes, the investment project/business owner is entitled to select the
People’s Committee of any commune to carry out environmental registration.

4. Environmental
   registration shall cover:

a/ General information about the investment project/business;

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

c/ Type and quantity of waste generated;

d/ A scheme to collect, manage and treat waste as prescribed;

dd/ Commitments to environmental protection.

5. During
   the operation, if the investment project or business changes any
   registered content, the investment project/business owner shall carry out
   environmental registration again before making a change.

If the scale or nature of the investment project or business
that is subject to EIA or required to obtain an environmental license, the
investment project/business owner shall comply with regulations on EIA and
environmental licenses in accordance with this Law.

6. The
   time for environmental registration is as follows:

a/ The investment projects that are specified in Point a Clause
1 of this Article and subject to EIA and environmental registration before
being put into official operation;

b/ The investment projects that are specified in Point a Clause
1 of this Article but not subject to EIA and environmental registration before
the competent authority issue the construction permit if a construction permit
is required in accordance with regulations of law on construction or before
waste is discharged into the environment if a construction permit is not
required in accordance with regulations of law on construction;

c/ The businesses that are specified in Point b Clause 1 of this
Article and subject to environmental registration within 24 months from the
effective date of this Law.

7. Communal
   People’s Committees shall:

a/ receive environmental registration forms;

b/ carry out inspections and impose penalties for violations
against the law on environmental protection committed by entities carrying out
environmental registration;

c/ provide guidance and handle propositions about environmental
protection regarding the contents registered by the entities carrying out
environmental registration;

d/ update data on environmental protection to the national
environmental information system and database.

8. The
   Government shall elaborate Points b and c Clause 2 of this Article.


9. The
   Minister of Natural Resources and Environment shall promulgate
   environmental registration forms and provide guidelines for receipt of
   environmental registration forms.

Chapter
V – ENVIRONMENTAL PROTECTION DURING PRODUCTION, BUSINESS
OPERATION AND SERVICE PROVISION; URBAN AND RURAL ENVIRONMENTAL PROTECTION;
ENVIRONMENTAL PROTECTION IN SOME FIELDS

Section 1. ENVIRONMENTAL PROTECTION DURING PRODUCTION, BUSINESS
OPERATION AND SERVICE PROVISION

Article 50. Environmental protection in economic zones

1. An
   economic zone must have environmental protection infrastructure,
   including:

a/ A solid waste collection and storage system;

b/ A rainwater collection and drainage system;

c/ A wastewater collection, drainage and treatment system which
ensures that treated wastewater complies with environmental protection
requirements; automatic and continuous wastewater monitoring system if the
economic zone has a centralized wastewater treatment system and is required to
carry out automatic and continuous monitoring in accordance with this Law;

d/ Green space with the ratio prescribed by the law on
construction.

2. Economic
   zone management boards must have an environmental protection department
   and personnel in charge of environmental protection majoring in
   environment or field suitable for their assigned tasks.


3. Every
   economic zone management board shall:

a/ inspect and supervise the construction of environmental
protection infrastructure in dedicated areas for industrial production of the
economic zone as prescribed by law;

b/ cooperate with local environmental protection authorities in
appraising EIARs, issuing environmental licenses, carrying out environmental
protection inspection and perform other environmental protection-related tasks
in the economic zone as prescribed by law;

c/ carry out inspection of environmental protection by
businesses, dedicated areas for production, business operation and service
provision and industrial cluster in the economic zone according to the plan
approved by the provincial People’s Committee;

d/ promptly discover violations against the law on environmental
protection committed by entities and propose penalties therefor as prescribed
by law;

dd/ perform other environmental protection-related tasks
assigned by the provincial People’s Committee as prescribed by law;

e/ submit a report on environmental protection by the economic
zone as prescribed by law;

g/ assume other responsibilities prescribed by law.

Article 51. Environmental protection in dedicated areas for
production, business operation and service provision

1. A
   dedicated area for production, business operation and service provision
   must have environmental protection infrastructure, including:

a/ A rainwater collection and drainage system; centralized
wastewater collection, drainage and treatment system which ensures that treated
wastewater satisfies environmental protection requirements;

b/ Works and equipment serving environmental emergence
prevention and response for wastewater as prescribed by law;

c/ An automatic and continuous wastewater monitoring system for
the centralized wastewater treatment system as prescribed by this Law;

d/ Green space with the ratio prescribed by the law on
construction.

2. Management
   boards of industrial parks, export-processing zones and hi-tech zones of
   provinces and central-affiliated cities must have an environmental
   protection department and personnel in charge of environmental protection
   majoring in environment or field suitable for their assigned tasks.


3. Every
   management board of an industrial park, export-processing zone or hi-tech
   zone of a province or central-affiliated city shall:

a/ inspect and supervise the construction of environmental
protection infrastructure in dedicated areas for production, business operation
and service provision as prescribed by law;

b/ cooperate with local environmental protection authorities in
appraising EIARs, issuing environmental licenses, carrying out environmental
protection inspection and perform other environmental protection-related tasks
in dedicated areas for production, business operation and service provision as
prescribed by law;

c/ carry out inspection of environmental protection in dedicated
areas for production, business operation and service provision as prescribed by
law;

d/ promptly discover violations against the law on environmental
protection committed by entities and propose penalties therefor as prescribed
by law;

dd/ submit a report on environmental protection in dedicated
areas for production, business operation and service provision as prescribed by
law;

e/ perform other environmental protection-related tasks assigned
by the provincial People’s Committee as prescribed by law;

g/ assume other responsibilities prescribed by law.

4. Every
   investor in construction and commercial operation of infrastructure of a
   dedicated area for production, business operation and service provision
   shall:

a/ satisfy the requirements set out in Clause 1 of this Article;

b/ arrange dedicated areas and types of production, business and
services in conformity with environmental protection requirements;

c/ construct a rainwater collection and drainage system
separately from the centralized wastewater collection, drainage and treatment
system;

d/ collect and connect wastewater of facilities in the dedicated
area for production, business operation and service provision to the
centralized water collection, drainage and treatment system;

dd/ request facilities discharging treated wastewater into the
rainwater collection and drainage system to halt discharge of treated
wastewater into the rainwater collection and drainage system within 24 months
from the effective date of this Law;

e/ provide personnel in charge of environmental protection
majoring in environment or field suitable for their assigned tasks;

g/ cooperate with an environmental protection authority,
management board of an industrial park, export-processing zone, hi-tech zone or
economic zone of a province or central-affiliated city in environmental
protection; cooperate in organizing inspection of environmental protection by
facilities in the dedicated area for production, business operation and service
provision as prescribed by law;

h/ organize the inspection of fulfillment of environmental
commitments by the investment project/business owner upon registering
investment in the dedicated area for production, business operation and service
provision;

i/ promptly discover violations against the law on environmental
protection committed by entities and propose penalties therefor as prescribed
by law;

k/ promulgate environmental protection regulations of the
dedicated area for production, business operation and service provision in
conformity with environmental protection requirements as prescribed by law;

i/ carry out environmental monitoring as prescribed by law;

m/ prepare a report on environmental protection in the dedicated
area for production, business operation and service provision and send it to
the provincial specialized environmental protection authority, licensing authority
and management board of the industrial park, export-processing zone, hi-tech
zone or economic zone of the province or central-affiliated city as prescribed
by law;

n/ assume other responsibilities prescribed by law.

5. Provincial
   People’s Committees shall:

a/ assist in construction and operation of infrastructure
serving environmental protection in dedicated areas for production, business
operation and service provision invested in by the State within their
provinces;

b/ direct specialized agencies and management boards of
industrial parks, export-processing zones, hi-tech zones and economic zones of
provinces and central-affiliated cities to comply with regulations of law on
environmental protection applicable to dedicated areas for production, business
and service provision;

c/ promulgate regulations on encouraging involvement of private
sector in construction, commercial operation and operation of infrastructure
serving environmental protection in dedicated areas for production, business
and service provision;

d/ assume other responsibilities prescribed by law.

6. The
   Government shall elaborate this Article.

Article 52. Environmental protection in industrial clusters

1. Every
   industrial cluster must have the environmental protection infrastructure
   specified in Clause 1 Article 51 of this Law.


2. An
   industrial cluster that is operating must satisfy the following
   requirements:

a/ The environmental protection infrastructure specified in
Clause 1 Article 51 of this Law must be completed within 24 months from the
effective date of this Law;

b/ In the case of exemption from connection to the centralized
wastewater collection, drainage and treatment system, it is required to ensure
that treated wastewater complies with environmental protection requirements
before discharging it into the environment; there should be an environmental
emergency prevention and response scheme tailored for the wastewater and
automatic and continuous wastewater monitoring system as prescribed by law.

3. An
   investor in construction and commercial operation of an industrial cluster
   shall:

a/ satisfy the requirements set out in Clause 1 of this Article;

b/ construct, manage and operate environmental protection
infrastructure as prescribed in Clause 1 of this Article.

c/ not accept new projects and capacity increase of existing
projects that generate waste in the industrial cluster before a centralized
wastewater collection, drainage and treatment system is available;

d/ collect and connect wastewater of facilities in the
industrial cluster to the centralized water collection, drainage and treatment
system;

dd/ request facilities discharging treated wastewater into the
rainwater collection and drainage system to halt discharge of treated
wastewater into the rainwater collection and drainage system within 24 months
from the effective date of this Law;

e/ deploy at least one person in charge of environmental
protection majoring in environment or field suitable for his/her assigned
tasks;

g/ cooperate with an environmental protection authority in
environmental protection; cooperate in organizing inspection of environmental
protection by facilities in the industrial cluster as prescribed by law;

h/ organize the inspection of fulfillment of environmental
commitments by the investment project/business owner upon registering
investment in the industrial cluster;

i/ promptly discover violations against the law on environmental
protection committed by entities and propose penalties therefor as prescribed
by law;

k/ promulgate regulations on environmental protection of the
industrial cluster in conformity with the environmental protection requirements
as prescribed by law;

l/ prepare a report on environmental protection by the
industrial cluster and send it to the provincial specialized environmental
protection authority, licensing authority and district-level People’s Committee
as prescribed by law;

m/ assume other responsibilities prescribed by law.

4. Encouragement
   of private sector involvement and provision of incentives and assistance
   to investors in construction and commercial operation of environmental
   protection infrastructure of industrial clusters shall comply with
   regulations of the Government and provincial People’s Committees.


5. District-level
   People’s Committees shall:

a/ construct, manage and operate infrastructure serving
environmental protection in industrial clusters if investors on construction
and commercial operation of industrial cluster infrastructure are not
available.

b/ prepare a list of industrial clusters that fail to have a
centralized wastewater collection, drainage and treatment system within their
districts and notify the provincial People’s Committees;

c/ assume other responsibilities prescribed by law.

6. Provincial
   People’s Committees shall:

a/ direct specialized agencies, district and communal-level
People’s Committee to comply with regulations of law on environmental
protection of industrial clusters;

b/ promulgate regulations on encouraging involvement of private
sector in construction, commercial operation and operation of infrastructure
serving environmental protection in industrial clusters;

c/ introduce a roadmap for relocate residents (if any) from
industrial clusters.

Article 53. Environmental protection in businesses

1. Every
   business shall:

a/ collect and treat wastewater in line with environmental
protection requirements. If the business operates in an industrial cluster,
dedicated area for production, business operation and service provision, urban
area or high density residential area that has a centralized wastewater
collection, drainage and treatment system, the business owner shall connect
wastewater to the centralized wastewater collection, drainage and treatment of
the investor in construction and commercial operation of that centralized
wastewater collection, drainage and treatment system, except for the case where
the business has been exempted from wastewater connection before the effective
date of this Law;

b/ comply with regulations set forth in Point dd Clause 4
Article 51 and Point dd Clause 3 Article 52 of this Law, regarding the business
operating in an industrial cluster or dedicated area for production, business
operation and service provision and discharging treated wastewater into the
rainwater collection and drainage system;

c/ collect, classify, store, reuse, recycle and treat waste as
prescribe by this Law;

d/ reduce, collect and treat dusts, emissions and unpleasant
odors; ensure noxious gases are not leaked or released into the environment;
control noise, vibration, light and heat radiation;

dd/ provide resources and equipment for environmental emergency
prevention and response;

e/ regarding the business specified in Point b Clause 2 Article
111 and Clause 2 Article 112 hereof, provide personnel in charge of environmental
protection majoring in environment or field suitable for their assigned tasks;
establish an environmental management system according to the national standard
TCVN ISO 14001 or international standard ISO 14001;

g/ carry out monitoring of wastewater, dusts and exhaust gases
in accordance with this Law.

2. In
   the following cases, businesses and warehouses must maintain a safe
   environmental distance from residential areas:

a/ Flammable and explosive substances are present;

b/ Radioactive substances, radioactive waste or radiation
equipment is present;

c/ Substances harmful to humans and animals are present;

d/ There is a risk of generating dusts, unpleasant odors or
noise resulting in adverse impacts on human health;

dd/ There is a risk of causing water contamination.

3. Household
   or individual businesses that generate wastewater or exhaust gases must
   have works or equipment for in situ waste treatment in accordance with
   environmental protection requirements or regulations of the provincial
   People’s Committee.


4. The
   Government shall elaborate Clause 2 of this Article.


5. The
   Minister of Natural Resources and Environment shall provide technical
   guidance and assess conformity of works or equipment for in situ waste
   treatment specified in Clause 3 of this Article.


6. The
   provincial People’s Committee shall introduce a roadmap to the business in
   Clause 2 of this Article operating within its province and failing to
   maintain the safe environmental distance.

Article 54. Responsibility of producers and importers for
recycling

1. Producers
   and importers of recyclable products and packages must recycle them
   according to the mandatory recycling rate and specifications, except for
   products and packages exported/temporarily imported or produced/imported
   for research, learning or testing purposes.


2. The
   producers and importers specified in Clause 1 of this Article are entitled
   to recycle products and packages adopting one of the following methods:

a/ Organize recycling of products and packages;

b/ Make a financial contribution to the Vietnam Environment
Protection Fund to support recycling of products and packages.

3. The
   producers and importers specified in Clause 1 of this Article shall
   register their recycling plans and submit annual reports on recycling results
   to the Ministry of Natural Resources and Environment, except for the case
   in Point b Clause 2 of this Article.


4. The
   financial contribution and use of financial assistance in recycling of
   products and packages specified in Point b Clause 2 of this Article shall
   adhere to the following principles:

a/ The financial contributions and financial assistance in
recycling are determined according to the quantity or unit of
products/packages;

b/ Financial contributions are used to support the recycling of
products and packages specified in Clause 1 of this Article;

c/ The receipt and use of financial contributions must be
carried out in a public and transparent manner and for intended purposes in
accordance with law.

5. The
   Government shall elaborate and introduce a roadmap for implementation of
   this Article.

Article 55. Responsibility of producers and importers for waste
collection and treatment

1. The
   producers and importers of products and packages which contain toxic
   substances, are difficult to recycle or cause a difficulty in collection
   and treatment must make a financial contribution to support the activities
   mentioned in Clause 3 of this Article, except for products
   exported/temporarily imported or produced/imported for research, learning
   or testing purposes.


2. The
   producers and importers specified in Clause 1 of this Article shall make a
   financial contribution to the Vietnam Environment Protection Fund; the
   financial contributions shall be determined according to the quantity or
   unit of products/packages.


3. Activities
   supported by the Vietnam Environment Protection Fund include:

a/ Collecting, transporting and treating domestic solid waste
generated from households and individuals;

b/ Researching and developing technologies, techniques and
initiatives for domestic solid waste treatment;

c/ Collecting, transporting and handling packages containing
agrochemicals.

4. The
   receipt and use of financial contributions must be carried out in a public
   and transparent manner and for intended purposes in accordance with law.


5. The
   Government shall elaborate this Article.

Article 56. Environmental protection in craft villages

1. Every
   craft village must have an environmental protection plan, an autonomous
   environmental protection organization and environmental protection
   infrastructure. Environmental protection infrastructure of a craft village
   includes:

a/ A wastewater and rainwater collection system which meets the
craft village’s needs for water drainage;

b/ A centralized wastewater collection, drainage and treatment
system (if any) which ensures that treated wastewater satisfies environmental
protection requirements;

c/ A solid waste aggregation point which satisfies technical
requirements for environmental protection; a solid waste treatment facility (if
any) which complies with regulations on solid waste management or a scheme to
transport solid waste to a solid waste treatment facility outside the craft
village.

2. Manufacturing
   establishments and households in a craft village must seek and implement
   environmental protection measures as prescribed by law; implement measures
   for noise, vibration, light, dusts, heat radiation, emissions and
   wastewater reduction and in situ pollution remediation; collect, classify,
   store and treat solid waste as prescribed by law.


3. Manufacturing
   establishments and households involved in industries and business lines
   that are not recommended in craft villages shall comply with the
   regulations laid down in Clause 2 of this Article and adhere to the plans
   for relocation or industry and business line conversion made by competent
   authorities.


4. Communal
   People’s Committees shall:

a/ prepare and implement environmental protection plans for
craft villages within their communes;

b/ provide guidance on operation of autonomous environmental
protection organizations in craft villages.

5. District-level
   People’s Committees shall:

a/ estimate budget for environmental protection of craft
villages;

b/ provide instructions on and develop models for environmental
protection of craft villages; produce and operate solid waste collection and
treatment models and in situ waste water treatment systems that satisfy
environmental protection requirements, which are funded by the State from the
budget for construction and environmental protection, and contributions of
entities in accordance with regulations of law.

6. Provincial
   People’s Committees shall:

a/ formulate planning for, build, renovate and develop craft
villages and craft villages clusters in association with environmental
protection;

b/ provide funding for environmental protection of craft
villages;

c/ direct and organize assessment of pollution levels and
remediation of environmental pollution in local craft villages;

d/ direct the construction of wastewater collection and
treatment systems; hazardous waste and normal solid waste dump sites and
hazardous waste and normal solid waste aggregation points and treatment
facilities in craft villages;

dd/ formulate a plan to relocate facilities causing long-lasting
or serious environmental pollution from residential areas and craft villages.

7. The
   Government shall elaborate this Article.

Section 2. URBAN AND RURAL ENVIRONMENTAL PROTECTION

Article 57. Environmental protection of urban areas and
residential areas

1. Environmental
   protection of urban areas and high density residential areas shall must
   ensure sustainable development associated with sustention of natural,
   cultural, historical elements, the ratio of green space, and satisfaction
   of requirements concerning landscape and environmental hygiene according
   to the planning.


2. Urban
   areas and high density residential areas shall satisfy environmental
   protection requirements. To be specific:

a/ Water supply and drainage networks and public sanitation
facilities must satisfy environmental protection requirements; wastewater
collection and treatment systems must be consistent and conformable with the
approved planning; if such urban areas and high density residential areas are
form before the effective date of this Circular but fail to provide land for
construction of wastewater collection and treatment systems, they shall comply
with Point c Clause 5 Article 86 of this Law;

b/ Equipment, vehicles and places for classifying solid waste at
source, collecting and storing domestic solid waste must suit the quantity and
type of waste generated from households and individuals in the urban areas and
high density residential areas;

c/ The green space, water surface and open space are present in
urban areas and high density residential areas as prescribed by law.

3. Parks,
   flower gardens, trees, water surface, public roads and natural ecosystem
   must be protected, preserved and renewed in accordance with requirements
   concerning aesthetics and environmental protection and must not be
   encroached upon, leveled or used for wrong purposes.


4. Residential
   areas and residential clusters must designate a pollution-free place for
   temporary storage of domestic solid waste before being transported a
   designated place for treatment as prescribed.


5. Investors
   in urban areas and high density residential areas must comply with the
   environmental protection requirements specified in Clauses 1, 2, 3 and 4
   of this Article.

Article 58. Rural environmental protection

1. Requirements
   for rural environmental protection:

a/ Organizations, households and individuals involved in
handicraft production, agricultural production and processing must adhere to
the planning and regulations of law on environmental protection without
affecting ambient environment quality; waste must be collected, reused and
treated in accordance with environmental protection requirements;

b/ Rural residential clusters must have water drainage systems
and take appropriate measures for waste treatment; waste aggregation points
must be properly located; domestic animals must not be pastured in public
places; autonomy in environmental protection is encouraged;

c/ Landscapes, trees, lakes, ponds and surface water ecosystems;
water sources must be preserved, protected, remediated and improved;

d/ Waste generated in rural areas must be managed in accordance
with law; organic domestic waste, waste generated from livestock production and
processing, and agricultural by-products must be recalled, reused or used as
production materials;

dd/ Rural environmental quality must be monitored and assessed;
pollution areas must be determined, zoned, dealt with, improved and remediated
and measures must be implemented to improve environmental quality.

2. Responsibility
   for rural environmental protection:

a/ Communal People’s Committees shall statistically report and
manage types of domestic waste, agricultural waste and handicraft industry
waste generated within their communes; organize activities aimed at maintaining
environmental hygiene and improving rural landscape; promulgate regulations on
autonomy in environmental protection in rural areas;

b/ District-level People’s Committees shall manage production,
business operation and service provision in accordance with environmental
protection regulations according to the approved planning; manage waste
collection and treatment within their districts; invest in and upgrade systems
for wastewater drainage and treatment systems, solid waste collection and
treatment in rural areas; organize monitoring and assessment of changes in
environmental quality; zone, deal with, improve, remediate and improve
environment in pollution points and areas in rural areas;

c/ Provincial People’s Committees shall provide directions and
resources for rural environmental protection; direct and organize treatment of
waste generated in rural areas; promulgate and provide guidelines for
application of policies on provision of incentive and assistance for waste
treatment, landscaping and environmental protection in rural areas;

d/ The Ministry of Natural Resources and Environment shall
preside over and cooperate with the Ministry of Agriculture and Rural
Development in providing guidelines for satisfying criteria for rural environmental
protection, implementing measures for waste collection and treatment,
monitoring changes in environmental quality, dealing with pollution and
improving and remediating environment in rural areas;

1. dd)
   The Ministry of Agriculture and Rural Development shall provide guidelines
   for collecting and treating livestock waste and agriculture by-products to
   be reused for other purposes; preside over and cooperate with the Ministry
   of Natural Resources and Environment in formulating and organizing the
   execution of rural development programs, projects, mechanisms and policies
   in association with the objectives for environmental protection and
   climate change adaptation;

e/ The Prime Minister shall lay down criteria for environmental
protection in rural development.

Article 59. Environmental protection of public places

1. Organizations,
   households and individuals shall implement regulations on environmental
   protection and maintain hygiene in public places; classify waste and put
   it into each type of public trashcan or designated places; not let
   domestic animals spoil public hygiene.


