Chương II Luật bảo vệ môi trường 2020: Bảo vệ các thành phần môi trường, di sản thiên nhiên

Chapter II

PROTECTION OF ENVIRONMENTAL COMPONENTS AND NATURAL HERITAGE SITES

Section 1. WATER PROTECTION

Article 7. General regulations on surface water protection

1. Quality of surface water, sediments and aquatic environment must be monitored and evaluated; surface water carrying capacity must be calculated, determined and announced.

2. Sources of waste discharged into surface water must be managed in a manner that is appropriate to intended use and carrying capacity of surface water. Result of appraisal of the environmental impact assessment report shall not be approved for or environmental license shall not be issued to the new investment project that discharges wastewater directly into the surface water that has reached its carrying capacity as announced by a competent authority, except for the case in which the investment project owner has adopted a scheme to treat wastewater in accordance with technical regulation on environment regarding quality of surface water before discharging it into a water body or has adopted a circulation or recycling scheme in order not to generate more wastewater or the case where the project aims to deal with pollution and improve quality of the environment in a pollution area.

3. River water shall be protected by applying the principles of integrated river basin management and associated with biodiversity conservation, aquatic environment protection, management of water source protection corridors, and reasonable extraction and use of water.

Article 8. Surface water protection activities

1. Surface water protection shall focus on:

a) Statistically reporting, assessing, minimizing and treating wastewater discharged into surface water;

b) Monitoring and assessing quality of surface water, sediment and aquatic environment and publishing information in service of management, extraction and use of water surface;

c) Investigating and assessing carrying capacity of surface water; announcing areas where the surface water has reached its carrying capacity; assessing quotas for discharge of wastewater into the surface water;

d) Eliminating pollution, remediating and improving polluted surface water;

dd) Monitoring and assessing quality of surface water and sediments of international rivers and sharing information in accordance with regulations of law on environmental protection, law and international practice.

2. The Ministry of Natural Resources and Environment has the responsibility to:

a) provide guidance on assessing surface water carrying capacity of rivers and lakes; provide guidance on assessing surface water quality;

b) organize assessment of surface water and sediment quality, surface water carrying capacity of inter-provincial rivers and lakes; organize inventorying and assessment of waste sources and pollution level, and organize elimination of inter-provincial river and lake pollution; formulate and submit to the Government a surface water quality management plan for inter-provincial rivers and lakes that play a key role in socio-economic development and environmental protection;

c) inspect the implementation of the surface water quality management plan for inter-provincial rivers and lakes and measures to prevent and mitigate water pollution and improve water quality in inter-provincial rivers and lakes.

3. Provinical People’s Committees have the responsibility to:

a) determine provincial rivers and lakes and other surface water sources in areas that play important role in socio-economic development and environmental protection; determine domestic water safeguard zones and water source protection corridors within provinces; determine aquatic areas;

b) publish information about sources of waste discharged into the surface water within provinces; collect information and data on state of surface water, waste sources and total amount of waste discharged into surface water in inter-provincial rivers and lakes within provinces under the guidance of the Ministry of Natural Resources and Environment; direct organizations to assess damage caused by pollution and remediate surface water pollution within provinces as prescribed;

c) prevent and control sources of waste discharged into surface water sources within provinces; take measures to prevent and minimize surface water pollution, improve surface water quality within provinces according to the surface water quality management plan;

d) organize assessment of surface water and sediment quality, carrying capacity and quotas for discharge of wastewater with respect to the surface water sources mentioned in Point a of this Clause; publish information about areas where surface water has reached its carrying capacity;

dd) promulgate and organize the implementation of the plan for management of quality of surface water mentioned in Point a of this Clause; organize implementation of the surface water quality management plan for inter-provincial rivers and lakes within provinces.

Article 9. Surface water quality management plan

1. The surface water quality management plan for inter-provincial rivers and lakes must be conformable with the national environmental protection planning.

The surface water quality management plan for the water sources mentioned in Point a Clause 3 Article 8 of this Law must be conformable with the national environmental protection planning and environmental protection contents specified in the regional and provincial planning.

2. Contents of the surface water quality management plan include:

a) Assessing and predicting trends in changes in surface water quality; objectives and targets of the plan; determining domestic water safeguard zones and water source protection corridors; determining aquatic areas;

b) Current distribution of point source pollution, and non-point source pollution with pollutants released into the water in the affected area; risk of transboundary surface water pollution;

c) Types and total amount of pollutants discharged into the surface water;

d) Assessing carrying capacity, zoning and quotas for wastewater discharge; determining objectives and roadmap for reducing wastewater discharge into the surface water that has reached its carrying capacity;

dd) Measures to prevent and reduce surface water pollution; solutions for cooperation in, sharing of information and management of transboundary surface water pollution;

e) Solutions for protecting and improving surface water quality;

g) Organizing implementation.

