Chương XV Luật bảo vệ môi trường 2020: Trách nhiệm quản lý nhà nước về bảo vệ môi trường

Chapter XV

RESPONSIBILITY FOR STATE MANAGEMENT OF ENVIRONMENTAL PROTECTION

Article 164. Contents of state management of environmental protection

1. Promulgating and organizing the implementation of policies and laws; standards, technical regulations and technical guidance; strategies, planning and plans; programs, schemes and projects on environmental protection.

2. Appraising EIARs and approving EIAR appraisal results; issuing, renewing, adjusting, re-issuing and revoking environmental licenses; carrying out environmental registration; issuing, re-issuing and revoking environmental certificates.

3. Controlling sources of pollution; managing waste and environmental quality; improving and remediating environment; protecting environment at natural heritage sites, conserving nature and biodiversity; preventing and responding to environmental emergencies.

4. Building and managing environmental monitoring systems; organizing environmental monitoring.

5. Building and updating environmental information and reporting systems and database.

6. Building and operating systems for supervising and assessing activities aimed at climate change adaptation; systems for measuring, reporting and appraising reduction of GHG emissions.

7. Developing GHG inventory; building and updating climate change, sea level rise and urban inundation scenarios and database; assessing national climate; providing guidelines for using climate change information and data and integrating contents of adaptation to climate change with strategies and planning.

8. Organizing development of the domestic carbon market; implementation of the credit exchange mechanisms and fulfillment of international commitments to GHG emissions reduction.

9. Carrying out inspections; handling complaints and denunciations; imposing penalties for violations against the law on environmental protection; assessing damage and claiming compensation for environmental damage.

10. Environmental communication and education, increasing awareness of environmental protection; provide professional training in environmental protection.

11. Scientific research into, development, application and transfer of environmental protection technologies, international integration and cooperation in environmental protection.

12. Providing state funding for performing environmental protection tasks within the current budget; statistically reporting, monitoring and publishing expenditures on environmental protection.

Article 165. Responsibility of the Government for state management of environmental protection

1. Perform uniform state management of environmental protection nationwide; promulgate or propose the promulgation of legislative documents, mechanisms and policies on environmental protection.

2. Decide on policies on environmental protection, improvement and preservation; direct the remediation of environmental pollution and degradation and improvement of environmental quality in key areas; control of pollution and response to environmental emergencies; development of clean energy, sustainable production and consumption; development of environmental industry and services.

3. Consolidate environmental protection authorities to satisfy managerial requirements; assign authorities to perform state management of environmental protection; provide resources for environmental protection; direct research into and application of technological and scientific advances; boost international integration and cooperation in environmental protection.

4. Submit annual environmental protection reports to the National Assembly.

Article 166. Responsibility of the Ministry of Natural Resources and Environment for state management of environmental protection

The Ministry of Natural Resources and Environment shall be responsible to the Government for performing uniform state management of environmental protection and has the responsibility to:

1. Preside over formulating, promulgate, propose the promulgation and organize the implementation of legislative documents on environmental protection; national environmental standards and technical regulations; strategies, planning and plans; programs, schemes and projects on environmental protection;

2. Comment on EIA contents; organize appraisal of EIARs; issue, renew, adjust, re-issue and revoke environmental licenses; issue, renew and re-issue environmental certificates within its power;

3. Direct, providing guidance on, inspect and organize the control of sources of pollution; management of waste and environmental quality; environmental improvement and remediation; protection of environment at natural heritage sites, nature and biodiversity conservation; environmental emergency prevention and response as prescribed by law;

4. Organize the establishment and management of the national environmental monitoring network; approve and organize the execution of environmental monitoring programs; provide information and warnings about environmental pollution as prescribed by law;

5. Organize the development of environmental protection contents to be included in regional planning; provide guidelines for developing environmental protection contents to be included in provincial planning and special administrative-economic unit planning;