2. Managers
   of parks, amusement parks, tourist resorts, markets, train stations, bus
   stations, ports, ferry terminals, and other public places shall:

a/ deploy personnel to collect waste and clean the environment
in places under their management; have personnel or teams in charge of
environmental protection for supervision purpose;

b/ build and install public sanitation facilities and in situ
waste treatment works in accordance with environmental protection; have
vehicles and equipment for collecting, managing and treating waste in line with
environmental protection requirements;

c/ promulgate, openly post and organize the implementation of
regulations on hygiene maintenance and environmental protection in public
places under their management;

dd/ promptly discover violations against the law on
environmental protection committed by entities and propose penalties therefor
as prescribed by law.

3. The
   authority appraising construction designs and issuing construction permits
   to the managers specified in Clause 2 of this Article shall, according to
   regulations of law on construction, collect specialized environmental
   protection authorities’ comments about the works and equipment for in situ
   wastewater treatment and equipment for collection and temporary storage of
   waste during the appraisal and issuance in accordance with the
   Government’s regulations.

Article 60. Environmental protection by households and
individuals

1. Households
   and individuals shall:

a/ minimize and classify domestic solid waste at source, collect
and transport classified domestic waste to designated places;

b/ minimize, treat and discharge wastewater into designated
places; not let domestic animals spoil hygiene in residential areas;

c/ not emit exhaust gases, make noises, vibration, and other
impacts which cause negative impacts to the local community;

d/ pay the fees for waste collection, transport and treatment
services as prescribed by law;;

dd/ participate in environmental protection in residential
community;

e/ have sanitation works as prescribed. In case of failure to
have any work or equipment for wastewater treatment or construction, renovation
or repair of a detached house in an urban area or high density residential
area, it is required to construct and install  work or equipment for in
situ wastewater treatment in accordance with environmental protection
requirements as prescribed.

2. Household
   scale livestock farms must maintain hygiene, not make noises and emit
   unpleasant odors; livestock waste must be collected and treated in
   accordance with regulations of law on environmental protection and other
   relevant regulations of law.


3. Authorities
   appraising construction designs and issuing construction permits to
   construction works and residential houses of households and individuals in
   urban areas in accordance with regulations of law on construction shall
   appraise construction designs and issue construction permits, including
   works and equipment for in situ wastewater treatment in accordance with
   environmental protection requirements.

Section 3. ENVIRONMENTAL PROTECTION IN CERTAIN FIELDS

Article 61. Environmental protection in agricultural production

1. Every
   entity that produces, imports, sells and/or uses chemicals, agrochemicals,
   veterinary drugs and fertilizers must comply with regulations of law on
   environmental protection regulations and other relevant regulations of
   law.


2. It
   is required to register, inventory, control, manage information about,
   assess and manage risks and handle chemicals, agrochemicals and veterinary
   drugs that are highly toxic, persist, spread and accumulate in the
   environment resulting in adverse impacts on environment and human health.


3. Expired
   fertilizers, environmental remediation products in livestock production,
   agrochemicals, veterinary drugs, aquaculture feeds and environmental
   remediation products in aquaculture must be managed in accordance with
   relevant regulations of law. Containers of fertilizers, animal feeds,
   aquaculture feeds, agrochemicals, veterinary drugs, environmental
   remediation products in aquaculture and products for livestock waste
   treatment after use, and sludge and feeds accumulated after cleaning of
   aquaculture ponds must be managed in accordance with waste management
   regulations. Sludge dredged from channels and hydraulic structures must be
   collected, reused, recycled and managed as prescribed by law. Dead animals
   must be collected and dealt with in accordance with regulations on
   hazardous waste management and preventive medicine.


4. Agricultural
   by-products must be collected to manufacture products and goods, used as
   raw materials and fuels, used for production of fertilizers and energy or
   managed as prescribed; by-products of plants must not be burned in the
   open air to avoid causing environmental pollution.


5. The
   use of livestock waste as organic fertilizers or for plant watering or for
   other purposes must comply with the Government’s regulations.


6. The
   State shall introduce policies to encourage innovation of models and
   methods for agricultural production in a sustainable and climate-resilient
   manner that saves water and restricts the use of inorganic fertilizers,
   agrochemicals and environmental remediation products in agriculture;
   develop environmentally-friendly agriculture models.


7. The
   Ministry of Agriculture and Rural Development shall direct and organize
   management of sludge dredged from channels and hydraulic structures in
   compliance with environmental protection requirements.

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

1. Hospitals
   and other health facilities must satisfy environmental protection
   requirements, including:

a/ collecting and treating wastewater in line with environmental
protection requirements before discharging it into the environment;

b/ classifying solid waste at source; collecting, storing,
transporting and treating solid waste in line with environmental protection
requirements. Domestic solid waste or normal solid waste that is mixed with
infectious biomedical waste must be managed as the infectious biomedical waste;

c/ giving priority to non-incineration and
environmentally-friendly technologies which must satisfy requirements for
environmental protection in management of infectious biomedical waste;

d/ encouraging disinfection of infectious biomedical waste to
remove pathogens that are potentially infectious before transporting them to
central treatment facilities;

dd/ having plans and equipment for prevention of and response to
environmental emergencies caused by biomedical waste;

e/ treating exhaust gases in line with environmental protection
requirements;

g/ building and operating sanitation facilities and waste
collection, storage and treatment systems as prescribed.

2. Health
   facilities that use radioactive sources and radiation equipment must
   comply with regulations of law on atomic energy.


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

a/ Identify, assess, warn, prevent and control pollutants that
are likely to impact human health; issues concerning diseases and human health
directly related to pollutants;

b/ Control and deal with sources of pollutants that impact human
health and issues concerning diseases directly caused by pollutants;

c/ Manage, share and publish information about pollutants that
directly impact human health.

4. The
   Minister of Natural Resources and Environment shall elaborate the
   transport and treatment of biomedical waste.


5. The
   Minister of Health shall elaborate the classification, collection, storage
   and management of biomedical waste within health facilities;
   determination, assessment, warning, monitoring and discovery of symptoms
   and causes of diseases and human health issues directly related to
   directly related to pollutants; identification and announcement of limits
   of pollutants in human body that are likely to affect human health;
   management, statistical reporting, sharing and publishing of information
   on disease issues associated with pollutants; assessment of costs and
   economic loss caused by diseases, health issues associated with
   environmental pollution; formulation, provision of instructions on and
   organization of implementation of measures to monitor and prevent diseases
   and human health issues related to pollutants; management, sharing,
   exchange and publishing of information about pollutants affecting human
   health.


6. Provincial
   People’s Committees shall provide for collection, transport and treatment
   of biomedical solid waste in conformity with local conditions; take
   responsibility for managing pollutants in connection with issues
   concerning diseases and human health within their provinces.

Article 63. Environmental protection during burial and cremation

1. Every
   burial and cremation site must conform to the planning, be located and
   maintain distance in accordance with requirements concerning environmental
   hygiene and landscape of the residential area and not pollute water
   sources and the surroundings.

The Government shall provide for environmental protection during
burial and cremation in conformity with customs, practices, folk beliefs and
religions.

2. Corpses
   and bones shall be mummified, transported, and buried in accordance with
   environmental hygiene requirements.


3. Provider
   of burial and cremation services must comply with regulations of law on
   environmental protection and prevention and control of infectious
   diseases.


4. The
   State recommends that cremation and burial be carried out in cemeteries
   according to planning and unsound customs that cause environmental
   pollution be eliminated.


5. The
   Minister of Health shall provide for the burial and cremation of people
   who die of dangerous epidemics.

Article 64. Environmental protection in construction

1. Construction
   planning must comply with requirements for environmental protection and
   climate change adaptation.


2. Planning
   for urban areas and high density residential areas shall be formulated in
   a manner that develops eco cities, saves energy, uses renewable energy and
   ensures the ratio of green space, water surface and landscape as
   prescribed by law.


3. The
   State shall encourage the reuse of waste generated from construction and
   use of non-baked and environmentally-friendly materials in construction.


4. When
   issuing construction permits and appraising construction designs of
   investment projects in accordance with regulations of law on construction,
   it is required to ensure that works, work items and equipment for waste
   treatment and works for environmental emergency prevention and response
   are conformable with regulations of law on environmental protection.


5. The
   construction, renovation, repair and dismantling of construction works
   must comply with the following environmental protection requirements:

a/ There must be measures to avoid generating dust, heat, noise,
vibration and light in excess of the permissible limits according to technical
regulations on environment;

b/ During construction, materials and waste must be transported
using appropriate vehicles that ensure no leakage or environmental pollution;

c/ Wastewater must be collected and treated in line with
environmental protection requirements;

d/ Usable solid waste and scrap shall be recycled and reused as
prescribed; soil, rocks and solid waste generated from construction shall be
reused as production materials and for leveling as prescribed;

dd/ Soil and sewage sludge generated from excavation, dredging
of topsoil and foundation excavation are used to fortify soil for planting
trees or suitable soil areas;

e/ Sewage sludge generated from septic tanks and cesspools must
be managed in accordance with regulations on management of normal industrial
solid waste;

g/ Solid waste and other types of waste must be collected,
stored and transported to treatment facilities in accordance with waste
management regulations.

6. Waste
   generated from renovation and dismantling of construction works of
   households and individuals in urban areas must be collected and
   transferred to facilities licensed for treatment thereof in accordance
   with regulations of provincial People’s Committees, except for the cases
   specified in Points d and dd Clause 5 of this Article.


7. Waste
   generated from renovation and dismantling of construction works of
   households and individuals in rural areas that do not have waste
   collection and treatment systems must be reused or dumped in accordance
   with regulations of provincial People’s Committees; must not be dumped on
   roads, into rivers, streams, channels and other sources of surface water
   affecting landscape and environment.


8. Provincial
   People’s Committees shall provide for collection, transport and treatment
   of construction solid waste and planning for sites for dumping of
   construction waste; sewage sludge from septic tanks, cesspools and water
   drainage systems.


9. The
   Minister of Construction shall formulate standards and technical
   regulations on design requirements for solid waste collection systems in
   line with the classification of solid waste at source of
   shopping-residential complexes; officetels; complex of mixed-use high-rise
   buildings.

Article 65. Environmental protection in transport

1. Transport
   vehicles must be tested and certified conformable with technical
   regulations on environment by registration authorities in accordance with
   regulations of law and international treaties to which the Socialist
   Republic of Vietnam is a signatory.


2. Vehicles
   used for transporting raw materials, materials and waste must be covered
   while they are using public roads in order to avoid leakage and pollution.


3. Entities
   involved in transport of dangerous goods must have necessary
   qualifications in environmental protection as prescribed by law.


4. The
   goods and materials at risk of pollution and environmental emergencies
   must be transported using specialized equipment and vehicles to ensure no
   leakage or discharge.


5. Upon
   construction of traffic works, measures should be in place to minimize and
   reduce impacts on topography, landscape, geology and natural heritage
   sites.


6. Provincial
   People’s Committees shall specify areas and sites for discharge and duping
   of materials dredged from the inland waterway and sea transport system;
   introduce measures for traffic diversion and control of environmental
   pollution in order to limit air pollution in special class and class I
   cities.


7. The
   Government shall promulgate policies to provide incentives for, assistance
   in and encourage the use of public transport, and renewable energy,
   fuel-efficient, low emission or zero emission vehicles; a roadmap for
   converting or removing vehicles using fossil fuels and causing
   environmental pollution.


8. The
   Minister of Transport shall promulgate national technical regulations on
   technical and environmental safety inspection of vehicles in accordance
   with regulations of law on transport and quality of products and goods and
   other relevant regulations of law; provide guidance on and organize the
   dredging within seaport waters and inland waterway waters as prescribed.

Article 66. Environmental protection during culture, sport and
tourism activities

1. Every
   entity that manages and operates sites/monuments, tourism areas, tourist
   attractions, tourist accommodation establishments and places for sports
   practice, performance and competition and every festival organizer shall
   comply with the regulations set out in Clause 2 Article 59 of this Law.


2. Visitors
   to sites/monuments, tourism areas, tourist attractions, tourist
   accommodation establishments, places for sports practice, performance and
   competition and festivals must:

a/ comply with the regulations on hygiene maintenance and
environmental protection;

b/ dispose of waste in designated places; limit the generation
of plastic waste;

c/ maintain public hygiene;

d/ not infringe upon landscapes and animals.

3. The
   Minister of Culture, Sports and Tourism shall:

a/ organize the implementation of regulations on environmental
protection of tourist accommodation establishments and tourism services;
development of tourist accommodation establishments and
environmentally-friendly tourism services;

b/ organize the implementation of regulations on encouraging the
reduction, reuse and recycling of plastic waste in culture, sport and tourism
activities.

Article 67. Environmental protection during exploration, mining
and processing of minerals and oil and gas activities

1. Every
   entity that explores, mines and processes minerals must formulate an
   environmental emergency prevention and response scheme and satisfy the
   following requirements for environmental protection, improvement and
   remediation:

a/ Collect and treat wastewater as prescribed;

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

c/ Take measures to prevent and restrict the discharge of dusts
and exhaust gases and other adverse impacts on the surroundings;

d/ Formulate an environment improvement and remediation scheme
and improve and remediate environment during mineral mining in accordance with
regulations of this Law and regulations of law on minerals;

dd/ Pay deposits on environmental protection as prescribed in
Article 137 of this Law.

2. Projects
   and facilities required to formulate an environmental improvement and
   remediation scheme include:

a/ Mineral mining projects;

b/ Mineral mining facilities operating before the effective date
of this Law but failing to formulate an environmental improvement and
remediation scheme or changing the environmental improvement and remediation
contents specified in the approved plan;

c/ Mineral mining facilities operating before the effective date
of this Law and having their environmental improvement and remediation scheme
approved but failing to cover the cost of implementation thereof as prescribed
by law.

3. Contents
   of an environmental protection and remediation scheme include:

a/ Solutions for environmental improvement and remediation;
analyzing and assessing the solutions and selecting the best solutions;

b/ List and quantity of items serving environmental improvement
and remediation for the selected solution;

c/ The implementation plan divided into multiple years and
stages of environmental improvement and remediation; environmental monitoring
program during the environmental improvement and remediation; plan to inspect
and confirm completion of the scheme;

d/ An estimate of costs of environmental improvement and
remediation for each item serving environmental improvement and remediation;
deposits paid according to a roadmap.

4. Toxic
   minerals must be stored and transported using specialized equipment and
   vehicles and covered to ensure no leakage or discharge.


5. The
   use of machinery and equipment adversely impacting the environment and
   toxic chemicals in mineral exploration, mining and processing and mine
   closure must be subject to EIA and specified in the application for
   environmental license.


6. The
   exploration, mining, transport and processing of other minerals containing
   radioactive substances, toxic substances and explosives must comply with
   regulations of this Law, regulations of law on chemical safety and atomic
   energy and other relevant regulations of law.


7. The
   Government shall elaborate the formulation and appraisal of schemes for
   environmental improvement and remediation in mineral mining; provide for
   specific requirements for environmental protection during trial operation,
   waste management and environmental monitoring in the case of oil and gas
   exploration, extraction and transport and relevant services at sea.


8. The
   Minister of Natural Resources and Environment shall provide forms and
   technical guidance to implement this Article.

Article 68. Environmental protection by research institutes,
training institutes and laboratories

1. Research
   institutes, training institutes and laboratories must:

a/ Collect and treat wastewater and exhaust gases in accordance
with environmental protection requirements;

b/ Classify solid waste at sources; collect and manage solid waste
in accordance with regulations of law on waste management;

c/ Process and destroy test specimens and chemicals in
accordance with technical regulations on environment;

d/ Make plans and provide equipment for prevention of and
response to environmental emergencies;

dd/ Satisfy other requirements in accordance with relevant
regulations of law.

2. Every
   research institute, training institute and laboratory that uses radioactive
   substances, radiation equipment, nuclear materials and nuclear equipment
   must comply with regulations of law on atomic energy.

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

1. Requirements
   for environmental protection during management of persistent pollutants
   and raw materials, fuels, materials, products, goods and equipment
   containing persistent pollutants are as follows:

a/ It is not permitted to produce, export, import and use
persistent organic pollutants and raw materials, fuels, materials, products,
goods and equipment containing persistent organic pollutants in the Annex A of
the Stockholm Convention whose content exceeds the maximum permissible limits
as prescribed by law, except for the persistent organic pollutants registered
for the specific exemptions under the Stockholm Convention;

b/ It is required to control sources of, publish information
about, label, assess the conformity of and check persistent pollutants and raw
materials, fuels, materials, products, goods and equipment containing
persistent pollutants as prescribed by law;

c/ Persistent organic pollutants and raw materials, fuels,
materials, products, goods and equipment containing persistent organic
pollutants whose content exceeds the maximum permissible limits as prescribed
by law are permitted to be recycled and disposed of provided that the recycling
and disposal do not result in the recall thereof for reuse purpose, and satisfy
environmental protection requirements;

d/ Persistent pollutants and raw materials, fuels, materials,
products, goods and equipment containing persistent pollutants whose content
exceeds the maximum permissible limits must be stored, recalled, managed and
handed in compliance with environmental protection requirements, except for the
case where they have been recycled or disposed of as prescribed in Point c of
this Clause;

dd/ Businesses shall include types and quantity of persistent
pollutants and raw materials, fuels, materials, products, goods and equipment
containing persistent pollutants discharged into water, air and soil in a list
and send it to a competent authority for the purposes of information
management, assessment and management of environmental risks as prescribed by
law;

e/ Areas in which persistent pollutants remain or which are
contaminated by persistent pollutants must be assessed, determined and warned
with respect to the risks they may pose, and safe management, environmental
improvement and remediation measures must be taken.

2. Responsibility
   for environmental protection during management of persistent pollutants
   and raw materials, fuels, materials, products, goods and equipment
   containing persistent pollutants is as follows:

a/ Entities shall satisfy the requirements set forth in Clause 1
of this Article;

b/ The Ministry of Natural Resources and Environment shall
preside over and cooperate with other Ministries and ministerial agencies
concerned in providing guidance on and organizing the compliance with the
requirements in Clause 1 of this Article; incorporate information relating to
monitoring of persistent pollutants into the national state of the environment
report under the Stockholm Convention, other international treaties to which
the Socialist Republic of Vietnam is a signatory and regulations of law;

c/ Ministries and ministerial agencies concerned and provincial
People’s Committees shall organize the compliance with requirements for
environmental protection during management of persistent pollutants and raw
materials, fuels, materials, products, goods and equipment containing
persistent pollutants in the sectors and local authorities under their
management according to the Stockholm Convention, other international treaties
to which the Socialist Republic of Vietnam is a signatory and regulations of
law.

d/ The Government shall elaborate the environmental protection
during management of persistent pollutants and raw materials, fuels, materials,
products, goods and equipment containing persistent pollutants according to the
Stockholm Convention and other international treaties to which the Socialist
Republic of Vietnam is a signatory.

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

1. Entities
   shall not import:

a/ used machinery, equipment and vehicles for dismantling
purposes, except for the case in Clause 2 of this Article;

b/ machinery, equipment, vehicles, goods, raw materials and
scrap contaminated by radioactive substances, germs or other toxins, which have
not yet been cleaned or cannot be cleaned.

2. The
   import and demolition of used ships must comply with national regulations
   on environment. The Government shall provide for entities eligible and
   conditions for import and demolition of used ships.


3. The
   import, temporary import, re-export and transit of goods at risk of
   environmental pollution shall comply with regulations of law on foreign
   trade management.

Article 71. Environmental protection during import of scrap

1. Scrap
   imported into Vietnam must comply with technical regulations on
   environment and be included in the list of scrap permitted for import as
   production materials promulgated by the Prime Minister.


2. Entities
   are only permitted to import scrap as production materials for their
   manufacturing establishments and must:

a/ have manufacturing establishments with technologies and
equipment serving scrap recycling and reuse, warehouses and sites exclusively
reserved for aggregation of scrap which satisfy environmental protection
requirements; prepare a scheme to deal with impurities in the imported scrap;

b/ have environmental licenses;

c/ pay deposits on environmental protection as prescribed in
Article 137 of this Law before scrap is unloaded in the case where it is
imported through sea border checkpoint or before scrap is imported into Vietnam
in other cases;

d/ have a written commitment to re-export or treatment of scrap if
the scrap is imported without satisfying environmental protection requirements.

3. The
   Government shall elaborate Clause 2 of this Article.

Chapter
VI – WASTE MANAGEMENT AND CONTROL OF OTHER POLLUTANTS

Section 1. GENERAL REGULATIONS ON WASTE MANAGEMENT

Article 72. Waste management requirements

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

a/ Waste must be managed during its generation, reduction,
classification, collection, storage, transfer, transport, reuse, recycling,
treatment and disposal;

b/ Hazardous waste and normal industrial solid waste source
owners shall reuse, recycle, treat and recover energy from such waste or
transfer them to licensed facilities having appropriate environmental license;

c/ Controlled industrial waste source owner shall identify
whether waste is hazardous waste or normal industrial solid waste through the
sample collection and analysis carried out by competent facilities in
accordance with regulations of law. After the identification, industrial waste
must be managed as prescribed by law;

d/ Waste that satisfies standards and technical regulations
applicable to raw materials, fuels and materials in accordance with regulations
of law on quality of products and goods must be managed as the products and
goods and is permitted to be used as raw materials, fuels and materials in
production activities;

dd/ Entities that transport domestic solid waste, hazardous
waste and normal industrial solid waste subject to treatment shall transport
waste to licensed facilities having appropriate environmental licenses or
transfer them to other transporters to be transported to licensed facilities
having an appropriate environmental license;

c/ The management of radioactive waste shall comply with
regulations of law atomic energy.

2. General
   requirements for waste management are as follows:

a/ Wastewater must be collected and treated according to
technical regulations on environment before being discharged into the receiving
bodies;

b/ It is advisable to reuse wastewater that satisfies
environmental protection requirements and serves intended purposes;

c/ Wastewater whose environmental parameters exceed the
permissible levels must be managed in accordance with hazardous waste
management;

d/ The discharge of treated wastewater into the environment must
be managed in accordance with regulations of law on environmental protection
and relevant to the carrying capacity of receiving water bodies;

3. Exhaust
   gases must be collected and treated in accordance with environmental
   protection requirements;


4. Every
   entity that generates waste shall adopt resource- and energy-efficient
   solutions; use environmentally-friendly raw materials, fuels and materials
   and renewable energy; apply cleaner production technologies and programs,
   control environment and other measures to minimize waste generation;
   update information to the national environmental database upon transfer of
   hazardous waste and normal industrial solid waste subject to treatment to
   facilities having an appropriate environmental license.


5. The
   State shall introduce a policy to encourage private sector involvement in
   collection, transport, reuse, recycling and treatment of waste and
   recovery of energy from the treatment of waste; apply advanced and
   environmentally-friendly technologies for waste management and best
   available techniques in order to minimize and control the generation of
   secondary waste, minimize solid waste ending up buried; encourage the
   co-processing of waste and use of waste as substitute materials, fuels and
   materials.


6. The
   Minister of Natural Resources and Environment shall promulgate a list of
   hazardous waste, controlled industrial waste and normal industrial solid
   waste; technical requirements for environmental protection for vehicles
   transporting domestic solid waste, normal industrial solid waste and hazardous
   waste.


