Chương VI Luật tài nguyên, môi trường biển và hải đảo 2015: Kiểm soát ô nhiễm, ứng phó sự cố tràn dầu, hóa chất độc và nhận chìm ở biển

Chapter VI

CONTROL OF POLLUTION, COPING WITH SPILL OF OIL, TOXIC CHEMICALS AND SEA DUMPING

Section 1: Control of sea and island environment pollution

Article 42: Principles of sea and island environment pollution control

1. Control of sea and island environment pollution must be regularly conducted with the task of prevention being prioritized; carry out early and effective remedy for pollution, sea environment emergencies, degradation of sea and island environment.

2. Sea areas must be zoned for risk of pollution to come up with effective solutions for pollution control.

3. Waste sources from mainland, activities on sea and islands, waste of unclear origin and from border crossing must be tightly controlled. Control of waste sources, waste matters must involve consideration of loading capacity of sea and island environment.

4. Effectively coping with sea environment emergencies and early prevention of spread of pollution

5. Close coordination among relevant sectors, levels, organizations and individuals for control of sea and island environment pollution;

Article 43: Content of sea and island environment pollution control

1. Carry out investigation, statistical work, classification and assessment of waste sources from mainland, activities on sea and islands; state of environmental pollution;

2. Conduct regular monitoring and assessment of current conditions of water, sediments, ecosystems and biodiversity of sea and island areas;

3. Conduct investigation and assessment of loading capacity of environment in the areas running high or very high risk of pollution; make public announcement of areas out of capacity to receive waste;

4. Prevent, detect, handle and overcome pollution and degradation of environment, ecosystems; improve and remediate environment and ecosystems polluted and degraded;

5. Identify level of risk of environmental pollution; zone and map risk of environmental pollution;

6. Cope with environmental emergencies;

7. Grant permits and control sea dumping;

8. Cooperate with state agencies and foreign agencies and organizations in sharing information and assessing sea water environment quality; control cross-border environmental pollution according to law provisions;

9. Make public announcement of areas running the risk of environmental pollution, information about water, sediments of sea and island areas;

Article 44: Responsibilities of investigation and assessment of sea and island environment

1. The Ministry of Natural Resources and Environment, ministries, ministerial-level agencies, Governmental agencies, People’s committees of central-affiliated coastal cities and provinces, within the scope of duties and powers, shall be responsible for carrying out monitoring and assessment of environmental pollution in sea and islands, current conditions of water, sediments, ecosystems and biodiversity of sea and island areas; conducting investigation, statistical work, classification and assessment of waste sources from mainland, activities on sea and islands according to regulations on environmental protection.

2. The Ministry of Natural Resources and Environment shall be responsible for conducting investigation and assessment of loading capacity of environment in areas running high or very high risk of pollution; making public announcement of sea and island areas out of capacity to receive waste; publicize information about sea and island environment according to law provisions;

Article 45: Control of environment pollution from sea activities

1. Hazardous waste from sea activities must be collected, classified, stored, transported and treated according to regulations on environmental protection.

2. Any works, facility on the sea that are no longer used after expiration date must be dismantled and transported to mainland or dumped at sea as prescribed hereof and other relevant law provisions.

3. Owners of vehicles transporting and storing petrol, oil, chemicals, radioactive substances, toxins and other substances running the risk of sea environment emergencies must have a plan for prevention and coping with environmental emergencies, ensuring no leakage, loss and spilling.

4. Wastewater from ships, drilling rigs, and other works and facilities on the sea; oil sludge and mud containing toxic mixtures from petroleum exploration and extraction must be treated to meet technical regulations on environment before being discharged to sea.

5. Ballast water, rinses, washing water, bilge water must be treated to meet technical regulations on environment before being discharged to sea.

6. Discharge of ballast water, rinses, washing water, bilge water and other wastewater from ships is instructed in accordance with regulations of the laws on maritime, environmental protection, relevant law provisions and the international agreements to which the Socialist Republic of Vietnam is a signatory.

