Chương XI Nghị định 08/2022/NĐ-CP : Nguồn lực bảo vệ môi trường

Chapter XI

RESOURCES FOR ENVIRONMENTAL PROTECTION

Article 151. Environmental protection activities within jurisdiction of central government

1. Manage waste, assist in treating waste, including investigating, assessing and controlling sources of waste polluting the environment on the inter-provincial and inter-regional scale; make a list of waste; establish criteria concerning waste treatment technology and techniques within the central government’s jurisdiction.

2. Carry out environmental remediation and improvement, including:

Eliminating environmental pollution, improving and remediating environment in areas where environmental pollution caused by a historic event occurs or in the case of failure to identify the entity causing pollution, consisting of areas contaminated with chemical residues during the war; areas contaminated with agrochemical residues; other soil pollution areas within the central government’s treatment jurisdiction; eliminating inter-provincial river and lake surface water pollution.

3. Build technical infrastructure for environmental protection; equipment for environmental protection; environmental monitoring, including:

a) Investment in construction of information technology infrastructure, environment and climate change databases; central government’s technical infrastructure for environmental monitoring; procurement, repair and upgrading of equipment and vehicles for environmental protection within the central government’s jurisdiction according to the investment projects;

b) Procurement of replacement equipment; maintenance and operation of equipment and vehicles for environmental protection within the central government’s jurisdiction;

c) Operation of the environmental monitoring system in accordance with the comprehensive planning for national environmental monitoring and environmental monitoring in service of management of industries and fields (including operation, care, maintenance, repair, calibration and inspection).

4. Carry out inspection and supervision of environmental protection and adaptation to climate change within the central government’s jurisdiction and under decisions of competent authorities.

5. Conserve nature and biodiversity; protect environment of natural heritage site; respond to climate change, including:

a) Carrying out investigation, survey, assessment, management and environmental protection of natural heritage sites; establishing, appraising and recognizing natural heritage sites; assisting in management and environmental protection of natural heritage sites within the central government’s jurisdiction;

b) Investing in conservation and sustainable development of biodiversity as prescribed in clause 2 Article 73 of the Law on Biodiversity within the central government’s jurisdiction;

c) Conserving and sustainably developing biodiversity as prescribed in clause 3 Article 73 of the Law on Biodiversity within the central government’s jurisdiction (except for formulating and appraising the biodiversity conservation planning);

d) Investigating, surveying, aggregating operation figures serving inventory of greenhouse gas (GHG), assessing GHG emissions at the national, sectoral and internal levels, making a list of industries and facilities emitting GHG which are required to inventory GHGs; building and operating systems for measurement, reporting and verification of mitigation of GHG emissions at national, sectoral, industry and internal level; preparing national and industry-level GHG inventory reports; formulating national and industry-level GHG mitigation plans; formulating national consolidated report on GHG emissions mitigation, industry-level report on GHG emissions mitigation; allocation of GHG emissions quotas;

dd) Developing domestic carbon market;

e) Formulating a national climate change adaptation plan; building national and industry-level systems for supervising and assessing climate change adaptation; establishing criteria for determining climate adaptation projects and tasks; establishing criteria for assessing climate risks; preparing national and industry-level reports on assessment of impacts, vulnerabilities, risks, loss and damaged caused by climate change;

g) Investigating, producing statistics on, supervising, assessing and compiling a list of ozone-depleting substances and GHGs within the central government’s jurisdiction;

h) Investing in projects on degraded ecosystem restoration and biodiversity conservation; investing in projects on transformation of technologies for eliminating and minimizing controlled ozone-depleting substances and GHGs, adaptation to climate change and mitigation of GHG emissions under the central government’s duty.

6. Scientific research, development, transfer and application of environmental technology, adaptation to climate change and protection of the ozone layer shall comply with regulations of law on science and technology and law on technology transfer.

7. Communicate information about and raise awareness of environmental protection; provide environmental education; spread knowledge and disseminate the law on environmental protection, including:

a) Communicating, providing training to increase awareness and knowledge of environmental protection; disseminating the law on environmental protection and adaptation to climate change; awarding prizes for environmental protection and climate change adaptation to individuals, organizations and communities in accordance with law;

b) Assessing, reviewing and supervising the compliance with the law on environmental protection;

c) Providing education about environmental protection and adaptation to climate change within the central government’s jurisdiction.

