Laws of Vietnam

THE PRIME MINISTER

DECIDES:

Article 1.- To approve the scheme on environmental protection in the basin of the Dong Nai river system up to 2020 (below referred to as the Dong Nai river scheme for short) with the following principal contents:

I. GUIDELINES

1. Protection of the environment in the basin of the Dong Nai river system plays an extremely important role in the sustainable socio-economic development in 12 provinces and city in the basin; constitutes a strategic, long-term and constant task which requires the concentration of investment sources, a strong determination of local administrations and people in the basin and state budget supports.

2. Protection of the environment in the basin of the Dong Nai river system must be carried out in a comprehensive and uniform manner throughout the basin and harmonized across the administrative boundaries of 12 provinces and centrally run city in the basin; and go hand in hand with the preservation of the quality and reserves of water sources and the environmental protection for the purpose of sustainable development throughout the basin.

3. Prevention and minimization of environmental pollution and prevention of environmental degradation are regarded as key tasks, which must be combined with step-by-step treatment and remedying of hot spots of environmental pollution throughout the basin, especially water sources used for supplying daily-life water.

4. To prioritize the implementation of the Dong Nai river scheme integrated and linked with other related projects and programs of concerned ministries and branches and localities in the basin.

5. To promote the entire society's participation in, enhance the state management and application of scientific and technological advances as well as appropriate traditional solutions to, the treatment of environmental pollution and remedying of environmental degradation; to bring into full play domestic resources in combination with expanding international cooperation in protecting the environment in the basin of the Dong Nai river system.

6. Newly built production establishments in the basin are obliged to apply clean, non-polluting and environment-friendly technologies. Waste and refuse of production establishments, industrial parks and export processing zones in the basin must be treated up to environmental standards before being discharged into the environment.

II. GENERAL ORIENTATIONS AND SPECIFIC OBJECTIVES

1. General orientations:

a/ To organize the effective performance of the tasks of environmental protection in the basin of the Dong Nai river system under the Prime Minister's Decision No. 256/2003/QD-TTg of December 2, 2003, approving the national strategy on environmental protection up to 2010, with a 2020 orientation; to step by step treat environmental pollution, improve and raise the quality of the river water; to balance water sources in order to ensure the supply of safe water for daily life, agricultural irrigation and other sustainable socio-economic development needs and preserve the typical landscape of the river basin;

b/ To develop a model of environmental management in the basin of the Dong Nai river system, which must suit the natural and socio-economic conditions and equally treat different groups of people and sub-regions of the basin; to associate benefits of exploiters and users of natural resources in the basin with the environmental protection obligations to serve the river's sustainable development;

c/ To formulate, promulgate and organize the effective operation of a system of mechanisms, policies and advanced and feasible scientific and technological solutions to curbing environmental pollution; to restore, regenerate, protect and improve environmental quality and develop natural resources in the river basin.

2. Specific objectives up to 2010:

a/ To establish, and start the operation of, the Committee for Environmental Protection in the Dong Nai river basin to direct and coordinate activities of concerned branches and regions in uniformly implementing the Dong Nai river scheme;

b/ To continue handling establishments causing serious environmental pollution in the basin of the Dong Nai river system under the Prime Minister's Decision No. 64/2003/QD-TTg of April 22, 2003, approving the plan on strict handling of establishments causing serious environmental pollution, specifically as follows:

- All newly built production establishments must apply clean, non-polluting and environment-friendly technologies or be furnished with equipment to reduce pollution and treat waste up to environmental standards;

- To strictly control the production and use of chemicals satisfying high safety requirements, especially hazardous chemicals; to minimize the production and use of plant protection drugs which cause environmental pollution; to widely apply integrated anti-pest measures.

