Chapter VI
ENVIRONMENTAL PROTECTION FOR WATER, LAND AND AIR
Section 1. ENVIRONMENTAL PROTECTION FOR RIVER WATER
Article 52. General provisions on the environmental protection for river water
1. The environmental protection for river water is one of basic requirements set out in the planning and proposal for extraction and utilization of river water.
2. Waste discharges drained out to the river basin must be managed to meet the accepted standards of river’s maximal load.
3. The quality of river water and sediments must be monitored and assessed.
4. The environmental protection for the river basin must be closely connected with the biodiversity conservation, river water extraction and utilization.
5. Owners of manufacturing or business establishments, family households and individuals must be responsible for reducing and disposing of waste substances before being discharged to the river basin as stipulated by laws.
Article 53. Processes for monitoring and controlling the river-water environmental pollution
1. Make a statistical report, assess, mitigate and dispose of wastes discharged to the river basin.
2. Carry out the periodical monitoring and assessment of the quality of river water and sediments.
3. Investigate and assess the river’s maximal load; publicize river sections or rivers that are no longer capable of loading waste substances; determine the limited amount of wastes discharged to the river.
4. Control pollution conditions and improve the environmental condition for contaminated river sections or rivers.
5. Conduct the trans-border monitoring and assessment of the environmental quality of river water and sediments, and share necessary information on the basis of complying with international laws and practices.
6. Develop and become involved in the initiative for the river environmental protection.
7. Disclose the information about river water and sediment environment to the organization specializing in the management, extraction and utilization of river water.
Article 54. Responsibility of provincial People’s Committees for the environmental protection for water derived from provincial rivers
1. Disclose the information about waste discharges into rivers.
2. Direct and arrange activities to prevent and control waste discharges drained to the river.
3. Conduct the assessment of the river’s maximal load; determine the limited amount of wastes discharged to the river; publicize river sections or rivers that are no longer capable of loading waste substances.
4. Carry out the assessment of loss incurred by the river-water environmental pollution and the control of such pollution conditions.
5. Direct the formulation and development of the initiative for the river environmental protection.
Article 55. Responsibility of the Ministry of Natural Resources and Environment for the river-water environmental protection
1. Assess the quality of river water and sediments at inter-provincial and trans-border rivers.
2. Investigate and assess the river’s maximal load, determine the limited amount of waste discharges which corresponds to the objective of using water and making the related information known to the public.
3. Issue and provide guidance for the implementation of technical regulations on river-water and sediment environment.
4. Issue and provide guidance for the assessment of the river’s maximal load and quota of sewage discharged to the inter-provincial rivers, control the pollution condition and improve the environmental health for contaminated river and river sections.
5. Arrange and direct activities that should be performed for the purpose of the environmental protection for inter-provincial river water.
6. Conduct the assessment of the polluting waste discharges, damaging levels and take measures to control the pollution condition for inter-provincial rivers.
7. Make a final report on the information about the quality of river water and sediments and send an annual report on this matter to the Prime Minister.
8. Prepare and submit the initiative for the water environmental protection for inter-provincial rivers to the Prime Minister to seek an approval.
Section 2. ENVIRONMENTAL PROTECTION FOR OTHER SOURCES OF WATER
Section 56. Environmental protection for lake, pond, canal and ditch water
1. The reserve and quality of lake, pond, canal and ditch water sources must be investigated, assessed and protected for the purpose of water moderation.
2. Lake, pond, canal and ditch located in the urban and residential area must be renovated and protected to meet the requirements set out in the planning.
3. Organizations or individuals do not allow to encroach upon and illegally erect houses and structures on the water surface or near lake, pond, canal and ditch; restrict the sand-filling of lake and pond in the urban and residential area.
4. Provincial People’s Committees take responsibility for investigating and assessing the reserve and quality of water as well as set up plans for protection and moderation of water flows on lake, pond, canal and ditch; formulate and develop the plan for renovation or relocation of residential zones, clusters and structures built on the lake, pond, canal and ditch that can cause environmental pollution and block the water current as well as degrade the wetland environment and ruin urban landscapes.
Article 57. Environmental protection for water reservoirs or lakes for the purpose of irrigation and hydropower
1. The construction, management and operation of water reservoirs or lakes for the purpose of irrigation and hydropower must meet the requirement for the environmental protection.
