Chương XIV Luật bảo vệ môi trường 2014: Trách nhiệm của cơ quan quản lý nhà nước về bảo vệ môi trường

Chapter XIV

RESPONSIBILITIES OF REGULATORY AGENCIES FOR ENVIRONMENTAL PROTECTION

Article 139. State management on environmental protection

1. Constructing, promulgating by authority and organizing the implementation of legal documents on environmental protection, promulgating environmental standard, technical process system.

2. Constructing, directing the implementation of strategies, policies, programs, projects, planning and plans on environment.

3. Organizing, constructing, managing monitoring system; carrying out regular evaluation of environmental conditions, forecasting environmental happenings.

4. Constructing, appraising and approving environmental protection planning; appraising strategic environmental assessment report; appraising, approving environmental impact assessment report and inspecting, endorsing environmental protection works; organizing and endorsing environmental protection plan;

5. Directing, instructing and organizing the implementation of biological diversity preserving activities; managing waste; controlling pollution; improving and restoring the environment.

6. Awarding, extending, revoking environmental licenses, certificates.

7. Investigating, inspecting the execution of the law on environmental protection; Investigating state management responsibilities on environmental protection;

8. Training human force in charge of scientific and environmental management, educating and propagandizing knowledge and law on environmental protection.

9. Organizing study and application of scientific and technological advances in environmental protection.

10. Directing, instructing, inspecting and evaluating the implementation of state budget on environmental protection.

11. Furthering international cooperation in environmental protection.

Article 140. State management responsibilities of the Government for environmental protection

The government is unanimous in state management on environmental protection throughout the country.

Article 141. State management responsibilities of the Minister of Natural Resources and Environment to environmental protection

The Minister of Natural Resources and Environment is responsible to the Government for unifying state management on environmental protection and takes the following responsibilities:

1. Constructing and submitting to the Government, the Prime Minister legal documents, policies, strategies, planning, plans, programs, and national projects on environmental protection.

2. Constructing and promulgating legal documents by authority, national technical regulations on environment; promulgating technical instruction documents.

3. Self-handling or sending proposal to the Government, the Prime Minister for handling of inter-branch, inter-provincial environmental issues.

4. Directing, instructing and constructing national environmental monitoring system, environmental information and reporting system; directing, organizing national and local environmental actual state assessment.

5. Directing, instructing and organizing the implementation of construction activities by authority, appraising, approving environmental protection planning; appraising strategic environmental assessment report; appraising, approving environmental impact assessment report; endorsing environmental protection plan; inspecting, endorsing completion of environmental protection works.

6. Directing, instructing and organizing the implementation of awarding, extending and revoking environmental licenses, certificates by authority.

7. Directing, instructing and organizing the implementation of biological diversity preserving activities, biological safety; carrying out waste management; controlling pollution; improving and restoring the environment.

8. Constructing and organizing the implementation of policies, programs, sustainable and environmental friendly production and consumption models, instructing and endorsing environmental friendly product, institution; directing, instructing environmental health improving activities.

9. Inspecting, investigating and handling violations of the law on environmental protection; settling claims, accusations, petitions in relation to environmental protection according to the law.

10. Directing and instructing the insertion of environmental protection contents into national land use planning and plan, national strategy on water natural resources and general planning of inter-provincial river valley; national overall strategy on basic investigation, survey, exploitation and processing of mineral resources.

11. Constructing and organizing the implementation of assessment criteria system, following up the compliance with the law on environmental protection across the country; communicating, popularizing and educating environmental protection law.

12. Submitting to the Government the participation into international organizations, signing or applying for membership of the international treaty on environmental protection; chairing activities of international cooperation on environmental protection.

Article 142. State management responsibilities of Ministers, heads of ministerial level bodies on environmental protection

1. Ministers, heads of ministerial level bodies shall take charge of and cooperate with the Minister of Natural Resources and Environment in constructing and promulgating circulars, joint circulars on environmental protection in the areas managed by ministries and departments.

2. Ministers, heads of ministerial level bodies shall carry out the duties stipulated in this law and coordinate with the Minister of Natural Resources and Environment to organize the execution of the law on environmental protection within its own management; carrying out annual reporting to the Government on state management activities on environmental protection in the areas managed by ministers and departments.