c/ To efficiently improve the environmental quality and the quality of water in the Dong Nai river system. To strive for the target that 80% of industrial parks, export processing zones and hi-tech parks and 40% of new urban centers will have wastewater treatment systems. To collect 90% of daily-life solid waste, 90% of industrial solid waste, 70% of hazardous waste and 100% of hospital waste and, at the same time, formulate and implement new projects on wastewater treatment in urban centers and residential areas in the basin of the Dong Nai river system;

d/ To build and operate a natural resource and environment observation system and database in order to share information among provinces and city in the basin;

e/ To limit and put an end to uncontrolled sand exploitation activities in the Dong Nai river system; to organize activities to prevent river bank erosion and landslide;

f/ To protect the water environment in the Dong Nai river system, keeping it up to A standards, in order to ensure the daily-life water supply;

g/ To treat pollution of the water environment in the hot spots in Sai Gon river and tributaries of the Dong Nai river system;

h/ To elaborate and implement an environmental planning on the entire system to serve as a basis for synchronous and uniform implementation of the plan on environmental protection in the Dong Nai river basin;

i/ To protect headwater forest and protective forest areas and preserve bio-diversity throughout the basin of the Dong Nai river system.

3. Specific objectives for the 2011-2015 period:

a/ To complete the strict handling of more than 90% of production establishments causing serious environmental pollution in 12 provinces and city in the basin of the Dong Nai river system. To prevent and curb the increased pollution of the river water and ensure that its quality reaches the standard of natural clean water;

b/ To build consolidated systems to treat wastewater up to environmental standards in at least 60% of urban centers and 100% of industrial parks, export processing zones and hi-tech parks;

c/ To collect more than 90% of daily-life solid waste and treat 100% of hazardous waste;

d/ To develop a model of mobilizing the entire society's participation in environmental protection suitable to the socio-economic and natural conditions of the provinces and city in the basin of the Dong Nai river system;

e/ To conduct public information and education in order to raise public awareness and sense of responsibility for environmental protection and sustainable development in the basin of the Dong Nai river system.

4. Specific objectives for the 2016-2020 period:

a/ To complete the handling of more than 95% of production establishments causing serious environmental pollution and effectively curb pollution in the provinces and city in the basin of the Dong Nai river system;

b/ To increase water sources and keep a balanced supply of water in the whole basin of the Dong Nai river system;

c/ To build consolidated systems to treat wastewater up to environmental standards in at least 70% of urban centers and 100% of industrial parks, export processing zones and hi-tech parks;

d/ To collect more than 95% of daily-life solid waste and treat 100% of hazardous waste;

e/ To complete a model of mobilizing the entire society's participation in the environmental protection in the basin of the Dong Nai river system;

f/ To increase forest coverage in the whole basin to at least 50% of the total natural forest area, and basically regenerate depleted headwater forests;

g/ To reach unanimity and ensure close cooperation between local people and administrations in the environmental protection in the basin of the Dong Nai river system.

III. MAJOR TASKS AND SOLUTIONS

1. Major tasks:

a/ To fully investigate, analyze and assess the actual state of polluting sources in order to obtain sufficient grounds for applying measures to prevent, treat, remedy and control environmental pollution in the basin of the Dong Nai river system;

b/ To review and appraise completed and on-going schemes and projects; to conduct additional surveys of the actual pollution of environmental elements caused by industrial, handicraft or agricultural production activities and daily-life activities of urban inhabitants;

c/ To strictly monitor, supervise and inspect the observance of environmental protection regulations before and after the assessment of environmental impacts of investment projects. To compile a "black list" and a "green list" of production establishments in the basin of the Dong Nai river system;

d/ To regularly carry out the observation of the quality of water of the Dong Nai river system;

e/ To thoroughly treat pollution, remedy and improve environmental conditions in seriously polluted areas, production establishments causing serious pollution and environmental hot spots:

- To complete the strict handling of establishments causing serious pollution in the basin according to the schedule set forth in the Prime Minister's Decision No. 64/2003/QD-TTg of April 22, 2003, approving the plan on strict handling of establishments causing serious environmental pollution;

