Chapter VII
ENVIRONMENTAL PROTECTION IN MANUFACTURING, TRADING, AND SERVICE PROVISION
Article 65. Environmental protection in economic zones
1. Every economic zone must have infrastructure works serving environmental protection as prescribed by law.
2. Every management board of economic zones must have a unit specialized in environmental protection.
3. The management boards of economic zones shall cooperate with local regulatory bodies in organizing environmental protection and shall report the environmental protection tasks in economic zones as prescribed by law.
4. The Minister of Natural Resources and Environment shall elaborate this Article.
Article 66. Environmental protection in industrial parks, export-processing zones, and hi-tech zones
1. Management boards of industrial parks, export-processing zones, and hi-tech zones shall cooperate with local regulatory bodies in inspecting environmental protection tasks and report the environmental protection tasks in their industrial parks, export-processing zones, and hi-tech zones as prescribed by law.
2. Management boards of industrial parks, export-processing zones, and hi-tech zones must have units specialized in environmental protection.
3. Investors in industrial parks, export-processing zones, and hi-tech zones must satisfy the requirements below:
a) The zoning and operations must be suitable for environmental protection tasks;
b) The concentrated wastewater collection and treatment system are conformable with environmental regulations; there is an automatic and continuous wastewater monitoring system as well as wastewater flow rate meters.
c) Appropriate units are assigned to take charge of environmental protection tasks.
4. The Minister of Natural Resources and Environment shall elaborate this Article.
Article 67. Environmental protection in industrial complexes and concentrated business zones
1. Investors in industrial complexes and concentrated business zones must perform the following environmental protection tasks:
a) Formulate an environmental protection plan;
b) Invest in a wastewater collection and treatment system that meet environmental standards;
c) Carry out environmental monitoring as prescribed by law;
d) Assign employees in charge of environmental protection.
2. Management boards of concentrated business zones shall perform the environmental protection tasks below:
a) Formulate an environmental protection plan;
b) Invest in a wastewater and solid waste collection and treatment system that meet environmental standards;
c) Assign employees in charge of environmental protection.
3. The People’s Committees of districts are obliged to:
a) Inspect the formulation and implementation of environmental protection plans in industrial complexes and concentrated business zones;
b) Submit reports on environmental protection in industrial complexes and concentrated business zones to competent authorities.
4. The Minister of Natural Resources and Environment shall elaborate this Article.
Article 68. Environmental protection in manufacturing and business establishments
1. Manufacturing and business establishments are obliged to:
a) Collect and treat wastewater in accordance with environmental standards;
b) Collect, classify, store, treat, and discharge solid waste in accordance with law;
c) Minimize, collect, treat dust and exhaust gases in accordance with law; ensure no leakage and discharge of noxious gases into the environment; limit noise, vibration, light and heat emission that negatively affects the surrounding environment and employees;
d) Provide sufficient resources and equipment for prevention and response to environmental emergencies;
dd) Formulate and implement environmental protection plans;
2. Manufacturing establishments or warehouses must ensure that there are no negative impacts on residential areas if they:
a) Have inflammable and/or explosive substances;
b) Have radioactive substances or strongly radiating substances;
c) Have substances that are harmful to humans and animals;
d) Emit dust, smell, noise that negatively affect human health;
dd) Cause pollution to water sources.
3. Manufacturing and business establishments that produce a large a mount of waste that is likely to seriously affect the environment must specialized units or employees specialized in environmental protection; the environment management systems of which must be certified as prescribed by the government.
4. Owners of manufacturing and business establishments are responsible for fulfilling the environmental protection requirements in Clauses 1, 2, and 3 of this Article and relevant regulations of law.
Article 69. Environmental protection in agricultural production
1. Every entity that produces, imports, sells, and/or uses pesticides and veterinary medicines must comply with environmental protection regulations in Clause 1 and Clause 2 Article 78 of this Article.
2. Expired fertilizers, products for breeding environment remediation; containers of fertilizers, pesticides and veterinary medicine must be treated after use in accordance with waste management regulations.
3. Every concentrated breeding zone must have an environmental protection plan and:
a) Ensure environmental hygienic of the residential areas;
b) Collect, treat wastewater and solid wastes in accordance with waste management regulations;
c) Periodically clean the farms, pens to prevent, and response to epidemics;
d) Deal with dead animals in accordance with regulations on hazardous waste management and preventive medicine.