6. Organize the statistical reporting, building, maintenance and operation of environmental information and reporting systems and database as prescribed by law;

7. Communicating and disseminating knowledge and law relating to environmental protection, increase awareness of environmental protection; provide professional training in environmental protection as prescribed by law;

8. Propose policies on environmental protection taxes and fees, issuance of green bonds and other economic instruments to mobilize and use resources for environmental protection as prescribed by law;

9. Organize the establishment and operation of the national system for supervising and assessing activities aimed at climate change adaptation; national system for measuring, reporting and appraising reduction of GHG emissions;

10. Organize the development of national GHG inventory; build and update the national climate change scenario and database; assessing national climate; provide guidelines for using climate change information and data and integrating contents of adaptation to climate change with strategies and planning;

11. Consolidate proposals for allocation of state budget estimates for environmental protection activities from Ministries, ministerial agencies and provincial People’s Committees and provide guidelines for implementing the law on state budget; provide guidelines for statistically reporting, monitoring and publishing expenditures on environmental protection;

12. Request the Government to grant approval for participation in international organizations and signature of international environmental treaties and agreements; international integration and cooperation in environmental in the fields under its management;

13. Carry out inspections of compliance with the law on environmental protection and assumption of responsibility for state management of environmental protection; handle environmental complaints and denunciations; assess damage and claim compensation for environmental damage; impose penalties for violations against the law on environmental protection;

14. Organize scientific researches into, development, application and transfer of environmental protection technologies as prescribed by law;

15. Cooperate with the Vietnamese Fatherland Front and central government authorities of socio-political organizations in organizing the implementation of the State’s policies and law on environmental protection and supervising environmental protection activities;

16. Perform other environmental protection tasks assigned by the Government and the Prime Minister.

Article 167. Responsibility of Ministries and ministerial agencies for state management of environmental protection

1. The Ministry of National Defense shall organize the implementation of the law on environmental protection in the field of national defense; form and assign forces and vehicles in response to environmental emergencies; participate in transboundary environmental monitoring and offshore water monitoring as prescribed by law.

2. The Ministry of Public Security shall organize the implementation of the law on environmental protection in activities of the People’s Public Security Force; direct and organize the prevention of crimes and violations against the law in relation to environmental crimes; maintain security, social order and safety in the field of environment as prescribed by law; mobilize resources for response to environmental emergencies as prescribed by law.

3. Ministries and ministerial agencies shall, within their jurisdiction, cooperate with the Ministry of Natural Resources and Environment in performing state management of environmental protection.

4. The Government shall elaborate on responsibilities of Ministries and ministerial agencies for performing state management of environmental protection as prescribed by this Law.

Article 168. Responsibility of People's Committees at all levels for state management of environmental protection

1. Provincial People’s Committees shall, within their jurisdiction, have the following responsibilities:

a) Formulate, promulgate or request provincial People's Councils to promulgate and organize the implementation of legislative documents on environmental protection; local standards and technical regulations on environment; local strategies, planning and plans; programs, schemes and projects on environmental protection; environmental protection contents in provincial planning;

b) Organize appraisal of EIARs and approve EIAR appraisal results; issue, renew, adjust and re-issue environmental licenses within their power;

c) Direct, provide guidance on, inspect and organize the control of sources of pollution and environmental emergencies prevention and control within their provinces as prescribed by law; organize the management of waste sources within their provinces as assigned; be responsible to the Government for environmental pollution occurring within their provinces;

d) Organize the monitoring, supervision, warning and management of environmental quality, and waste management in their provinces within their power and under the guidance of the Ministry of Natural Resources and Environment; environmental improvement and remediation; protection of environment at natural heritage sites, nature and biodiversity conservation;

dd) Invest in building, managing and operating environmental monitoring networks according to the comprehensive planning for national environmental monitoring; formulate, approve and organize the execution of local environmental monitoring programs; provide information and warnings about environmental pollution as prescribed by law;