7. Solid waste from ships, drilling rigs, works and other facilities on sea must be closely managed under the laws; mud dredged from navigable channels, ports must be transported to mainland or dumped at sea as prescribed hereof and relevant law provisions.

8. Ports must be equipped with a system to receive and process domestic waste, residual oil from vehicles on sea.

9. Waste floating on ocean surface or along the shores must be collected, classified and treated according to regulations on environmental protection and relevant law provisions.

Article 46: Control of sea environment pollution from mainland

1. Waste arising from production, trading and domestic activities on mainland must be treated to meet Technical regulations on environment before being discharged to sea.

2. Positions of discharging treated wastewater to sea must be arranged on the basis of natural conditions of the area of discharge; factors such as dynamics, environment, ecology, biodiversity, natural resources and current conditions of exploitation and use of sea areas.

Positions of discharging wastewater to sanctuaries, beaches, famous landscapes along sea shores must be examined, considered and handled according to the laws on environmental protection.

3. Facilities performing activities of production, trading and services on shoreline areas and islands must be equipped with adequate waste treatment plant to ensure treated waste reaches Technical regulations on environment; current conditions of treatment and discharge of waste to sea must be regularly reported to competent state management agencies as prescribed by the Minister of Natural Resources and Environment.

4. Pollution sources from river basins to sea must be investigated, assess and closely controlled.

Article 47: Control of cross-border sea environment pollution

1. Ministries, ministerial-level agencies, Governmental agencies, People’s committees of central-affiliated coastal cities and provinces, within the scope of duties and powers, shall be responsible for conducting monitoring, early detection, prevention and notification of cross-border sea environmental pollution to the Ministry of Natural Resources and Environment.

2. The Ministry of Natural Resources and Environment as a central agency for controlling cross-border sea environment pollution shall be responsible for presiding over and cooperating with the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Science and Technology and relevant ministries, ministerial-level agencies, People’s committees of central-affiliated coastal cities and provinces in identifying pollution sources and bringing forward handling and remedial measures.

3. The Ministry of Foreign Affairs and the Ministry of Natural Resources and Environment, within their duties and powers, shall be responsible for cooperating with relevant countries and organizations in handling and remedying cross-border sea environmental pollution.

Article 48: Zoning risk of sea and island environment pollution

1. Zoning risk of sea and island environment pollution includes the following activities:

a) Monitor, investigate, collect, update, compile, and handle information, data about sea and island environment;

b) Assessment of risk of sea and island environment pollution;

c) Identify and map risk of sea and island environment pollution;

2. The Ministry of Natural Resources and Environment shall preside over and cooperate with relevant ministries, ministerial-level agencies and People’s committees of central-affiliated coastal cities and provinces in instructing, identifying, assessing and zoning risk of sea and island environment pollution.

Article 49: Level of risk of sea and island environment pollution

1. Risk of pollution are classified into the following levels: Level of risk of pollution serves as the grounds for provision of effective pollution control measures.

2. Areas running the risk of environment pollution are classified into the following levels:

a) Low risk of pollution;

b) Medium risk of pollution;

c) High risk of pollution;

d) Very high risk of pollution;

3. Criteria for classifying risk of pollution include:

a) Level of pollution or risk of pollution;

b) Affected scope;

c) Level of environmental sensitivity; possible damage caused to human health, sea and island ecosystems, other activities, use of natural resources in sea and islands;

4. The Minister of Natural Resources and Environment shall detail criteria for classifying areas running the risk of pollution.

The Ministry of Natural Resources and Environment shall preside over and cooperate with relevant ministries, ministerial-level agencies and People’s committees of central-affiliated coastal cities and provinces in formulating maps of zoned risk of pollution and making the submission to the Prime Minister for approval.

Article 50: Assessment of performance of sea and island environment pollution control

1. Performance of sea and island environment pollution control is assessed through a set of factors.

2. The Ministry of Natural Resources and Environment, ministries, ministerial-level agencies, Governmental agencies, People’s committees of central-affiliated coastal cities and provinces, within the scope of duties and powers, shall be responsible for conducting assessment of pollution control performance; making public disclosure of performance result on their own website.