8. Develop international integration and international cooperation in environmental protection, including:

a) Signing and implementing treaties and international agreements on environmental protection, adaptation to climate change and protection of the ozone layer;

b) Paying annual contributions and other contributions (if any) in accordance with Vietnamese law, international law and commitments specified in treaties and international agreements on the environment, adaptation to climate change and protection of the ozone layer in line with Vietnam's international commitments;

c) Reciprocal capital for programs and projects funded by ODA, aid in environmental protection, adaptation to climate change and protection of the ozone layer prescribed by law.

9. Other state management activities in relation to environmental protection under the central government’s duty in accordance with law, including:

a) Formulating and adjusting strategies, plans, technical regulations, processes, technical guidelines, economic-technical norms, programs, schemes and projects on environmental protection and adaptation to climate change;

b) Formulating, appraising, approving and adjusting the comprehensive planning for national environmental monitoring; assessing the national environmental protection planning, national biodiversity conservation planning and comprehensive planning for national environmental monitoring; assessing orientations for environmental protection and biodiversity conservation in the regional planning in accordance with the law on planning;

c) Formulating, appraising, approving, announcing and adjusting the national environmental monitoring and national biodiversity conservation planning in accordance with the law on planning;

d) Implementing the national environmental protection planning, national biodiversity conservation planning and comprehensive planning for national environmental monitoring;

dd) Assessment and prediction of surface water and sediment quality, carrying capacity of surface water environment for inter-provincial rivers and lakes; inventory and assessment of waste sources and degree of inter-provincial river and lake pollution; assessment and prediction of inter-provincial, inter-regional and cross-border air quality; investigating, assessing, classifying, warning and controlling soil pollution areas within the central government’s jurisdiction;

e) Receiving, verifying and handling feedback and recommendations of organizations, individuals and residential communities on environmental protection;

g) Preventing and responding to national environmental emergencies;

h) Managing and disclosing environmental information; operating environmental information systems, environmental databases and climate change adaptation databases (including receiving, processing and exchanging information, maintaining, repairing and replacing information and data storage devices); updating and assessing statistical indicators and making environmental reports and climate change adaptation reports; evaluating and ranking environmental protection results;

i) Piloting, carrying out review and assessment to provide guidance on environmental protection and climate change adaptation models;

k) Carrying out assessment in service of certification and confirmation of environmental protection as prescribed by law;

l) Operations of the Executive Board and the Standing Office for Environmental Protection decided by the competent authority;

m) Operations of the Steering Committee, organization of conferences on environmental protection and adaptation to climate change under decisions of competent authorities and other administrative tasks in support of environmental protection and adaptation to climate change;

n) Providing charter capital and adding charter capital to VEPF;

o) Other frequent expenditure state management activities in relation to environmental protection and adaptation to climate change within the central government’s jurisdiction prescribed by law; other environmental protection activities decided by the Prime Minister.

Article 152. Environmental protection activities within jurisdiction of local government

1. Manage waste and assist in treating waste, including:

a) Investigating, producing statistics on, assessing degree of environmental pollution, monitoring changes in environmental quality, making a list of pollutants, solid waste and pollution sources; assessing and predicting the generation, collection and treatment of domestic solid waste within the local government’s jurisdiction;

b) Assisting in classifying at source, collecting, transporting and treating domestic solid waste and treating other types of waste generated in the localities within the local government’s jurisdiction;

c) Constructing and assisting in the construction of public sanitation facilities, vehicles and equipment for collection, management and treatment of waste in public areas; in situ wastewater treatment works and equipment;

d) Building, repairing and renovating environmental protection infrastructure of craft villages within the local government’s jurisdiction.

2. Carry out environmental remediation and improvement, including:

Eliminating environmental pollution, improving and remediating environment in areas where environmental pollution caused by a historic event occurs or in the case of failure to identify the entity causing pollution, consisting of areas contaminated with chemical residues during the war; areas contaminated with agrochemical residues; other soil pollution areas in the localities within the central government’s treatment jurisdiction; eliminating river and lake surface water pollution in the localities within the central government’s treatment jurisdiction.