7. Provincial
   People’s Committees shall manage waste within their provinces; promulgate
   waste management regulations and implement policies to provide incentives
   and assistance for waste management as prescribed by law.


8. The
   Government shall elaborate the prevention, reduction, classification,
   collection, transport, reuse, recycling and treatment of waste.

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

1. Entities
   shall reduce, classify and dispose of waste that is single-use plastic
   products and non-biodegradable plastic packaging according to regulations;
   not discharge plastic waste directly into the systems for drainage of
   water to rivers, ponds, lakes, channels and oceans.


2. Plastic
   waste generated from marine tourism and services, maritime economy,
   extraction of oil and gas and marine mineral resources, aquaculture and
   commercial fishing must be collected, stored and transferred to facilities
   licensed for recycling and treatment.


3. Environmentally-friendly
   products, single-use plastic alternatives and non-biodegradable plastic
   packaging alternatives that have been certified are entitled to incentives
   and assistance as prescribed by law.


4. Plastic
   waste must be collected and classified for reuse, recycling or treatment
   purpose as prescribed by law. Unrecyclable plastic waste must be
   transferred to licensed facilities for treatment as prescribed. Plastic
   waste generated from economic activities at sea must be collected for
   reuse, recycling or treatment and must not be discharged into the sea.


5. The
   State shall encourage the reuse and recycling of plastic waste in service
   of production of goods and building materials and construction of traffic
   works; encourage the research and development of systems for collecting
   and treating plastic waste floating at sea and in the ocean; introduce
   policies to promote reuse and recycling of plastic waste.


6. Provincial
   People’s Committees shall organize the collection and treatment of plastic
   waste within their provinces; encourage the reduction of non-biodegradable
   plastic packaging and single-use plastic products; disseminate information
   about harmful effects of dumping of fishing gear into the sea and plastic
   waste on the ecosystem.


7. The
   Government shall introduce a roadmap for reducing production and import of
   single-use plastic products, non-biodegradable plastic packaging and
   products and goods containing microplastics.

Article 74. Environmental auditing

1. Environmental
   auditing means the systematic, comprehensive and effective consideration
   and assessment of environmental management and pollution control by
   businesses.


2. The
   environmental auditing shall focus on:

a/ The use of energy, chemicals, raw materials and scrap
imported as production materials;

b/ Pollution control and waste management.

3. Businesses
   are encouraged to carry out environmental auditing themselves.


4. The
   Minister of Natural Resources and Environment shall provide technical
   guidance on environmental self-auditing by businesses.

Section 2. DOMESTIC SOLID WASTE MANAGEMENT

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

1. Domestic
   waste generated by households and individuals is classified as:

a/ Reusable and recyclable solid waste;

b/ Food waste;

c/ Other domestic solid waste.

2. Provincial
   People’s Committees shall to classify domestic solid waste specified in
   Point c Clause 1 of this Article within their provinces under the guidance
   of the Ministry of Natural Resources and Environment; introduce policies
   to encourage the classification of hazardous waste present in domestic
   solid waste generated by households and individuals.


3. Households
   and individuals in urban areas must contain the domestic solid waste
   already classified as prescribed in Clause 1 of this Article in packages
   for transfer as follows:

a/ Reusable and recyclable solid waste shall be transferred to
entities for reuse and recycling or facilities licensed for collection and
transport of domestic solid waste;

b/ Food waste and other domestic solid waste must be contained
in packages as prescribed and transferred to facilities licensed for collection
and transport of domestic solid waste; food waste may be used as organic
fertilizers and animal feeds.

4. Households
   and individuals in rural areas that generate domestic solid waste and
   classify them as prescribed in Clause 1 of this Article shall manage them
   as follows:

a/ Households and individuals are encouraged to make the most of
waste food to be used as organic fertilizers and animal feeds;

b/ Reusable and recyclable solid waste shall be transferred to
entities for reuse and recycling or facilities licensed for collection and
transport of domestic solid waste;

c/ If not used as prescribed in Point a of this Clause, food
waste shall be transferred to or facilities licensed for collection and
transport of domestic solid waste;

d/ Other domestic solid waste must be contained in packages as
prescribed and transferred to facilities licensed for collection and transport of
domestic solid waste.

5. Households
   and individuals in rural areas that produce domestic solid waste shall
   classify, contain and transfer domestic solid waste as prescribed in
   Clause 3 of this Article.


6. The
   classification, collection, transport and treatment of bulky waste shall
   comply with regulations imposed by provincial People’s Committees.


7. The
   Vietnamese Fatherland Front Committee and socio-political organizations at
   all levels shall encourage residential communities, households and
   individuals to classify domestic solid waste at source. Internal
   residential communities and socio-political organizations shall supervise
   the classification of domestic solid waste by households and individuals.

Article 76. Domestic solid waste aggregation points and transfer
stations

1. Every
   domestic solid waste aggregation point and transfer station must have
   different areas to store types of domestic solid waste to avoid mix-ups.


2. People’s
   Committees at all levels shall reserve land area for aggregation points
   and transfer stations in accordance with environmental protection
   according to the regulations imposed by the Ministry of Natural Resources
   and Environment.

Article 77. Collection and transport of domestic solid waste

1. People’s
   Committees at all levels shall select facilities for collection and
   transport of domestic solid waste through bidding in accordance with
   regulations of law on bidding. In case of failure to make a selection
   through bidding, the method of order placement or task assignment shall be
   adopted as prescribed by law.


2. Facilities
   collecting and transporting domestic solid waste are entitled to refuse to
   collect and transport households and individuals’ domestic solid waste
   that is not classified or contained in inappropriate packages and notify
   competent authorities as prescribed by law, except for the case where
   households and individuals use packages intended for other domestic solid
   waste as prescribed in Point c Clause 1 Article 75 of this Law.


3. Facilities
   collecting and transporting domestic solid waste shall cooperate with
   communal People’s Committees, residential communities and representatives
   of residential areas in determining time, places, frequency and routes for
   collecting domestic solid waste, and make them publicly available.


4. Facilities
   collecting and transporting domestic solid waste must use equipment and
   vehicles appropriately designed for each type of Domestic solid waste and
   satisfy environmental protection requirements in accordance with the
   regulations imposed by the Ministry of Natural Resources and Environment;
   domestic solid waste must be transported in compliance with regulations on
   routes and time of operation adopted by prescribed by the provincial
   People’s Committee.


5. Households
   and individuals shall transport classified domestic solid waste to
   aggregation points as prescribed or transfer them to facilities collecting
   and transporting domestic solid waste.


6. Investment
   project owners, owners, management boards of new urban areas, high-rise
   apartment buildings and office buildings must provide equipment and works
   for storage of domestic solid waste suitable for waste types specified in
   Clause 1 Article 75 of this Law; organize the collection of waste from
   households and individuals and transfer them to facilities collecting and
   transporting domestic solid waste.


7. Communal
   People’s Committees shall:

a/ inspect the compliance with regulations of law on
environmental protection regarding collection and transport of domestic solid
waste; take actions against violations of regulations on domestic solid waste
management within their power; consider and handle feedback and comments of
organizations, residential communities, households and individuals involved in
collection and transport of domestic solid waste;

b/ preside over and cooperate with facilities collecting and
transporting domestic solid waste, residential communities and socio-political
organizations in determining time, places, frequency and routes for collecting
domestic solid waste;

c/ instruct households and individuals to transfer domestic
solid waste to facilities in charge of collection and transport or aggregation
points as prescribed; instruct residential communities to supervise and make
publicly available cases of failure to comply with regulations on domestic
solid waste classification and collection.

Article 78. Domestic solid waste treatment

1. The
   State shall encourage and provide incentives for entities involved in
   investment in and provision of domestic solid waste treatment services;
   encourage co-processing of domestic solid waste.


2. People’s
   Committees at all levels shall select domestic solid waste treatment
   facilities through bidding in accordance with regulations of law on
   bidding. In case of failure to make a selection through bidding, the
   method of order placement or task assignment shall be adopted as
   prescribed by law.


3. Domestic
   solid waste treatment providers must fulfill environmental protection
   requirements as prescribed by this Law. It is not recommended to make
   investment in domestic solid waste treatment providers that cover only one
   commune.


4. Domestic
   solid waste must be treated using appropriate technologies and satisfying
   technical regulations on environment. The Government shall provide for the
   roadmap for reducing burial of domestic solid waste.


5. The
   Minister of Natural Resources and Environment shall promulgate criteria for
   domestic solid waste treatment technologies; provide guidelines for
   domestic solid waste treatment models in urban and rural areas.


6. Provincial
   People’s Committees shall formulate planning and reserve land area for
   domestic solid waste treatment facilities, promptly transfer land to build
   and operate domestic solid waste treatment facilities within their
   provinces; provide funding for construction and operation of systems for
   collection, storage, transfer, transport and treatment of domestic solid
   waste treatment; works, measures and public equipment serving domestic
   solid waste management within their provinces.

Article 79. Costs of collection, transport and treatment of
domestic solid waste

1. Charges
   for domestic solid waste collection, transport and treatment services
   payable by households and individuals shall be calculated as follows:

a/ The charges shall be calculated in accordance with
regulations of law on prices;

b/ The charges vary by quantity or volume of the classified
waste;

c/ If solid waste are reusable and recyclable and hazardous
waste is classified, households and individuals are not required to pay charges
for collection, transport and treatment services.

2. Any
   household or individual that fails to classify or correctly classify
   domestic solid waste as prescribed in Points a and b Clause 1 Article 75
   of this Law must pay charges for collection, transport and treatment
   services as other types of domestic solid waste.


3. Organizations,
   businesses, dedicated areas for production, business operation and service
   provision and industrial clusters that generate waste from their daily and
   office activities in small quantities prescribed by the Government are
   entitled to manage domestic solid waste as prescribed in Article 75 of
   this Law or Clause 4 of this Article.


4. Organizations,
   businesses, dedicated areas for production, business operation and service
   provision and industrial clusters that generate waste from their daily and
   office activities in large quantities prescribed by the Government must
   transfer it to a facility licensed for waste recycling, reuse and
   treatment or to a facility collecting and treating waste with appropriate
   vehicles and equipment to be transported to the facility licensed for
   waste recycling, reuse and treatment.


5. The
   Minister of Natural Resources and Environment shall provide guidance on
   method for determining charges for domestic solid waste treatment
   services; provide for economic and technical norms for collection,
   transport and treatment of domestic solid waste; provide technical
   guidance on classification of domestic solid waste; provide guidelines for
   implementation of Clause 1 of this Article.


6. Provincial
   People’s Committees shall elaborate the management of domestic solid waste
   of households and individuals within their provinces; impose specific
   charges for domestic solid waste collection, transport and treatment
   services; promulgate specific provisions on method of payment of charges
   and charges for domestic solid waste collection, transport and treatment services
   payable by households and individuals according to the quantity or volume
   of the classified waste.


7. The
   regulation set out in Clause 1 of this Article and Clause 1 Article 75 of
   this Law must be implemented by December 31, 2024.

Article 80. Environmental remediation and improvement in
domestic solid waste landfills

1. Closed
   and unsanitary domestic solid waste landfills must be remediated and
   improved in accordance with environmental protection requirements.


2. Every
   owner of project on investment in or facility managing a domestic solid
   waste landfill has the responsibility to:

a/ After closure of a landfill, it is required to improve
landscape and take measures to prevent environmental pollution;

b/ organize monitoring of environmental changes in the landfill
from the date on which the landfill closure is completed and notify the
provincial specialized environmental protection as prescribed;

c/ complete the environmental remediation and improvement,
prepare a dossier and transfer the landfill to a competent authority.

3. The
   Government shall provide incentives and encourage entities to invest in
   environmental remediation and improvement in Domestic solid waste
   landfills.


4. The
   Minister of Natural Resources and Environment shall provide guidelines for
   closure of Domestic solid waste landfills.


5. Provincial
   People’s Committees shall provide resources and funding for environmental
   improvement and remediation in landfills managed by the State and
   unauthorized landfills within their provinces.

Section 3. NORMAL INDUSTRIAL SOLID WASTE MANAGEMENT

Article 81. Classification, storage and transport of normal
industrial solid waste

1. Normal
   industrial solid waste (“NISW”) shall be classified into the following
   groups:

a/ NISW reused and recycled as production materials;

b/ NISW in compliance with standards, technical regulations and
technical guidance used in production of building materials and leveling;

c/ NISW subject to treatment.

2. Owners
   of businesses, dedicated areas for production, business operation and
   service provision, industrial clusters and organizations that produce NISW
   shall classify NISW at source as prescribed in Clause 1 of this Article;
   store NISW without causing environmental pollution. Unclassified NISW must
   be managed as the waste specified in Point c Clause 1 of this Article.


3. NISW
   containing hazardous waste that has not been classified or cannot be
   classified must be managed in accordance with hazardous waste management
   regulations.


4. Classified
   NISW must be stored separately without being mixed with hazardous waste;
   without release of dust and leakage of wastewater into the environment;
   with appropriate equipment and tools and in appropriate storage areas in
   accordance with regulations laid down by the Minister of Natural Resources
   and Environment.


5. NISW
   must be transported in accordance with the following requirements:

a/ NISW must be contained in equipment and tools to avoid
leakage during transport, except for the case where the waste in large quantity
must be contained in equipment or tank of the transport vehicle;

b/ Classified NISW must be transported separately prescribed;

c/ The vehicle used for transporting NISW subject to treatment
must have a GPS tracking device meeting technical requirements and comply with
regulations on routes and time of operation adopted by the provincial People’s
Committee.

Article 82. Treatment of NISW

1. Businesses,
   dedicated areas for production, business operation and service provision,
   industrial clusters and organizations that produce NISW must reuse,
   recycle, recover energy from and treat NISW or transfer it to the
   following entities:

a/ Manufacturing establishments directly using NISW as
production materials and for production of building materials or leveling,
which is licensed to operate as prescribed by law;

b/ Manufacturing establishments licensed for waste
co-processing;

c/ Facilities licensed for NISW treatment;

d/ Facilities transporting NISW, which have signed a transfer
contract with the entity in Points a, b or c of this Clause.

2. NISW
   treatment service providers must comply with environmental protection
   requirements in accordance with regulations of this Law.


3. Every
   owner of NISW treatment service provider has the following
   responsibilities:

a/ Ensure that systems, vehicles and equipment in service of
storage and treatment of NISW, including preliminary processing, reuse,
recycling, co-processing, treatment of and recovery of energy from NISW in
accordance with technical requirements and management process as prescribed;

b/ If the provider produces hazardous waste, responsibilities of
the hazardous waste source owner shall be assumed;

c/ Submit periodic or ad hoc reports on NISW generation and
treatment at the request of the competent authority;

d/ make a record on transfer of NISW subject to treatment for
each transfer; prepare a logbook recording operation of systems, vehicles and
equipment in service of NISW treatment including preliminary processing, reuse,
recycling, co-processing and recovery of energy from NISW; a logbook recording
quantity of products recycled or recovered from NISW (if any).

4. Every
   entity that generates NISW subject to treatment is entitled to recycle,
   treat, co-process or recover energy from NISW itself/himself/herself if the
   following requirements are met:

a/ Use technologies, environmental protection works and
equipment available within the facility generating NISW and satisfy
environmental protection requirements as prescribed;

b/ Conform to the decision on approval of EIAR appraisal result
and environmental license;

c/ Do not build any new incinerator or landfill to treat NISW,
except for the case where contents regarding solid waste management in relevant
planning are conformable with.

Section 4. HAZARDOUS WASTE MANAGEMENT

Article 83. Declaration, classification, collection, storage and
transport of hazardous waste

1. Every
   hazardous waste source owner has the responsibility to:

a/specify quantity and type of hazardous waste in the
application for issuance of the environmental license or environmental
registration contents;

b/ identify, classify, collect and separately store hazardous
waste and not to mix it with non-hazardous waste, avoid causing environmental
pollution;

c/ reuse, recycle, treat, co-process and recover energy
himself/herself in accordance with regulations of law or transfer hazardous
waste to facilities having an appropriate environmental license.

2. Hazardous
   waste must be stored in accordance with the following requirements:

a/ Classified hazardous waste must be stored separately;

b/ Hazardous waste must not be mixed with normal waste;

c/ The storage must not result in release of dust or leakage of
liquid waste into the environment;

d/ Hazardous waste shall be only stored for a given period of
time as prescribed by law.

3. When
   transported, hazardous waste must be contained and transported using
   appropriate equipment and vehicles to waste treatment facilities. The
   vehicle used for transporting hazardous waste must have a GPS tracking
   device and comply with regulations on routes and time of operation adopted
   by the provincial People’s Committee.


4. Entities
   permitted to transport hazardous waste include:

a/ Hazardous waste source owner that has appropriate vehicles
and equipment satisfying technical requirements and management process in
accordance with regulations of law on environmental protection;

b/ Environmental license holders licensed to treat hazardous
waste in conformity with the type of waste to be transported.

5. The
   Minister of Natural Resources and Environment shall provide technical
   guidance on and forms used for declaration, classification, collection,
   and storage of hazardous waste; provide guidance on vehicles and equipment
   for storage, transport, prevention of and response to incidents during the
   transport and treatment of hazardous waste; provide guidance on
   registration and transboundary movements of hazardous waste under the
   Basel Convention on Basel Convention on the Control of Transboundary
   Movements of Hazardous Wastes and their Disposal.

Article 84. Hazardous waste treatment

1. Hazardous
   waste must be treated using appropriate technologies and complying with
   regulations of law on environmental protection.


2. The
   State shall encourage and provide incentives to entities involved in
   investment in and provision of hazardous waste treatment services;
   encourage the investment in hazardous waste treatment service providers at
   regional level; encourage the co-processing of hazardous waste.


3. Every
   hazardous waste treatment service provider must satisfy the following
   requirements:

a/ The national environmental protection planning or planning
containing contents regarding hazardous waste treatment is conformed to, except
for the case of hazardous waste co-processing;

b/ Safe environmental distance is maintained as prescribed;

c/ It is required to appraise and comment on the hazardous waste
treatment technology in accordance with regulations of law on technology
transfer; the application of environmentally-friendly technologies, best
available techniques and combined waste treatment and waste-to-energy
technologies is encouraged;

d/ The environmental license is available;

dd/ Personnel in charge of environmental protection majoring in
environment or suitable field is available;

e/ An appropriate process for safe operation of special-purpose
technologies, vehicles and equipment is available;

g/ There is an environmental management plan containing contents
regarding pollution control and waste management; occupational safety and
health; environmental emergency prevention and response; annual training;
environmental monitoring program; assessment of efficiency in hazardous waste
treatment; environmental improvement and remediation plan;

h/ pay deposits on environmental protection as prescribed in
Article 137 of this Law if the waste burial is carried out;

4. The
   Minister of Natural Resources and Environment shall promulgate criteria
   applied to hazardous waste treatment technologies; provide guidelines for
   implementing Point g Clause 3 of this Article.

5 . The provincial People’s Committee shall organize
implementation of the planning containing contents regarding hazardous waste
treatment; shall not impose restrictions on collection of hazardous waste
produced in another province for treatment by hazardous waste treatment service
providers located within its province.

Article 85. Responsibilities of owners of hazardous waste
treatment service providers

Every owner of hazardous waste treatment service provider has
the responsibility to:

1. satisfy
   all requirements specified in Clause 3 Article 8 of this Law.


2. collect,
   transport, receive and handle quantity and types of hazardous waste in
   accordance with the issued environmental license.


3. Ensure
   that systems, vehicles and equipment for storage and treatment of
   hazardous waste satisfy technical requirements and management process as
   prescribed.


4. assume
   responsibilities of the hazardous waste source owner if the hazardous
   waste is generated from the operating process but fails to be treated.


5. register
   with the authority issuing the environmental license within his/her power
   to obtain approval if wishing to transport the hazardous waste not
   mentioned in his/her environmental license to the another qualified owner
   of hazardous waste treatment service provider in accordance with the
   Government’s regulations.


6. Prepare,
   use, archive and manage documents concerning hazardous waste, hazardous
   waste management reports, documents and logbooks related to hazardous
   waste management as prescribed.


7. Make
   publicly available and provide information about types and quantity of
   hazardous waste collected and treated, and treatment methods; information
   about name and address of the owner of collected and treated hazardous
   waste source and other environmental information that needs to be made
   publicly available and provided as prescribed in Article 114 of this Law.

Section 5. WASTEWATER MANAGEMENT

Article 86. Collection and treatment of wastewater

1. Every
   new urban area, new high density residential area, business, dedicated
   area for production, business operation and service provision and
   industrial cluster must have a wastewater collection and treatment system
   separated from the rainwater drainage system, except for special cases
   prescribed by the Government.


2. Wastewater
   of an urban area or high density residential area shall be managed as
   follows:

a/ Domestic wastewater generated from organizations and
households must be collected and connected to the wastewater collection and
treatment system;

b/ Wastewater generated from production, business operation and
service provision in an urban area must be collected and undergo preliminary
treatment before being connected to the urban wastewater collection and
treatment system; preliminarily treated wastewater must comply with regulations
of the urban area or high density residential area or regulations of the local
authority;

c/ Wastewater generated from production, business operation and
service provision in an urban area that fails to have a centralized wastewater
treatment work must be collected and treated in accordance with environmental
protection requirements before being discharged into a receiving body.

3. Wastewater
   generated from production, business operation and service provision shall
   be managed as follows:

a/ Wastewater produced by a business in a dedicated area for
production, business operation and service provision or industrial cluster must
be collected and preliminarily treated before being connected to the industrial
wastewater collection and treatment system at the request of the investor in
construction of the dedicated area for production, business operation and
service provision or industrial cluster to ensure that wastewater is treated in
accordance with environmental protection requirements;

b/ If wastewater produced by a business located outside an urban
area, high density residential area, dedicated area for production, business
operation and service provision or industrial cluster cannot be connected to
the wastewater collection and treatment system, it must be collected and
treated in accordance with environmental protection requirements before being
discharged into a receiving body.

4. Wastewater
   generated from organizations and households in a low density residential
   area must be collected and treated on the spot in accordance with
   environmental protection requirements before being discharged into
   receiving bodies.


5. Provincial
   People’s Committees shall:

a/ invest in and encourage investment in construction of
wastewater collection and treatment systems in urban areas and high density
residential areas within their provinces by the State in accordance with
regulations of law;

b/ introduce a roadmap for reserving land area, investing in or
encouraging investment in construction of wastewater collection and treatment
systems in urban areas and high density residential areas if a wastewater
collection and treatment system is not available;

c/ introduce a roadmap and assistance policy in order for
organizations and households in urban areas and high density residential areas
to build works and install equipment for in situ wastewater treatment in
accordance with environmental protection requirements before being discharged
into receiving bodies in case of failure to reserve land area for construction
of wastewater collection and treatment systems in urban areas and high density
residential areas established before the effective date of this Law;

d/ introduce a roadmap and policy for provision of assistance in
collection and in situ treatment of domestic wastewater produced by
organizations, households and low density residential areas.

