Chương III Nghị định 19/2015/NĐ-CP: Kiểm soát ô nhiễm môi trường đất

Chapter III

CONTROL OF LAND ENVIRONMENT POLLUTION

Article 11. Identifying, listing, assessing and controlling factors prone to cause land environment pollution

1. The factors prone to cause land environment pollution to be identified, listed, assessed and controlled are the pollutants generated from:

a) Natural process: Climate change, flooding, saltwater intrusion, desertification, deposition of pollutants from the atmospheric circulation, natural disasters and natural weathering;

b) Human activities: Activities generate intentional or unintentional chemicals; wastes from agricultural, industrial production, business, services, livelihood; mineral extraction and processing; recycling and waste treatment; retention and residues of plant protection chemicals and chemical warfare agents.

2. The control of factors prone to cause land environment pollution must be done as follows:

a) Application of preventive measures and restricting effects on environment from the generating sources;

b) Regular monitoring and supervision;

c) Timely isolation and treatment upon signs of environmental pollution.

3. The Ministry of Natural Resources and Environment shall take charge and coordinate with the Ministries, sectors and localities in review and aggregation and request the Prime Minister to issue the List of sources, business and production facilities and services generating factors of land environment pollution to be strictly controlled; provide instructions on listing, assessment, identification and preventive and controlling measures over the factors prone to cause land environment pollution.

Article 12. Control of land environment pollution at services, business and production facilities

1. The services, business and production facilities must take measures to strictly monitor and supervise stages and areas generating factors prone to cause land environment pollution; promptly detect, isolate and handle factors prone to cause land environment pollution upon signs of pollution; prepare and carry out plan for prevention and response to environmental incidents under regulations of law.

2. The following facilities must observe the quality of land environment periodically and report the result to the environmental management under regulations of the Ministry of Natural Resources and Environment:

a) Waste treatment facilities;

b) Mineral extraction facilities;

c) Chemical production facilities and services, business and production facilities using hazardous chemicals of the List of waste observation issued by the Ministry of Natural Resources and Environment as stipulated in Clause 2, Article 121 of the Law on environmental pollution.

3. Upon transfer of land use right, the receiver of land use right has the right to request the transferer of land use right to provide information on the quality of land environment in the area of transfer of land use right.

4. The facilities specified in Clause 2 of this Article, upon transfer of purpose of land use to residential land or commercial land, must assess the quality of land environment and make public the information between the subjects using land. The quality of land environment must be certified by the agency having the authority to approve the report on the environmental impact or by the agency having the authority to certify the environmental protection plan in accordance with the purpose of use as residential land or commercial land. Where the quality of land in the area of transfer of purpose of use does not consist with the purpose of use as residential land or commercial land, the person who is using the land and the person who will use the land for the purpose of residential land or commercial land must have plan for land environment treatment to consist with the purpose of use.

Article 13. Control of land environment pollution in the areas polluted with chemical warfare agents, residues of plant protection chemicals and other hazardous substances

1. The polluted land areas under the treatment responsibility of the State include:

a) The area of land environment pollution due to chemical warfare agents;

b) The area of land environment pollution due to residues of plant protection chemicals

c) The area of land environment pollution without identified pollutants.

2. The control of land environment pollution under the treatment responsibility of the State and must be done as follows:

a) Listing and preliminarily surveying the polluted areas and assessing the preliminary risks;

b) Surveying in detail, determing scope, extent of pollution and assessing risks of pollution;

c) Developing models and solutions to pollution treatment and environmental renovation and restoration;

d) Zoning, isolating, treating, renovating and restoring environment as per approved solutions.

dd) Peforming survey and monitoring after the environmental treatment, renovation and restoration.

3. The provincial People’s Committee shall prepare plan for environmental treatment, renovation and restoration for the subjects specified in Clause 1 of this Article to be submitted to the Ministry of Natural Resources and Environment for assessment and approval.

Where the organizations and individuals need the environmental treatment, renovation and restoration for other purposes of use, they must prepare the plan for the environmental treatment, renovation and restoration to be submitted to the provincial People’s Committee for assessment, approval, inspection and certification of completion of environmental renovation and restoration before land use.

4. The facilities named in the list specified in Clause 3, Article 11 of this Decree not being the subjects specified in Clause 1 of this Article must organize the survey, assessment, zoning, treatment and restoration upon occurrence of land environment pollution.

5. The quality of land environment in areas polluted with chemical warfare agents, residues of plant protection chemicals and other hazardous chemicals must be publicized to the related organizations and individuals.

Article 14. Responsibilities for control of land environment pollution of agencies

1. Ministry of Natural Resources and Environment:

a) Develops regulations and instructions on assessing the receipt capacity of land environment as per the purpose of use;

b) Issues the instructions on identification, listing, assessment, zoning and control of factors prone to cause land environment pollution, provides information on quality of land environment, certifies the quality of land in areas of transfer of purpose of land use to residential land or commercial land specified in Clause 4, Article 12 of this Decree;

c) Develops and updates the national information system on areas with polluted land and control of land environment pollution;

d) Aggregates and publicizes the quality of land environment and factors prone to cause land environment pollution nationwide;

dd) Provides method for publicizing information about the quality of land environment.

2. The Ministry of Defense, Ministry of Public Security shall take charge and coordinate with the provincial People's Committee to conduct a survey and do statistics of information about the quality of land environment of land used for national defense and security and send the results to the Ministry of Natural Resources and Environment for synthesis; organizes the treatment of areas with polluted land under their management.

3. Provincial People's Committee:

a) Organizes survey, assessment and publicizes information about factors prone to cause land environment pollution in the areas; observes the quality of land environment in public areas;

b) Publicizes information about the quality of land environment (map, report on assessment of land quality, land degradation and land pollution) under regulations of law on land; updates information on the control of land environment pollution in the areas in the national information system on control of land environment pollution.

c) Issues the warning towards the areas with the land quality inconsistent with the purpose of use; monitors and supervises the preparation and implementation of plan for treatment, renovation and restoration of land environment to consist with the purpose of use of land users or polluters named in the list specified in Clause 3, Article 11 of this Decree.

d) Implements the treatment of areas with polluted land