3. The surface water quality management plan is formulated for 05-year periods.

4. The Government shall elaborate contents of, sequence and procedures for promulgating a surface water quality management plan.

Article 10. Groundwater protection

1. Sources of groundwater must be monitored and assessed so that measures are taken promptly if any environmental parameter is found exceeding the permissible level prescribed in a national technical regulation on environment or there is a reduction in the water level.

2. Groundwater protection measures must be taken upon carrying out groundwater exploration and extraction.

3. Establishments using toxic chemicals and radioactive substances must take measures to prevent leakage and release of toxic chemicals and radioactive substances into groundwater.

4. Establishments, warehouses and yards containing materials, raw materials and chemicals and areas for containing and treating waste must be constructed in such a manner that ensures technical safety and does not cause groundwater pollution.

5. Agencies, organizations, residential communities, households and individuals causing groundwater pollution shall remediate pollution.

6. The groundwater protection shall comply with regulations of this Law, law on water resources and other relevant regulations of law.

7. The Minister of Natural Resources and Environment shall elaborate groundwater protection.

8. People’s Committees of provinces shall protect groundwater within provinces as prescribed by law.

Article 11. Seawater protection

1. Sources of waste discharged into seawater must be investigated and assessed and subject to any measure to be taken to prevent, minimize, control and treat them to satisfy the environmental protection requirements.

2. Areas at risk of sea and island environment pollution must be assessed, identified and announced in accordance with regulations of law on natural resources and environment of sea and islands.

3. The extraction of resources from sea and islands and other socio-economic activities shall comply with the planning, and environmental protection and sustainable development requirements.

4. Upon seawater protection, it is required to ensure close and effective cooperation between relevant organizations and individuals; between Vietnam’s regulatory bodies and foreign bodies in sharing information, assessing seawater quality and controlling cross-border seawater pollution.

5. The seawater protection shall comply with regulations of this Law, law on natural resources and environment of sea and islands and other relevant regulations of law.

Section 2. AIR PROTECTION

Article 12. General regulations on air protection

1. Entities and households involved in production, business operation and service provision and discharging dusts and exhaust gases resulting in adverse impacts on the environment have the responsibility to reduce the discharge and take remedial measures as prescribed by law.

2. Air quality must be monitored on a regular and continuous basis and announced as prescribed by law.

3. Air pollution must be notified and warned in a timely manner to minimize its impacts on community health.

4. Sources of dusts and exhaust gases must be monitored, assessed and controlled as prescribed by law.

Article 13. Air quality management plans

1. Air quality management plans include national air quality management plan and provincial air quality management plan. The national environment quality management plan must be conformable to the national environmental protection planning. The provincial air quality management plan must be conformable with the national air quality management plan and provincial planning, and serve as the basis for organizing implementation thereof and managing air quality.

2. The national environment quality management plan covers a period of 05 years. The period of a provincial air quality management plan shall be determined according to the extent and level of air pollution, management and improvement solutions, local conditions and resources for implementation.

3. Main contents of the national air quality management plan include:

a) Assessing management and control of air pollution at national level; identifying major causes of air pollution;

b) General and specific objectives;

c) Tasks and solutions for air quality management;

d) Prioritized programs and projects for implementation of tasks and solutions; formulating regulations on cooperation in and measures for managing quality of inter-regional and inter-provincial air;

dd) Organizing implementation.

4. Main contents of a provincial air quality management plan include:

a) Assessing quality of air in the province;

b) Assessing management of air quality; monitoring air; determining and assessing main sources of exhaust gases; emission inventory; air quality modeling;

c) Analyzing and identifying causes of air pollution;

d) Assessing impacts of air pollution on community health;

dd) Objectives and scope of air quality management;

e) Tasks and solutions for air quality management;

g) Organizing implementation.

5. The Government shall elaborate contents of, sequence and procedures for promulgating an air quality management plan.

Article 14. Responsibility for air quality management

1. The Prime Minister shall promulgate and provide instructions on implementation of the national air quality management plan; provide instructions on implementation of emergency measures in the case of inter-provincial, regional or cross-border serious air pollution.

2. The Ministry of Natural Resources and Environment shall:

a) formulate and submit to the Prime Minister the national air quality management plan and organize the implementation thereof;

b) provide guidance on formulating provincial air quality management plans and air quality assessment methods.

3. People’s Committees of provinces shall:

a) formulate and organize the implementation of provincial air quality management plans;

b) assess, monitor and publish information about air quality; warn residential communities of and take measures to remediate air pollution that impacts community health;

c) organize the implementation of emergency measures if serious air pollution occurs in their provinces.

4. The Government shall elaborate this Article.

Section 3. SOIL PROTECTION

Article 15. General regulations on soil protection

1. If land is used to implement a planning, plan, project or activity, it is required to consider its impacts on soil and take measures for environmental pollution or degradation prevention and control and soil protection.