6. The
   Minister of Natural Resources and Environment shall provide guidance on
   technologies and techniques for in situ wastewater treatment.


7. The
   Minister of Construction shall provide guidance on technical
   infrastructural facilities serving wastewater collection and drainage in
   urban areas and high density residential areas specified in this Article.

Article 87. Wastewater treatment system

1. A
   wastewater treatment system must satisfy the following requirements:

a/ Its technology conforms to type and characteristics of
wastewater to be treated;

b/ Its capacity is relevant to the maximum volume of wastewater
generated;

c/ Wastewater is treated in accordance with environmental
protection requirements;

d/ Wastewater treatment works are operated in accordance with
technical process;

dd/ An environmental emergency prevention and response plan is
tailored for the wastewater treatment system; the discharge point must have
coordinates and be marked with signs to facilitate inspection and supervision
of discharge.

2. Sewage
   sludge from the wastewater treatment system must be managed in accordance
   with regulations of law on solid waste management; sewage sludge whose
   hazardous elements exceed the permissible limits must be managed in
   accordance with regulations of law on hazardous waste management.

Section 6. MANAGEMENT OF DUSTS, EXHAUST GASES AND OTHER
POLLUTANTS

Article 88. Management and control of dusts and emissions

1. Any
   entity that produces dusts and exhaust gases must control and treat dusts
   and/or exhaust gases during its production, business operation and service
   provision in accordance with technical regulations on environment. Dusts
   whose hazardous elements exceed the permissible limits must be managed in
   accordance with regulations of law on hazardous waste management.


2. Vehicles,
   machinery, equipment, constructions that produce dust and/or exhaust gases
   must have filters, covers, or other parts to minimize exhaust gases and
   reduce dusts in accordance with technical regulations on environment.


3. Ministries
   and ministerial agencies concerned shall provide guidelines for
   prevention, inspection, supervision and treatment of sources of dusts and
   exhaust gases that cause air pollution.

Article 89. Management and control of noise, vibration, light,
radiation and unpleasant odors

1. Any
   entity that creates noise, vibration, light and/or radiation must take
   measures to control and treat them in accordance with technical
   regulations on environment and radiation.


2. Entities
   in residential areas that create noise, vibration, light, radiation and
   unpleasant odors must take measures to minimize them to avoid affecting
   residential communities.


3. Managers
   of the routes with heavy traffic that produces noise, vibration, light and
   radiation must take measures to minimize them in accordance with technical
   regulations on environment.


4. It
   is prohibited to manufacture, import, transport, sell and use
   firecrackers. The Prime Minister shall decide the manufacture, import,
   transport, sale and use of firework.

Chapter
VII – ADAPTATION TO CLIMATE CHANGE

Article 90. Climate change adaptation

1. Climate
   change adaptation refers to actions taken to strengthen the resilience of
   social-ecological systems, minimize adverse impacts of climate change and
   seize the opportunities offered by climate change.


2. Climate
   change adaptation shall cover:

a/ Assessment of impacts, vulnerabilities, risks, loss and
damage caused by climate change to sectors, regions and residential communities
based on the climate change scenario and socio-economic development forecast;

b/ Climate change adaptation, disaster risk reduction,
community- and ecosystem-based climate change adaptation model; response to sea
level rise and urban inundation;

c/ Construction and operation of the system for supervising and
assessing climate change adaptation.

3. The
   Ministry of Natural Resources and Environment shall preside over and
   cooperate with Ministries and ministerial agencies in:

a/ organizing the implementation of regulations in Points a and
c Clause 2 of this Article;

b/ requesting the Prime Minister to promulgate the national
climate change adaptation plan, reviewing and updating it every 05 years; to
establish the national system for supervising and assessing climate change;
criteria for determining climate adaptation projects and tasks approved by the
Prime Minister; criteria for assessing climate risks;

c/ providing guidelines for assessing impacts, vulnerabilities,
risks, loss and damaged caused by climate change;

d/ formulating and organizing implementation of the national
climate change resilience plan;

dd/ building and operating the national system for supervising
and assessing climate change adaptation.

4. Ministries,
   ministerial agencies and provincial People’s Committees shall:

a/ implement the regulations laid down in Point b Clause 2 of
this Article in accordance with this Law and other relevant regulations of law;
organize assessment of impacts, vulnerabilities, risks, loss and damaged caused
by climate change; submit an annual consolidated report to the Ministry of
Natural Resources and Environment;

b/ build and operate the sectoral or local system for
supervising and assessing climate change adaptation under their management of
sectors and fields.

Article 91. Reduction of GHG emissions

1. Major
   GHGs include carbon dioxide (CO₂), methane (CH₄) and
   nitrous oxide (N₂O). Low-concentration gases that have high
   global warming potential include hydrofluorocarbons (HFC_S),
   perfluorocarbons (PFC_S), sulphur hexafluoride (SF₆)
   and nitrogen, trifluoride (NF₃).


2. The
   reduction of GHG emissions shall focus on:

a/ organizing reduction of GHG emissions and GHG absorption
according to a roadmap and method for reducing GHG emissions in conformity with
national conditions and international commitments.

b/ inventorying GHGs, measuring, reporting and appraising
reduction of GHG emissions at national, sector, or field level or relevant
internal level;

c/ inspecting the compliance with regulations on inventorying of
GHGs and reduction of GHG emissions, and the implementation of the mechanism
and method for cooperation in reduction of GHG emissions;

d/ formulating and implementing the mechanism and method for
cooperation in reduction of GHG emissions in accordance with regulations of law
and international treaties to which Socialist Republic of Vietnam is a
signatory;

dd/ organizing and developing the domestic carbon market.

3. The
   Prime Minister shall promulgate a list of sectors and GHG emitting
   facilities subject to GHG inventory, update it every 02 years according to
   the ratio of GHG emissions to the total national GHG emissions;
   socio-economic development conditions and situation; consumption of fuels
   and energy per unit of product or service by businesses.


4. The
   Ministry of Natural Resources and Environment shall:

a/ compile and submit to the Prime Minister a list of sectors
and GHG emitting facilities subject to GHG inventory for approval; introduce
the national GHG inventory system; system for measuring, reporting and
appraising reduction of GHG emissions;

b/ prepare a national GHG inventory report every 02 years;

c/ provide guidance on and organize appraisal of results of GHG
inventory results and plans to reduce GHG emissions with respect to the sectors
and facilities subject to GHG inventory.

5. Any
   Ministry that manages sectors subject to GHG inventory has the
   responsibility to:

a/ organize GHG inventory and send inventory results to the
Ministry of Natural Resources and Environment every 02 years by January 31 of
the next reporting period for consolidation and reporting to the Prime
Minister;

b/ formulate and organize implementation of the annual plan to
reduce GHG emissions in the fields of energy, agriculture, land use, forestry,
waste management and industrial processes;

c/ provide guidance on technical processes and regulations
regarding measurement, reporting and appraisal of reduction of GHG emissions in
fields and sectors under its management;

d/ annually consolidate and report results of reduction of GHG
emissions within its scope of management to the Ministry of Natural Resources
and Environment before January 15 of the next reporting period for
consolidation and reporting to the Prime Minister;

dd/ provide guidance on selection and application of
technological and managerial methods to reduce GHG emissions in conformity with
the scale, industries and business lines under its management.

6. Provincial
   People’s Committees shall provide information and data in service of the
   national and sectoral GHG inventory to the Ministry of Natural Resources
   and Environment, other Ministries and ministerial agencies concerned;
   inspect the performance of activities relating to reduction of GHG
   emissions under their management.


7. A
   GHG emitting facility on the list of facilities subject to GHG inventory
   has the responsibility to:

a/ organize GHG inventory, build and maintain a database of GHG
emissions and send inventory results to the Ministry of Natural Resources and
Environment every 02 years by December 01 of the reporting period for
consolidation and reporting to the Prime Minister;

b/ formulate and implement the annual plan to reduce GHG
emissions; integrate the reduction of GHG emissions into its quality management
program, cleaner production program and environmental protection program;

c/ prepare an annual report on reduction of GHG emissions to
implement its GHG emissions reduction plan using the measurement, reporting and
appraisal system, and submit it to the Ministry of Natural Resources and
Environment, other Ministries, ministerial agencies and provincial People’s
Committees concerned by December 31 of the reporting period.

8. The
   Government shall elaborate this Article.

Article 92. Ozone layer protection

1. Ozone
   layer protection refer to an action taken to adapt to climate change in
   order to prevent ozone depletion and minimize harmful effects of
   ultraviolet radiation from the Sun.


2. Ozone
   layer protection shall focus on:

a/ managing production, export, import, sale and elimination of
controlled ozone-depleting substances and GHGs under the international treaty
on the protection of the ozone layer to which the Socialist Republic of Vietnam
is a signatory;

b/ collecting, recycling, reusing or disposing of controlled
ozone-depleting substances and GHGs under the international treaty on the
protection of the ozone layer to which the Socialist Republic of Vietnam is a
signatory in equipment containing them when they are no longer used;

c/ developing and applying technologies and equipment using
non-ozone-depleting substances and climate-friendly substances.

3. The
   Ministry of Natural Resources and Environment shall:

a/ preside over and cooperate with other Ministries and
ministerial agencies concerned in requesting the Prime Minister to promulgate
the national plan for management and elimination of controlled ozone-depleting
substances and GHGs under the international treaty on the protection of the
ozone layer to which the Socialist Republic of Vietnam is a signatory;

b/ promulgate a list and provide guidelines for use of
controlled ozone-depleting substances and GHGs in conformity with the roadmap
for implementing the international treaty on the protection of the ozone layer
to which the Socialist Republic of Vietnam is a signatory;

c/ preside over and cooperate with other Ministries, ministerial
agencies and provincial People’s Committees in managing, controlling,
minimizing and eliminating the substances and gases on the list specified in
Point b of this Clause; organize implementation of the national plan for
management and elimination of ozone-depleting substances and GHGs.

4. Ministries,
   ministerial agencies and provincial People’s Committees shall, within
   their power, control the production, export, import and sale of the
   substances and gases on the list specified in Point b Clause 3 of this
   Article. Ministers and heads of ministerial agencies shall promulgate
   regulations on management and policy to assist in transfer of technologies
   for eliminating and minimizing controlled ozone-depleting substances and
   GHGs.


5. Manufacturers
   of equipment and products containing the substances and gases on the list
   specified in Point b Clause 3 of this Article must develop an appropriate
   roadmap for replacing and eliminating controlled ozone-depleting substances
   and GHGs under the international treaty on the protection of the ozone
   layer to which the Socialist Republic of Vietnam is a signatory.


6. Facilities
   using equipment and products containing or using the substances and gases
   on the list specified in Point b Clause 3 of this Article must comply with
   regulations on collection, transport, recycling and disposal under the
   guidance of the Ministry of Natural Resources and Environment.


7. Businesses
   that use the substances and gases on the list specified in Point b Clause
   3 of this Article shall make a transfer of ozone layer protection
   technology entitled to incentives and assistance as prescribed by this Law
   and Law on Technology Transfer.


8. The
   Government shall elaborate this Article.

Article 93. Integration of contents of adaptation to climate
change with strategies and planning

1. Contents
   of adaptation to climate change to be integrated with a strategy or
   planning include:

a/ Climate change scenario and impacts of climate change used to
determine long-term objectives of the strategy or planning;

b/ Climate change adaptation solutions integrated with the
strategy or planning;

c/ Results of analysis and assessment of climate change
adaptation solutions used to determine socio-economic indicators of the
strategy or planning.

2. The
   strategies and planning mentioned in Article 25 of this Law must be
   integrated with contents of adaptation to climate change specified in this
   Law and other relevant regulations of law.

Article 94. National climate change database

1. The
   national climate change database includes the following information and
   data:

a/ Legislative documents, policies, strategies, planning, plans,
standards, technical regulations, technical requirements, professional
processes, socio-economic norms regarding climate change and ozone layer
protection;

b/ Impacts of climate change on natural resources, environment,
ecosystems, living conditions and socio-economic activities;

c/ GHG emissions and socio-economic activities relating to GHG
emissions;

d/ Reduction of GHG emissions and climate change adaptation

dd/ Protection of ozone layer and management of ozone-depleting
substances;

e/ Results of national climate assessment;

g/ Climate change scenarios over periods;

h/ Scientific research, development and transfer of technologies
for adapting to climate change and protection ozone layer;

i/ Resources for climate change adaptation and ozone layer
protection;

k/ International cooperation in climate change adaptation and
ozone layer protection.

2. The
   Ministry of Natural Resources and Environment shall organize establishment
   and updating and providing guidelines for operation and use of the
   national climate change database.


3. Other
   Ministries, ministerial agencies and provincial People’s Committees shall
   organize the investigation into, surveying and collection of the
   information and data mentioned in Clause 1 of this Article within the
   scope and areas under their management and send them to the Ministry of
   Natural Resources and Environment.

Article 95. National climate change adaptation report

1. The
   national climate change adaptation report includes:

a/ Overview of climate change developments and impacts;

b/ Results of national GHG inventory;

c/ Efforts and efficiency in adaptation to climate change;

d/ International and domestic resources for climate change
adaptation;

dd/ Fulfillment of international climate change commitments;

e/ Prediction of impacts of climate change on economy, society
and environment;

g/ Proposed solutions for climate change adaptation.

2. Other
   Ministries, ministerial agencies and provincial People’s Committees shall
   prepare an annual report on climate change adaptation within the scope and
   fields under their management and send it to the Ministry of Natural
   Resources and Environment.


3. The
   Ministry of Natural Resources and Environment shall prepare a national
   climate change adaptation report every 05 years and submit it to the
   Government for reporting to the National Assembly; instruct other
   Ministries, ministerial agencies and provincial People’s Committees to
   prepare climate change adaptation reports.

Article 96. Implementation of climate change and ozone layer
protection clauses

1. The
   Ministry of Natural Resources and Environment shall:

a/ play the leading role in implementing climate change and
ozone layer protection clauses in the international treaties to which the
Socialist Republic of Vietnam is a signatory;

b/ organize the preparation, updating and implementation of
Intended Nationally Determined Contributions, prepare a report on climate
change and ozone layer protection every 02 years and other national reports
thereon under the international treaties to which the Socialist Republic of
Vietnam is a signatory.

c/ formulate mechanisms and policies for mobilization and
management of resources to implement Intended Nationally Determined
Contributions and fulfill Vietnam’s commitments to climate change and ozone
layer protection under the international treaties to which the Socialist
Republic of Vietnam is a signatory.

2. Other
   Ministries, ministerial agencies and provincial People’s Committees shall
   implement climate change and ozone layer protection clauses in the
   international treaties to which the Socialist Republic of Vietnam is a
   signatory; submit reports on implementation thereof to the Ministry of
   Natural Resources and Environment for consolidation and reporting as
   prescribed.

Chapter
VIII – ENVIRONMENTAL TECHNICAL REGULATIONS AND ENVIRONMENTAL
STANDARDS

Article 97. Environmental technical regulations

1. Environmental
   technical regulations on ambient environment quality, including:

a/ Environmental technical regulations on soil and sediment
quality;

b/ Environmental technical regulations on surface water,
groundwater and seawater quality;

c/ Environmental technical regulations on air quality;

d/ Environmental technical regulations on light and radiation;

dd/ Environmental technical regulations on noise and vibration.

2. Environmental
   technical regulations on waste, including:

a/ Environmental technical regulations on wastewater;

b/ Environmental technical regulations on exhaust gases from
production, business operation and service provision and exhaust gases from
vehicles.

3. Environmental
   technical regulations on waste management, including:

a/ Environmental technical regulations on hazardous waste;

b/ Environmental technical regulations on solid waste landfills;

c/ Environmental technical regulations on works and equipment
for in situ wastewater treatment;

d/ Environmental technical regulations on waste incinerators;

dd/ Environmental technical regulations on waste co-processing;

e/ Other environmental technical regulations on equipment for
waste treatment and recycling.

4. Environmental
   technical regulation on management of scrap imported as production
   materials.


5. Environmental
   technical regulation on limits of persistent pollutants present in raw
   materials, fuels, materials, products, goods and equipment.


6. Other
   environmental technical regulations in accordance with environmental
   protection requirements.

Article 98. Rules for formulating and applying environmental
technical regulation ambient environment quality; environmental technical
regulations on limits of persistent pollutants present in raw materials, fuels,
materials, products, goods and equipment

1. The
   formulation of environmental technical regulations on ambient environment
   quality must adhere to the following rules:

a/ Achieve the objectives for protecting and improving the
living environment to ensure human health, development of creatures and
sustainable of ecosystems; serve planning activities, environmental zoning and
environmental quality assessment;

b/ Ensure that they are equivalent to those of developing
countries and conform to national and regional natural and socio-economic
conditions.

2. The
   application of environmental technical regulations on ambient environment
   quality must adhere to the following rules:

a/ Serve as the basis for classifying and assessing environmental
quality in one location or one area;

b/ Serve as the basis for carrying out environmental zoning for
intended purposes of management and use;

c/ Serve as the basis for formulating environmental quality
management plans, considering issuing environmental licenses to entities that
discharge waste into the environment and ensuring the discharge serves the
purpose of environmental quality management in planned, zoned or classified
areas.

3. Environmental
   technical regulation on limits of persistent pollutants present in raw
   materials, fuels, materials, products, goods and equipment must aim to
   protect human health and prevent environmental protection under the
   international treaties to which Socialist Republic of Vietnam is a
   signatory.

Article 99. Rules for formulation and application of
environmental technical regulations on waste, waste management and management
of scrap imported as production materials

1. The
   formulation of environmental technical regulations on waste, waste
   management and management of scrap imported as production materials must
   adhere to the following rules:

a/ Environmental technical regulations on waste and waste
management must be relevant to technical and technological level, technology,
socio-economic development level from time to time; harmonize with regulations
of countries in the region and in the world; encourage businesses to transfer
and apply new technologies, best available techniques, clean technologies and
environmentally-friendly technologies;

b/ Environmental technical regulation on waste must suit the
receiving zones and areas; be formulated according to the planning and
environmental zoning; serve the purpose of environmental quality management and
improvement;

c/ Environmental technical regulation on waste management must
be in line with the purposes and requirements concerning collection, storage
and treatment of each type of waste;

d/ Environmental technical regulation on management of scrap
imported as production materials must function as a barrier to prevent and
control the import of waste into Vietnam in the future;

dd/ Environmental technical regulations on waste, waste
management and management of scrap imported as production materials must be
reviewed, updated and adjusted every 05 years or when necessary, in a more
stringent manner if the environmental quality fails to serve the purpose of
environmental quality management;

e/ Local environmental technical regulations on waste and waste
management must be formulated in a manner that is more stringent than national
environmental technical regulations.

2. The
   application of environmental technical regulations on waste and waste
   management must adhere to the following rules:

a/ Environmental technical regulations on waste and waste
management must be applied to control pollutants produced by businesses; ensure
no environmental pollution is caused;

b/ Environmental technical regulation on waste must be applied
to serve the purpose of environmental quality management in receiving areas and
zones and according to the quantity and volume of waste;

c/ New investment projects and expansion projects must satisfy
the latest requirements specified in the environmental technical regulations on
waste and waste management;

d/ Businesses that are operating must formulate a plan to
implement the roadmap for application of environmental technical regulations on
waste and waste management or relocation plan in case of failure to satisfy the
requirements;

dd/ If a national environmental technical regulation on technology
or equipment that produces waste, environmental quality parameters or
pollutants present in waste is yet to be available, the national environmental
technical regulation of one of the developed countries shall apply.

3. The
   application of the environmental technical regulation management of scrap
   imported as production materials must adhere to the following rules:

a/ The environmental technical regulation management of scrap
imported as production materials shall serve as one of the bases for customs
clearance of shipments of scrap. In case of failure to satisfy the
requirements, it is required to re-export them as prescribed;

b/ The environmental technical regulation management of scrap
imported as production materials must be applied to each shipment of scrap
registered for inspection, except for the case of exemption from inspection
prescribed by law.

Article 100. Requirements concerning environmental technical
regulations on ambient environment quality

1. Environmental
   technical regulations on ambient environment quality must define
   permissible limits of environmental parameters suitable for use of
   corresponding environmental components, including:

a/ Minimum values of parameters ensuring life and normal growth
of humans and creatures;

b/ Maximum permissible values of environmental parameters that
ensure no negative effects produced on life and normal growth of humans and
creatures.

2. Technical
   regulations on ambient environment quality must provide guidance on
   reference method for measuring, collecting and analyzing samples to
   determine environmental parameters.

Article 101. Requirements concerning environmental technical
regulations on waste, waste management and management of scrap imported as
production materials

1. Environmental
   technical regulations on waste must define permissible limits of
   pollutants present in waste. Permissible limits of pollutants present in
   waste must be determined according to toxic properties of the pollutants,
   volume and environmental zoning.


2. The
   environmental technical regulation on waste management must define
   technical and managerial requirements for collection, storage and
   treatment to avoid environmental pollution.


3. The
   environmental technical regulation on management of scrap imported as
   production materials must define technical and managerial requirements and
   maximum permissible levels of impurities present in scrap shipments.


4. The
   environmental technical regulations on waste and waste management must
   introduce an appropriate roadmap for application thereof.


5. The
   environmental technical regulations specified in this Article must provide
   guidance on reference methods for collecting, measuring and analyzing
   samples to determine technical indicators and parameters.

Article 102. Formulation, appraisal and promulgation of
environmental technical regulations

1. Power
   and procedures for formulating and promulgating national and local
   environmental technical regulations must comply with regulations of law on
   standards and technical regulations.


2. The
   Ministry of Natural Resources and Environment shall:

a/ formulate and promulgate national environmental technical
regulations;

b/ preside over and cooperate with the Ministry of Transport in
requesting the Prime Minister to promulgate a roadmap for application of
national standards and technical regulations on emissions of motor vehicles
operating in Vietnam.

3. Ministries
   and ministerial agencies shall promulgate standards, technical regulations
   or technical guidance on recycling, reuse and use of waste as raw
   materials and materials for production, business operation and service
   provision under their management after obtaining comments of the Ministry
   of Natural Resources and Environment.


4. The
   Ministry of Science and Technology shall carry out appraisal of environmental
   technical regulations in accordance with regulations of law on standards
   and technical regulations.


5. If
   the ambient environment quality fails to achieve the objectives for
   environmental protection, the provincial People’s Committee shall
   promulgate a local environmental technical regulation on waste within 02
   years from the date of promulgating the national environmental technical
   regulation.

Article 103. Environmental standards

1. Environmental
   standards include ambient environment quality standard, environmental
   standard on waste management and other environmental standards.


2. Whole
   or part of an environmental standard becomes compulsorily applicable if it
   is referred to in a legal document or environmental technical regulation.


3. An
   internal environmental standard shall be applicable within the
   organization issuing such standard.

Article 104. Establishment, appraisal and announcement of
environmental standards

1. Power
   and procedures for establishing and appraising environmental standards
   must comply with regulations of law on standards and technical
   regulations.