Article 70. Environmental protection in trade villages
1. Every trade villages are obliged to:
a) Have an environmental protection plan;
b) Have infrastructure works for collecting, classifying, storing, treating, and discharging wastes in accordance with environmental standards;
c) Has an autonomous unit in charge of environmental protection.
2. Manufacturing establishments involved in the trades encouraged by the government in trade villages are obliged to:
a) Formulate and implement environmental protection plans as prescribed by law;
b) Take measures to minimize noise, vibration, light, dust, heat, exhaust gases, wastewater; tackle pollution on the spot; collect, classify, store, and treat solid wastes as prescribed by law.
3. Manufacturing establishments other than those mentioned in Clause 2 of this Article are obliged to:
a) Comply with regulations in Clause 1 Article 68 of this Law;
b) Comply with the plans for relocation or trade conversion made by competent authorities.
4. The People’s Committees of communes that have trade villages are obliged to:
a) Formulate and implement environmental protection plans in local trade villages;
c) Provide instructions on operation of autonomous units in charge of environmental protection in trade villages;
c) Submit annual reports on environmental protection in trade villages to the People’s Committee of the district.
5. The People’s Committees of districts that have trade villages are obliged to:
a) Direct and inspect environmental protection in local trade villages;
b) Submit annual reports on environmental protection in trade villages to the People’s Committee of the province.
6. The People’s Committees of provinces that have trade villages are obliged to:
a) Attach environmental protection to development and renovation of trade villages;
b) Provide funding for environmental protection in trade villages;
c) Direct and organize assessment of pollution levels and deal with environmental pollution in local trade villages;
d) Direct the development of wastewater collection and treatment systems; gathering sites for conventional solid wastes and hazardous wastes produced by trade villages.
dd) Make planning for trade villages complexes; move establishments causing serious environmental pollution from residential areas.
7. The government shall elaborate this Article.
Article 71. Environmental protection in aquaculture
1. Every entity that produces, imports, and/or sells aquacultural medicines or chemicals must comply with environmental protection regulations and relevant regulations of law.
2. Do not use aquacultural medicines or chemicals that are expired or not on the list of permissible substances in aquaculture.
3. Expired aquaculture medicines and chemicals; used containers of aquaculture medicines and chemicals, mud and feed that deposit while cleaning must be collected and treated in accordance with waste management regulations.
4. Concentrated aquaculture zones must be conformable with planning and satisfy the following requirements:
b) Wastes are collected and treated in accordance with law;
b) The environment is remedied after aquaculture is terminated;
c) Environmental hygiene condition and prevention of aquacultural epidemics are ensured; no harmful chemicals or deposits are used.
5. The concentrated aquaculture zone is not built on an alluvial ground that is forming an estuary.
6. Mangrove forests are not destroyed to serve aquaculture.
Article 72. Environmental protection in hospitals and medical facilities
1. Hospitals and medical facilities are obliged to:
a) Collect and treat medical wastewater in accordance with environmental standards;
b) Classify solid biomedical waste at source; collect, transport, store, and treat medical solid waste in accordance with environmental standards;
c) There are plans and equipment for prevention and response to environmental emergencies;
d) Biomedical wastes must be preliminarily treated to eliminate pathogens that are likely to spread before wastes are stored, treated, or destroyed at a gathering site.
dd) Exhaust gases are treated in accordance with environmental standards;
2. Radiation facilities and medical equipment using radioactive substances must comply with regulations of law on radiation safety and nuclear safety.
3. Investors in hospitals and medical facilities shall provide sufficient funding to build sanitary works, waste collection, storage, and treatment systems that satisfy environmental protection requirements.
4. Heads of hospitals and medical facilities are responsible for fulfilling the environmental protection requirements in Clauses 1, 2, and 3 of this Article and relevant regulations of law.
Article 73. Environmental protection in construction
1. Construction planning must comply with regulations on environmental protection.
2. Waste treatment works must be included in the construction design and budget of the construction of manufacturing and business establishments that produce wastes negatively impact the environment.
3. Construction must satisfy the following environmental protection requirements:
a) Measures are taken to ensure that the construction sites in residential areas do not produce dust, heat, noise, vibration, and light beyond environmental standards;
b) Building materials are transported with suitable vehicles that ensure no leakage or environmental pollution;
c) Solid wastes and other wastes are collected and treated in accordance with environmental standards.
Article 74. Environmental protection in transport
1. Traffic planning must comply with regulations on environmental protection.
2. Motor vehicles must be certified as conformable with environmental standards by registry authorities before they are put into operation.
