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You are here: Investors » How to invest » Laws and regulations on investment » Law on environmental protection 2014 (Chapter XII - XIII)
Law on environmental protection 2014 (Chapter XII - XIII)
This Law provides statutory provisions on environmental protection activities; measures and resources used for the purpose of environmental protection; rights, powers, duties and obligations of regulatory bodies, agencies, organizations, households and individuals who are tasked with the environmental protection task.

Chapter XII

ENVIRONMENTAL MONITORING

Article 121. Environmental monitoring

1. Environmental protection agencies and organizations organize the implementation of surrounding environmental monitoring.

2. The Ministry of Natural Resources and Environment promulgates the list and guides the implementation of emission monitoring with respect to production, business and service entities at risk of imposing effects on the environment.

3. Production, business and service entities which are not on the list of entities responsible for emission monitoring must ensure their compliance with environmental technical regulations and relevant regulations.

Article 122. Environmental components and emissions to be monitored

1. Water includes surface water, underground water and sea water.

2. Air includes indoor and outdoor air.

3. Noise, vibration, radiation and light.

4. Soil and deposits

5. Nuclear radiation

6. Wastewater, exhaust gas and solid waste.

7. Hazardous chemicals emitted and built up in the environment.

8. Biological diversity.

Article 123. Environmental monitoring program

1. National environmental monitoring program includes environmental monitoring programs at inter-provincial river and lake basins, key economic zones, trans-border, and geographically distinct zones.

2. Provincial environmental monitoring program includes monitoring programs on environmental components in the area.

3. Environmental monitoring program of industrial parks, export processing zones, high-tech zones, industrial complex, trade villages and production, business and service facilities includes monitoring programs on emissions and environmental components in accordance with the law.

Article 124. Environmental monitoring system

1. Environmental monitoring system includes:

a) National environmental monitoring;

b) Provincial environmental monitoring;

c) Intramural environmental monitoring.

2. Organizations involved in the environmental monitoring system include:

a) Organizations in charge of on-site sampling and measurements;

b) Sample analyzing laboratories;

c) Monitoring equipment inspecting and standardizing organizations;

d) Data management and handling, monitoring result establishing and reporting organizations.

3. Environmental monitoring system must be synchronized and interconnected to create a consistent and comprehensive network.

Article 125. Environmental monitoring responsibilities

1. The Ministry of Natural Resources and Environment directs, instructs and monitors environmental monitoring on national level; organizes the implementation of national environmental monitoring.

2. People’s committees of provinces organizes an environmental monitoring program in the area, reports to the People’s Council of the same level and the Ministry of Natural Resources and Environment on monitoring results.

3. Industrial parks, export processing zones, high-tech zones, industrial complex, trade villages and production, business and service bases must implement the monitoring program on emissions and environmental components; report to regulatory agencies on environmental protection in accordance with the law.

Article 126. Conditions of environmental monitoring

1. Any organization that is fully staffed in environmental monitoring and equipped with necessary facilities is permitted to participate in the environmental monitoring.

2. The government shall detail this Article.

Article 127. Environmental monitoring data management

1. The Ministry of Natural Resources and Environment manages environmental monitoring data; constructs national database on environmental monitoring; promulgate results of national monitoring; provides professional training and technical supports for the management of environmental monitoring.

2. People’s committees of provinces manage environmental monitoring data and promulgate results of local monitoring.

3. Industrial parks, export processing zones, high-tech zones, industrial complex, trade villages and production, business and service bases shall manage environmental monitoring data and promulgate results of environmental monitoring in accordance with the law.

Chapter XIII

ENVIRONMENTAL INFORMATION, DIRECTIVE, STATISTICS AND REPORTING

Section 1. ENVIRONMENTAL INFORMATION

Article 128. Environmental information

1. Environmental information includes figures, data about environmental components, environmental impacts, policies and law on environment and environmental protection.

2. Environmental database is a collection of information about the environment being constructed, updated and maintained to meet the demands for access and use of information for environmental protection tasks and for the public interests.

Article 129. Collection and management of environmental information

1. The Ministry of Natural Resources and Environment actively coordinates with the ministerial, departmental and local levels to collect and manage environmental information, construct national environmental database.

2. Ministries, departments and people’s committees of all levels, within their own duties and authorities, collect and manage environmental information, construct ministerial, departmental and local environmental database and integrate them into the national environmental database.

3. Industrial parks, export processing zones, high-tech zones, industrial complex, trade villages and production, business and service bases prepare environmental dossiers; manage information of environmental impacts from activities of production, business and service.