3. The Minister of Natural Resources and Environment shall detail the set of factors and the assessment of pollution control performance.

Article 51: Reports on current conditions of sea and island environment

1. Reports on current conditions of sea and island environment include current conditions of national sea and island environment, current conditions of sea and island environment at central-affiliated coastal cities and provinces and current conditions of sea and island environment by special subject.

2. Contents of reports, reporting period, authorities and responsibilities for formulating reports are instructed in accordance with regulations on environmental protection.

Section 2: COPING AND REMEDYING OIL AND TOXIC CHEMICAL SPILL

Article 52: Principles of coping and remedying oil and toxic chemical spill

1. Coping and remedying oil and toxic chemical spill are responsibilities of agencies, organizations and individuals.

2. Focus on the task of prevention; take the initiative in constructing plans, investment in equipment, materials, workforce for coping with oil and toxic chemical spill;

3. Incidents of oil and toxic chemical spill must be classified to assign responsibilities for coping.

4. Information about oil and toxic chemical spill must be reported and handled in a timely manner.

5. Mobilize every resource for coping as quick as possible; ensure effective and close coordination among workforces, vehicles and equipment for coping with oil and toxic chemical spill with activities of rescue and relief being prioritized.

6. Ensure safety, prevention and fighting against explosion during the task of coping;

7. Any facility that causes oil and toxic chemical spill shall be responsible for handling the incident, remedying pollution and remediating environment and at the same time making compensation for any damage caused by such incident according to law provisions.

8. Prevention, remedial work and handling of oil and toxic chemical spill are instructed in accordance with regulations on environmental protection and relevant law provisions.

Article 53: Decentralization of coping with incidents of oil and toxic chemical spill

1. Coping with incidents of oil and toxic chemical spill is carried out in three levels:

2. Grass-root level:

a) If the incident occurs at facilities, the owners thereto must organize, command and mobilize workforces, vehicles and equipment for early coping and at the same time make immediate report to governing body, People’s committees of central-affiliated coastal cities and provinces where the incident occurs; if such incident is out of capacity and resources, make immediate report to governing body, People’s committees of central-affiliated coastal cities and provinces where the incident occurs for support;

b) If the incident causes severe pollution or occurs in the area prioritized for protection, running high or very high risk of pollution, the owners must make the report to People’s committees of central-affiliated cities and provinces where the incident occurs and National Search and Rescue Committee for early direction and coping.

3. Regional level:

If the incident is out of capacity with causes not yet determined, presidents of People’s committees of central-affiliated coastal cities and provinces where the incident occurs shall be responsible for giving directions on coping with the incident, and at the same time carrying out urgent mobilization of necessary resources from establishments, sectors and agencies in the administrative divisions for coping.

4. National level:

a) If the incident is out of capacity of localities, People’s committees of central-affiliated coastal cities and provinces shall make immediate report to National Search and Rescue Committee for direction and cooperation with relevant agencies for coping;

b) If the incident is out of capacity of the country's forces, National Search and Rescue Committee shall make proposal to the Prime Minister for consideration and decision on calling for international support;

c) In case the incident causes particularly severe pollution, follow regulations on state of emergency;

Article 54. Identification and public announcement of areas with restricted activities

1. To create favorable conditions for rescue, relief and emergency response, persons in charge should propose areas of restricted activities to pave the way for activities of rescue, relief and emergency response.

2. Identification and public announcement of areas of restricted activities shall be examined and decided by People’s committees of central-affiliated coastal cities and provinces where the incident occurs as proposed by agencies and persons in charge.

3. The Government shall detail identification and public announcement of areas of restricted activities to prioritize activities of rescue, relief and emergency response.

Article 55: Temporary suspension of facilities causing oil and toxic chemical spill

In case facilities causing the incident obstruct remedial work, investigation and identification of the cause, ministries, ministerial-level agencies, People’s committees of central-affiliated coastal cities and provinces, in reliance on their duties and powers, shall decide temporary suspension of operation for facilities that cause the incident.