3. Responsibilities of ministers, heads of ministerial level bodies are defined as follows:

a) The Minister of Planning and Investment shall actively coordinate with The Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to meet requirements of environmental protection in the strategy, general planning and plan of social-economic development of the country, region, project, works under authorities of the National Assembly, Government, Prime Minister, working to attract investment and organizing the implementation of law enforcement on environmental protection in the area of management.

b) The Minister of Agriculture and Rural Development shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in production, importing, exporting, use of chemicals, plant protection chemicals, veterinary drugs, fertilizers, waste substances in agriculture and other activities in management;

c) The Minister of Trade and Industry shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to handle industrial establishments causing serious environmental pollution under management authority, develop environmental industries and organize the implementation of law enforcement on environmental protection in management;

d) The Minister of Construction shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in such construction activities as infrastructural structures of water supply, water drainage, solid waste and urban waste water treatment, centralized service production area, construction material production bases, trade villages, centralized rural residential area and other activities in the area of management;

đ) The Minister of Transport shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in such construction activities as infrastructural structures of traffic, traffic vehicle management and other activities in the area of management;

e) The Minister of Health shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in the areas of health, food hygiene safety, burial and cremation activities; organizing statistics of waste sources, evaluation of pollution degree, treatment of medical waste from hospitals, medical institutions and other activities in the area of management;

g) The Minister of Culture, Sports and Tourism actively coordinates with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in activities of culture, festivals, sports, tourism, and other activities in the area of management;

h) The Minister of National Defense actively coordinates with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in the area of national defense in accordance with the law; mobilize forces to engage in activities of coping, remedying the incident in accordance with the law; direct, instruct, examine, and investigate the environmental protection tasks by the armed forces within authorities of management;

i) The Minister of Public Security is responsible for organizing, directing activities of environmental crime fighting and ensuring security in the area of environment; mobilizing forces to engage in the activity of coping with environmental incidents in accordance with the law; direct, instruct, examine and investigate the environmental protection tasks by the armed forces within authorities of management;

k) Ministers, heads of ministerial level bodies execute the duties stipulated in this Law and coordinates with the Minister of Natural Resources and Environment to organize the implementation of law enforcement on environmental protection in the area of management.

Article 143. State management responsibilities of the people’ committees of all levels on environmental protection

1. The people’s committees of provinces take the following responsibilities:

a) Constructing, promulgating by authority legal documents, policies, programs, planning, plans on environmental protection;

b) Organizing the implementation of law, strategies, programs, plans and duties on environmental protection;

c) Constructing, managing environmental monitoring system in the locality in suitability with general planning of national environmental monitoring;

d) Organizing appraisal and establishment of environmental report. Communicating, popularizing and educating policies and law on environmental protection;

đ) Organizing appraisal, approval of environmental protection planning, environmental impact assessment report, endorsing completion of environmental protection works, instructing and organizing the inspection of environmental protection plan by authority;

e) Awarding, extending, revoking licenses, certificates of environmental protection by authorities;

g) Inspecting, investigating, handling law violations of environmental protection; settling claims, accusations, petitions concerning environment in accordance with the law on complaints and denunciations.

h) Being responsible to the Government for any serious environmental pollution in the area.

2. The people’s committees of communes take the following responsibilities:

a) Promulgating by authorities regulations, programs, and plans on environmental protection;

b) Organizing the implementation of strategies, programs, plans and duties on environmental protection;

c) Endorsing, inspecting the implementation of environmental protection plan by authorities;

d) Organizing appraisal and establishment of environmental protection tasks on a yearly basis;

đ) Communicating, popularizing and educating policies and laws on environmental protection;

e) Inspecting, investigating, handling law violations on environmental protection; settling claims, accusations, petitions on environmental protection according to the law on complaints and denunciations,

g) Coordinating with the people’s committees of districts concerned to settle inter-district environmental problems

h) Directing state management tasks of the People’s committees of communes on environmental protection

i) Being responsible to the People’s committees of provincial levels for any serious environmental pollution in the area.

3. The People’s committees of communes take the following responsibilities:

a) Constructing plan, carrying out the duties of environmental protection, environmental hygiene preservation in the area; mobilizing people to construct the contents of environmental protection in the village regulation; providing guidance on putting the criteria of environmental protection into evaluation of hamlets, villages, and small villages (normally inhabited by mountainous ethnic minorities), neighborhoods and courteous families;

b) Endorsing, inspecting the implementation of environmental protection plans by authorities; inspecting compliance with the law on environmental protection by households, individuals;

c) Detecting and handling by authorities violations of the law on environmental protection or reporting direct to state management agencies of higher levels on environmental protection;

d) Reconciling environmental disputes arising in the area in accordance with the law on reconciliation;

đ) Managing activities of hamlets, villages, small villages (mountainous ethnic minorities), neighborhoods and organizations to self-govern environmental hygiene preservation and protection in the area;

e) Organizing appraisal and establishment of environmental protection tasks on a yearly basis;

g) Actively coordinating with production, business, and service entities in the area to popularize information of environmental protection of the institutions to the residential community;

h) Being responsible to the People’s committees of districts for any serious environmental pollution in the area.