2. The
   Ministry of Natural Resources and Environment shall organize the
   establishment and request appraisal of national environmental standards.


3. The
   Ministry of Science and Technology shall organize appraisal of and
   announce national environmental standards.


4. Agencies
   and organizations shall establish and announce internal environmental
   standards in accordance with regulations of law on standards and technical
   regulations.

Article 105. Application of best available techniques

1. Owners
   of investment project and businesses involved in types of production,
   business and services that are likely to cause environmental pollution
   shall study and apply best available techniques according to the roadmap
   prescribed by the Government; provide information upon request to serve
   the development of technical guidance on application of best available
   techniques.


2. Criteria
   for determining best available techniques:

a/ The ability to reduce amount of pollutants;

b/ The ability to increase amount of recyclable waste;

c/ Costs of application and operation of the best available
techniques;

d/ The ability to save energy;

dd/ Proactivity in pollution prevention and control

3. The
   Ministry of Natural Resources and Environment shall preside over and
   cooperate with the Ministry of Science and Technology, other Ministries
   and ministerial agencies concerned in developing and providing technical
   guidance on application of best available techniques or consider recognizing
   the best available techniques already applied by developed countries and
   permitted for application in Vietnam; review, update and supplement the
   list of best available techniques in a manner that is relevant to the
   current situation and level of science and technology development; provide
   technical guidance on application of best available techniques for each
   type of production, business or service that is likely cause environmental
   pollution.

Chapter
IX – ENVIRONMENTAL MONITORING, ENVIRONMENTAL INFORMATION AND
DATA AND ENVIRONMENTAL REPORTING

Section 1. ENVIRONMENTAL MONITORING

Article 106. General regulations on environmental monitoring

1. Environmental
   monitoring also includes waste monitoring and is carried out on an
   automatic, continuous or periodic basis or at the request of a competent
   authority.


2. Investment
   projects, businesses, dedicated areas for production, business operation
   and service provision and industrial clusters that release waste into the
   environment must carry out monitoring as prescribed in Articles 111 and
   112 of this Law and in accordance with environmental technical
   regulations.


3. Entities
   are encouraged to engage in environmental monitoring and provide
   information on environmental quality to the community as prescribed by
   law. Such entities shall take legal responsibility for the accuracy of the
   information provided.


4. Environmental
   monitoring must ensure and control quality and give accurate and reliable
   monitoring results.


5. Vehicles
   and equipment used for environmental monitoring must be verified and
   calibrated in accordance with regulations of law on measurement.

Article 107. Environmental monitoring system

1. The
   environmental monitoring system shall cover:

a/ National environmental monitoring, which is a network of
background and impact environmental monitoring stations and locations serving
the monitoring and providing information on background and impact environmental
quality in inter-regional, inter-provincial and transboundary areas.

b/ Provincial environmental monitoring, which is a network of
background and impact environmental monitoring stations and locations serving
the monitoring and providing information on background and impact environmental
quality in areas within a province.

c/ Environmental monitoring in service of field and sector
management prescribed in Article 109 of this Law;

d/ Environmental monitoring for investment projects, in
businesses, dedicated areas for production, business operation and service
provision and industrial clusters;

dd/ Biodiversity monitoring in wildlife sanctuaries.

2. Organizations
   joining the environmental monitoring system include:

a/ Environmental monitoring authorities;

b/ Organizations in charge of on-site sampling and sample
measurement;

c/ Environmental sample testing and analysis laboratories;

d/ Organizations verifying and calibrating environmental
monitoring equipment;

dd/ Organizations managing and processing environmental
monitoring data and preparing environmental monitoring reports.

3. The
   environmental monitoring system must be must be synchronized and
   interconnected to create a consistent and comprehensive network
   nationwide.


4. The
   comprehensive planning for national environmental monitoring is the
   technical and specialized planning containing the following main contents:

a/ Analyzing and assessing current state of the national
environmental monitoring network; system of environmental testing and analysis
laboratories and environmental monitoring data management system;

b/ Viewpoints, objectives and selected scheme for comprehensive
planning for national environmental monitoring in conformity with environmental
zoning, monitoring orientations and environmental warning in the environmental
protection planning;

c/ National environmental monitoring network, including
orientations for environmental component monitoring points, parameters and
frequency nationwide and automatic monitoring stations; orientations for
development of system of environmental testing and analysis laboratories and
environmental monitoring data management system;

d/ List of national environmental monitoring projects;

dd/ Orientations for connection of national environmental
monitoring network, database and data with provincial environmental monitoring
network and connection of environmental monitoring network;

e/ Roadmap and resources available for the implementation of the
planning.

Article 108. Objects subject to environmental monitoring

1. Environmental
   components to be monitored include:

a/ Water, including surface water, groundwater and seawater;

b/ Ambient air;

c/ Soil and sediments;

d/ Biodiversity;

dd/ Noise, vibration, radiation, light.

2. Waste
   sources, waste and pollutants to be monitored include:

a/ Wastewater and exhaust gases;

b/ Controlled industrial waste for identifying hazardous waste
as prescribed by law;

c/ Radioactivity;

d/ Persistent pollutants that are released into and accumulate
in the environment;

dd/ Other pollutants.

Article 109. Responsibility for environmental monitoring

1. The
   Ministry of Natural Resources and Environment shall:

a/ direct, provide guidance on and inspect environmental
monitoring nationwide; organize the execution of the national environmental
monitoring programs including environmental monitoring programs for
inter-provincial rivers and lakes, sea, key economic regions, inter-regional,
inter-provincial and transboundary areas and environment in geographically
distinct zones; carry out biodiversity monitoring in wildlife sanctuaries;

b/ Formulate, appraise and submit to the Prime Minister the
comprehensive planning for national environmental monitoring for approval in
accordance with regulations of law on planning;

c/ provide technical guidance on building national and
provincial environmental monitoring systems; biodiversity monitoring.

2. The
   Ministry of Science and Technology shall organize the execution of
   radioactivity monitoring programs including programs for monitoring
   radioactive components in the environment.


3. The
   Ministry of Agriculture and Rural Development shall organize the execution
   of environmental monitoring programs serving agricultural management
   including water, soil and sediment monitoring programs serving the
   purposes of irrigation, fishing, aquaculture, agriculture, forestry and
   salt production.


4. The
   Ministry of Health shall organize the execution of occupational
   environment monitoring programs in the workplace.


5. The
   Ministry of National Defense shall participate in offshore water
   monitoring and transboundary environmental monitoring.


6. Provincial
   People’s Committees shall organize the execution of environmental
   monitoring programs within their provinces, submit annual environmental
   monitoring reports to provincial People’s Councils and the Ministry of
   Natural Resources and Environment.

Article 110. Conditions for environmental monitoring

1. National
   environmental monitoring programs, local environmental monitoring programs
   and environmental monitoring programs of businesses and service providers
   prescribed by regulations of law on environmental protection and other
   monitoring activities serving state management of environmental protection
   in accordance with regulations on environmental monitoring must be carried
   out by organizations certified as eligible to provide environmental
   monitoring services.


2. Organizations
   that satisfy requirements concerning personnel and equipment for
   environmental monitoring and technical conditions applied to laboratories
   and adopt environmental monitoring methods shall be issued with the
   certificate of eligibility to provide environmental monitoring services.
   Certificate holders must operate within the certified scope.


3. Entities
   carrying out environmental monitoring on a periodic, regular and
   continuous manner in order to provide and publish information about
   environmental quality to the community must comply with technical
   requirements for environmental monitoring as prescribed by law.


4. The
   Government shall elaborate this Article.

Article 111. Wastewater monitoring

1. Subjects
   required to carry out automatic and continuous wastewater monitoring
   include:

a/ Dedicated areas for production, business operation and
service provision and industrial clusters that discharge wastewater into the
environment;

b/ Investment projects and businesses involved in a type that is
likely to cause environmental protection with an average or higher flow rate of
wastewater discharged into the environment;0}

c/ Investment projects and businesses not involved in a type
that is likely to cause environmental protection with a large flow rate of
wastewater discharged into the environment.

2. Subjects
   required to carry out periodic wastewater monitoring include:

a/ Dedicated areas for production, business operation and
service provision and industrial clusters that discharge wastewater into the
environment;

b/ Investment projects and businesses that discharge wastewater
into the environment at a large flow rate.

3. The
   automatic and continuous wastewater monitoring must comply with
   regulations on environmental monitoring techniques. Data of the monitoring
   system must be directly transmitted to the provincial specialized
   environmental protection authority.


4. The
   periodic wastewater monitoring must comply with regulations on time,
   frequency and parameters; parameters that have been automatically and
   continuously monitored are not required to be periodically monitored.


5. Every
   provincial specialized environmental protection authority shall:

a/ monitor automatic and continuous wastewater monitoring data;
assess automatic and continuous wastewater monitoring results and compare them
with permissible limits of pollutants specified in the environmental technical
regulation on wastewater; supervise and inspect the correction if the
monitoring data transmission is interrupted; find monitored parameters which
exceed the permissible limits and propose remedial measures as prescribed;

b/ aggregate and transmit data on automatic and continuous
monitoring carried out within the province to the Ministry of Natural Resources
and Environment as prescribed.

6. Subjects
   other than those specified in Clauses 1 and 2 of this Article are
   encouraged to monitor wastewater to supervise their own wastewater
   treatment systems and equipment.


7. The
   Government shall elaborate subjects required to carry out wastewater
   monitoring; parameters and roadmap for carrying out automatic and
   continuous wastewater monitoring; time and frequency of periodic
   wastewater monitoring.


8. The
   Minister of Natural Resources and Environment shall impose regulations on
   wastewater monitoring techniques.

Article 112. Industrial dust and exhaust gas monitoring

1. Subjects
   required to carry out automatic and continuous monitoring of industrial
   dusts and exhaust gases include investment projects and businesses likely
   to cause air pollution with large flow rates of dusts and exhaust gases
   released into the environment.


2. Subjects
   required to carry out periodic monitoring of industrial dusts and exhaust
   gases include investment projects and businesses discharging dusts and
   exhaust gases into the environment at large flow rates.


3. The
   automatic and continuous monitoring of industrial dusts and exhaust gases
   must comply with regulations on environmental monitoring techniques. Data
   of the monitoring system must be directly transmitted to the provincial
   specialized environmental protection authority.


4. The
   monitoring of industrial dusts and exhaust gases must comply with
   regulations on time, frequency and parameters as prescribed by law. The
   parameters that have been automatically and continuously monitored are not
   required to be periodically monitored.


5. Every
   provincial specialized environmental protection authority shall:

a/ monitor data on automatic and continuous monitoring of
industrial exhaust gases; assess results of automatic and continuous monitoring
of industrial exhaust gases and compare them with permissible limits of
pollutants specified in the environmental technical regulation on exhaust
gases; supervise and inspect the correction if the monitoring data transmission
is interrupted; find monitored parameters which exceed the permissible limits
and propose remedial measures as prescribed;

b/ aggregate and transmit data on automatic and continuous
monitoring carried out within the province to the Ministry of Natural Resources
and Environment as prescribed.

6. Subjects
   other than those specified in Clauses 1 and 2 of this Article are
   encouraged to monitor industrial dusts and exhaust gases to supervise
   their own dust and exhaust gas treatment systems and equipment.


7. The
   Government shall elaborate subjects required to carry out monitoring of
   industrial dusts and exhaust gases; parameters and roadmap for carrying
   out automatic and continuous exhaust gas monitoring; time and frequency of
   periodic monitoring of industrial dusts and exhaust gases.


8. The
   Minister of Natural Resources and Environment shall impose regulations on
   industrial dust and exhaust gas monitoring techniques.

Article 113. Environmental monitoring data management

1. The
   Ministry of Natural Resources and Environment shall manage national
   environmental monitoring data; establish environmental monitoring database
   to be incorporated in the national environmental information system and
   database; integrate  environmental monitoring data of Ministries,
   ministerial agencies and local authorities, publish information about
   national environmental quality; provide professional guidance on and
   technical assistance in local environmental monitoring data management.


2. Ministries
   and ministerial agencies shall set up environmental monitoring database
   within their power and integrate it into the national environmental
   monitoring database.


3. Provincial
   People’s Committees shall manage environmental monitoring data; establish
   environmental monitoring database within their provinces in a manner that
   is consistent, synchronized and interconnected with the national
   environmental information system and database and publish information on
   local environmental quality on the basis of the local environmental
   monitoring results.


4. Investment
   projects, businesses, dedicated areas for production, business operation
   and service provision and industrial clusters shall manage waste
   monitoring data and make waste monitoring results publicly available as
   prescribed by law.

Section 2. ENVIRONMENTAL INFORMATION SYSTEMS AND DATABASE

Article 114. Environmental information

1. Environmental
   information consists of:

a/ Information on pollutants, discharge of pollutants into the
environment and sources of pollutants; environmental protection by investment
projects, businesses and dedicated areas for production, business operation and
service provision and industrial clusters;

b/ Information about solid waste, hazardous waste, wastewater,
exhaust gases and other types of waste prescribed by law;

c/ Information about decision to approve appraisal results,
EIARs, except for trade secrets and information classified as state secrets;
matters concerning licensing, registration, certification and confirmation;
results of inspection of environmental protection by investment projects,
businesses and dedicated areas for production, business operation and service
provision and industrial clusters;

d/ Information about statistical indicators regarding
environment, environmental quality and environmental pollution;

dd/ Information about natural heritage sites, natural ecosystems,
species and genetic resources; wildlife sanctuaries and biodiversity
conservation facilities; important wetlands;

2. The
   collection, storage and management of environmental information shall
   comply with the following regulations:

a/ Environmental information shall be collected in an accurate,
adequate and timely manner;

b/ Investment project/business owners shall regularly collect,
store and manage the environmental information mentioned in Points a, b and c
Clause 1 of this Article;

c/ Ministries and ministerial agencies shall collect, store and
manage environmental information under their management specified in Points d
and dd Clause 1 of this Article;

d/ People’s Committees at all levels shall collect, store and
manage environmental information within their areas and as assigned;

dd/ The Ministry of Natural Resources and Environment shall
collect and consolidate national environmental information.

3. The
   provision and publishing of environmental information shall comply with
   the following regulations:

a/ The State shall encourage entities to participate in
providing environmental information;

b/ Ministries, ministerial agencies and provincial People’s
Committees shall provide environmental information which they collect, store
and manage to the Ministry of Natural Resources and Environment through the
environmental information system and database or submit reports as prescribed
by law;

c/ Investment project/business owners shall provide the
environmental information mentioned in Points a, b and c Clause 1 of this
Article to an environmental protection authority through the environmental
information system and database or submit reports as prescribed by law;

d/ Entities shall publish environmental information as
prescribed on their websites or in another manner to facilitate access to
information.  The publishing of environmental information shall comply
with regulations of this Law and other relevant regulations of law.

4. The
   Government shall elaborate on contents and management of environmental
   information; procedures, time and method for providing and publishing
   environmental information.

Article 115. Environmental information systems and database

1. Regarding
   environmental information systems:

a/ The State shall introduce a policy to build and operate the
environmental information system with the aim of developing a digital
environmental platform and economy in the future;

b/ The Ministry of Natural Resources and Environment shall
build, manage and operate the national environmental information system;
provide guidance on operation of ministerial, sectoral and provincial
environmental information systems;

c/ Ministries, ministerial agencies and provincial People’s
Committees shall build, manage and operate ministerial, sectoral and provincial
environmental information systems in synchronization with the national
environmental information system.

2. Regarding
   environmental database:

a/ Environmental database means a collection of environmental
information, is built, updated, stored and managed to meet the needs for
access, provision and use from central to local government and serve the state
management of environmental protection and provision of public environmental
services;

b/ The Ministry of Natural Resources and Environment shall build
and manage the national environmental database; instruct other Ministries,
ministerial agencies and provincial People’s Committees to organize the
operation of their environmental database;

c/ Ministries, ministerial agencies and provincial People’s
Committees shall organize the operation of their environmental database; ensure
that it is integrated, connected and interconnected with the national
environmental database.

3. The
   Government shall elaborate this Article.

Article 116. Online public environmental services

1. Online
   public environmental services include public administrative environmental
   services, environmental information provision services and other public
   environmental services prescribed by law.


2. The
   provision of online public environmental services shall comply with the
   following regulations:

a/ Regulatory bodies that have the power to provide online
public environmental services as prescribed by the Government must ensure
connection, interconnection, convenience, simplicity and safety and serve the
state management of environment.

b/ The Ministry of Natural Resources and Environment and
provincial People’s Committees shall operate and provide guidance on provision
of online public environmental services ensuring the synchronization,
connection and interconnection as prescribed by law.

Section 3. ENVIRONMENTAL REPORTING

Article 117. Environmental statistical indicators

1. Environmental
   statistical indicators are part of the Vietnam’s statistical indicator
   system aiming to measure and assess environmental protection activities
   for sustainable development in the future and in line with the UN’s
   sustainable development indicator system.


2. Environmental
   statistical indicators include national environmental indicators and
   environmental statistical indicators of the natural resource and
   environment sector and are compiled in compliance with regulations of this
   Law and law on statistics.


3. Ministries,
   ministerial agencies and provincial People’s Committees shall organize
   production of statistics on environmental indicators in the fields,
   sectors and areas under their management; submit annual reports on
   environmental statistical indicators to the Ministry of Natural Resources
   and Environment.


4. The
   Minister of Natural Resources and Environment shall produce, provide
   guidance on and organize the production of environmental statistics;
   promulgate a set of statistical indicators of the natural resource and
   environment sector.

Article 118. Reporting of environmental protection

1. On
   an annual basis, the environmental protection carried out in the previous
   year shall be reported as follows:

a/ The district-level People’s Committee shall submit a report
to the district-level People’s Council and provincial People’s Committee before
January 31;

b/ The industrial park, export-processing zone, hi-tech zone or
economic zone management board shall submit a report to the provincial People’s
Committee before January 31;

c/ The provincial People’s Committee shall submit a report to
the People’s Council of the province and the Ministry of Natural Resources and
Environment before February 15;

d/ The Ministry or ministerial agency shall submit a report on
performance of its environmental protection tasks to the Ministry of Natural
Resources and Environment before February 15;

dd/ The Ministry of Natural Resources and Environment shall
prepare a report on environmental protection nationwide and submit it to the
Government for reporting to the National Assembly at its first session of the
year.

2. Main
   contents of an environmental protection report:

a/ State of soil, water and air and changes in soil, water and
air quality; natural heritage site and biodiversity;

b/ General socio-economic context and impacts on the
environment;

c/ Results of performance of environmental protection activities
including control of pollution sources; solid and hazardous waste management;
management of soil, water and air quality; pollution remediation, environmental
quality improvement; environmental emergency prevention and response;
environmental protection of natural heritage sites and biodiversity;

d/ Environmental monitoring and warning system;

dd/ Formulation of policies and law, handling of administrative
procedures, supervision, inspection and handling of violations against the law,
handling of complaints and denunciations about the environment;

e/ Conditions and resources for environmental protection;

g/ Results of compilation of environmental statistical
indicators;

h/ General assessment;

i)/Orientations, tasks and solutions for environmental
protection in the coming time.

3. The
   environmental protection reporting period begins from January 01 to
   December 31 inclusive of the reporting year.


4. The
   environmental protection report shall be submitted physically or
   electronically as prescribed by law.


5. The
   Minister of Natural Resources and Environment shall provide guidance on
   preparation of environmental protection reports; provide guidance on and
   organize the assessment of environmental protection by Ministries,
   ministerial agencies and provincial People’s Committees.

Article 119. Reporting of environmental protection during
production, business operation and service provision

1. Every
   investment project/business owner shall prepare and submit an
   environmental protection report to the competent authority as prescribed
   by law.


2. Environmental
   protection reports include:

a/ Annual environmental protection reports. The reporting period
begins from January 01 to December 31 inclusive of the reporting year;

b/ Ad hoc environmental protection reports requested by the
competent authority.

3. Main
   contents of a periodic environmental protection report include:

a/ Results of operation of works and implementation of
environmental protection measures for waste;

b/ Results of implementation of remedial measures required by
the inspecting authority and competent authority (if any);

c/ Results of periodic, automatic and continuous monitoring;

d/ Management of solid waste and hazardous solid waste;

dd/ Management of imported scrap (if any);

e/ Provision of environmental monitoring services (if any);

g/ Other environmental protection results, activities and
measures.

4. The
   environmental protection report shall be submitted physically or
   electronically as prescribed by law.


5. The
   Minister of Natural Resources and Environment shall elaborate contents,
   forms, methods and time for sending reports on environmental protection
   during production, business operation and service provision.

Article 120. State of the environment reports

1. State
   of the environment reports include general reports on state of the
   environment and thematic reports on state of the environment.


2. Responsibility
   for preparing state of the environment reports:

a/ The Ministry of Natural Resources and Environment shall
prepare a general report on national state of the environment every 05 years to
serve the assessment of results of implementation of the socio-economic
development plan; prepare an annual thematic report on national state of the
environment;

b/ Provincial People’s Committees shall prepare a general report
on local state of the environment every 05 years; prepare an annual thematic
report on state of the environment under the guidance of the Ministry of
Natural Resources and Environment; according to the pressing local
environmental issues, the provincial People’s Committees may decide to prepare
a thematic report on state of the environment within provinces.

3. Main
   contents of a state of the environment report include:

a/ Overview of nature, economy and society;

b/ Environmental impacts;

c/ State of the environment and environmental quality changes;

d/ Pressing environmental issues and causes thereof;

dd/ Impacts of the environment on economy and society;

e/ Results of implementation of policies, law and environmental
protection activities; international cooperation in environmental protection;

g/ Predicted environmental challenges;

h/ Directions and solutions for environmental protection.

4. Method
   for state of the environment reporting:

a/ The general report on national state of the environment shall
be submitted to the National Assembly at the session prior to the final session
of the last year of the tenure;

b/ The thematic report on national state of the environment
shall be published on the website of the Ministry of Natural Resources and
Environment prior to the National Assembly’s first session of the next year;
the thematic report on local state of the environment shall be published on the
website of the provincial People’s Committee prior to the regular session of
the provincial People’s Council of the next year.

5. The
   Minister of Natural Resources and Environment shall provide guidelines for
   preparation of state of the environment reports; provide guidelines for
   state of the environment reporting and preparation of state of the
   environment reports by other Ministries, ministerial agencies and
   provincial People’s Committees.

Chapter
X – ENVIRONMENTAL EMERGENCY PREVENTION AND RESPONSE AND
COMPENSATION FOR ENVIRONMENTAL DAMAGE

Section 1. ENVIRONMENTAL EMERGENCY PREVENTION AND RESPONSE

Article 121. General regulations on environmental emergency
prevention and response

1. The
   environmental emergency prevention and response shall adhere to technical
   processes and regulations on safety and environment.


2. The
   motto “leadership on-the-spot, forces on-the-spot, means and materials
   on-the-spot, and logistics on-the-spot” shall be used for environmental
   emergency response.


