Chương V Luật Bảo vệ môi trường 2005: Bảo vệ môi trường trong hoạt động sản xuất, kinh doanh, dịch vụ

Chapter V

ENVIRONMENTAL PROTECTION IN PRODUCTION, BUSINESS AND SERVICE ACTIVITIES

Article 35: Environmental Protection Responsibilities of Organizations and Individuals in Production, Business and Service Activities

1. To observe the provisions of the law on environmental protection.

2. To undertake measures for environmental protection prescribed in the approved environmental impact assessment reports and the registered environmental protection commitments, and to comply with the established environmental standards.

3. To prevent and restrict adverse impacts caused by their operations on the environment.

4. To remedy environmental pollution caused by their operations.

5. To propagandize, educate, and raise consciousness of, environmental protection among laborers working in their production, business and service units.

6. To comply with regimes of environmental performance reporting in accordance with the provisions of the law on environmental protection.

7. To comply with regimes of examination and inspection of environmental protection.

8. To pay environmental taxes and environmental protection fees.

Article 36: Environmental Protection in Centered Production, Business and Service Areas

1. Economic zones, industrial parks and clusters, export-processing zones, hi-tech parks, tourist centers and resorts (hereinafter called “Centered Production, Business and Service Areas”) must comply with the requirements for environmental protection, including:

a) Observing the approved development master planning;

b) Integrating the planning and arrangements of functional zones and types of operations with environmental protection;

c) Properly and adequately perform contents of the approved environmental impact assessment reports;

d) Providing with adequate facilities to collect and store general solid and hazardous wastes, and satisfying the requirements for receiving wastes that are segregated at source from the centered production, business and service areas;

e) Installing and routinely operating systems of centered wastewater collection and treatment, and of air emission treatment that meet the environmental standards;

f) Complying with the requirements for the protection of environmental landscapes and the health of communities and laborers;

g) Establishing environmental monitoring systems;

h) Establishing professional sections that are qualified to perform tasks of environmental protection.

2. Industrial parks and clusters, export-processing zones and hi-tech parks that are likely to cause adverse damages to the environment, must be located at an environmentally safe distance from local residential areas and nature reserves.

3. The implementation of production, business and service projects within the centered production, business and service areas shall be only allowed when the requirements stipulated in Paragraph 1 of this Article are complied with, examined and certified by the competent State agencies.

4. Specialized units of environmental protection within the centered production, business and service areas shall have the responsibility to perform the following tasks:

a) To examine and monitor the performance of environmental protection requirements by units and projects invested within the centered production, business and service areas;

b) To manage general solid and hazardous waste collection and storage systems; centered wastewater collection and treatment systems; and air emission treatment systems;

c) To organize environmental monitoring, assessment of the current state of the environment, synthesize and prepare environmental performance reports and regularly report to specialized agencies of environmental protection at provincial level;

d) To provide the management boards with consultations in the settlement of disputes relating to environmental issues between projects implemented within the centered production, business and service areas.

5. Provincial level People’s Committees shall, in collaboration with relevant ministries, ministerial level agencies and Government bodies, have the responsibility to direct and organize the performance of environmental protection in the centered production, business and service areas within the territory under their management.

Article 37: Environmental Protection by Production, Business and Service Units

1. Production, business and service units must comply with the following requirements for environmental protection:

a) To construct wastewater collection and treatment infrastructures in compliance with the environmental standards.

In case the transfer of wastewater effluents to centered wastewater treatment systems is required, regulations stipulated by the management organizations of the centered wastewater treatment systems must be observed;

b) To provide adequate facilities and equipment for collecting and storing solid wastes and put

in place solid waste segregation at source;

c) To develop and take measures for reducing and treating dusts and air emissions to meet the environmental standards before releasing into the environment; ensure the avoidance of any leakage and/or dispersion of toxic gases and emissions into the environment; restrict the generation of noise, lighting and heat causing adverse effects on ambient environments and laborers;

d) To provide adequate resources and equipment for ensuring environmental incident prevention and response, especially in those production units that consume chemicals and radioactive, flammable and explosive substances;

2. Production units and/or storehouses that fall into the following categories must not be located within residential areas, or must be located at an environmentally safe distance from residential areas:

a) Use of flammable and explosive substances;

b) Use of substances that generate high levels of radioactivity and radiation;

c) Use of toxic substances that may harm the health of human beings, animals and poultries;

d) Release of odors that cause adverse effects on human health;

e) Potentially serious pollution that may be caused to water resources;

f) Generation of noise, dusts and air emissions at levels exceeding the permissible standards.

