Chương VIII Nghị định 19/2015/NĐ-CP: Cộng đồng dân cư tham gia bảo vệ môi trường

Chapter VIII

RESIDENTIAL COMMUNITY PARTICIPATING IN ENVIRONMENTAL PROTECTION

Article 50. Representative of residential community

1. The residential community can choose organizations or individuals as representative of residential community through the meeting of all or representative of family household in the residential community.

2. Organizations or individuals accepting to be the representative of residential community shall carry out activities within the scope authorized by the community and take responsibility before the residential community and the law for their activities.

Article 51. Providing environmental information for the residential community

1. The environmental information is provided at least once a year periodically, including:

a) Legal normative document on environment;

b) Report on the reality of national and local environment; specialized environmental reports made and publicized by the state management authorities on natural resources and environment;

c) List of facilities causing severe environmental pollution, areas with severely polluted or degraded environment, areas prone to environmental incidents made and publicized by the state management authorities on natural resources and environment;

d) List and information on waste sources and types of waste prone to cause harm to human health and environment prepared and publicized by the state management authorities on natural resources and environment;

dd) Publications and printed matters on environmental themes and environmental communication materials and relevant issues;

e) Result of inspection, examination and handling of violation of the services, business and production facilities in the residential area;

g) Environmental protection activities of the services, business and production facilities in the residential area;

h) License related to the extraction, use and protection of natural resources and environment of the services, business and production facilities in the residential area;

2. The environmental information is provided by one of the following forms:

a) Materials, printed matters and publications whose issuing address is widely announced on mass media;

b) Posted on official websites of the state management authorities on natural resources and environment; the owner of projects or the services, business and production facilities;

c) Publicly posted at the services, business and production facilities and office of communal People’s Committee;

d) Organization of press conference for public announcement;

dd) Meeting held for information dissemination to the residential community;

e) Other forms under regulations of law.

3. The time for information publication in the form specified at Point b and c, Clause 2 of this Article is no less than 30 days.

4. Responsibility for supply of environmental information to residential community:

a) The environmental state management authoritites are responsible for providing information specified from Point a to Point e, Clause 1 of this Article;

b) The services, business and production facilities are responsible for providing information specified under Point g and Point h, Clause 1 of this Article.

Article 52. Consultation and supervision of residential community  on environment

1. The following guidelines and policies of the state need consultation and supervision of residential community  on environment before decision:

a) Developing strategies, planning, plans, programs and schemes of environmental protection at national, regional, inter-regional and provincial level;

b) Developing legal normative documents on environment;

c) Establishing environmental indicators in social-economic development strategies, planning, and plan at national, regional, inter-regional and provincial level;

2. Before deciding the guidelines and policies specified in Clause 1 of this Article, the competent state management authorities must consult the residential community about environment by publicizing the draft documents on their websites or mass media.

3. The state management authorities on natural resources and environment shall receive and process the environmental consultation opinions of the residential community and gives the feedback to the community on accepting or not accepting such environmental consultation opinions of the residential community through the forms specified in Clause 2, Article 51 of this Decree.

4. Consultion about strategic environmental assessment and environmental impact assessment shall be carried out under regulations of law on strategic environmental assessment and environmental impact assessment.

5. Public investment supervision on environmental protection of community is done under the law on public investment.

Article 53. Assessing the result of environmental protection of the services, business and production facilities

1. The representatives of residential community have the right to participating in assessing the result of environmental protection to the following subjects:

a) Project owners in implementation of approved reports on environmental impact assessment and implementation of contents of licenses related to the exploitation, use and protection of natural resources and environment;

b) Organizations and individuals in taking remedial measures in decision on sanctioning of administrative violation on environmental protection and implementation of contents of licenses related to the exploitation, use and protection of natural resources and environment;

c) The services, business and production facilities in the implementation of environmental protection commitments or environmental protection plan; implementation of contents of licenses related to the exploitation, use and protection of natural resources and environment;

2. Assessment contents:

a) Implementation of contents of licenses related to the exploitation, use and protection of natural resources and environment;

b) Implementation of report on environmental impact assessment; environmental protection commitments and environmental protection plan;

c) Remedial measures in decision on sanctioning of administrative violation on environmental protection.

3. Based on the environmental information of the facilities periodically, the residential community or representative of residential community shall assess the implementation of activities related to the assessment contents specified in Clause 2 of this Article as per criteria of proper and complete contents. Assessment of environmental protection result of the residential community is one of the grounds for commendation of achievement in the activities of environmental protection of the services, business and production facilities

Article 54. Developing and implementing the model of environmental protection relying on the residential communities

1. The state encourages and has mechanisms and policies on assistance for residential community to develop and implement models of community for protection of natural resources and environment, sustainable development, conservation, rational use of natural resources and response to climate change.

2. The residential community shall participate in developing the objectives, operation programs, monitoring and assessment of effectiveness of the protection programs of natural reserves and national parks; participate in management and protection of natural reserves and national parks;

3. The residential community has the right to actively develop and implement the models of natural resources and environmental protection models relying on communities, participating in monitoring and inspection of management of natural reserves and national parks with the state management authorities on natural resources and environment;

4. The state management authorities on natural resources and environment shall take charge, coordinate and provide instructions to residential communities to develop models of environmental and natural resources protection relying on the communities, models of production and sustainable consumption; issue mechanisms to encourage the communities to protect the environment, preserve and rationally use natural resources and models of production and sustainable consumption.

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