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You are here: Investors » How to invest » Laws and regulations on investment » Law on environmental protection 2014 (Chapter XIV - XVII)
Law on environmental protection 2014 (Chapter XIV - XVII)
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 XVI

RESOURCES FOR ENVIRONMENTAL PROTECTION

Article 147. Expenditure of state budget on environmental protection

1. Expenditure on environmental protection includes:

a) Constructing strategies, planning, plans, technical processes, technical instructions, technical economic norms, technical regulations on environment, programs and projects on environmental protection;

b) Appraising environmental protection planning, strategic environmental assessment report;

c) Carrying out environmental monitoring; constructing environmental information and reporting system;

d) Providing supports to tasks of investigation and inspection; controlling and treating environmental pollution, preventing, coping and remedying environmental incidents; managing wastes and preserving biological diversity; Training, communicating about environmental protection; popularizing and evaluating the exercising of the law on environmental protection; furthering international cooperation on environmental protection;

đ) Other environmental protection management activities.

2. Expenditures on the development of environmental protection includes those for construction projects, reformation of waste treatment works, constructing and equipping environmental observing and analyzing stations managed by regulatory agencies; investing in equipment, facilities for preventing, coping and remedying environmental pollution, degradation and incident; coping with climate change; preserving biological diversity; reforming polluted water sources, growing and caring green trees in public places, public utility areas.

3. Developing cost estimation and managing use of state budget for environmental protection are done in accordance with the law on state budget.

Article 148. Cost of environmental protection

1. Organizations, individuals discharging waste into the environment or causing negative effects on the environment shall pay an environment protection fee.

2. Rate of environmental protection fee depends on:

a) Amount of waste discharged into the environment, scale of negative effects on the environment;

b) Levels of toxicity, levels of hazard for the environment;

c) Capacity of waste-receiving environment.

3. The rate of environmental protection is adjusted to requirements of environmental protection and socio-economic conditions of the country in each stage.

4. Collected environmental protection fees shall be used for environmental protection activities.

Article 149. Environmental protection fund

1. The Environmental Protection Funds include the central environment protection fund, environment protection funds of Ministries and specialized authorities, and provincial environment protection funds that are established to support environmental protection activities.

The state has encouraged enterprises, organizations, individuals to establish their own environmental protection funds.

2. Capital for national and provincial environmental protection funds is derived from the following sources:

a) State budget;

b) Environmental protection fees:

c) Compensations to the state for environmental damages;

d) Grants, aids, and entrusted investments from domestic and overseas entities.

3. The authority to establish environmental protection fund are regulated as follows:

a) The Prime Minister decides the establishment, organization and operation of environmental protection funds on national, ministerial, ministerial-level body, economic corporate and state corporate levels

b) Provincial People’s committees decide the establishment, organization and operation of their own environmental protection funds;

c) Organizations, individuals shall establish their own environmental protection funds and operation in accordance with the statute of the fund.

Article 150. Environmental service development

1. The state encourages organizations, individuals to establish environmental service business through bidding, public-private partnership (PPP) in the following areas:

a) Collecting, transporting, recycling and treating waste;

b) Observing, analyzing environmental, assessing environmental treatment;

c) Developing, transferring environmental friendly production technology, environmental technology;

d) Providing environmental consultancy, training, and information;

đ) Carrying out environmental appraisal towards goods, machinery, equipment, and technology;

e) Appraising environmental damage and health;

g) Other environmental protection services

2. The Minister of Natural Resources and Environment shall actively coordinates with Ministers, heads of ministerial level bodies to provide guidance on the implementation of the regulations mentioned in Paragraph 1 of this Article.

Article 151. Incentives and support for environmental protection tasks

1. The state shall provide favors, supports to environmental protection tasks below

a) Constructing domestic wastewater treatment systems;

b) Constructing plants for recycling, treating conventional solid waste, hazardous waste, and waste landfill sites;

c) Constructing environmental monitoring stations;

d) Constructing environmental industrial bases, environmental protection works for the benefits of public interests;

đ) Manufacturing and trading eco-friendly products;

e) Transforming operation of industrial parks, industrial complex, and entities causing serious pollution to the environment.

2. The Government shall detail this Article.

Article 152. Development and application of science and technology to environmental protection

1. Organizations, individuals involved in the study, transfer, development and application of science and technology to environmental protection shall enjoy favors and supports.

2. Favored activities of study, transfer, development and application of technology to environmental protection include:

a) Studying, transferring, developing and applying technology of waste recycling;

b) Studying, transferring, developing and applying environmental friendly technology and exploiting technology, making effective use of natural resources, saving energy, preserving nature and biological diversity;

c) Studying, transferring, developing and applying waste treatment technology, preventing, minimizing pollution; reforming, restoring and improving environmental quality;

d) Studying, transferring, developing and applying pollution control technology, environmental change forecasting and warning technology; observing and assessing environmental quality;

đ) Studying and constructing facilities to cope with climate change;

e) Studying and applying measures to improve environmental health, minimize environmental impact on people.

Article 153. Environmental industry development

The state shall invest and provide favors and supports to individuals, organizations being involved in the development of environmental industry; in the construction and upgrading of technical infrastructure for waste treatment and recycling; in the establishment and development of centralized waste treatment and recycling sites; in the production and supply of equipment, products in service of environmental protection.

Article 154. Communicating and popularizing the law on environmental protection

1. Dissemination and education of the law on environmental protection shall be done regularly and extensively.

2. Any agency, organization, and individual whose performance in environmental protection is excellent shall be commended and rewarded in accordance with the law on emulation and commendation.

3. The Ministry of Natural Resources and Environment shall coordinate with press agencies responsible for spreading the law on environmental protection.

4. Ministries, ministerial level bodies shall coordinate with the Ministry of Natural Resources and Environment, and the media responsible to communicate the law on environmental protection under the management.

Article 155. Provision of environmental education and provision of training for environmental protection forces

1. Curriculum of general education levels shall convey environmental content.

2. The state put priority on training human resource for environmental protection; encouraging every organization, individual to participate in the education of environment and training human resource for environmental protection.

3. The Ministry of Education and Training shall actively coordinate with the Minister of Natural Resources and Environment to detail the educational program of environment and provide training to human resource on environmental protection.

Chapter XVII

INTERNATIONAL COOPERATION ON ENVIRONMENTAL PROTECTION

Article 156. Signing and becoming a member in the international treaty of environmental protection

The international treaty which is beneficial to global, regional and national environmental protection and is suitable for the interests and capabilities of The Socialist Republic of Vietnam shall be considered for signing and participation.

Article 157. Environmental protection during international economic integration

1. The state shall encourage bodies, organizations, and individuals to actively meet the requirements of environment in order to enhance competitiveness of goods and services on regional and international markets.

2. Agencies, organizations, and individuals participating in international economic integration shall be responsible for preventing and minimizing negative impact on domestic environment.

Article 158. Expanding international cooperation on environmental protection

1. The state shall encourage organizations, individuals to cooperate with foreign organizations, individuals, and overseas Vietnamese in order to enhance capacity and efficiency of environmental protection in the country; enhance position and role of the Socialist Republic of Vietnam in environmental protection in the region and in the world.

2. The state shall create favorable conditions for foreign organizations, individuals and overseas Vietnamese to invest and support training of human resource, scientific study, technological transfer, natural preservation and other activities in environmental protection; to develop and make appropriate and effective use of resources of international cooperation in environmental protection.

3. The state shall further cooperation with neighboring and regional countries to settle issues of management and exploitation of natural resources and environmental protection.

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