3. Entities
   causing environmental emergencies shall respond to them and pay costs of
   response.


4. An
   environmental emergency that occurs in an establishment or administrative
   division, the head of such establishment or administrative division shall
   direct and organize the response to the environmental emergency. There
   must be a commander, who will assign specific tasks and coordinate
   different forces, vehicles and equipment involved in response to the
   environmental emergency.


5. The
   State shall encourage and enable entities to invest in environmental
   emergency response services.


6. The
   prevention of environmental emergencies caused by waste leakage, spill or
   dispersal (hereinafter referred to as the “waste-related emergencies”)
   shall comply with regulations of this Law. The prevention of environmental
   emergencies caused by chemicals, radiation, oil slick, epidemics and
   others shall comply with relevant regulations of law.


7. The
   Government shall elaborate on the prevention of and response to
   environmental emergencies.

Article 122. Responsibility for environmental emergency response

1. Every
   investment project/business owner shall perform the following tasks:

a/ Comply with requirements concerning plans, measures and
equipment for environmental emergency prevention and response as prescribed by
law;

b/ Carry out regular inspection and adopt managerial and
technical plans and measures to eliminate and reduce the risk of environmental
emergencies.

2. Provincial
   People’s Committees shall:

a/ investigate, statistically report and assess the risk of
environmental emergencies within their provinces;

b/ build database and compile and publish information about
sources that are likely to cause environmental emergencies within their
provinces as prescribed by law;

c/ build and direct district- and communal-level People’s
Committees to build capacity for environmental emergency prevention and
response within their provinces.

3. Ministries
   and ministerial agencies shall respond to environmental emergencies as
   prescribed in Point a Clause 1 Article 127 of this Law.

Article 123. Classification of environmental emergencies by
scale and stages of response to environmental emergencies

1. The
   classification of an environmental emergency shall be based on the extent
   of environmental pollution or degradation at the time of discovering the
   emergency in order to determine an authority responsible for direction and
   response, including:

a/ In-facility environmental emergency: environmental pollution
or degradation occurs within a facility;

b/ District-level environmental emergency: environmental
pollution or degradation occurs beyond a facility and within a district;

c/ Provincial-level environmental emergency: environmental
pollution or degradation occurs beyond a district and within a province;

d/ National-level environmental emergency: environmental
pollution or degradation occurs within 02 provinces or more or across the
nation.

2. Stages
   of environmental emergency response include:

a/ Preparing for environmental emergency;

b/ Organizing environmental emergency response;

c/ Remediating environment after emergency.

Article 124. Preparing for environmental emergency

1. The
   person responsible for directing environmental emergency response
   specified in Clause 4 Article 125 of this Law shall direct the formulation
   and approval of the environmental emergency response plan within his/her
   jurisdiction; direct organization of environmental emergency response
   drills for which he/she grants approval.


2. The
   Ministry of National Defense shall preside over and cooperate with other
   Ministries, ministerial agencies, Governmental agencies and provincial
   People’s Committees in providing guidance on, forming forces and providing
   resources and equipment in response to environmental emergencies to the
   National Committee for Natural Disaster Management and Response and
   Command Centers for Natural Disaster Management of provinces and
   districts.


3. Investment
   project/business owners must have works, equipment and vehicles serving
   response to environmental emergencies as prescribed by law; form and train
   forces on-the-spot for the purpose of environmental emergency response.


4. An
   environmental emergency response plan shall be promulgated and implemented
   as follows:

a/ The National Committee for Natural Disaster Management and
Response shall promulgate and implement the national environmental emergency
response plan; inspect the implementation of the environmental emergency
response plan promulgated by the provincial Command Center for Natural Disaster
Management;

b/ The provincial Command Center for Natural Disaster Management
shall promulgate and implement the provincial environmental emergency response
plan; inspect the implementation of the environmental emergency response plan
promulgated by the district-level Command Center for Natural Disaster
Management;

c/ The district-level Command Center for Natural Disaster
Management shall promulgate and implement the district-level environmental
emergency response plan;

d/ The investment project/business owner shall promulgate and
organize the implementation of its environmental emergency response plan.

5. The
   environmental emergency response plan must have emergency scenario to
   formulate a corresponding emergency scheme and must be made publicly
   available as prescribed by law.


6. The
   environmental emergency response plan shall be integrated as follows:

a/ The environmental emergency response plan mentioned in Point
a, b or c Clause 4 of this Article may be integrated with the civil defense
plan or plan for response to another emergency;

b/ The environmental emergency response plan mentioned in Point
d Clause 4 of this Article is integrated with and approved together with the
plan for response to another emergency.

7. An
   environmental emergency response drill shall be organized as follows:

a/ The drill in response to in-facility environmental
emergencies shall be conducted at least every 02 years unless otherwise
prescribed by law;

b/ The drills in response to district, provincial and national-level
environmental emergencies shall be conducted according to the environmental
emergency response plan approved by the competent authority;

c/ The environmental emergency response drill must be joined by
relevant organizations and forces, representatives of residential communities
and surrounding facilities potentially affected by the emergency.

Article 125. Organizing environmental emergency response

1. Information
   about an environmental emergency must be promptly notified to the
   district-level Command Center for Natural Disaster Management and People’s
   Committee of the commune where the emergency occurs.


2. The
   district-level Command Center for Natural Disaster Management shall
   cooperate with the People’s Committee of the commune where the emergency
   occurs shall verify and promptly organize response to the environmental
   emergency and notify the district-level People’s Committee, which will
   announce the environmental emergency or notify the competent authority,
   which will organize the response as prescribed in Clause 1 Article 123 of
   this Law.


3. The
   response to an environmental emergency shall mainly focus on:

a/ identifying causes of the emergency; type, amount and weight
of pollutants released into the environment;

b/ preliminary assessment of extent, objects and level of
impacts on soil, water, air, humans and creatures;

c/ implementation of measures for isolating and limiting the
extent, objects and level of impacts; urgent implementation of measures to
ensure safety of humans, property, creature and environment;

d/ recovering, treating and eliminating pollutants or causes of
pollution;

dd/ publishing and providing information about the emergency to
the community to prevent and avoid adverse impacts of the emergency.

4. Responsibility
   for response to the environmental emergency:

a/ Investment project/facility owner has the responsibility to
organize response to the environmental emergency within the facility, if it is
beyond the response capacity, promptly notify the People’s Committee of the
province where the emergency occurs and the district-level Command Center for
Natural Disaster Management for cooperation;

b/ The President of the district-level People’s Committee and
the head of the district-level Command Center for Natural Disaster Management
shall direct emergency response, mobilize resources, equipment and vehicles and
appoint a commander and spokesman to respond to the emergency occurring within
the district;

c/ The President of the provincial People’s Committee and the
head of the provincial Command Center for Natural Disaster Management shall
direct emergency response, mobilize resources, equipment and vehicles and
appoint a commander and spokesman to respond to the emergency occurring within
the province;

d/ The Chair of the National Committee for Natural Disaster
Management and Response shall direct emergency response, mobilize resources,
equipment and vehicles and appoint a commander and spokesman to respond to the
national emergency.

5. If
   it is beyond the response capacity, the emergency response director shall
   notify the supervisory authority. Entities shall cooperate and assist in
   response to the environmental emergency upon request.


6. If
   the environmental pollution or degradation occurs beyond a facility or administrative
   division, the emergency response director shall notify the supervisory
   authority, which will direct the emergency response.


7. Where
   necessary, the emergency response director specified in Clause 4 of this
   Article shall decide to establish a command center and working team
   responsible to identify causes of the emergency.


8. The
   Ministry of Health and People’s Committees at all levels shall assess the
   extent, objects and level of impacts of the environmental emergency on
   human health and take measures to prevent and minimize those impacts.

Article 126. Remediating environment after emergency

1. The
   owner of the investment project/facility causing an environmental
   emergency shall remediate the environment after the emergency occurs
   within such facility. The People’s Committee of the commune where the
   emergency occurs shall inspect and supervise the environmental
   remediation.


2. After
   a district, provincial or national-level environmental emergency occurs,
   the environmental remediation shall be carried out as follows:

a/ The district-level People’s Committee shall conduct survey
and assessment of state of the environment, formulate, approve and direct the
implementation of the environmental remediation plan for the district-level
environmental emergency. Within 30 days from the end of the stage of organizing
the response, the district-level People’s Committee must approve the
environmental remediation plan;

b/ The provincial People’s Committee shall conduct survey and
assessment of state of the environment, formulate, approve and direct the
implementation of the environmental remediation plan for the provincial
environmental emergency. Within 60 days from the end of the stage of organizing
the response, the provincial People’s Committee must approve the environmental
remediation plan;

c/ The Ministry of Natural Resources and Environment shall
conduct survey and assessment of state of the environment, formulate, approve
and direct the implementation of the environmental remediation plan for the
national environmental emergency. Within 90 days from the end of the stage of
organizing the response, the Ministry of Natural Resources and Environment must
approve the environmental remediation plan.

3. Contents
   of the environmental remediation plan consist of:

a/ Description and assessment of the state of the environment
after the emergency occurrence including the level, extent and characteristics
of environmental pollution in each area; state of the environment, premises and
ecosystems (if any) before the emergency occurrence; requirements for remediating
the environment in accordance with the environmental technical regulation on
ambient environment quality, premises restoration and recovery of main
characteristics of the ecosystem;

b/ Environmental remediation measures; analysis, assessment and
selection of the best solution for environmental improvement and remediation;

c/ List and volume of items serving environmental remediation
regarding the selected solution;

d/ The implementation plan divided into multiple stages of
environmental remediation; program for management, monitoring and supervision
during environmental remediation period; plan to commission environmental
remediation results.

4. The
   inspection, supervision and commissioning of the environmental remediation
   plan specified in Clause 2 of this Article shall comply with the following
   regulations:

a/ If an entity causes an environmental emergency implements the
approved plan itself/himself/herself; the authority approving the plan shall
inspect and supervise environmental remediation according to the approved plan;

b/ If the authority approving the plan shall organize the
implementation of the plan, the entity causing the emergency is entitled to
participate in supervision, appraisal, inspection and commissioning of remedial
remediation.

5. The
   environmental remediation shall comply with the environmental technical
   regulation on ambient environment quality.


6. The
   authority approving the environmental remediation plan shall announce the
   end of the environmental remediation stage to residential communities,
   press agencies and communications agencies.


7. The
   Minister of Natural Resources and Environment shall elaborate this
   Article.

Article 127. Responsibility of Ministries, ministerial agencies
and specialized agencies at all levels for environmental emergency prevention
and response

1. Ministries
   and ministerial agencies shall:

a/ provide guidance on, inspect and build capacity for
prevention and warning of environmental emergencies in the fields and sectors
under their management; preparation for environmental emergencies and
organization of environmental emergency response within the scope of management
as prescribed by law;

b/ provide guidance on contents of environmental emergency
response plans under their management; technical processes and techniques for
environmental emergency response and environmental emergency scenarios under
their management as prescribed by law;

c/ formulate and request the National Committee for Natural
Disaster Management and Response to promulgate the national environmental emergency
response plan within the scope of management;

d/ participate in response to national environmental emergencies
within the scope of management as assigned by the National Committee for
Natural Disaster Management and Response.

2. Specialized
   agencies affiliated to district- and provincial-level People’s Committees
   shall, within their jurisdiction, advise district- and provincial-level
   People’s Committees, district- and provincial-level Command Centers for
   Natural Disaster Management to formulate and promulgate environmental
   emergency response plans; provide guidelines for preparing for and
   organizing response to environmental emergencies within their districts
   and provinces.


3. The
   Ministry of Natural Resources and Environment shall:

a/ formulate and submit to the Prime Minister the Regulation on
waste-related emergency response; provide technical guidance on waste-related
emergency prevention and response;

b/ participate in organizing response to national environmental
emergencies as assigned by the National Committee for Natural Disaster
Management and Response;

c/ direct the environmental remediation after the national
environmental emergency; provide technical guidance on environmental
remediation after emergency.

4. Provincial-
   and district-level specialized environmental protection authorities shall
   advise provincial- and district-level People’s Committees on environmental
   remediation after emergency within their provinces and districts.

Article 128. Finance for environmental emergency response

1. Any
   entity that causes an environmental emergency shall promptly and
   sufficiently pay costs incurred in connection with emergency response and
   environmental remediation. If the State organizes emergency response and
   environmental remediation, the entity causing the emergency shall pay
   costs of emergency response and environmental remediation to the State as
   prescribed by law.


2. In
   case of failure to identify causes of the emergency or the entity causing
   the emergency, the costs of emergency response and environmental
   remediation shall be paid by the State.


3. The
   funding for emergency response and environmental remediation specified in
   Clause 2 of this Article is covered by the state budget and other funding
   sources prescribed by law.


4. The
   costs of manpower, materials and vehicles used and mobilized to respond to
   environmental emergencies will be reimbursed and paid for as prescribed by
   law.

Article 129. Publishing of information and participation by
residential communities in environmental emergency prevention and response

1. Any
   entity or residential community that may be affected by an environmental
   emergency must be notified of its risks and measures to respond to the
   environmental emergency implemented by surrounding facilities; are
   entitled to be informed, participate and supervise environmental emergency
   response.


2. Investment
   project/business owners shall notify communal People’s Committees of risks
   of environmental emergencies and response measures to inform entities and
   surrounding residential community.


3. The
   time of starting and ending the stage of organizing environmental
   emergency response and stage of environmental remediation must be
   published by competent person or authority on mass media.


4. Environmental
   emergency directors and spokesmen for environmental emergencies shall
   promptly provide and update information about environmental emergencies to
   communications agencies, press agencies and residential communities.
   Information about environmental emergencies provided by environmental
   emergency directors and spokesmen for environmental emergencies are
   official information.


5. Communications
   agencies and press agencies shall accurately, truthfully, sufficiently and
   promptly provide information about environmental emergencies and response
   to environmental emergencies.

Section 2. COMPENSATION FOR ENVIRONMENTAL DAMAGE

Article 130. Damage caused by environmental pollution and
remediation and rules for determining liability for compensation for
environmental damage

1. Damage
   caused by environmental pollution and degradation includes:

a/ Impairment of environmental functions and usefulness;

b/ Loss of lives and damage to entities’ health, property and
legitimate interests as a result of impairment of environmental functions and
usefulness.

2. Entities
   that cause environmental emergencies must be determined in a prompt,
   objective and fair manner. Entities that cause environmental emergencies
   must provide compensation for damage they cause and pay costs of assessing
   damage and following procedures for claiming compensation for damage as
   prescribed.


3. If
   there are at least 02 entities causing damage to environment, the
   compensation shall be provided as follows:

a/ The liability of each entity for compensation for
environmental damage shall be determined according to the type of pollutant,
amount of exhaust gases and other factors.

b/ The liability for compensation for environmental damage and
payment of costs of assessing damage and following procedures for claiming
compensation for damage shall be determined in proportion to damage rate in the
total environmental damage; if relevant parties or environment authority fails
to determine the liability, the international arbitration or court shall make a
decision within its power;

4. The
   entities that comply with all regulations of law on environmental
   protection, build waste treatment systems that satisfy the requirements
   and prove that no environmental damage is caused are not required to
   provide compensation for environmental damage and incur the costs of assessing
   damage and following procedures for claiming compensation for damage.

Article 131. Responsibility for claiming compensation for damage
and assessing environmental damage

1. Any
   People’s Committee or entity that finds that the environment shows signs of
   pollution or degradation shall notify the authority responsible for
   claiming compensation for damage and organizing collection and
   verification of data and evidence to determine environmental damage caused
   by the pollution or degradation as prescribed in Clause 2 of this Article.


2. Responsibility
   for claiming compensation and organizing collection and verification of
   data and evidence to determine environmental damage caused by pollution
   and degradation:

a/ The communal People’s Committee shall claim compensation for
environmental damage caused within areas under its management. In this case,
the communal People’s Committee shall request the district-level People’s
Committee to organize collection and verification of data and evidence to
determine environmental damage caused by pollution or degradation;

b/ The district-level People’s Committee shall claim
compensation for damage and organize collection and verification of data and
evidence to determine environmental damage caused by pollution or degradation within
at least 02 communes; and shall, at the request of the communal People’s
Committee, organize collection and verification of data and evidence to
determine environmental damage caused by pollution or degradation;

c/ The provincial People’s Committee shall claim compensation
for damage and organize collection and verification of data and evidence to
determine environmental damage caused by pollution or degradation within at
least 02 districts;

d/ The Ministry of Natural Resources and Environment shall claim
compensation for damage and preside and cooperate with the provincial People’s
Committees in organizing collection and verification of data and evidence to
determine environmental damage caused by pollution or degradation within at
least 02 provinces.

3. Any
   entity that suffers loss of life, damage to health, property and
   legitimate interests due to the impairment of the environmental function
   or usefulness shall determine or authorize a regulatory body or another
   entity to determine damage and claim compensation for environmental damage
   in accordance with regulations of this Law and other relevant regulations
   of law.


4. The
   Government shall elaborate this Article.

Article 132. Assessment of damage caused by environmental
pollution and degradation

1. The
   assessment of damage caused by environmental pollution or degradation
   shall cover the following:

a/ Area of environmental pollution or degradation;

b/ Amount of environmental components degraded and types of
ecosystems and species damaged;

c/ Degree of damage to each environmental component, ecosystem
and species.

2. The
   assessment of damage caused by the impairment of the environmental
   functions or usefulness shall be carried out independently or in
   cooperation between the damaging party and the damaged party. If either or
   both of the parties make a request, the specialized environmental
   protection authority shall provide guidelines for damage assessment or
   witness the damage assessment.


3. The
   assessment of fatality and damage to entities’ health, property and
   legitimate interests caused by the impairment of the environmental
   functions or usefulness shall be carried out in accordance with
   regulations of law.


4. The
   Government shall elaborate on assessment of damage caused by environmental
   pollution and degradation.

Article 133. Settlement of claims for compensation for environmental
damage

1. A
   claim for compensation for environmental damage shall be settled by
   negotiation between parties. In case of failure to reach an agreement, the
   parties may adopt the following methods:

a/ Mediation;

b/ Settlement of the dispute by arbitration;

c/ Settlement of the dispute by a Court.

2. The
   settlement by a Court may be carried out in accordance with regulations on
   tort and law on civil procedures, except for regulations on proving the
   causal connection between violations against law and the damage caused.
   Entities that commit violations and cause environmental pollution have the
   responsibility to prove the causal connection between a violation against
   the law on environment and the damage caused.

Article 134. Compensations for environmental damage

1. Compensations
   for environmental damage specified in Point a Clause 1 Article 130 of this
   Law shall be calculated according to:

a/ Costs of short-term and long-term damage caused by the
impairment of the environmental function or usefulness;

b/ Costs of environmental improvement and remediation;

c/ Costs of minimizing or eliminating damage-causing sources or
organizing environmental emergency response;

d/ Costs of assessing damage and following procedures for
claiming compensation for environmental damage;

dd/ Depending on specific condition, Points a, b, c or d of this
Clause may be applied to calculate costs of environmental damage and serve as
the basis for claiming compensation and settling compensation claims.

2. Compensations
   for environmental damage shall be directly paid by entities or paid to the
   Vietnam Environment Protection Fund or provincial environment protection
   fund, which will make the payment.

Article 135. Verification of damage caused by impairment of
environmental functions and usefulness

1. The
   verification of damage caused by impairment of environmental functions and
   usefulness shall be carried out at the request of the entity suffering the
   damage or compensation body.


2. The
   bases for verifying damage include a claim for environmental compensation,
   information, data, evidence and others related to compensation and the
   subject causing damage.


3. The
   damage verifying organization shall be selected by the party requesting
   the damage verification; in case of failure to reach an agreement, the
   compensation body shall decide on the damage verifying organization.


4. The
   Government shall elaborate on verification of damage caused by impairment
   of environmental functions and usefulness.

Chapter
XI – ECONOMIC INSTRUMENTS, POLICIES AND RESOURCES FOR
ENVIRONMENTAL PROTECTION

Section 1. ECONOMIC INSTRUMENTS FOR ENVIRONMENTAL PROTECTION

Article 136. Policies on environmental protection taxes and fees

1. Regarding
   environmental protection taxes:

a/ Environmental protection taxes shall be imposed on products
and goods of which the use adversely impacts the environment or substances that
cause environmental pollution;

b/ Environmental protection tax rates shall be determined
according to the levels of adverse impacts on the environment;

c/ The promulgation and implementation of regulations on
environmental protection taxes shall comply with regulations of law on
taxation.

2. Regarding
   environmental protection fees:

a/ Environmental protection fees on discharge of waste into the
environment; mineral mining or creation of adverse impacts on the environment;
public services in the field of environmental protection in accordance with
regulations of law on fees and charges;

b/ Environmental protection fees shall be determined according
to the amount and toxicity of pollutants released into the environment,
characteristics of the waste receiving environment; levels of adverse impacts
of mineral mining activities on the environment; nature of public services in
the field of environmental protection;

c/ The promulgation and implementation of regulations on
environmental protection fees shall comply with regulations of law on fees and
charges.

3. The
   Ministry of Natural Resources and Environment shall preside over assessing
   the level of environmental pollution and greenhouse effect caused by waste
   or products or goods of which the use adversely impacts the environment to
   propose a list of objects subject to environmental protection taxes and
   fees, bracket and rates of taxes and fees on each object subject to
   environmental protection taxes and fees and methods for calculating
   environmental taxes and shall send them to the Ministry of Finance, which
   will request a competent authority for consideration and decision.

Article 137. Payment of deposits on environmental protection

1. The
   payment of deposits on environmental protection aims to ensure that
   entities take responsibility for remediating environment and manage risks
   of environmental pollution caused by the activities specified in Clause 2
   of this Article.


2. Entities
   that carry out the activities below must pay deposits on environmental
   protection:

a/ Mineral mining;

b/ Waste burial;

c/ Import of scrap as production materials.

3. The
   payment of deposits on environmental protection shall be made in cash,
   precious metals, precious stones or financial instruments as prescribed by
   law.


4. The
   payment of deposits on environmental protection shall be made as follows:

a/ Entities that carry out the activities in Points a and b
Clause 2 of this Article shall pay deposits to the Vietnam Environment
Protection Fund or provincial environment protection fund;

b/ Entities that carry out the activity in Point c Clause 2 of
this Article shall pay deposits to the Vietnam Environment Protection Fund or
provincial environment protection fund or financial institution or credit
institution as prescribed by law.

5. The
   Government shall elaborate this Article, deposits, deposit payment
   methods, principles of deposit interest rates and return of deposits on
   environmental protection.

Article 138. Payments for ecosystem services

1. Payments
   for ecosystem services occur when a user of an ecosystem service makes a
   payment to the provider of environmental and landscape values created by
   the ecosystem to protect, maintain and develop the ecosystem.


