Chương XIII Luật Bảo vệ môi trường 2005: Trách nhiệm của cơ quan quản lý nhà nước, mặt trận tổ quốc Việt Nam và các tổ chức thành viên về bảo vệ môi trường

Chapter XIII

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES, FATHERLAND FRONT AND ITS MEMBER ORGANISATIONS FOR ENVIRONMENTAL PROTECTION

Article 121: Responsibilities of State Management of Environmental Protection of the Government, Ministries, Ministerial Level Agencies and Government Bodies

1. The Government shall exercise the unified state management of environmental protection across the country;

2. The Ministry of Natural Resources and the Environment shall be responsible to the Government for performing the state management of environmental protection, and shall have the following responsibilities:

(a) To submit to the Government or promulgate, within its competence, statutory documents on environmental protection;

(b) To submit to the Government for decision on national policies, strategies and plans for environmental protection;

(c) To have the primary responsibility to address or propose the Government and the Prime Minister of the Government for addressing inter-sector and inter-provincial environmental issues;

(d) To develop and issue a system of environmental standards in accordance with the provisions of the Government;

(e) To direct the establishment and management of the national environmental monitoring system and exercise the unified management of environmental data;

(f) To direct and organize the assessment of the state of the environment nationwide for developing policies on, and solutions to environmental protection;

(g) To exercise the unified management of activities relating to the review and approval of strategic environment assessment and environmental impact assessment reports and environmental protection commitments throughout the country; organize the review of strategic environment assessment reports, and the review and approval of environmental impact assessment reports within the extent of the competence; and provide guidance for the registration of environmentally friendly units and products, and certify the compliance with environmental standards;

(h) To guide, examine, inspect and deal with infringements of the law on environmental protection; settle conflicts, complaints, denunciationsand recommendations relating to environmental protection in accordance with the provisions of the law on complaints and denunciations, and the other provisions of the relevant law;

(i) To submit to the Government proposals on the participation in international organizations, the signature of, or accession to international environment treaties; and have the primary responsibility for international cooperation activities in the field of environmental protection;

(j) To guide and inspect the compliance with the law on environmental protection by People’s Committees at all levels;

(k) To ensure the compliance with environmental protection requirements prescribed in national land use planning and plans, national strategy for water resources and integrated inter-provincial river basin planning; and national overall strategy for mineral resources baseline survey, prospecting, exploitation and processing.

3. The Ministry of Planning and Investment shall, in collaboration with ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for ensuring the compliance with environmental protection requirements prescribed in socio-economic development strategies, master planning and plans of the whole country, regions, projects and other important projects that are subject to the competence of decision of the National Assembly, the Government and the Prime Minister of the Government.

4. The Ministry of Agriculture and Rural Development shall, in collaboration with the Ministry of Natural Resources and the Environment, relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing, guiding and inspecting the compliance with the law on environmental protection and the other provisions of the law relating to the production, import and use of chemicals, pesticides, fertilizers, and agricultural wastes; the management of genetic modified crops and animals and their products; and the management of dykes, irrigation works, protected forests and rural clean drinking water supplies.

5. The Ministry of Industry shall, in collaboration with the Ministry of Natural Resources and the Environment, relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing, guiding and inspecting the compliance with the law on environmental protection and the other provisions of the law relating to the field of industry; dealing with industries that seriously pollute the environment within the competence of management; and directing the development of environmental industry.

6. The Ministry of Fisheries shall, in collaboration with the Ministry of Natural Resources and the Environment, relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing, guiding and inspecting the compliance with the law on environmental protection and the other provisions of the law relating to the fields of aquaculture and fishery exploitation and processing; the management of genetic modified aqua-organisms and their products; and the management of marine parks;

7. The Ministry of Construction shall, in collaboration with the Ministry of Natural Resources and the Environment, relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing, guiding and inspecting the compliance with the law on environmental protection and the other provisions of the law relating to the construction of water supply, drainage, solid and  iquid waste treatment infrastructures in urban centers, centered production and service areas, building material production areas, craft villages and centered rural residential areas.

8. The Ministry of Transport shall, in collaboration with the Ministry of Natural Resources and the Environment, relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, be primarily responsible for directing, guiding and inspecting the compliance with the law on environmental protection and the other provisions of the law relating to the construction of transport infrastructures and the management of transport activities.

9. The Ministry of Health shall be responsible for directing, guiding and inspecting the management of medical wastes; and the performance of environmental protection in medical establishments, food hygiene and safety and activities relating to burial services.