3. Build technical infrastructure for environmental protection; equipment for environmental protection; environmental monitoring, including:

a) Investment projects on construction, renovation and upgrading of systems for collection and storage, transfer stations, aggregation areas, technical infrastructure of centralized solid waste and hazardous waste treatment areas, wastewater treatment systems, domestic waste landfills in localities; public works and equipment in service of domestic solid waste management in localities; investment in public sanitation facilities, in situ wastewater treatment works satisfying the environmental protection requirements which are managed by local authorities. For a project under the management of an enterprise, organization or individual, the funding for execution thereof shall be covered by such enterprise, organization or individual instead of being covered by the state budget;

b) Investment in construction of information technology infrastructure, environment and climate change databases; local authorities’ technical infrastructure for environmental monitoring; procurement, repair and upgrading of equipment and vehicles for environmental protection within the local government’s jurisdiction according to the investment projects;

c) Procurement of replacement equipment; maintenance and operation of equipment and vehicles for environmental protection within the local government’s jurisdiction;

d) Operation of the environmental monitoring system in accordance with the provincial planning (including operation, care, maintenance, repair, calibration and inspection).

4. Carry out inspection and supervision of environmental protection and adaptation to climate change within the local government’s jurisdiction and under decisions of competent authorities.

5. Conserve nature and biodiversity; protect environment of natural heritage site; respond to climate change, including:

a) Carrying out investigation, survey, assessment, management and environmental protection of natural heritage sites; establishing, appraising and recognizing natural heritage sites under the local government’s duty;

b) Investing in conservation and sustainable development of biodiversity as prescribed in clause 2 Article 73 of the Law on Biodiversity within the local government’s jurisdiction;

c) Conserving and sustainably developing biodiversity as prescribed in clause 3 Article 73 of the Law on Biodiversity (except for formulating and appraising the biodiversity conservation planning) within the central government’s jurisdiction;

d) Investigating, surveying, aggregating operation figures serving inventory of greenhouse gas at the national and sectoral levels; updating the list of facilities emitting GHG which are required to inventory GHGs; building and operating provincial systems for measurement, reporting and verification of mitigation of GHG emissions;

dd) Developing domestic carbon market;

e) Building provincial systems for supervision and assessment of climate change adaptation; making provincial reports on assessment of impacts, vulnerabilities, risks, loss and damaged caused by climate change;

g) Investigating, producing statistics on, supervising, assessing and compiling a list of ozone-depleting substances and GHGs in localities;

h) Investing in projects on degraded ecosystem restoration and biodiversity conservation; investing in projects on transformation of technologies for eliminating and minimizing controlled ozone-depleting substances and GHGs, climate change adaptation and mitigation of GHG emissions within the local government’s jurisdiction.

6. Scientific research, development, transfer and application of environmental technology, adaptation to climate change and protection of the ozone layer shall comply with regulations of law on science and technology and law on technology transfer.

7. Communicate information about and raise awareness of environmental protection; provide environmental education; spread knowledge and disseminate the law on environmental protection, including:

a) Communicating, providing training to increase awareness and knowledge of environmental protection; disseminating the law on environmental protection and response to climate change; awarding prizes for environmental protection and climate change adaptation to individuals, organizations and communities in accordance with law;

b) Assessing, reviewing and supervising the compliance with the law on environmental protection;

c) Providing education about environmental protection and adaptation to climate change within the central government’s jurisdiction.

8. Develop international integration and international cooperation in environmental protection, including:

a) Cooperating in the signature and implementation of treaties to which Vietnam is a signatory at the request of a competent central authority; signing and implementing international agreements on environmental protection, conservation of nature and biodiversity and adaptation to climate change and protection of the ozone layer;

b) Reciprocal capital for programs and projects funded by ODA, aid in environmental protection, adaptation to climate change and protection of the ozone layer prescribed by law.