3. Vehicles used for transporting raw materials and wastes must be covered while they are using public roads in order to avoid leakage and pollution.
4. Organizations and individuals involved in transport of dangerous goods must have qualifications in environmental protection as prescribed by law.
5. The transport of goods at risk of environmental emergencies must satisfy the following requirements:
a) Specialized equipment and vehicles are used to ensure no leakage or discharge;
b) A license to transport is issued by a competent authority;
c) The route and time are conformable with the license.
Article 75. Environmental protection in goods import and transit
1. Machinery, equipment, vehicles, raw materials, fuel, chemicals, and goods imported or in transit must satisfy environmental protection requirements.
2. The following machinery, equipment, vehicles, raw materials, fuel, chemicals, and goods are banned from import:
a) Machinery, equipment, and vehicles that fail to comply with environmental protection requirements;
b) Machinery, equipment, and vehicles that are used and intended to be disassembled, except for the case in Clause 3 of this Article;
c) Raw materials, fuel, chemicals, and goods on the list of goods banned from import;
d) Machinery, equipment, and vehicles contaminated with radioactive substances, bacteria, and other poisonous substances that have not been cleaned or cannot be cleaned;
dd) Food, food ingredients, food additives, food containers that are expired or not conformable with food safety regulations;
e) Medicines, ingredients of medicines used for human, veterinary medicines, pesticides that are expired or not conformable with food safety regulations.
3. The import of used ships must comply with environmental standards. The Government shall specify the permissible importers and conditions for importing, disassembling used ships.
Article 76. Environmental protection during import of scrap
1. Scrap imported into Vietnam must satisfy environmental standards and on the list of permissible scrap materials compiled by the Prime Minister.
2. Scrap importer must:
a) Have separate warehouses and areas that meet environmental protection requirements for gathering scrap;
b) Have technologies and equipment that meet environmental protection requirements for recycling scrap and treating impurities in scrap.
3. Scrap importers are obliged to:
a) Only import scrap as raw materials;
b) Impurities in scrap must be treated in accordance with environmental standards and must not be given or sold;
c) Scrap that is fails to meet environmental standards must be re-exported. Otherwise, they must be treated in accordance with regulations of law on waste management;
d) Deposits shall be paid to import scrap as prescribed by the Government.
4. The People’s Committees of provinces shall:
a) Carry out inspections, find and stop violations against regulations of law on imported scrap;
b) Submit annual reports to the Ministry of Natural Resources and Environment on import and use of scrap and environmental issues pertaining to imported scrap locally.
Article 77. Environmental protection during festivals and in the tourism industry
1. Every entity that manages or operates tourist attractions, resorts, and lodging establishments must:
a) Post the regulations on environmental protection at the tourist attractions and provide instructions;
b) Adequately and rationally install sanitary facilities and waste collection systems;
c) Appoint employees in charge of environmental hygiene.
2. Visitors to tourist attractions, lodging establishments, and festivals must:
a) Comply with the regulations on environmental protection at the tourist attractions or lodging establishments;
b) Discard wastes properly;
c) Keep public hygiene;
d) Not to infringe upon the landscape, relics and animals at the tourist attractions or lodging establishments.
Article 78. Environmental protection with regard to chemicals, pesticides, and veterinary medicines
1. Every entity that produces, imports, sells, uses, transports, stores, transfers, and/or processes chemicals, pesticides, and/or veterinary medicines must comply with environmental protection regulations and relevant regulations of law.
2. Chemicals, pesticides, and veterinary medicines with high toxicity, stability, likely to spread or agglomerate in the environment and negatively impact the environment and human health must be registered, managed, assessed, and processed in accordance with law.
3. The Minister of Natural Resources and Environment shall take charge and cooperate with the Minister of Industry and Trade and the Minister of Agriculture and Rural development in elaborating this Article.
Article 79. Environmental protection by research institutes and laboratories
1. Research institutes and laboratories must:
a) Collect and treat medical wastewater in accordance with environmental standards;
b) Classify solid wastes at sources; collect and treat solid wastes in accordance with regulations of law on solid waste management;
c) Process, destroy test specimens and chemicals in accordance with environmental standards;
d) Make plans and provide equipment for prevention and response to environmental emergencies.
2. Every research institute and laboratory that uses radioactive substances must comply with regulations of law on radiation safety and nuclear safety.
3. Heads of research institutes and laboratories are responsible for fulfilling the environmental protection requirements in Clause 1 and Clause 2 of this Article and relevant regulations of law.
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