2. Agencies, organizations, residential communities, households and individuals that use land have the responsibility to protect soil environment; improve and remediate soil environment if causing soil pollution.

3. The State shall improve and remediate soil environment in areas where soil pollution caused by a historic event occurs or in the case of failure to identify the entity causing pollution.

4. The Government shall elaborate soil protection.

Article 16. Classification of areas where soil pollution occurs

1. Area where soil pollution occurs (hereinafter referred to as “soil pollution area”) means an area in which pollutants exceed the permissible levels prescribed in a technical regulation on environment resulting in adverse impacts on the environment and community health.

2. Soil pollution areas shall be classified according to the following criteria: source of pollution, spreading capacity and affected entities.

3. The soil pollution areas classified according to the level of pollution include soil pollution area, serious soil pollution area and extremely serious soil pollution area.

Article 17. Soil quality management

1. Soil quality must be investigated, assessed, classified and made publicly available as prescribed by law.

2. Areas at risk of soil pollution must be monitored and supervised.

3. Soil pollution areas must be investigated, assessed, zoned, dealt with, renovated and improved.

4. Areas polluted by dioxins derived from herbicides used in war, residual agrochemicals and other hazardous substances must be investigated, assessed, zoned and dealt with in accordance with environmental protection requirements.

Article 18. Soil environment improvement and remediation

1. Investigate, assess and classify soil pollution areas, determine causes, extent and level of pollution, improve and remediate soil environment.

2. Take measures to control soil pollution areas, including zoning, issuing warnings, prohibiting or restricting activities to minimize impacts on human health.

3. Prepare and carry out schemes to improve and remediate soil environment; give priority to dealing with serious and extremely serious pollution areas.

4. Monitor and assess soil quality after improvement and remediation.

Article 19. Responsibility for soil protection

1. The Ministry of Natural Resources and Environment shall:

a) elaborate criteria for determining and classifying soil pollution areas according to level of pollution;

b) preside over and cooperate with other Ministries, ministerial agencies and agencies concerned in formulating and providing instructions on implementation of the plan to improve and remediate extremely serious soil pollution areas in the case specified in Clause 3 Article 15 of this Law; investigate, assess and make publicly available soil quality;

c) Submit to the Prime Minister a plan to improve and remediate extremely serious soil pollution areas in the case specified in Clause 3 Article 15 of this Law;

dd) consolidate lists of soil pollution areas; establish and update information about soil pollution areas nationwide to the national environmental information system and environmental database and publish such information.

2. The Ministry of National Defense and Ministry of Public Security shall preside over and cooperate with provincial People’s Committees in improving and remediating soil environment in the case of national defense and security land and in other areas as prescribed by law.

3. Provincial People’s Committees shall:

a) investigate, assess, determine and zone areas at risk of soil pollution areas and soil pollution areas within their provinces, and assign responsibilities to entities causing pollution;

b) remediate soil pollution areas and extremely serious soil pollution areas in the case specified in Clause 3 Article 15 of this Law;

c) report areas showing signs of inter-provincial soil pollution and extremely serious pollution areas to the Ministry of Natural Resources and Environment;

d) update information about soil pollution areas within their provinces to the environmental information system and database as prescribed.

Section 4. NATURAL HERITAGE SITE ENVIRONMENT PROTECTION

Article 20. Natural heritage sites

1. Natural heritage sites include:

a) National parks, nature reserves, habitat/species management areas, landscape protected areas established in accordance with the law on biodiversity, forestry and fisheries; landscapes recognized as cultural heritage established in accordance with the law on cultural heritage;

b) Natural heritage sites recognized by international organizations;

c) Other natural heritage sites established and recognized in accordance with this Law.

2. The establishment and recognition of natural heritage sites in Point c Clause 1 of this Article shall be based on any of the following criteria:

a) They are of outstanding, unique or exceptional natural beauty;

b) They provide excellent examples of ongoing ecological and biological evolutionary processes or furnishes habitats for endangered, precious, rare or endemic species or are sites of exceptional biodiversity or are of significance for biological diversity conservation;

c) They are outstanding examples representing major stages of earth's history, including the record of life or significant geomorphic or physiographic features;

d) They play a significantly important role in climate regulation, water protection, ecological balance and provision of ecosystem services.

3. The Government shall elaborate criteria, procedures and power for establishing and recognizing natural heritage sites in Point c Clause 1 of this Article; procedures and power for applying for recognition of natural heritage sites in Point b Clause 1 of this Article.

Article 21. Natural heritage site environment protection

1. Natural heritage site environment shall be investigated, assessed, managed and protected.

2. Natural heritage site environment protection is a content of the national environmental protection planning, regional planning and provincial planning.

3. Agencies, organizations, residential communities, households and individuals have the responsibility to protect natural heritage sites. Organizations, residential communities, households and individuals participating in managing natural heritage site environment are entitled to payments for ecosystem services as prescribed by law.

4. The Government shall elaborate Clause 1 of this Article.

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