9. Other state management activities in relation to environmental protection within the local government’s jurisdiction in accordance with law, including:

a) Formulating and adjusting strategies, plans, technical regulations, processes, technical guidelines, economic-technical norms, programs, schemes and projects on environmental protection and adaptation to climate change;

b) Assessing the implementation of the plan for environmental protection and nature and biodiversity conservation in accordance with the provincial planning;

c) Assessment and prediction of surface water and sediment quality, carrying capacity of surface water environment for local rivers and lakes; inventory and assessment of waste sources and levels of local river and lake pollution; assessment and prediction of local air quality; investigating, assessing, determining and zoning in areas at risk of soil pollution and soil pollution areas in localities;

d) Receiving, verifying and handling feedback and recommendations of organizations, individuals and residential communities on environmental protection; organizing conferences serving environmental protection and adaptation to climate change;

dd) Preventing and responding to national environmental emergencies;

e) Managing and disclosing environmental information; operating environmental information systems, environmental databases and climate change adaptation databases (including receiving, processing and exchanging information, maintaining, repairing and replacing information and data storage devices); updating and assessing statistical indicators and making environmental reports and climate change adaptation reports; evaluating and ranking environmental protection results;

g) Producing environmental protection and climate change adaptation models;

h) Carrying out assessment in service of confirmation of environmental protection as prescribed by law;

i) Operations of the Executive Board and the Standing Office for Environmental Protection decided by the competent authority;

k) Operations of the Steering Committee, organization of conferences on environmental protection and adaptation to climate change under decisions of competent authorities and other administrative tasks in support of environmental protection and adaptation to climate change;

l) Providing charter capital and adding charter capital to the provincial environment protection fund;

m) Other frequent expenditure state management activities in relation to environmental protection and adaptation to climate change within the local government’s jurisdiction prescribed by law; other environmental protection activities decided by the Prime Minister.

The provincial People’s Committee shall request the provincial People’s Council to make a decision on specific expenditures on environmental protection activities to be covered by local government budgets.

Article 153. Resources for performing environmental protection tasks

1. State budget for covering current expenditures on environmental protection:

a) Expenditures on environmental protection:

Expenditures on performing the central government’s tasks specified in Article 151 of this Decree, including: clause 1; clause 2 including investigation, survey and assessment of degree of environmental pollution, environmental elimination (excluding investment projects under the Law on Public Investment); points b and c clause 3; clause 4; points a and c (except for points d and g clause 3, Article 73 of the Law on Biodiversity), d, dd, e and g clause 5; point a clause 7; points a and c (reciprocal capital for environment service projects funded by aid) clause 8; points a, b, dd, e, g, h, i, k and l clause 9.

Expenditures on performing the local government’s tasks specified in Article 152 of this Decree, including: points a and b clause 1; clause 2 including investigation, survey and assessment of degree of environmental pollution, environmental elimination (excluding investment projects under the Law on Public Investment); points b and d clause 3; clause 4; points a and c (except for points d and g clause 3, Article 73 of the Law on Biodiversity), points d, dd, e and g clause 5; point a clause 7; points a and c (reciprocal capital for environment service projects funded by aid) clause 8; points a, b, dd, e, g, h, i, k and l clause 9.

b) Expenditures on economic activities:

Expenditures on performing the central government’s tasks specified in point c (point d clause 3, Article 73 of the Law on Biodiversity) clause 5 Article 151 of this Decree and the local government’s tasks (point d clause 3, Article 73 of the Law on Biodiversity) clause 5 Article 152 of this Decree;

c) Expenditures on education and training:

Expenditures on performing the central government’s tasks specified in Article 151 of this Decree, including point c (point g clause 3, Article 73 of the Law on Biodiversity) clause 5 and point c clause 7.

Expenditures on performing the local government’s tasks specified in Article 152 of this Decree, including point c (point g clause 3, Article 73 of the Law on Biodiversity) clause 5 and point c clause 7;

d) Expenditures on science and technology:

Expenditures on performing the central government’s tasks specified in clause 6 Article 151 of this Decree and the local government’s tasks specified in clause 6 Article 152 of this Decree;

dd) Expenditures on administrative management:

Expenditures on performing the central government’s tasks specified in Article 151 of this Decree, including point b clause 7; point b clause 8 and point m clause 9.

Expenditures on performing the local government’s tasks specified in Article 152 of this Decree, including point b clause 7 and point k clause 9.