2. Do not encroach upon the land area and dump solid wastes, lands and stones out to lakes; drain wastewater that has not been treated properly as required by the technical regulations on environment into the lake.
3. The agency in charge of water reservoirs or lakes for the purpose of irrigation and hydropower shall be responsible to conduct the tri-monthly environmental monitoring for lake water.
Article 58. Environmental protection for underground water
1. Only allow to use permitted chemical in the approved list released by the competent regulatory agency in course of prospecting and extraction of underground water.
2. Take preventive measures against the pollution of underground water through prospecting and extraction wells. Underground water facilities must be responsible for environmental remediation at prospecting and extraction sites. Abandoned exploration and extraction drill holes must be refilled in compliance with proper technical process.
3. Production, trading and service provision facilities that employ harmful chemicals and radioactive substances must apply preventive measures against leakage and spread out to the underground water.
4. Chemical sheds, treatment facilities and landfills of hazardous wastes must be developed to ensure technical safety, and apply necessary measures to barricade harmful chemicals absorbed into the underground water in accordance with legal regulations.
5. Organizations or individuals who contaminate the underground water must assume their responsibility for dealing with the underground water pollution.
Section 3. Protection of land environment
Article 59. General provisions on the environmental protection for land
1. The environmental protection is one of fundamental requirements for the management of land resource.
2. Sketch out the planning, proposal, project and action plan for the land utilization must consider the impact on land environment and introduce measures to protect the land environment.
3. Organization, family household and individual who is vested with the land ownership is obliged to perform the land environmental protection.
4. Organization, family household and individual who pollutes the land environment shall be liable to carry out the treatment, renovation and remediation of land environment.
Article 60. Management of land environmental quality
1. Land environmental quality must be investigated, assessed, classified and managed as well as disclose relevant information to organizations and individuals involved.
2. Wastes discharged into the land environment are not allowed to exceed the land’s maximal load.
3. Land areas faced with the degradation must be confined to being expanded, tracked and monitored.
4. Degraded land areas must be rehabilitated and restored.
5. The regulatory agency in charge of the environmental protection must be responsible for investigating, assessing and disclosing relevant information about the land environmental quality.
Article 61. Controlling of land environmental pollution
1. Elements that can pose a risk of polluting the land environment must be defined, statistically reported, assessed and controlled.
2. The regulatory agencies in charge of the environmental protection shall be responsible for taking necessary measures to control the land pollution.
3. Manufacturing or business establishments shall be responsible for applying measures to control the environmental pollution thereat.
4. Land areas containing soil and mud exposed to the dioxin agent which is derived from the herbicide used in the war time, remains of plant pesticides and other hazardous substances must be investigated, assessed, restricted and disposed in order to meet the required standards set out in the environmental protection regulations.
5. Details of this Article shall be regulated by the Government.
Section 4. PROTECTION OF AIR ENVIRONMENT
Article 62. General provisions on the aerial environment protection
1. All waste gases discharged into the aerial environment must be assessed and controlled.
2. Organizations or individuals involving in the harmful gas emission that causes bad effects on the environment during their production, trading and service provision activities must be responsible for reducing and disposing of such waste gases in order to meet the accepted standards for aerial environment as stipulated by laws.
Article 63. Management of aerial environment quality
The regulatory agency in charge of the environmental protection shall take their responsibility for monitoring and assessing the quality of aerial environment as well as disclose relevant information hereof; where the air pollution is detected, a prompt alert and solution must be in place.
Article 64. Controlling of aerial environment pollution
1. Waste gas emission source must be determined in respect of amount, properties and features of these emissions.
2. The examination and approval of projects and operations that emit waste gases must depend on the aerial environment’s maximal load and ensure none of threats to human and environmental health.
3. Manufacturing or business establishments that are likely to emit a large amount of industrial waste gases must register polluting sources, measure, statistically report, inventory and set up database relating to the amount, characteristics and properties of waste emissions.
4. Manufacturing or business establishments that are own the large source of industrial emissions must install the automatic and non-stop waste-gas monitoring equipment and must be licensed by the relevant competent authority.
5. Details of this Article shall be regulated by the Government.
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