Article 38: Environmental Protection in Craft Villages

9. The planning, construction, improvement and development of craft villages must be integrated with environmental protection;

The State shall encourage the development of craft village industrial areas and clusters that share environmental protection infrastructure systems;

10. Provincial level People’s Committees shall have the responsibility to direct and organize the inventory and assessment of pollution levels at craft villages within the territory, and develop plans to address environmental pollution at craft villages by taking measures as follows:

a) To improve, upgrade or newly construct centered wastewater collection and treatment systems;

b) To construct general solid and hazardous waste storages, and provide equipment for satisfying the requirements for waste collection, and which are appropriate to the segregation of wastes at source to facilitate the centered waste treatment;

c) To make planning of craft village industrial areas and clusters in order to relocate those production units that seriously pollute the environment from residential areas;

d) To propagandize and disseminate information about new and less polluting technologies among the people for their knowledge and adoption.

11. Production units that operate within craft village industrial areas and clusters, must comply with the following requirements for environmental protection:

a) Wastewater effluents must be collected and transferred to centered wastewater treatment systems; in case that the centered wastewater treatment system is not available, measures of wastewater treatment to meet the environmental standards must be undertaken before discharging;

b) Solid wastes must be segregated at source and transported to storages of solid wastes according to the regulations on waste management; in case that solid wastes contain hazardous substances, the solid wastes must be segregated, collected, stored and treated in accordance with the regulations on hazardous waste management;

c) Financial contributions must be made to constructing environmental protection infrastructures and, environmental protection fees must be fully paid according to the provisions of the law.

Article 39: Environmental Protection in Hospitals and Other Medical Units

1. Hospitals and other medical units must comply with the following requirements for environmental protection:

a) Having medical wastewater effluent collection and treatment systems installed or measures taken, and routinely operated to meet the environmental standards;

b) Providing specialized equipment to segregate pathological and medical wastes at source;

c) Undertaking measures to treat and dispose of pathological and medical wastes and expired medicines to ensure sanitation and the compliance with the environmental standards;

d) Having plans drawn up, and facilities and equipment provided to prevent and respond to any of environmental incidents caused by medical wastes;

e) Solid wastes and domestic wastewater discharged from patients must be pre-treated to eliminate germs that are potentially contagious prior to the transfer to centered treatment and disposal facilities;

2. Hospitals and other medical units engaged in the treatment of communicable diseases must undertake measures to isolate their treatment activities from residential areas and water resources.

New hospitals and other medical units engaged in the treatment of communicable diseases must not be constructed within residential areas;

3. X-ray establishments and radioactive substance based medical tool kits and equipment must comply with the requirements for nuclear safety and radiation safety as stipulated in Article 89 of this Law and the law on nuclear safety and radiation safety.

4. Workers in hospitals and other medical units engaged in activities related to medical wastes must be provided with protective clothes and safety equipment to protect them from the infection of epidemic diseases from medical wastes.

5. The Ministry of Health shall, in collaboration with relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing and organizing the inventory of waste discharge sources and the assessment of pollution levels in hospitals and other medical units; and working out measures to tackle pollution, and guiding and inspecting the performance of the law on environmental protection by hospitals and other medical units.

Article 40: Environmental Protection in Construction Activities

1. The planning of construction must comply with the standards and requirements for environmental protection.

2. The construction of works must comply with the following requirements for environmental protection:

(a) Works constructed within residential areas must take measures to ensure the avoidance of generating dusts, noise, vibration and light at levels exceeding the permissible standards;

(b) The transport of building materials must be performed by technically proper means to avoid spillage, leakage and environmental pollution;

(c) Liquid and solid wastes and other wastes under all categories must be collected and treated to meet the environmental standards.

3. People’s Committees at all levels and public order management units may undertake measures to deal with owners of works and means of transport that infringe the regulations on environmental protection.

Article 41: Environmental Protection in Transport Activities

1. The planning of transport must comply with the standards and requirements for environmental protection.

2. Motor vehicles, motorbikes and other motor means of transport that are domestically manufactured, assembled or imported, must comply with the standards on vehicle emissions and noise levels, and must be inspected and certified by the registry offices to meet the environmental standards before operation.

The Ministry of Transport shall, in collaboration with the Ministry of Natural Resources and the Environment, be primarily responsible for guiding the inspection and certification of the compliance with the environmental standards for motor vehicles, motorbikes and other motor means of transport.

3. Those motor vehicles that are granted environmental standard certificates by the Ministry of Transport shall be allowed to operate.