Article 56: Responsibilities for coping with oil and toxic chemical spill

1. National Search and Rescue Committee shall take the following responsibilities:

a) Preside over direction and implementation of the national plan for emergency response across the country after it is approved by the Prime Minister;

b) Direct and mobilize workforces and vehicles from ministries, sectors, localities, regional emergency response centers to cope with the incident within responsibilities;

c) Cooperate with competent agencies from relevant countries in handling incidents on the territorial waters of Vietnam or waters bordering other countries and make the report to the Prime Minister on ultra vires cases;

2. The Ministry of Natural Resources and Environment shall take the following responsibilities:

a) Preside over and cooperate with the Ministry of Industry and Trade, National Search and Rescue Committee, and relevant ministries, sectors in formulating the Statute on Oil and Toxic Chemical Spill Response and making the submission to the Prime Minister for promulgation; preside over and cooperate with relevant ministries, sectors in promulgating or submitting to competent authorities for promulgation regulations on monitoring and assessment of risks, remedial work and handling of incidents of oil and toxic chemical spill;

b) Cooperate with National Search and Rescue Committee, relevant ministries, sectors and localities in coping with oil and toxic chemical spill;

3. The Ministry of Foreign Affairs shall take the following responsibilities:

a) Direct ministerial agencies, Vietnam’s representative bodies overseas to coordinate handling procedures for Vietnam’s emergency response units participating in international support and foreign response forces in Vietnam at the request of National Search and Rescue Committee;

b) Cooperate with National Search and Rescue Committee and relevant ministries and sectors through diplomacy in exchanging information, transferring requirements for coordination or proposing support for incidents occurring on overseas waters but having effects on Vietnam or incidents occurring within the territorial waters of Vietnam but having effects on overseas waters.

4. The Ministry of National Defense shall be responsible for cooperating and agreeing with National Search and Rescue Committee on construction and implementation of plans for combination of use of workforces and vehicles from Navy, Air Force, Border Force, Coastguards and other forces of the Army for the implementation of the tasks; monitoring and detecting incidents and being ready to participate in emergency response within administrative divisions.

5. Relevant ministries, sectors shall be responsible for directing affiliated agencies and units to organize workforces and vehicles for participating in coping with incidents of oil and toxic chemical spill as mobilized by National Search and Rescue Committee and competent agencies.

6. People’s committees of central-affiliated coast cities and provinces shall be responsible for approving and organizing the implementation of emergency plan; carrying out early directions for coping with incidents within management.

7. Owners of facilities that cause oil and toxic chemical spill must take urgent measures to mobilize workforces, material resources and vehicles for emergency response; ensure safety to people and property; organize rescue of people and property; make immediate notification to local authorities and competent authorities about incidents.

Section 3: SEA DUMPING

Article 57. Requirements for sea dumping

1. Sea dumping shall be allowed under the permit issued by competent state management agencies as prescribed hereof.

2. Physical matters arising outside the territorial waters of Vietnam are not allowed to be dumped in the territorial waters of Vietnam.

3. Sea areas used for dumping must accord with sea-use planning, general planning for exploitation and sustainable use of natural resources in littoral zones.

4. Activities of sea dumping shall not be allowed to adversely affect human health and the country’s potentiality of economic development; minimize adverse effects on the environment and ecosystem.

5. Sea dumping must be closely managed and controlled.

Article 58. Physical matters subject to sea dumping

1. Physical matters subject to sea dumping must satisfy the following requirements:

a) Do not contain radioactive substances, or toxins beyond regulations on radiation safety engineering and Technical regulations on environment;

b) Treated to meet Technical regulations on environment and ensure not to adversely affect human health, environment, ecosystem and aquatic resources;

c) Unable to be dumped, stored or treated on mainland or dumping, storage and treatment on mainland do not bring about socio-economic efficiency;

d) Belong to the list of physical matters subject to sea dumping;