- To treat river sections important to the supply of daily-life water (for example: Dong Nai river in Hoa An area), seriously polluted tributaries such as Thi Vai river, Sai Gon river, canals in inner cities and towns, etc.; to dredge and clear up fairways and embank important and strategic river sections;

- To preserve and develop bio-diversity and, at the same time, raise the quality of the environment in the basin of the Dong Nai river system for sustainable socio-economic development in the whole basin;

- To restore and protect protective forests and headwater forests which have been depleted; to increase water sources, build water retention works to deal with the water shortage, balance water sources of the Dong Nai river system, ensure adequate water volume and quality for socio-economic development in the basin;

- To protect natural landscape and eco-environment in the basin of the Dong Nai river system which characterize the Eastern South Vietnam and the southern key economic region.

f/ To formulate, appraise, approve and organize the implementation of 16 key component projects of inter-branch and inter-regional nature under the scheme on environmental protection in the basin of the Dong Nai river system, specifically as follows:

- Establishing the Committee for Environmental Protection in the Dong Nai river basin to direct and coordinate concerned branches and localities for the purpose of uniformly implementing the contents of the Dong Nai river scheme;

- Elaborating the Regulation on protection of water resources in the basin of Sai Gon and Dong Nai rivers;

- Setting up a general network for water quality observation for the provinces and city in the basin of the Dong Nai river system;

- Developing a database on environmental quality in the basin of the Dong Nai river system;

- Preventing, curbing, treating and controlling environmental pollution and protecting the water environment of Dong Nai river;

- Protecting the water environment of Sai Gon river for the supply of safe daily-life water and protection of urban landscape;

- Devising measures to protect the quality of water in Dong Nai river sections for the supply of safe daily-life water;

- Building and operating wastewater treatment stations in urban centers and residential areas in the basin of the Dong Nai river system;

- Making statistics on and classifying waste sources in the basin of the Dong Nai river system;

- Putting an end to uncontrolled sand exploitation activities and preventing riverbank erosion and landslide in the Dong Nai river system;

- Protecting and developing forests and increasing the forest coverage in the basin of the Dong Nai river system;

- Studying and proposing feasible measures to preserve submerged forests and bio-diversity in the lower sections of the Dong Nai river system;

- Elaborating an environmental plan for the basin of the Dong Nai river system;

- Assessing strategic environmental impacts of master plans for the basin of the Dong Nai river system;

- Raising public awareness and a sense of responsibility for environmental protection in the basin of the Dong Nai river system;

- Raising the capacity, effectiveness and efficiency of the state management of the environment in the basin of the Dong Nai river system.

Total fund for implementation of these 16 key component projects is estimated at around VND 1,938 billion to be raised from the following sources: local budgets, the central budget, investment capital of production and business enterprises in the basin and financial supports of other organizations and individuals at home and abroad.

2. Major solutions:

a/ Enhancing the effectiveness and effect of the state management of environmental protection in the whole basin:

- To establish and operate as soon as possible the Committee for Environmental Protection in the Dong Nai river basin with a streamlined organizational apparatus to direct and coordinate concerned branches and localities for uniform implementation of the Dong Nai river scheme;

- To step up the elaboration and promulgation of legal documents on environmental protection in the river basin and, at the same time, organize the strict implementation of laws and regulations on management of natural resources and the environment and sustainable development related to the basin of the Dong Nai river system;

- To complete and operate as soon as possible a network for observation, monitoring and forecast of environmental developments in the river basin, and build a databank on natural resources and environment in the basin of the Dong Nai river system;

- To intensify the elaboration, appraisal, approval and implementation of plannings and plans on environmental protection in the basin of the Dong Nai river system;

- To accelerate the application of economic tools in rational exploitation and sustainable use and protection of natural resources and the environment in the basin of the Dong Nai river system. To encourage the formation and development of a market of counseling services of environmental and natural landscape protection in the river basin.