4. Means of transport that transport raw materials, materials and wastes must be provided with coverings and containers in order to ensure the avoidance of spillage and leakage causing environmental pollution during the transport.

5. The transport of goods and materials that are likely to impose risks of environmental incidents, must comply with the following requirements:

(a) Use of specialized equipment and means of transport to ensure the avoidance of spillage, leakage and release into the environment;

(b) Having the transport license granted by the competent State management agencies;

(c) Complying with the assigned routes and schedules specified in the permits.

6. The State shall encourage owners of means of transport engaged in the transport of goods that may impose risks of environmental incidents, to insure against the liability of compensation for environmental damages.

Article 42: Environmental Protection in Importation and Transit of Goods

1. Machinery, equipment, means, raw materials, fuels, chemicals and goods that are imported must comply with the environmental standards.

2. The following machinery, equipment, means, raw materials, fuels, chemicals and goods must be prohibited from the import:

(a) Machinery, equipment and means that fail to comply with the environmental standards;

(b) Used machinery, equipment and means of transport for the purpose of disassembly;

(c) Raw materials, fuels, materials, chemicals and goods that fall under the list of items banned from the import;

(d) Machinery, equipment and means contaminated with radioactive substances, pathological microbes and other toxins that are not yet cleansed or unable to be cleaned up;

(e) Foods, medicines, pesticides and veterinary medicines that expire or fail to comply with the standards on food quality, hygiene and safety.

3. Machinery, equipment, means, raw materials, fuels, chemicals and goods falling under the categories specified in Paragraph 2 of this Article that are once imported, must be re-exported, disposed of, or destroyed by their owners in accordance with the provisions of the law on waste management; in case of causing serious consequences to the environment, the owners shall be dealt with administratively or be criminally prosecuted, depending on the nature and extent of the infringement; in case of causing damages to the environment, the owners must compensate for the damages in accordance with regulations by the law.

4. Goods, equipment and means that are likely to cause environmental pollution, degradation and incidents in transit through the territory of Viet Nam, shall be subject to environmental permission and examination by the State management agencies of environmental protection.

5 The Ministry of Trade shall, in collaboration with the Ministry of Natural Resources and the Environment, the Ministry of Finance, relevant ministries, ministerial level agencies and Government bodies, shall be primarily responsible for guiding the compliance with the environmental protection requirements in the importation and transit of goods.

Article 43: Environmental Protection in Importation of Scrap Materials

1. Scrap materials to be imported must comply with the following requirements for environmental protection:

(a) Having been segregated, cleansed and unmixed with materials, products and goods that are banned from the import in accordance with the provisions of the law of Viet Nam or international treaties to which the Socialist Republic of Viet Nam is a Contracting Party;

(b) Without containing hazardous wastes and impurities, except non-hazardous impurities mixed during loading, unloading and transport operations;

(c) Falling under the list of scrap material categories that are permitted for import established by the Ministry of Natural Resources and the Environment.

2. Organizations and individuals directly engaged in the use of scrap materials as input materials to their production and recycling processes, shall be eligible to import scrap materials if the following terms and conditions are satisfied:

(a) Having storehouses and yards separate for the storage of scrap materials to ensure conditions for environmental protection;

(b) Having adequate capacity of treating impurities mixed with scrap materials;

(c) Having technologies adopted and equipment provided for recycling and reusing scrap materials to meet the environmental standards.

3. Organizations and individuals engaged in the import of scrap materials shall have the responsibility to:

(a) Comply with the regulations by the law on environmental protection and other provisions of the relevant law;

(b) Notify, in writing, the State management agencies of environmental protection at provincial level where their production units, storehouses or yards of imported scrap materials are located, within at least five (5) days before the date of loading or unloading scrap materials, of categories, quantities and weights of imported scrap materials, border gates, transport routes, storehouses and yards for storing scrap materials and places where scrap materials are fed to production;

(c) Implement the treatment of impurities mixed with scrap materials; and handing over or sale of impurities are prohibited.

4. Provincial level People’s Committees shall have the responsibility to:

(a) Inspect, detect, prevent and deal with acts of violation against the law relating to imported scrap materials;

(b) Annually report to the Ministry of Natural Resources and the Environment on the situation of the import and use of scrap materials and imported scrap materials related environmental issues in their localities.

5. The import of scrap materials is a conditional form of business. The Ministry of Trade shall, in collaboration with the Ministry of Natural Resources and the Environment, be primarily responsible for imposing criteria and conditions on the business of organizations and individuals engaged in the import of scrap materials.

