Chương VI Luật Bảo vệ môi trường 2005: Bảo vệ môi trường đô thị, khu dân cư

Chapter VI

ENVIRONMENTAL PROTECTION IN URBAN AND RESIDENTIAL AREAS

Article 50: Planning of Environmental Protection in Urban and Residential Areas

1. The planning of environmental protection in urban centers and residential areas must constitute an integral content of urban and residential area planning.

2. Contents of environmental protection planning of urban centers and residential areas include the planning of land use for constructing the following infrastructures and systems of environmental protection:

(a) Systems of centered wastewater collection and treatment facilities; systems of storm water drainage; and systems of solid waste collection, storage, treatment and recycling facilities;

(b) Systems of water supply for domestic and production consumptions;

(c) Systems of parks, resorts, recreation and entertainment places and public sanitary facilities;

(d) Systems of trees and water bodies;

(e) Burial grounds.

3. The construction of new production and business units that potentially impose significant risks of environmental pollution and incidents within urban centers and residential areas must be prohibited.

4. Provincial and district level People’s Committees shall have the responsibility to develop and approve environmental protection planning in accordance with the provisions of the law on the construction for urban center and residential planning.

Article 51: Environmental Protection Requirements for Urban Centers and Centered Residential Areas

1. Urban centers must comply with the following requirements for environmental protection:

(a) Having environmental protection infrastructures developed to be consistent with the planning of urban centers and centered residential areas approved by the competent State agencies;

(b) Having facilities and equipment provided for domestic solid waste collection and storage to be appropriate to waste volumes and categories, and with adequate capacity to receive at source-segregated wastes from households within residential areas;

(c) Ensuring the compliance with the requirements for urban landscapes and environmental sanitation.

2. Centered residential areas must comply with the following requirements for environmental protection:

(a) Having storm water and wastewater drainage systems constructed to be consistent with the planning of environmental protection in residential areas;

(b) Having sites established for storing domestic solid wastes to ensure environmental sanitation;

3. The transfer and use of newly constructed residential areas and apartments shall be only permitted if their investors comply with the requirements for environmental protection stipulated in Paragraph 1 of this Article.

Article 52: Environmental Protection in Public Places

1. Organizations, residential communities, households and individuals shall have the responsibility to comply with the regulations on environmental protection and sanitation in public places; discard garbage into public bins and at the established sites; and keep animals from causing unsanitary conditions in public places.

2. Organizations, individuals and residential communities engaged in the management of parks, resorts, recreation and entertainment places, tourist centers, markets, railway stations, bus stations, seaports, ferry harbors and other places, shall be responsible for:

(a) Posting up regulations on sanitation at public places;

(b) Providing adequately public sanitary works; waste collection facilities and equipment to comply with the requirements for environmental sanitation;

(c) Providing human resources adequately for waste collection and environmental sanitation at places under their management;

3. Acts of violation against the law on environmental protection and rules on environmental sanitation at public places, shall be dealt with the following sanctions:

(a) Fines;

(b) Enforced labor of environmental sanitation at public places for a definite period;

(c) Temporary seizure of facilities associated with acts of causing environmental pollution.

4. People’s Committees at all levels, police force and public order management units shall, within the extent of their duties and powers, have the responsibility to deal with acts of violation against environmental protection at public places in accordance with the provisions of the law on environmental protection and the other provisions of the relevant law.

Article 53: Environmental Protection Requirements for Households

1. Households shall have the responsibility to comply with environmental protection regulations as follows:

(a) Collecting and transporting domestic wastes to storage sites established by the local environmental sanitation organizations; discharging wastewater into local wastewater collection networks;

(b) Avoiding the release of air emissions and generation of noise and other agents at levels exceeding the environmental standards and affecting the health and life of local residential communities;

(c) Paying environmental protection fees of all types fully and timely in accordance with the regulations of the law;

(d) Participating in environmental sanitation of quarters, village roads, alleys and local public places, and in self-governing environmental protection activities implemented by local residential communities;

(e) Having sanitary facilities, animal and poultry rearing stables and farms installed to ensure human hygiene and safety in their living areas;

(f) Complying with environmental protection regulations set forth in the village rules and environmental protection commitments.

2. The best practice of obeying the requirements for environmental protection shall become one of the cultured family criteria;

Article 54: Self- Governing Organizations of Environmental Protection

1. The State shall encourage residential communities to establish self-governing organizations of environmental protection at local level where they live with the goal of performing the following tasks:

(a) Examining and urging households and individuals in the compliance with environmental sanitation and protection regulations;

(b) Organizing garbage and waste collection, storage and treatment;

(c) Keeping village roads, alleys, quarters and public places sanitary;

(d) Formulating and organizing the implementation of village rules on environmental protection; and propagandizing and motivating the local people to eliminate backward customs and habits and unhygienic practices that harm the environment;

(e) Participating in the surveillance of the compliance with the law on environmental protection by production, business and service units operating in localities.

2. Self-governing organizations of environmental protection shall be established and operate in voluntary and joint-responsibility principles and in accordance with the provisions of the law;

3. Communal-level People’s Committees shall have the responsibility to stipulate operational conditions, and facilitate the effective operation, of the self-governing organizations of environmental protection.