2. Ecosystem
   services for which payments are made include:

a/ Forest environmental services provided by forest ecosystems
in accordance with regulations of law on forestry;

b/ Wetland ecosystem services serving the purposes of tourism
business, leisure and aquaculture;

c/ Marine ecosystem services serving the purposes of tourism
business, leisure and aquaculture;

d/ Rocky mountain, cave and geopark ecosystem services serving the
purposes of tourism business and leisure;

dd/ Ecosystem services serving the purposes of carbon
sequestration and storage, except for the case in Point a of this Clause.

3. Principles
   of making payments for ecosystem services:

a/ Every user of one or more ecosystem services must make
payments for ecosystem services;

b/ Users may make a direct or indirect payment through
entrustees;

c/ Payments for ecosystem services shall be included in the
prices of finished products or services of users of ecosystem services and
offset the costs of protecting, maintaining and developing ecosystems;

d/ Ecosystem service providers must use payments for ecosystem
services to protect, maintain and develop ecosystems.

4. Entities
   must make payments for ecosystem services when they:

a/ extract and use water and sea surface of ecosystems for
aquaculture and water recreation services;

b/ use landscapes of ecosystems for tourism and recreation
services;

c/ The production and business operation that emit GHGs must use
carbon sequestration and storage services provided by ecosystems to reduce GHG
emission.

5. The
   Government shall elaborate this Article.

Article 139. Organizing and developing domestic carbon market

1. The
   domestic carbon market covers the exchange of GHG emission quotasand carbon
   credits obtained from the participation in domestic and international
   carbon credit exchange and offsetting mechanisms in accordance with
   regulations of law and international treaties to which the Socialist
   Republic of Vietnam is a signatory.


2. GHG-emitting
   facilities that are required to conduct an inventory of GHGs on the list
   specified in Clause 3 Article 91 of this Law are given GHG emission quotas
   and reserves the right to exchange and trade quotas on the domestic carbon
   market.


3. Bases
   for determining GHG emission quotas include:

a/ National climate change strategy and other relevant
development strategies and planning;

b/ Results of national GHG inventory, fields and facilities on
the list specified in Clause 3 Article 91 of this Law;

c/ Roadmap and methods for reducing GHGs in conformity with
national conditions and international commitments.

4. GHG-emitting
   facilities are only allowed to emit GHGs within the allocated quotas; if
   they wish to emit GHGs in excess of the allocated quotas, they shall
   purchase quotas from other entities through the domestic carbon market.


5. Any
   GHG-emitting facility that reduces GHG emissions or has not used up its
   allocated quotas is entitled to sell its unused quotas to another entity
   through the domestic carbon market.


6. Every
   GHG-emitting facility participating in the domestic and international
   carbon credit exchange and offsetting mechanisms in accordance with
   regulations of law and international treaties to which the Socialist
   Republic of Vietnam is a signatory is allowed to exchange carbon credits
   on the domestic carbon market.


7. Every
   GHG-emitting facility participating in the domestic and international
   carbon credit exchange and offsetting mechanisms shall exchange, auction,
   borrow, pay for and transfer carbon quotas and credits in accordance with
   regulations of law and international treaties to which the Socialist
   Republic of Vietnam is a signatory.


8. The
   Ministry of Natural Resources and Environment shall request the Prime
   Minister to grant approval for total GHG emission quotas at the end of
   each stage and every year.


9. The
   Ministry of Finance shall preside over and cooperate with the Ministry of
   Natural Resources and Environment and other Ministries and ministerial
   agencies concerned to establish the domestic carbon market.


10. The
    Ministry of Natural Resources and Environment shall organize allocation of
    GHG emission quotas to entities as prescribed in Clause 2 of this Article;
    organize operation of the domestic carbon market and participation in
    international carbon markets.


11. The
    Government shall elaborate this Article and costs of allocating GHG
    emission quotas, roadmap and time for operating the domestic carbon market
    in conformity with national socio-economic conditions and international
    treaties to which the Socialist Republic of Vietnam is a signatory.

Article 140. Liability insurance against environmental damage

1. Insurers
   are encouraged to provide liability insurance against environmental
   damage.


2. According
   to investment projects classified as prescribed in Article 28 of this Law,
   the Government shall elaborate on entities required to buy liability
   insurance against environmental damage.


3. Entities
   other than those specified in Clause 2 of this Article are encouraged to
   buy liability insurance against environmental damage.

Section 2. POLICIES TO PROVIDE INCENTIVES AND ASSISTANCE AND
DEVELOP ENVIRONMENTAL ECONOMY

Article 141. Incentives for and assistance in environmental
protection

1. The
   policy to provide incentives and assistance for environmental protection
   is as follows:

a/ The State shall provide incentives and assistance regarding
land and capital; exemption and reduction of environmental protection taxes and
fees; provision of freight subsidies to environmentally-friendly products and
other incentives and assistance for environmental protection activities as
prescribed by law;

b/ Entities that carry out multiple environmental protection
activities eligible for incentives and assistance are entitled to the
incentives and assistance corresponding to such activities;

c/ If an environmental protection activity is eligible for the
same incentives or assistance in accordance with regulations of this Law and
other relevant regulations of law, the higher rates of incentives or assistance
provided for in a document shall apply;

d/ The rate and scope of incentives and assistance for
environmental protection shall be adjusted to ensure the consistency with the
environmental protection policy in each period.

2. Investment
   and business activities regarding environmental protection eligible for
   incentives and assistance include:

a/ Investment projects involving collection, treatment,
recycling or reuse of waste;

b/ Enterprises manufacturing and providing technologies,
equipment, products and services in support of satisfying the environmental
protection requirements, including combined waste treatment and waste-to-energy
technology; centralized domestic wastewater treatment services; ambient
environment monitoring services; electric and renewable energy-powered public
transport services; manufacturing clean and renewable energy; manufacturing and
supplying environmental monitoring equipment and equipment for in situ
wastewater treatment, Vietnam Green Label certified environmentally-friendly
products and services.

3. Environmental
   protection activities eligible for incentives and assistance other than
   investment and business activities include:

a/ Technology innovation and renovation and upgrading of waste
treatment works according to the roadmap prescribed by the law on environmental
protection;

b/ Relocation of households from dedicated areas for production,
business operation and service provision or relocation of operating facilities
to maintain environmental safe distance;

c/ Investment in development of natural capital and protection
of natural heritage sites.

4. Scientific
   research into and development of technologies and transfer of technologies
   for environmental protection are eligible for incentives and assistance in
   accordance with regulations of law on science, technology and technology
   transfer.


5. The
   Government shall elaborate this Article.

Article 142. Circular economy

1. Circular
   economy is an economic model which encompasses the design, production,
   consumption and services activities aimed at reducing raw materials,
   extending product life, reducing waste generation and minimizing adverse
   impacts on the environment.


2. Ministries,
   ministerial agencies and provincial People’s Committees shall incorporate
   circular economy immediately at the stage of formulating a development
   strategy, planning, plan, program or project; managing, reusing and
   recycling waste.


3. Every
   business shall establish a management system and take measures to reduce
   extraction of natural resources, reduce waste and increase waste recycling
   and reuse from setting up a project and designing a product or goods to
   production and distribution.


4. The
   Government shall elaborate on criteria, roadmap and mechanisms for
   encouraging the implementation of circular economy in conformity with the
   national socio-economic conditions.

Article 143. Development of environmental industry

1. Environmental
   industry refers to an industry sector in the Vietnam Standard Industrial
   Classification providing technologies, equipment and products serving the
   environmental protection.


2. The
   State shall invest in and introduce policies to assist entities in
   developing environmental industry and implementing the roadmap for opening
   up the environmental goods market in accordance with international
   commitments.


3. The
   Government shall elaborate this Article.

Article 144. Development of environmental services

1. Environmental
   services refers to an industry sector including services provided to
   measure, control, limit, prevention or minimize water, air and soil
   pollution, efficiently use natural resources; treat waste and other
   pollutants; conserve biodiversity, and other relevant services.


2. The
   State shall adopt policies to develop environmental services market;
   promote trade liberalization for environmental services according to a
   roadmap consistent with international commitments; encourage entities to
   invest in, research and provide environmental services.


3. Entities
   are encouraged to provide environmental services related to:

a/ Collection, transport, recycling and treatment of waste;

b/ Environmental monitoring and analysis, environmental impact
assessment;

c/ Improvement and remediation of environment and ecosystems in
polluted and degraded areas;

d/ Consulting and transfer of environmentally-friendly
production technologies; energy-saving technologies, production of clean and
renewable energy;

dd/ Environmental consulting and training, provision of
environmental information about environment; clean energy, renewable energy and
energy saving;

e/ Environmental assessment for goods, machinery, equipment and
technologies;

g/ Environmental and biodiversity damage assessment; assessment
of pollutants that directly affect human health;

h/ Other environmental protection services.

4. Charges
   for environmental services shall comply with regulations of law on prices.


5. The
   Government shall elaborate this Article.

Article 145. Environmentally-friendly products and services

1. Environmentally-friendly
   product or service refers to a product or service created using
   environmentally-friendly materials and production and management
   technology to minimize its environmental impacts during its use or after
   it is disposed of in a manner that ensures environmental safety and human
   health, and is certified or recognized by a competent authority.


2. Vietnam
   ecolabel is a label that is awarded by a Vietnamese competent authority to
   an environmentally-friendly product or service. The monitoring, analysis
   and conformity assessment for comparison with Vietnam Green Label criteria
   applicable to a product or service must be carried out by an environmental
   monitoring organization as prescribed by this Law and conformity
   assessment body in accordance with regulations of law on quality of
   products and goods, law on measurement and other relevant laws.


3. Vietnam
   shall recognize environmentally-friendly products and services already
   certified by international organizations and countries signing the mutual
   recognition agreements with Vietnam.


4. The
   Government shall elaborate this Article.

Article 146. Green procurement

1. Green
   procurement means the purchase of environmentally-friendly products and
   services awarded Vietnam Ecolabel or recognized as prescribed by law.


2. Priority
   is given to green procurement for investment projects or tasks funded by
   the state budget as prescribed by the Government.

Article 147. Exploitation, use and development of natural
capital

1. Natural
   capital is the stock of natural resources, which includes soil, water,
   forests, aquatic resources, minerals, fossil fuels, natural energy sources
   and natural ecosystem services.


2. The
   exploitation, use and development of natural capital shall adhere to the
   following principles:

a/ The natural capital is inventoried and evaluated to serve the
socio-economic development as prescribed by law;

b/ The State gives priority to investment in maintenance and
development of natural capital that has the ability to regenerate itself and
provide natural ecosystem services.

c/ Priority is given to re-investment of revenues from natural
capital in maintenance and development of natural capital.

3. The
   State shall encourage entities to exploit, use, enhance and invest in
   maintenance and development of natural capital.


4. Ministries,
   ministerial agencies and provincial People’s Committees shall incorporate
   investment in development of natural capital in their socio-economic
   development strategies, planning, plans, programs, schemes and projects.

Section 3. RESOURCES FOR ENVIORNMENTAL PROTECTION

Article 148. Resources for environmental protection

1. The
   State shall provide resources for the following environmental protection
   activities:

a/ Waste management and assistance in waste treatment;

b/ Environmental improvement and remediation;

c/ Construction of technical infrastructure serving
environmental protection; equipment for environmental protection; environmental
monitoring;

d/ Inspection and supervision of environmental protection;

dd/ Nature and biodiversity conservation; environmental
protection of natural heritage sites; adaptation to climate change;

e/ Scientific research into, development and transfer of
environmental technologies;

g/ Disseminating information about and raising awareness of
environmental protection; spreading knowledge of and disseminating the law on
environmental protection;

h/ International integration and cooperation in environmental
protection;

i/ Other activities prescribed by law.

2. Resources
   for the activities in Clause 1 of this Article include:

a/ State budget for covering current expenses and development
investment expenditures on environmental protection;

b/ Private capital for environmental protection.

3. The
   state budget shall cover specific expenditures on environmental protection
   and gradually increase them in each period within its budget and in line
   with environmental protection requirements and tasks.


4. Investment
   project/business owners shall provide funding for the following
   environmental protection activities:

a/ Innovation of waste treatment technologies as prescribed by
law;

b/ Construction and operation of environmental protection works
as prescribed by law;

c/ Execution of environmental monitoring programs (if any);

d/ Execution of environmental emergency prevention and response
plans (if any);

dd/ Other activities prescribed by law.

5. Funding
   for the activities in Clause 4 of this Article must be statistically
   reported, recorded and published on the businesses’ accounting systems and
   reported as prescribed by law.


6. The
   Ministry of Natural Resources and Environment shall provide guidelines for
   statistically reporting, supervising and announcing resources for
   environmental protection.


7. The
   Government shall elaborate on Clauses 1 and 2 of this Article.

Article 149. Green credit

1. Green
   credit is the credit granted to the following investment projects:

a/ Efficient use of natural resources;

b/ Adaptation to climate change;

c/ Waste management;

d/ Pollution remediation and environmental quality improvement;

dd/ Natural ecosystem restoration;

e/ Nature and biodiversity conservation;

g/ Creation of other environmental benefits.

2. Lending
   by credit institutions and foreign branch banks in Vietnam to investment
   projects must comply with regulations of law on management of environmental
   risks in lending.


3. Credit
   institutions and foreign branch banks in Vietnam are encouraged to finance
   and grant concessional loans to the projects in Clause 1 of this Article.


4. The
   Governor of the State Bank shall provide guidelines for management of environmental
   risks in credit extension by credit institutions and foreign branch banks
   in Vietnam.


5. The
   Government shall introduce a roadmap for grant of green credit and
   mechanisms for encouraging grant of green credit.

Article 150. Green bonds

1. Green
   bonds are bonds issued by the Government, local authorities and
   enterprises in accordance with regulations of law on bonds to raise
   capital for environmental protection activities and investment projects
   that offer environmental benefits.


2. Revenues
   from issuance of green bonds must be recorded and monitored in accordance
   with regulations of law on bond issuance and used for executing investment
   projects involving environmental protection and investment projects
   offering environmental benefits, including:

a/ Renovation and upgrading of environmental protection works;

b/ Replacement of technologies towards application of best
available techniques;

c/ Application of circular economy and green economy, and
reduction of carbon emissions;

d/ Prevention and reduction of environmental pollution;

dd/ Environmental remediation after environmental emergency;

e/ Efficient use of natural resources, soil resources, energy
saving and development of renewable energy;

g/ Construction of multi-purpose and environmentally-friendly
infrastructure;

h/ Efficient management of water and treatment of wastewater;

i/ Climate change adaptation and investment in development of
natural capital;

k/ Other investment projects.

3. Issuers
   of green bonds must provide information about environmental impact
   assessment and environmental licenses of investment projects, and use
   capital raised from issuance of green bonds to investors.


4. Issuers
   and investors purchasing green bonds are entitled to the incentives in
   accordance with regulations of this Law and other relevant regulations of
   law.


5. The
   Government shall elaborate this Article.

Article 151. Environmental protection funds

1. Vietnam
   Environment Protection Fund and provincial environment protection funds
   are state financial agencies established at the central level, in
   provinces and central-affiliated cities to grant concessional loans,
   receive deposits, donations, assistance and financial contributions for
   environmental protection.

The State encourages enterprises and entities to establish
environment protection funds.

2. The
   power to establish an environment protection fund:

a/ The Prime Minister shall decide on the establishment,
organizational structure and operation of the Vietnam Environment Protection
Fund;

b/ A provincial People’s Committee shall decide on the
establishment, organizational structure and operation of the provincial
environment protection fund;

c/ An organization, enterprise or individual shall establish
its/his/her own environment protection fund and operate it as prescribed by
law.

3. The
   Government shall prescribe operating funding of the Vietnam Environment
   Protection Fund and provincial environment protection funds.

Article 152. Scientific research into, development, application
and transfer of environmental protection technologies

1. Entities
   investing in scientific research into, development, application and
   transfer of environmental protection technologies are eligible for the
   incentives and assistance provided by the State.


2. Activities
   related to scientific research into, development, application and transfer
   of environmental protection technologies eligible for the incentives and
   assistance provided by the State include:

a/ Efficient use of natural resources, energy saving, nature and
biodiversity conservation and environmentally-friendly activities;

b/ Reuse, recycling and treatment of waste and environmental
remediation;

c/ Control and reduction of environmental pollution;
environmental monitoring and prediction of environmental changes;

d/ Production of solutions for climate change adaptation.

Section 4. ENVIRONMENTAL EDUCATION AND COMMUNICATION

Article 153. Environmental education and training

1. Education
   contents and programs of the National Education System shall be integrated
   with knowledge and law relating to environmental protection.


2. The
   State shall give priority to training of human resources for environmental
   protection; investment in training of officials, managers and technical
   personnel in charge of environmental protection; encourage entities to
   give education about environmental protection and train human resources
   for environmental protection.


3. The
   Minister of Education and Training shall preside over and cooperate with
   the Minister of Natural Resources and Environment in providing for
   environmental education contents and programs and development of human
   resources for environmental protection.

Article 154. Communication and dissemination of knowledge and
law relating to environmental protection

1. The
   communication and dissemination of knowledge and law relating to
   environmental protection shall be carried out regularly and widely.


2. The
   Ministry of Natural Resources and Environment shall preside over and
   cooperate with other Ministries, ministerial agencies, socio-political
   organizations, communication agencies and press agencies in communicating
   and disseminating knowledge and law relating to environmental protection.


3. Ministries
   and ministerial agencies shall preside over and cooperate with the
   Ministry of Natural Resources and Environment, communication agencies and
   press agencies in communicating and disseminating knowledge and law
   relating to environmental protection in the fields under their management.


4. Provincial
   People’s Committees shall preside over and cooperate with communication
   agencies and press agencies in communicating and disseminating knowledge
   and law relating to environmental protection within their provinces.

Chapter
XII – INTERNATIONAL INTEGRATION AND COOPERATION IN
ENVIRONMENTAL PROTECTION

Article 155. Principles of international integration and
cooperation in environmental protection

1. The
   international integration and cooperation in environmental protection
   shall be carried out in a manner on the basis of equality, mutual benefit,
   synergy enhancement, national status and reputation enhancement, respect
   for independence, sovereignty and territorial integrity, compliance with
   the laws of each party, international laws and commitments in
   international environmental treaties and agreements.


2. Priority
   shall be given to signature of international treaties and agreements
   beneficial for national, regional and global environmental protection and
   relevant to interests and capacity of Vietnam.


3. International
   environmental disputes shall be resolved by peaceful means and in
   accordance with international practices and laws and laws of relevant
   parties.

Article 156. Responsibility for international integration and
cooperation in environmental protection

1. The
   State shall encourage the proactivity in international integration in
   environmental protection and focus on management and protection of
   environmental components, biodiversity conservation, green growth,
   sustainable development and climate change adaptation; provide adequate
   resources and fully fulfill the commitments in international environmental
   treaties and agreements, follow the international integration trend and
   assist in the international economic integration.


2. The
   State shall encourage the investment, international cooperation and
   assistance in state management, training of human resources, sharing of
   environmental information and data, scientific research into and transfer
   of advanced technologies, nature and biodiversity conservation and other
   environmental protection activities; respond to environmental emergencies
   and environmental issues at national, regional, global and transnational
   levels.


3. Entities
   shall proactively comply with the requirements, conditions and
   international standards related to environment internationally recognized
   and widely applied to improve the competitiveness in international trade;
   prevent and minimize adverse impacts on the environment.


4. The
   Ministry of Natural Resources and Environment shall play the leading role
   in reviewing activities related to international integration and
   cooperation in environmental protection. Ministries, ministerial agencies
   and provincial People’s Committees shall organize international
   integration and cooperation in environmental protection within their scope
   of management.

Chapter
XIII – RESPONSIBILITIES OF VIETNAMESE FATHERLAND FRONT,
SOCIO-POLITICAL ORGANIZATIONS, SOCIO-POLITICAL-PROFESSIONAL ORGANIZATIONS,
SOCIO-PROFESSIONAL ORGANIZATIONS AND RESIDENTIAL COMMUNITIES FOR ENVIRONMENTAL
PROTECTION

Article 157. Responsibilities and entitlements of the Vietnamese
Fatherland Front

1. The
   Vietnamese Fatherland Front shall, within its jurisdiction, encourage its
   member organizations and the people to participate in environmental
   protection activities.


2. The
   Vietnamese Fatherland Front shall offer consultation and criticism about
   and supervise the implementation of policies and law on environmental
   protection as prescribed by law. Regulatory bodies at all levels shall
   enable the Vietnamese Fatherland Front to participate in environmental
   protection.

Article 158. Responsibilities and entitlements of
socio-political organizations, socio-political-professional organizations and
socio-professional organizations

1. Socio-political
   organizations, socio-political-professional organizations and
   socio-professional organizations have the responsibility to:

a/ comply with the law on environmental protection;

b/ engage in environmental protection activities.

2. Socio-political
   organizations, socio-political-professional organizations and
   socio-professional organizations are entitled to:

a/ be provided with and request information about environmental
protection as prescribed by law;

b/ provide counseling on investment projects related to their
functions, tasks and entitlements;

c/ offer consultation and criticism about environmental
protection to regulatory bodies and investment project/business owners
concerned as prescribed by law;

d/ participate in inspecting environmental protection by
investment projects, businesses, dedicated areas for production, business
operation and service provision and industrial clusters in relation to their
functions, tasks and entitlements;

dd/ request competent authorities to take actions against
violations of law on environmental protection.

3. Environmental
   protection authorities at all levels shall enable socio-political
   organizations, socio-political-professional organizations and
   socio-professional organizations to exercise the entitlements mentioned in
   Clause 2 of this Article.


4. The
   Government shall elaborate on Clause 3 of this Article.

Article 159. Entitlements and obligations of residential
communities

1. Representatives
   of residential communities in areas under environmental impacts made by
   investment projects, businesses, dedicated areas for production, business
   operation and service provision and industrial clusters are entitled to
   request investment project/business owners to provide information about
   environmental protection through face-to-face meetings or in writing;
   shall conduct fact-finding visits to collect information about
   environmental protection by investment projects, businesses and dedicated
   areas for production, business operation and service provision and
   industrial clusters; collect and provide information to competent
   authorities and take responsibility for the information provided.


2. Representatives
   of residential communities in areas under environmental impacts made by
   investment projects, businesses, dedicated areas for production, business
   operation and service provision and industrial clusters are entitled to
   request relevant regulatory bodies to provide results of inspection and
   handling of such investment projects, businesses, dedicated areas for
   production, business operation and service provision and industrial
   clusters, except for the case these results are classified as state
   secrets or enterprises’ secrets as prescribed by law.


3. Representatives
   of residential communities are entitled to participate in assessing
   results of environmental protection by investment projects, businesses,
   dedicated areas for production, business operation and service provision
   and industrial clusters; take measures to protect rights and interests of
   residential communities as prescribed by law.


4. Investment
   project/business owners shall comply with requests from representatives of
   residential communities as prescribed by law.