Article 44: Environmental Protection in Mineral Activities

1. Organizations and individuals engaged in mineral resources prospecting and exploitation and mineral processing, must take measures to prevent and respond to environmental incidents, and comply with the following requirements for environmental protection and rehabilitation:

(a) Collecting and treating wastewater to meet the environmental standards;

(b) Collecting and treating solid wastes in accordance with the regulations on general solid waste management; In case solid wastes contain hazardous factors, the management of solid wastes must be performed in accordance with the regulations on hazardous waste management;

(c) Taking measures to prevent and mitigate the release of dusts and toxic gases into the environment;

(d) Rehabilitating the environment upon the completion of mineral resource prospecting and exploitation and mineral processing activities.

2. Minerals must be stored and transported with specialized equipment and adequately covered to avoid their leakages and spillage into the environment.

3. The operation of machinery and equipment and the use of toxic chemicals in mineral prospecting, exploration, exploitation and processing shall be subject to the technical certification, inspection and monitoring by the State management agencies of environmental protection.

4. The exploration, prospecting, exploitation, transport and processing of oil, gas and other minerals containing radioactive elements and toxic substances, must comply with the regulations on chemical safety, nuclear safety and radiation safety, and the other regulations on environmental protection.

5. The Ministry of Industry shall, in collaboration with relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing the inventory of waste discharge sources and the assessment of environmental pollution levels caused by mineral exploitation and processing units; and organizing the inspection of the compliance with the law on environmental protection by these units.

Article 45: Environmental Protection in Tourism Activities

1. Organizations and individuals engaged in the management and operation of tourist centers and destinations must take measures to protect the environment as follows:

(a) Posting up rules of environmental protection at tourist centers and destinations and guiding the enforcement of the rules;

(b) Installing and arranging soundly and adequately sanitary facilities and waste collection bins;

(c) Providing human resources for keeping sanitary conditions.

2. Tourists shall have the responsibility to:

(a) Comply with the rules and instructions on environmental protection set forth by tourist centers and destinations;

(b) Discard wastes into the established waste collection bins;

(c) Keep sanitary conditions in tourist sites;

(d) Not to intrude into landscapes, nature reserves, natural heritage and species of organisms at tourist centers and destinations.

3. The State management agencies of tourism at central level shall, in collaboration with relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing, guiding and monitoring the performance of environmental protection in tourism activities in accordance with the provisions of this Law and the other regulations of the relevant law.

Article 46: Environmental Protection in Agricultural Production

1. Organizations and individuals engaged in the production, import and trade of fertilizers, pesticides, and veterinary medicines, must comply with the provisions of the law on environmental protection and other regulations of the relevant law.

2. The trade in, and use of, varieties of pesticides and veterinary medicines that expire and are not included in the established lists must be prohibited.

3. Expired veterinary medicines and chemicals used in aquaculture; empty packages and containers of fertilizers, pesticides and veterinary medicines must be treated upon use in accordance with the regulations on waste management.

4. Centered animal rearing areas must comply with the following requirements for environmental protection:

(a) Ensuring environmental sanitation for residential areas;

(b) Having wastewater collection and treatment systems installed to meet the environmental standards;

(c) Livestock solid wastes must be managed in accordance with the regulations of waste management to avoid the release of wastes into the environment;

(d) Stables and farms must be periodically sanitized; and ensuring the prevention of, and preparedness to epidemic diseases;

(e) Carcasses of animals killed by epidemics must be managed in accordance with the regulations on hazardous waste management and hygiene and disease prevention;

5. The Ministry of Agriculture and Rural Development shall, in collaboration with the Ministry of Natural Resources and the Environment and provincial level People’s Committees, be primarily responsible for directing and organizing the guidance and inspection of the compliance with the law on environmental protection in agricultural production activities.

Article 47: Environmental Protection in Aquaculture

1. Organizations and individuals engaged in the production and import and trade of, veterinary medicines and chemicals in aquaculture must comply with the provisions of the law on environmental protection and the other regulations of the relevant law.

2. The use of veterinary medicines and chemicals that expire and are not included in the established lists in aquaculture must be prohibited.

3. Veterinary medicines and chemicals that expire for use in aquaculture; empty packages and containers of veterinary medicines and chemicals for aquaculture; sludge and feed residues must be collected during cleaning up aquacultural ponds, and treated in accordance with the regulations on waste management.

4. Centered aquacultural areas must be consistent with the local planning and comply with the following requirements for environmental protection:

(a) Wastes must be collected and treated to meet the waste standards;

(b) Environmental rehabilitation must be performed upon the termination of aquacultural activities;

(c) Sanitary conditions and epidemic disease prevention in aquaculture must be ensured; and the use of chemicals that are toxic or toxically accumulative must be prohibited.