b/ Stepping up the mobilization of the entire society's participation in and the raising of public awareness about and sense of responsibility toward environmental protection in the basin of the Dong Nai river basin:

- To step up and encourage the entire society's participation in protecting the environment, preventing, minimizing and treating environmental pollution and remedying environmental degradation in the river basin;

- To intensify public information on environmental protection in the basin among the population in order to improve their awareness and sense of responsibility; to create favorable conditions and mechanisms for attracting the community's participation in the environmental protection in the basin of the Dong Nai river system.

c/ Diversifying investment sources from the state budget (local and central budgets), enterprises, social communities, organizations and individuals at home and abroad and, at the same time, formulating mechanisms and policies to promote investment in the environmental protection in the basin of the Dong Nai river system, under which:

- Enterprises, industrial parks, export processing zones and hi-tech parks operating in the basin of the Dong Nai river system shall invest their own capital in building works for treating waste before discharging it into the environment or treating pollution caused by their operations in strict accordance with law. The State will consider provision of partial funding supports for specific projects;

- The state budget (local and central budgets) shall invest in public-utility environmental protection projects;

- Environmental protection projects set forth in the Dong Nai river scheme will be given priority access to concessional loans and support capital from the Vietnam Environmental Protection Fund set up under the Prime Minister's Decision No. 82/2002/QD-TTg of June 26, 2002.

d/ Expanding and enhancing bilateral and multilateral cooperation with foreign countries, organizations and individuals so as to make the fullest use of their assistance in terms of experience, knowledge, finance and technology, and attract investment to effectively protect the environment in the basin of the Dong Nai river system.

IV. ORGANIZATION OF IMPLEMENTATION

1. Responsibilities of ministries and central branches:

a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with presidents of People's Committees of 12 provinces and centrally run city in the basin of the Dong Nai river system (including Ho Chi Minh City and Dong Nai, Binh Duong, Binh Phuoc, Ba Ria - Vung Tau, Long An, Tay Ninh, Lam Dong, Dak Lak, Dak Nong, Ninh Thuan and Binh Thuan provinces) in, directing, urging and organizing the implementation of this scheme, and annually summing up and reporting implementation results to the Prime Minister. It shall propose to the Prime Minister for decision the establishment of the Committee for Environmental Protection in the Dong Nai river basin, which will be composed of representatives of People's Committee leaders of 12 provinces and centrally run city in the basin, the Ministry of Natural Resources and Environment and concerned ministries and branches, to coordinate concerned branches and localities in uniformly and effectively implementing the scheme on the environmental protection in the basin of the Dong Nai river system up to 2020;

b/ The Ministry of Planning and Investment shall assume the prime responsibility for, and reaching agreement with the Ministry of Finance on, incorporation in annual and five-year plans and allocation of state budget funds and other funding sources for the effective performance of tasks and projects under the Dong Nai river scheme in accordance with the set schedule;

c/ The Ministry of Science and Technology, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Construction and other concerned ministries and branches shall, within the scope of their respective functions and state management powers, formulate mechanisms and policies for the performance of the tasks under the Dong Nai river scheme and take part in the implementation of this scheme according to their assigned responsibilities.

2. Presidents of People's Committees of 12 provinces and centrally run city in the basin of the Dong Nai river system shall:

- Closely coordinate with concerned localities and branches in directing the uniform and effective implementation of the Dong Nai river scheme according to schedule;

- Take the initiative in bringing into full play domestic strengths and mobilize to the utmost resources of their provinces or city for coordinated participation in the Dong Nai river scheme;

- Direct provincial/municipal Services and Departments, their attached local branches and administrations at all levels to organize the effective implementation of the Dong Nai river scheme in their respective provinces and inter-provincial regions.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of People's Committees of 12 provinces and city in the basin of the Dong Nai river system shall implement this Decision.