2. State budget for covering development investment expenditures on environmental protection:

a) Expenditures on performing the central government’s tasks specified in Article 151 of this Decree, including clause 2 (according to the investment projects), point a clause 3, points b and h clause 5, point c clause 8 (reciprocal capital for investment projects funded by aid), points c and n clause 9;

b) Expenditures on performing the local government’s tasks specified in Article 152 of this Decree, including points c and d clause 1, clause 2 (according to the investment projects), points a and b clause 3, points b and h clause 5, point b clause 8 (reciprocal capital for investment projects funded by aid), point l clause 9.

3. The resources for implementation of the planning specified in point d clause 9 Article 151 of this Decree shall be decided by the competent authority in accordance with regulations of law on public investment and law on state budget; the resources for performance of the tasks specified in point o clause 9 Article 151 and point m clause 9 Article 152 of this Decree shall be decided by the Prime Minister.

4. Private capital for environmental protection:

a) Capital of enterprises, organizations and individuals participating in environmental protection;

b) Contributions, sponsorships and aid from organizations and individuals prescribed by law;

c) Other revenue prescribed by law (if any).

The raising of private capital for performance of the environmental protection tasks specified in Articles 151 and 152 of this Decree shall be subject to regulations of law on environmental protection and other relevant regulations of law, except for the tasks specified in points a, b and c clause 9 Article 151, points a and b clause 9 Article 151, environmental protection tasks in the field of national defense and security, tasks performed in a manner that guards state secrets.

5. The Ministry of Finance shall promulgate or request a competent authority to promulgate guidelines for making state budget estimates and allocating state budget for environmental protection in accordance with regulations of law on state budget and law on environmental protection; provide guidance on specific expenditures and methods for making estimates of expenditures on environmental protection.

Article 154. Projects entitled to be granted green credit and issue green bonds

1. The investment projects involving environmental protection, investment projects offering environmental benefits specified clause 1 Article 149 or clause 2 Article 150 of the LEP and under regulations of this Decree are entitled to be granted green credit and issue green bonds.

2. MONRE shall preside over and cooperate with other Ministries and ministerial agencies concerned in establishing and submitting to the Prime Minister for promulgation of environmental criteria and confirmation of projects entitled to be granted green credit and issue green bonds (hereinafter referred to as “the green list”) before December 31, 2022.

3. The confirmation of whether a project is included in the green list as specified in clause 2 of this Article shall be carried out at the request of the project owner and issuer of green bonds that wishes to seek confirmation to receive the State’s green credit and green bond incentives and assistance according to regulations of this Decree.

Article 155. Mechanisms for encouraging grant of green credit

1. Credit institutions and foreign branch banks in Vietnam are encouraged to prioritize allocation of sources of capital for sponsoring or granting concessional loans to projects in the green list.

2. Credit institutions and foreign branch banks in Vietnam granting green credit shall be entitled to the following encouragement mechanisms:

a) Be entitled to priority when applying for concessional loans from the Government, international organizations and development partners;

b) Be entitled to competent authorities’ assistance in training in grant of green credit.

Article 156. Roadmap for implementation of green credit

1. According to the task in assisting in socio-economic development, the State Bank of Vietnam shall direct and instruct credit institutions and foreign branch banks in Vietnam to provide appropriate capital for granting concessional loans, thereby encouraging project owners to execute projects in the green list specified in clause 2 Article 154 of this Decree.

2. The Ministry of Finance, Ministry of Planning and Investment and State Bank of Vietnam shall, within their jurisdiction, assist credit institutions and foreign branch banks in Vietnam to receive foreign aid and concessional loans in order to sponsor the projects in the green list specified in clause 2 Article 154 of this Decree in accordance with regulations of law on state budget, public investment and other relevant regulations of law.

3. In consideration of available budget and actual credit extension by the banking system to the projects in the green list, the Ministry of Planning and Investment shall preside over and cooperate with Ministries and ministerial agencies concerned in formulating and submitting to the Prime Minister for decision to provide interest rate subsidies to the projects in the green list after terminating the medium- and long-term loan agreements at the credit institutions and foreign bank branches in Vietnam for implementation from January 01, 2026.

Article 157. Green bonds

1. Green bonds are bonds issued by the Government, local governments and enterprises to raise capital for the projects in the green list specified in Article 154 of this Decree.