2. The list of physical matters subject to sea dumping shall be prescribed by the Government.

Article 59. Permit for sea dumping

1. Permit for sea dumping (hereinafter referred to as the permit) includes the following information:

a) Name of organizations and individuals granted the permit;

b) Name, weight, size, components of physical matters subject to sea dumping; name, type, weight and components of physical matters subject to sea dumping;

c) Position, borderline, coordinates, areas of sea areas used for sea dumping;

d) Transport vehicles, manner of dumping;

dd) Time and time limit for dumping;

e) Obligations of organizations and individuals granted the permit;

g) Effect

2. Validity period of the permit shall be considered on the basis of physical matters subject to sea dumping, scale and nature of dumping, and areas used for dumping and last no more than two years. Extension is allowed once but no more than one (01) year.

Article 60. Issuance, re-issuance, extension, supplements, amendments, returning and revocation of the permit

1. The Minister of Natural Resources and Environment shall grant the permit for sea areas (used for dumping) that have part or whole of the area lying outside littoral zones or areas bordering two central-affiliated coastal cities and provinces.

2. People’s committees of central-affiliated coastal cities and provinces shall grant the permit for littoral zones within their own management except cases within the management of the Minister of Natural Resources and Environment as prescribed in Clause 1 of this Article.

3. Competent agencies that grant the permit for a certain sea area shall have the right to re-issue, extend, supplement, amend, return or revoke the permit for such area.

4. Issuance, re-issuance, extension, supplements, amendments, returning and revocation of the permit shall be detailed by the Government.

Article 61. Rights and obligations of organizations and individuals granted the permit

1. Organizations and individuals granted the permit shall have the following rights:

a) Carry out dumping at sea as prescribed in the permit;

b) Enjoy protection of lawful rights and interests by the State;

c) Request organizations and individuals that cause damage to their lawful rights and interests in dumping to compensate for damage caused according to law provisions;

d) Make request to competent state management agencies that grant the permit for re-issuance, extension, amendments, supplements and returning the permit according to law provisions;

dd) Make complaints, and take legal proceedings against violations of their own lawful rights and interests in sea dumping according to law provisions;

e) Other rights according to law provisions;

2. Organizations and individuals granted the permit shall have the following obligations:

a) Comply with regulations of the law on management of natural resources and environment of sea and islands and the permit;

b) Pay fees, charges for issuance of the permit and for use of sea areas for dumping according to law provisions;

c) Comply with technical regulations concerning activities of dumping during the dumping period;

d) Do not obstruct or cause damage to lawful exploitation and use of natural resources at sea by other organizations and individuals;

dd) Provide adequate and authentic data and information on activities of dumping at the request of competent state agencies;

e) Take measures to ensure safety, prevent and cope with environmental emergencies caused by their own dumping activities according to law provisions;

g) Conduct monitoring and supervision of sea environment, communication and reporting regime on sea dumping activities according to law provisions;

h) Compensate for losses to organizations or individuals suffering the damage caused by irregular dumping activities;

i) Other obligations according to law provisions;

Article 62. Control of sea dumping

1. Organizations and individuals granted the permit must make registration, install movement monitoring devices, and record all dumping activities to facilitate the investigation and supervision of competent state management agencies and sea patrol forces.

2. In case physical matters subject to sea dumping are loaded at a port, authorities of such port shall be responsible for inspecting physical matters to ensure they are in conformity with the permit before permitting them to leave the port.

3. Competent agencies (that grant the permit) and sea patrol forces shall carry out investigation, inspection and supervision of dumping activities and handle violations according to law provisions.

Article 63. Dumping outside territorial waters of Vietnam causing damage to natural resources and environment of Vietnam’s sea and island

Organizations and individuals at home or abroad that carry out dumping outside the territorial waters of Vietnam causing damage to the environment, ecosystem and socio-economic development within Vietnam’s sea and islands shall be responsible for compensating for losses caused or return all expenses for investigation, research, assessment of damage, implementation of solutions of remediation of environment and ecosystem and other expenses according to the laws of Vietnam and the international agreements to which the Socialist Republic of Vietnam is a signatory.