10.The Ministry of National Defense and the Ministry of Public Security shall have the responsibility to mobilize forces in the response to, and remedy of environmental incidents; to direct, guide, examine and inspect the performance of environmental protection by armed forces within the competence of management.

11. Other ministries, ministerial level agencies and Government bodies shall be responsible for implementing the duties set forth in this Law, and shall, in collaboration with the Ministry of Natural Resources and the Environment, direct, guide and inspect the compliance with the law on environmental protection within the competence of management.

Article 122: Responsibilities of State Management of Environmental Protection of People’s Committees at All Levels

1. Provincial level People’s Committees shall have the responsibility to exercise the State management of environmental protection at provincial level in accordance with the following provisions:

(a) To promulgate environmental protection regulations, mechanisms, policies, programmes and plans according to their competence;

(b) To direct and organize the implementation of environmental protection strategies, programmes, plans and tasks;

(c) To direct the establishment and management of local environmental monitoring systems;

(d) To direct and periodically organize the state of the environment assessments;

(e) To organize the review and approval of environmental impact assessment reports according to their competence;

(f) To raise awareness of and educate the law on environmental protection;

(g) To direct the examination, inspection and dealing with violations against the law on environmental protection; settle environmental disputes, complaints, denunciations and recommendations in accordance with the provisions of the law on complaints and denunciations and the other provisions of the relevant law; and coordinate with other concerned provincial People’số Committees in addressing inter-provincial environmental issues.

2. District level People’s Committees shall have the responsibility to exercise the State management of environmental protection at district level in accordance with the following provisions:

(a) To promulgate, within their competence, environmental protection regulations, mechanisms, policies, programmes and plans;

(b) To direct and organize the implementation of environmental protection strategies, programmes, plans and tasks;

(c) To organize the registration, and examine the fulfillment of environmental protection commitments;

(d) To raise awareness of, and educate the law on environmental protection;

(e) To direct the examination, inspection and dealing with violations against the law on environmental protection; settle environmental protection disputes, complaints, denunciations and recommendations in accordance with the provisions of the law on complaints and denunciations and the other provisions of the relevant law;

(f) To collaborate with other concerned district People’s Committees in addressing inter- district environmental issues;

(g) To perform tasks of the state management of environmental protection authorized by provincial level State management agencies of environmental protection;

e) To direct the State management of environmental protection performed by communal level People’s Committees;

3. Communal level People’s Committees shall have the responsibility to exercise the State management of environmental protection at local level in accordance with the following provisions:

(a) To direct the formulation and implementation of plans of environmental protection and sanitation in localities and residential areas under their jurisdictions; organize, and mobilize the local people to participate in, the formulation of environmental protection contents included into the village rules of local residential communities; and guide the integration of environmental protection criteria with the evaluation of cultured villages, hamlets and families;

(b) To examine the compliance with the law on environmental protection performed by households;

(c) To detect and deal with infringements of environmental protection according to their competence, or report to the direct superior State management agencies of environmental protection;

(d) To reconcile environmental disputes arising in their localities in accordance with the provisions of the law;

(e) To manage local environmental sanitation and protection activities performed by hamlets, villages, quarters and self-governing organizations.

Article 123: Specialized Agencies and Officials in Charge of Environmental Protection

1. Ministries, ministerial level agencies and Government bodies must establish specialized units of environmental protection in accordance with the environmental protection tasks assigned to sectors and areas under their management;

2. Provinces and cities directly under the Central Government, urban and rural districts, provincial capitals and towns must establish their specialized sections of environmental protection that assist the People’s Committees of the same level in local environmental management.

3. Communal level People’s Committees shall arrange for staffs to be in charge of environmental protection.

4. The State owned corporations, economic groups, management boards of industrial estates, export and processing zones, hi-tech parks, economic zones and units of production, business and services that generate hazardous wastes or potentially impose risks of environmental incidents, must establish specialized units, or arrange for staffs to be in charge of environmental protection.

5. The Government shall regulate the organizational structure and operation of specialized agencies of environmental protection as stipulated in Paragraphs 1 and 2 of this Article.

Article 124: Responsibilities of Viet Nam Fatherland Front and Its Member Organizations

1. The Viet Nam Fatherland Front and its member organizations shall, within the extent of their duties and powers, have the responsibility to propagandize and mobilize their members and the people to participate in environmental protection; and supervise the compliance with the law on environmental protection.

2. The State management agencies of environmental protection at all levels shall have the responsibility to facilitate the Viet Nam Fatherland Front and its member organizations to participate in environmental protection.