Article 130. Announcement and supply of environmental information

1. Organizations, individuals managing industrial parks, export processing zones, high-tech zones, industrial complexes, trade villages and production, business and service facilities and being subject to the list responsible for the preparation of environmental impact assessment reports are responsible for reporting to the environmental management agencies under people’s committees of provinces on environmental information within their authorities.

2. Production, business and service bases which are not subject to the list as stipulated in Paragraph 1 of this Article are responsible for supplying environmental information in relation to their operation to the people’s committees of districts and communes.

3. Annually, the ministries, departments are responsible for supplying environmental information relating to branches and areas under their management to the Ministry of Natural Resources and Environment.

4. The Ministry of Natural Resources and Environment shall detail this Article.

Article 131. Publishing of environmental information

1. Environmental information to be made known in public includes:

a) Strategic environmental assessment report, environmental impact assessment report and environmental protection plan;

b) Information of emission sources, emissions and treatment of waste;

c) Areas suffering from serious and particularly serious pollution, degradation, areas at risk of environmental incident;

d) Environmental reports;

đ) Results of environment inspections.

1. Information stipulated in this Paragraph and classified as state secrets is not permitted to be published.

2. The publishing method must ensure convenience for information recipients

3. Information-publishing agencies are legally responsible for accuracy of the information.

Section 2. Environmental indicators and statistics

Article 132. Environmental indicators

1. Environmental indicators are quantities that reflect specific characters of the environment for the purpose of evaluating and monitoring the developments of environmental quality, preparation of report on current environmental condition.

2. The Ministry of Natural Resources and Environment shall construct, promulgate and instruct the implementation of the national environmental directive.

2. People’s committees of provinces shall construct, promulgate and develop the implementation of local environmental directive based on the national environmental directive.

Article 133. Environmental statistics

1. Environmental statistics are an activity of enquiry, reporting, compilation, analysis and promulgation of basic criteria reflecting nature and situation of environmental matters according to space and time.

2. The Ministry of Natural Resources and Environment shall promulgate the system of environmental statistics criteria, organizes the implementation of national environmental statistics tasks; instructs tasks of environmental statistics; construct national environmental statistics database.

3. Ministries, departments shall organize the implementation of environmental statistics tasks within their management; construct environmental statistics database of branches and areas; make annual reports to the Ministry of Natural Resources and Environment on criteria of environmental statistics.

4. People’s committees of provinces shall organize the implementation of local environmental statistics tasks; construct database of local environmental statistics; make annual reports to the Ministry of Natural Resources and Environment on criteria of environmental statistics.

Section 3. Environmental reporting

Article 134. Annual environmental protection reporting responsibilities

1. The People’s Committees of communes shall submit reports on local environmental protection tasks to the People’s Council of the same commune and the People’s Committee of districts. .

2. People’s Committees of districts shall submit reports on local environmental protection tasks to the People’s Council of the same district and the People’s Committee of provinces.

3. People’s committees of provinces report on local environmental protection to the People’s Councils of the same province and the Ministry of Natural Resources and Environment.

4. Management boards of economic, industrial, export processing, high-tech zones, industrial complexes must report to people’s committees of provinces on environmental protection.

5. Ministries, departments shall report on the tasks of environmental protection in management to the Ministry of Natural Resources and Environment.

5. Ministry of Natural Resources and Environment reports on environmental protection on the national scale to the Government and National Assembly

6. Ministry of Natural Resources and Environment shall instruct the construction of environmental protection report.

Article 135. Report of environmental protection tasks

1. Quo status, happening of environmental components.

2. Scale, nature and impacts of emission sources.

3. Adherence to regulations of law on environmental protection; results of investigation, inspection.

4. List of entities causing serious pollution to the environment and disciplinary/remedial actions

5. Resources for environmental protection

6. Evaluation of environmental protection management and operation

7. Environmental protection plan and solutions

Article 136. Annual socio-economic report on environmental protection

Annual socio-economic reports by the Government and People’s committees of all levels must specify the implementation of environmental protection criteria and environmental protection tasks.

Article 137. Environmental quo status reporting responsibilities

1. The Ministry of Natural Resources and Environment prepares national environmental quo status report every five years; prepares annual thematic report on national environment.

2. People’s committees of provinces prepares local environmental quo status report every five years; based on local environmental pressing issues, shall decide to prepare thematic report on environment.

3. The Minister of Natural Resources and Environment instructs the preparation of environmental quo status report.

Article 138. Environmental quo status report

1. Overview of natural, economic and social conditions

2. Environmental impacts

3. Quo status and happening of environmental components

4. Environmental pressing issues and causes

5. Environmental impacts on economy and society

6. Implementation of policies, law and environmental protection activities

7. Forecasting of environmental challenges

8. Environmental protection plan and solutions

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