5. Centered aquacultural farms must not be constructed on alluvial plains that are being developed into coastal estuaries; and the destruction of mangrove forests for agriculture must be prohibited.

6. The Ministry of Fisheries shall, in collaboration with the Ministry of Natural Resources and the Environment and provincial level People’s Committees, be primarily responsible for directing and organizing the guidance and inspection of the compliance with the law on environmental protection in aquacultural activities.

Article 48: Environmental Protection in Burial Services

1. Burial grounds must comply with the following requirements:

(a) Being located in places and at a distance to satisfy the terms and conditions of environmental sanitation and landscapes in residential areas;

(b) Without causing pollution to water resources for domestic and production consumptions;

2. The resting, embalming, movement and burial of the deceased and remains must comply with the requirements for environmental sanitation.

3. The burial of the deceased due to dangerous diseases must comply with the regulations of the Ministry of Health.

4. The State shall encourage residential communities and the people to exercise the burial of the deceased within cemeteries and burial grounds in accordance with the local planning; the sanitary cremation of the deceased and the elimination of backward customs and habits in burial practice that pollute the environment;

5. Organizations and individuals engaged in the provision of burial services must comply with the provisions of the law on environmental protection and the law on hygiene and epidemic prevention.

6. The Ministry of Health shall, in collaboration with relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing and guiding the performance of environmental protection in burial activities as stipulated in this Article.

Article 49: Dealing with Production, Business and Service Units that Pollute the Environment

1. Sanctions imposed against organizations and individuals engaged in production, business and service activities that pollute the environment shall be specified as follows:

(a) Fines and enforced application of measures of waste reduction and treatment to meet the environmental standards;

(b) Temporary suspension of operation until necessary measures are taken for environmental protection;

(c) Other sanctions shall be imposed in accordance with the provisions of the law on dealing with administrative infringements;

(d) In case of causing damages to human life and health, properties and legitimate interests of organizations and individuals as the result of environmental pollution, compensation must be paid to the damages in accordance with the provisions of Section 2, Chapter XIX of this Law or criminal prosecution must be imposed;

2. Organizations and individuals engaged in production, business and service activities that seriously pollute the environment, shall, in addition to sanctions stipulated in Paragraph 1 of this Article, be dealt with one of the following sanctions:

(a) To be enforced to take measures to remedy environmental pollution and rehabilitate the environment in accordance with the provisions of Article 93 of this Law;

c) To be enforced to relocate their establishments to areas that are distant from residential areas and appropriate to the carrying capacity of local environments;

(b) To be prohibited from operation

3. Responsibilities for, and the competence to decide on, dealing with establishments that pollute and seriously pollute the environment, shall be specified as follows:

(a) Specialized agencies of environmental protection at provincial level shall have the responsibility to detect and annually make a list of establishments that pollute and seriously pollute the environment in their localities, and report to the People’s Committees of the same level, the Ministry of Natural Resources and the Environment, relevant ministries, ministerial level agencies and Government bodies;

(b) Provincial level People’s Committees shall decide on dealing with establishments that pollute the environment in their localities according to their competence and decentralization stipulated by the Prime Minister of the Government;

(c) Ministers and Heads of ministerial level agencies and Government bodies shall, in collaboration with relevant provincial level People’s Committees, have the responsibility to decide the list, direct and organize the enforcement of establishments that pollute the environment according the competence of their management;

(d) The Ministry of Natural Resources and the Environment shall, in collaboration with relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for submitting to the Prime Minister of the Government lists of establishments that seriously pollute the environment, and the dealing with those establishments that seriously pollute the environment at levels of severity beyond the competence or capacity to deal with by ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, for decision.

4. Ministers and Heads of ministerial level agencies and Government bodies shall, within the extent of their tasks and powers, have the responsibility to deal with establishments that pollute the environment in accordance with the provisions of Paragraphs 1 and 2 of this Article.

5. Decisions on dealing with establishments that pollute and seriously pollute the environment must be notified to the People’s Committees at district and communal levels where the establishments are located, and publicized for surveillance and inspection by the local people.

6. The Ministry of Natural Resources and the Environment shall provide specific guidance for examining and inspecting the enforcement of establishments that pollute the environment.

7. The State shall encourage all organizations and individuals to develop technologies of environmental pollution treatment; provide supports from the state budget, land funds, preferential credits and other resources for enforcing establishments that pollute the environment.