2. The issuance of green bonds shall be subject to regulations of law on issuance of bonds, LEP and regulations of this Decree.

3. Proceeds from issuance of green bonds shall be used to execute the projects in the green list as prescribed in clause 2 Article 150 of the LEP.

4. According to the regulations set out in clauses 1 and 2 Article 154 of this Decree, the Ministry of Planning and Investment shall provide guidelines for classifying projects in the green list to be included in the public investment portfolio when preparing medium-term and annual public investment plans to form a basis for the Government and local governments to make a selection when issuing green bonds.

5. Every green bond issuer shall provide and disclose information in accordance with regulations of law on issuance of bonds and disclose information as prescribed in clauses 6 and 7 of this Article.

6. On an annual basis, on the bond’s maturity date, every green bond issuer shall disclose and provide information on the impact assessment of projects funded by capital from green bonds on the environment as follows:

a) The information to be provided includes decision on approval of EIAR appraisal result (if any), environmental license (if any); results of assessment of environmental benefits offered by projects using green bonds specified in clause 2 Article 150 of the LEP and clause 2 Article 154 of this Decree;

b) Every enterprise issuing green bonds shall disclose information according to regulations of law on issuance of corporate bonds and point a of this clause;

c) Every owner of the investment project using capital from green bonds issued by the Government and local government shall provide the information specified in point a of this clause to the State Treasury (for green bonds issued by the Government) and the provincial People’s Committee (for green bonds issued by the local government) for publishing thereof on the website of the State Treasury and provincial People’s Committee.

7. Regulations on disclosure of information and reporting of management and disbursement of capital raised from issuance of green bonds:

a) The bond issuer which is an enterprise shall comply with regulations on reporting and disclosure of information about management and disbursement of capital raised from issuance of green bonds according to regulations of law on issuance of corporate bonds;

b) On an annual basis, the State Treasury and provincial People’s Committees shall disclose information about disbursement of capital to the projects in the green list using capital raised from issuance of green bonds issued by the Government and local governments on their website.

8. Green bond issuers and investors are entitled to receive the following incentives:

a) Receive incentives for service prices according to regulations of law on prices of securities services and other incentives and assistance as prescribed by law;

b) Regarding investment projects using capital raised from issuance of green bonds issued by the Government and local governments, be entitled to receive sufficient capital according to the project progress in the medium-term and annual investment public plans.

Article 158. Sources of operating capital of VEPF

1. Equity, including:

a) Charter capital which is at least 3,000 billion dong generated from the following sources: funding derived from state budget and development investment fund before the effective date of this Decree; extra funding from the development investment fund; state funding from public investment sources prescribed by law.

The change in charter capital of the VEPF shall be decided by the Prime Minister.

b) Development investment fund;

c) Other capital under the VEPF’s ownership as prescribed by law.

2. Other capital, including domestic and foreign organizations and individuals’ sponsorships, assistance, voluntary contributions and authorized investments for environmental protection and climate change adaptation; VEPF’s operating capital provided by the competent authority before the effective date of this Decree; other sources of capital prescribed by law.

3. The Prime Minister shall decide the organizational structure, operation and financial mechanism of the VEPF.

Article 159. Sources of operating capital of provincial environment protection funds

1. Equity, including:

a) Charter capital which is at least 30 billion dong. For an operating fund whose charter capital is less than 30 billion dong, there must be a roadmap for increasing the charter capital within 05 years from the effective date of this Decree. The charter capital is generated from the following sources: funding derived from state budget and development investment fund before the effective date of this Decree; extra funding from the development investment fund; state funding from public investment sources prescribed by law.

The change in charter capital of a provincial environment protection fund shall be decided by the Chairman/Chairwoman of the provincial People’s Committee.

b) Development investment fund;

c) Other capital under the fund’s ownership as prescribed by law.

2. Other capital, including domestic and foreign organizations and individuals’ sponsorships, assistance, voluntary contributions and authorized investments for environmental protection and climate change adaptation; VEPF’s operating capital provided by the competent authority before the effective date of this Decree; other sources of capital prescribed by law.

3. Chairmen/Chairwomen of provincial People’s Committees shall decide the organizational structures, operation and financial mechanisms of the provincial environment protection funds.