5. Environmental
   protection authorities at all levels shall establish an online system to
   receive, handle and respond to comments and feedback of entities and
   residential communities on environmental protection.

Chapter
XIV – INSPECTION, AUDITING, PENALTIES FOR VIOLATIONS,
ENVIRONMENTAL DISPUTES, COMPLAINTS AND DENUNCIATIONS

Article 160. Inspection of environmental inspection and
environmental auditing

1. Responsibility
   for organizing and directing inspection of environmental protection:

a/ The Minister of Natural Resources and Environment shall
organize the inspection of environmental protection nationwide;

b/ The Minister of National Defense shall organize the
inspection of environmental protection by investment projects and businesses classified
as state secrets in the field of national defense;

c/ The Minister of Public Security shall organize the inspection
of environmental protection by investment projects and businesses classified as
state secrets in the field of security; direct the Environmental Police to
inspect the implementation of the law on environmental protection;

d/ Presidents of Provincial People’s Committees shall organize
the inspection of environmental protection within their provinces; direct the
cooperation in inspecting environmental protection in the case specified in
Point a of this Clause or at the request of competent authorities;

dd/ Presidents of district-level People’s Committees shall
organize the inspection of environmental protection within their districts; direct
the cooperation in inspecting environmental protection in the case specified in
Point d of this Clause or at the request of competent authorities;

e/ Presidents of communal People’s Committees shall organize the
inspection of environmental protection by households, individuals and entities
required to carry out environmental registration within their communes; direct
the cooperation in inspecting environmental protection in the case specified in
Point dd of this Clause or at the request of competent authorities.

2. Specialized
   inspections of environmental protection shall be conducted in accordance
   with regulations of law on inspection and specific regulations on
   environmental protection. To be specific:

a/ Regular inspections shall be conducted on the basis of
functions and tasks of agencies assigned to conduct specialized inspection;

b/ Unscheduled inspections shall be conducted as prescribed if
any entity is suspected of violating the law on environmental protection; upon
request if it is necessary to handle complaints or denunciations or prevent and
control corruption or as assigned by the Minister of Natural Resources and
Environment or Presidents of provincial People’s Committees. Where necessary,
an unscheduled inspection shall not be announced in advance;

c/ Except for the unscheduled inspections prescribed by this
Law, the number of inspections of environmental protection shall not exceed
once a year for an organization or individual;

d/ During the inspection, environmental protection authorities
at all levels shall transfer the violation case to a competent authority for
investigation and penalty imposition as prescribed by law; cooperate with the
Environmental Police to inspect the compliance with the law on environmental
protection by entities upon request.

3. Inspection
   of compliance with the law on environmental protection means an inspection
   by a competent authority of entities, except for the case where the
   inspection is conducted to handle administrative procedures specified in
   this Law. To be specific:

a/ An unscheduled inspection without advance notice shall be
carried out if there are grounds for presuming that an entity is suspected of
violating the law on environmental protection or under decision of the Minister
of Natural Resources and Environment or President of provincial People’s
Committee.

b/ The Environmental Police shall conduct an inspection if an
entity is suspected of conducting an criminal activity or violating the law in
relation to environmental crimes; when there is a crime report or petition for
prosecution or report on a violation against the law in relation to
environmental crimes, and inform an environmental protection authority at the
same level for cooperation; cooperate in inspecting the compliance with the law
on environmental protection in other cases by entities according to the plan
approved by the Minister of Natural Resources and Environment or President of
the provincial People’s Committee.  On an annual basis, send a
notification of results of environmental protection inspection and imposition
of penalties for violations against the law on environmental protection to the
environmental protection authority at the same level.

4. The
   inspections of environmental protection shall not overlap and not affect
   production, business operation and service provision by entities; require
   the cooperation between environmental protection authorities,
   Environmental Police and other agencies concerned.


5. The
   State Audit Office of Vietnam shall carry out environmental auditing in
   accordance with the Law on State Audit Office of Vietnam and other
   relevant regulations of law.


6. The
   Government shall elaborate on Clauses 2, 3 and 4 of this Article.

Article 161. Imposition of penalties for violations

1. Any
   entity violating the law on environmental protection resulting in
   environmental pollution or degradation or environmental emergency or
   damage to the State shall remediate the pollution and environment, provide
   compensation for damage and incur penalties in accordance with regulations
   of this Law and other relevant regulations of law.


2. Any
   head of an agency, cadre, public official, public employee or personnel in
   charge of environmental protection that abuses his/her position and powers
   to harass organizations and individuals or to screen violators of the law
   on environmental protection or that causes environmental pollution or
   emergency as a result of his/her negligence shall incur disciplinary
   penalties, administrative penalties or criminal prosecution on a
   case-by-case basis and compensate for any damage he/she causes.

Article 162. Environmental disputes

1. Environmental
   disputes include:

a/ Disputes over rights and responsibilities for environmental
protection during exploitation and use of environmental components;

b/ Disputes over causes of environmental pollution,
environmental degradation and environmental emergencies;

c/ Disputes over responsibilities for environmental remediation
and compensation for environmental damage.

2. Environmental
   disputes shall be resolved in accordance with regulations of the civil
   law, regulations of this Law and other relevant regulations of law.
   Disputes over compensation for environmental damage shall be resolved as
   prescribed in Article 133 of this Law and other relevant regulations of
   law.


3. The
   time limit for filing an environmental lawsuit begins on the date on which
   the organization or individual suffering the damage entitled to request
   knows or should know the damage caused by the violation against the law on
   environmental protection committed by another organization or individual.


4. An
   environmental dispute that takes place within the territory of the
   Socialist Republic of Vietnam in which either or both of the parties are
   foreign organization(s) or individual(s) shall be settled in accordance
   with the law of the Socialist Republic of Vietnam unless otherwise
   prescribed by the international treaty to which the Socialist Republic of
   Vietnam is a signatory.

Article 163. Environmental complaints and denunciations

1. Organizations
   and individuals are entitled to file complaints about violations against
   the law on environmental protection committed by agencies, organizations
   and individuals in accordance with law.


2. Individuals
   are entitled to denounce violations against the law on environmental
   protection to competent authorities and persons as prescribed by the law
   on denunciation.

Chapter
XV – RESPONSIBILITY FOR STATE MANAGEMENT OF ENVIRONMENTAL
PROTECTION

Article 164. Contents of state management of environmental
protection

1. Promulgating
   and organizing the implementation of policies and laws; standards,
   technical regulations and technical guidance; strategies, planning and
   plans; programs, schemes and projects on environmental protection.


2. Appraising
   EIARs and approving EIAR appraisal results; issuing, renewing, adjusting,
   re-issuing and revoking environmental licenses; carrying out environmental
   registration; issuing, re-issuing and revoking environmental certificates.


3. Controlling
   sources of pollution; managing waste and environmental quality; improving
   and remediating environment; protecting environment at natural heritage
   sites, conserving nature and biodiversity; preventing and responding to
   environmental emergencies.


4. Building
   and managing environmental monitoring systems; organizing environmental
   monitoring.


5. Building
   and updating environmental information and reporting systems and database.


6. Building
   and operating systems for supervising and assessing activities aimed at
   climate change adaptation; systems for measuring, reporting and appraising
   reduction of GHG emissions.


7. Conducting
   GHG inventories; building and updating climate change, sea level rise and
   urban inundation scenarios and database; assessing national climate;
   providing guidelines for using climate change information and data and
   integrating contents of adaptation to climate change with strategies and
   planning.


8. Organizing
   development of the domestic carbon market; implementation of the credit
   exchange mechanisms and fulfillment of international commitments to GHG
   emissions reduction.


9. Carrying
   out inspections; handling complaints and denunciations; imposing penalties
   for violations against the law on environmental protection; assessing
   damage and claiming compensation for environmental damage.


10. Environmental
    communication and education, increasing awareness of environmental
    protection; provide professional training in environmental protection.


11. Scientific
    research into, development, application and transfer of environmental
    protection technologies, international integration and cooperation in
    environmental protection.


12. Providing
    state funding for performing environmental protection tasks within the
    current budget; statistically reporting, monitoring and publishing
    expenditures on environmental protection.

Article 165. Responsibility of the Government for state
management of environmental protection

1. Perform
   uniform state management of environmental protection nationwide;
   promulgate or propose the promulgation of legislative documents, mechanisms
   and policies on environmental protection.


2. Decide
   on policies on environmental protection, improvement and preservation;
   direct the remediation of environmental pollution and degradation and
   improvement of environmental quality in key areas; control of pollution
   and response to environmental emergencies; development of clean energy,
   sustainable production and consumption; development of environmental
   industry and services.


3. Consolidate
   environmental protection authorities to satisfy managerial requirements;
   assign authorities to perform state management of environmental
   protection; provide resources for environmental protection; direct
   research into and application of technological and scientific advances;
   boost international integration and cooperation in environmental
   protection.


4. Submit
   annual environmental protection reports to the National Assembly.

Article 166. Responsibility of the Ministry of Natural Resources
and Environment for state management of environmental protection

The Ministry of Natural Resources and Environment shall be
responsible to the Government for performing uniform state management of
environmental protection and has the responsibility to:

1. Preside
   over formulating, promulgate, propose the promulgation and organize the
   implementation of legislative documents on environmental protection;
   national environmental standards and technical regulations; strategies,
   planning and plans; programs, schemes and projects on environmental
   protection;


2. Comment
   on EIA contents; organize appraisal of EIARs; issue, renew, adjust,
   re-issue and revoke environmental licenses; issue, renew and re-issue
   environmental certificates within its power;


3. Direct,
   providing guidance on, inspect and organize the control of sources of
   pollution; management of waste and environmental quality; environmental
   improvement and remediation; protection of environment at natural heritage
   sites, nature and biodiversity conservation; environmental emergency
   prevention and response as prescribed by law;


4. Organize
   the establishment and management of the national environmental monitoring
   network; approve and organize the execution of environmental monitoring
   programs; provide information and warnings about environmental pollution
   as prescribed by law;


5. Organize
   the development of environmental protection contents to be included in
   regional planning; provide guidelines for developing environmental
   protection contents to be included in provincial planning and special
   administrative-economic unit planning;


6. Organize
   the statistical reporting, building, maintenance and operation of
   environmental information and reporting systems and database as prescribed
   by law;


7. Communicating
   and disseminating knowledge and law relating to environmental protection,
   increase awareness of environmental protection; provide professional
   training in environmental protection as prescribed by law;


8. Propose
   policies on environmental protection taxes and fees, issuance of green
   bonds and other economic instruments to mobilize and use resources for
   environmental protection as prescribed by law;


9. Organize
   the establishment and operation of the national system for supervising and
   assessing activities aimed at climate change adaptation; national system
   for measuring, reporting and appraising reduction of GHG emissions;


10. Conduct
    national GHG inventories; build and update the national climate change
    scenario and database; assessing national climate; provide guidelines for
    using climate change information and data and integrating contents of
    adaptation to climate change with strategies and planning;


11. Consolidate
    proposals for allocation of state budget estimates for environmental
    protection activities from Ministries, ministerial agencies and provincial
    People’s Committees and provide guidelines for implementing the law on
    state budget; provide guidelines for statistically reporting, monitoring
    and publishing expenditures on environmental protection;


12. Request
    the Government to grant approval for participation in international
    organizations and signature of international environmental treaties and
    agreements; international integration and cooperation in environmental in
    the fields under its management;


13. Carry
    out inspections of compliance with the law on environmental protection and
    assumption of responsibility for state management of environmental
    protection; handle environmental complaints and denunciations; assess
    damage and claim compensation for environmental damage; impose penalties
    for violations against the law on environmental protection;


14. Organize
    scientific researches into, development, application and transfer of
    environmental protection technologies as prescribed by law;


15. Cooperate
    with the Vietnamese Fatherland Front and central government authorities of
    socio-political organizations in organizing the implementation of the
    State’s policies and law on environmental protection and supervising
    environmental protection activities;


16. Perform
    other environmental protection tasks assigned by the Government and the
    Prime Minister.

Article 167. Responsibility of Ministries and ministerial
agencies for state management of environmental protection

1. The
   Ministry of National Defense shall organize the implementation of the law
   on environmental protection in the field of national defense; form and
   deploy forces and vehicles in response to environmental emergencies;
   participate in transboundary environmental monitoring and offshore water
   monitoring as prescribed by law.


2. The
   Ministry of Public Security shall organize the implementation of the law
   on environmental protection in activities of the People’s Public Security
   Force; direct and organize the prevention of crimes and violations against
   the law in relation to environmental crimes; maintain security, social
   order and safety in the field of environment as prescribed by law;
   mobilize resources for response to environmental emergencies as prescribed
   by law.


3. Ministries
   and ministerial agencies shall, within their jurisdiction, cooperate with
   the Ministry of Natural Resources and Environment in performing state
   management of environmental protection.


4. The
   Government shall elaborate on responsibilities of Ministries and
   ministerial agencies for performing state management of environmental
   protection as prescribed by this Law.

Article 168. Responsibility of People’s Committees at all levels
for state management of environmental protection

1. Provincial
   People’s Committees shall, within their jurisdiction, have the following
   responsibilities:

a/ Formulate, promulgate or request provincial People’s Councils
to promulgate and organize the implementation of legislative documents on
environmental protection; local standards and technical regulations on
environment; local strategies, planning and plans; programs, schemes and
projects on environmental protection; environmental protection contents in
provincial planning;

b/ Organize appraisal of EIARs and approve EIAR appraisal
results; issue, renew, adjust and re-issue environmental licenses within their
power;

c/ Direct, provide guidance on, inspect and organize the control
of sources of pollution and environmental emergencies prevention and control
within their provinces as prescribed by law; organize the management of waste
sources within their provinces as assigned; be responsible to the Government
for environmental pollution occurring within their provinces;

d/ Organize the monitoring, supervision, warning and management
of environmental quality, and waste management in their provinces within their
power and under the guidance of the Ministry of Natural Resources and
Environment; environmental improvement and remediation; protection of
environment at natural heritage sites, nature and biodiversity conservation;

dd/ Invest in building, managing and operating environmental
monitoring networks according to the comprehensive planning for national
environmental monitoring; formulate, approve and organize the execution of
local environmental monitoring programs; provide information and warnings about
environmental pollution as prescribed by law;

e/ Organize the investigation, statistical reporting and
updating of environmental information and reporting systems and database as
prescribed by law;

g/ Communicate and disseminate knowledge and law relating to
environmental protection; increase awareness of environmental protection;
provide professional training in environmental protection as prescribed by law;

h/ Carry out inspections of compliance with the law on
environmental protection and assumption of responsibility for state management
of environmental protection; handle environmental complaints and denunciations;
assess damage and claim compensation for environmental damage; impose penalties
for violations against the law on environmental protection as prescribed by law;

i/ Mobilize and use resources for environmental protection as
prescribed by law; request provincial People’s Councils to providing funding
for performance of environmental protection tasks within the current budget;
provide guidelines for, allocate and inspect the enactment of state budget
expenditures for local environmental protection activities;

k/ Organize research into and application of technological and
scientific advances; participate in international cooperation in environmental
protection as prescribed by law;

l/ Perform other environmental protection tasks assigned by the
Government and the Prime Minister.

2. District-level
   People’s Committees shall, within their jurisdiction, have the following
   responsibilities:

a/ Formulate, promulgate or request competent authorities to
promulgate legislative documents on environmental protection, local
environmental protection plans, programs, schemes and projects;

b/ Issue, renew, adjust, re-issue and revoke environmental
licenses within their power;

c/ Direct, provide guidance on, inspect and organize the control
of sources of pollution and environmental emergencies prevention and control
within their districts as prescribed by law; organize the management of waste
sources within their provinces as assigned; be responsible to the Government
for environmental pollution occurring within their districts;

d/ Organize the monitoring, supervision, warning and management
of environmental quality, and waste management in their provinces within their
power and under the guidance of the Ministry of Natural Resources and
Environment; environmental improvement and remediation; nature and biodiversity
conservation;

d/ Carry out inspections and impose penalties for violations
against the law on environmental protection within their power or transfer
violation cases to competent persons as prescribed by law; handle environmental
complaints, denunciations and propositions;

e/ Communicate and disseminate knowledge and law relating to
environmental protection; raise public awareness of environmental protection;

g/ Provide environmental information and carry out environmental
reporting as prescribed by law;

h/ Mobilize and use resources for environmental protection as
prescribed by law; request district-level People’s Councils or competent
authorities to provide funding for performing environmental protection tasks
within the current budget;

i/ Perform other environmental protection tasks assigned by
provincial People’s Committees.

3. Communal
   People’s Committees shall, within their jurisdiction, have the following
   responsibilities:

a/ Formulate, promulgate and organize the implementation of
legislative documents, regulations and conventions on environmental hygiene
maintenance and environmental protection; set up and organize the execution of
environmental protection projects and tasks;

b/ Direct, provide guidance on, inspect and organize the control
of sources of pollution; receipt of environmental registration forms; 
environmental emergencies prevention and control within their communes as
prescribed by law; organize the management of waste sources within their
communes as assigned; be responsible to district-level People’s Committees for
environmental pollution occurring within their communes;

c/ Organize the monitoring, supervision, warning and management
of environmental quality, and waste management in their communes within their
power or as assigned by district-level People’s Committees; environmental
improvement and remediation; nature and biodiversity conservation;

d/ Build and increase public awareness of environmental
protection; encourage the people to participate in maintaining environmental
hygiene and protecting the environment; instruct residential communities within
their communes to incorporate environmental protection contents into village
regulations and conventions and development of new rural areas and courteous
families;

dd/ Carry out inspections and impose penalties for violations
against the law on environmental protection within their power or transfer
violation cases to competent persons as prescribed by law; handle environmental
complaints, denunciations and propositions within their power;

e/ Mobilize and use resources for environmental protection as
prescribed by law;

g/ Organize the collection of environmental information and
carry out environmental reporting as prescribed by law;

h/ Perform other environmental protection tasks assigned by
district-level People’s Committees.

4. Responsibility
   of a local government in a special administrative-economic unit for
   environmental protection shall be defined by the National Assembly upon
   establishing such special administrative-economic unit, unless otherwise
   prescribed by the law on special administrative-economic units.

Chapter
XVI – IMPLEMENTATION CLAUSE

Article 169. Amendments to certain Laws relating to
environmental protection

1. Certain
   Articles of the Law on Water Resources No. 17/2012/QH13 amended by the Law
   No. 08/2017/QH14 and Law No. 35/2018/QH14 are amended as follows:

a/ Article 37 and Point d Clause 1 of Article 38 are annulled;

b/ Clause 1 of Article 73 is amended as follows:

“1. The Ministry of Natural Resources and Environment and
provincial People’s Committees shall issue, extend, adjust, suspend and revoke
water resource licenses.

The issuance of the environmental license covering the discharge
of wastewater to water sources shall comply with the law on environmental
protection.”.

2. Point
   d Clause 1 of Article 44 and Article 58 of the Law on Irrigation No.
   08/2017/QH14 amended by the Law No. 35/2018/QH14 and Law No. 59/2020/QH14
   are annulled.


3. Certain
   Articles of the Law on Public Investment No. 39/2019/QH14 amended by the
   Law No. 64/2020/QH14 are amended as follows:

a/ Point g Clause 2 of Article 30 is amended as follows:

“g) Preliminary analysis and assessment of social impacts;
preliminary assessment of environmental impacts (if any) as prescribed by the
law on environmental protection;”;

b/ Clause 6 of Article 31 is amended as follows:

“6. Preliminarily analyzing and assessing social impacts; preliminarily
assessing environmental impacts (if any) as prescribed by the law on
environmental protection; preliminarily determining investment efficiency in
socio-economic aspects;”.

4. Certain
   Points in Section IX – Fees pertaining to natural resources and environment
   in the Appendix 01 – List of fees and charges enclosed with the Law No.
   Fees and Charges No. 97/2015/QH13 amended by the Law No. 09/2017/QH14 and
   Law No. 23/2018/QH14 are annulled and amended as follows:

a/ Point 1.4 is amended as follows:

1.4

Fees for appraisal of environmental impact assessment reports

* Ministry of Finance with respect to the appraisal conducted by central government agencies; * Provincial People’s Councils with respect to the appraisal conducted by local agencies.

b/ Point 1.6 is added after Point 1.5 as follows:

1.6

Fees for appraising applications for issuance, re-issuance and adjustment of environmental licenses

* Ministry of Finance with respect to the appraisal conducted by central government agencies; * Provincial People’s Councils with respect to the appraisal conducted by local agencies.

c/ Points 5.4 and 6.3 and Subsection 9 are annulled.

Article 170. Effect

1. This
   Law comes into force from January 01, 2022, except for the case in Clause
   2 of this Article.


2. Clause
   3 Article 29 of this Law comes into force from February 01, 2021.


3. The
   Law on Environmental Protection No. 55/2014/QH13 amended by the Law No.
   35/2018/QH14, Law No. 39/2019/QH14 and Law No. 61/2020/QH14 shall cease to
   have effect from the effective date of this Law.

Article 171. Grandfather clauses

1. Sufficient
   and valid documents received by competent regulatory bodies to be
   processed according to administrative procedures concerning the
   environment before the effective date of this Law shall be processed in
   accordance with the law at the time of receipt, unless the organization or
   individual wishes to apply this Law.


2. The
   decisions to approve environmental impact assessment reports, preliminary
   environmental impact assessment reports, detailed environmental impact
   assessment reports, additional environmental impact assessment reports,
   re-prepared environmental impact assessment reports and detailed
   environmental protection projects, written confirmations of simple
   environmental protection projects, certificates of registration of
   satisfaction of environmental standards, environmental protection
   commitments and environmental protection plans which were promulgated by
   competent authorities before the effective date of this Law are equivalent
   to the decision to approve EIAR appraisal result upon considering issuing
   the environmental license.


3. The
   decisions to approve projects on deposit payment, environmental
   improvement and remediation; environmental improvement and remediation
   projects; environmental improvement and remediation schemes; additional
   environmental improvement and remediation schemes which were promulgated
   by competent authorities before the effective date of this Law are part of
   the approval decisions and written confirmations specified in Clause 2 of
   this Article with respect to mineral mining projects upon considering
   issuing the environmental license.


4. Environmental
   certificates and conformations which were promulgated by competent
   authorities before the effective date of this Law, except for the case in
   Point d Clause 2 Article 42 of this Law, may be used until their expiry.


5. Licenses
   to discharge wastewater into water sources and licenses to discharge
   wastewater into hydraulic structures issued in accordance with the Law on
   Water Resource and Law on Irrigation may be used until their expiry and
   constitute part of the environmental license specified in this Law.
   Holders of licenses to discharge wastewater into water sources and
   licenses to discharge wastewater into hydraulic structures are entitled to
   request a competent authority to issue the environmental license if their
   works and equipment for exhaust gas treatment and solid waste treatment
   have been completed as prescribed by this Law.


6. The
   Government shall elaborate this Article.

This Law is adopted by the 14th National Assembly of Socialist
Republic of Vietnam on this 17th of November 2020 during its 10th session.