e) Organize the investigation, statistical reporting and updating of environmental information and reporting systems and database as prescribed by law;

g) Communicate and disseminate knowledge and law relating to environmental protection; increase awareness of environmental protection; provide professional training in environmental protection as prescribed by law;

h) Carry out inspections of compliance with the law on environmental protection and assumption of responsibility for state management of environmental protection; handle environmental complaints and denunciations; assess damage and claim compensation for environmental damage; impose penalties for violations against the law on environmental protection as prescribed by law;

i) Mobilize and use resources for environmental protection as prescribed by law; request provincial People’s Councils to providing funding for performance of environmental protection tasks within the current budget; provide guidelines for, allocate and inspect the enactment of state budget expenditures for local environmental protection activities;

k) Organize research into and application of technological and scientific advances; participate in international cooperation in environmental protection as prescribed by law;

l) Perform other environmental protection tasks assigned by the Government and the Prime Minister.

2. District-level People’s Committees shall, within their jurisdiction, have the following responsibilities:

a) Formulate, promulgate or request competent authorities to promulgate legislative documents on environmental protection, local environmental protection plans, programs, schemes and projects;

b) Issue, renew, adjust, re-issue and revoke environmental licenses within their power;

c) Direct, provide guidance on, inspect and organize the control of sources of pollution and environmental emergencies prevention and control within their districts as prescribed by law; organize the management of waste sources within their provinces as assigned; be responsible to the Government for environmental pollution occurring within their districts;

d) Organize the monitoring, supervision, warning and management of environmental quality, and waste management in their provinces within their power and under the guidance of the Ministry of Natural Resources and Environment; environmental improvement and remediation; nature and biodiversity conservation;

dd) Carry out inspections and impose penalties for violations against the law on environmental protection within their power or transfer violation cases to competent persons as prescribed by law; handle environmental complaints, denunciations and propositions;

e) Communicate and disseminate knowledge and law relating to environmental protection; raise public awareness of environmental protection;

g) Provide environmental information and carry out environmental reporting as prescribed by law;

h) Mobilize and use resources for environmental protection as prescribed by law; request district-level People’s Councils or competent authorities to provide funding for performing environmental protection tasks within the current budget;

i) Perform other environmental protection tasks assigned by provincial People’s Committees.

3. Communal People’s Committees shall, within their jurisdiction, have the following responsibilities:

a) Formulate, promulgate and organize the implementation of legislative documents, regulations and conventions on environmental hygiene maintenance and environmental protection; set up and organize the execution of environmental protection projects and tasks;

b) Direct, provide guidance on, inspect and organize the control of sources of pollution; receipt of environmental registration forms;  environmental emergencies prevention and control within their communes as prescribed by law; organize the management of waste sources within their communes as assigned; be responsible to district-level People’s Committees for environmental pollution occurring within their communes;

c) Organize the monitoring, supervision, warning and management of environmental quality, and waste management in their communes within their power or as assigned by district-level People's Committees; environmental improvement and remediation; nature and biodiversity conservation;

d) Build and increase public awareness of environmental protection; encourage the people to participate in maintaining environmental hygiene and protecting the environment; instruct residential communities within their communes to incorporate environmental protection contents into village regulations and conventions and development of new rural areas and courteous families;

dd) Carry out inspections and impose penalties for violations against the law on environmental protection within their power or transfer violation cases to competent persons as prescribed by law; handle environmental complaints, denunciations and propositions within their power;

e) Mobilize and use resources for environmental protection as prescribed by law;

g) Organize the collection of environmental information and carry out environmental reporting as prescribed by law;

h) Perform other environmental protection tasks assigned by district-level People’s Committees.

4. Responsibility of a local government in a special administrative-economic unit for environmental protection shall be defined by the National Assembly upon establishing such special administrative-economic unit, unless otherwise prescribed by the law on special administrative-economic units.