Laws of Vietnam

DIRECTIVE No. 29/1998/CT-TTg OF AUGUST 25, 1998 ON STRENGTHENING THE MANAGEMENT OF THE USE OF PLANT PROTECTION SUBSTANCES AND PERSISTENT ORGANIC POLLUTANTS

Our people have for a long time now used plant protection substances in agricultural production aimed at destroying insects harmful to cultivated plants in order to protect the crops. Besides, there have also been many chemicals used in industrial production or in the medical service to destroy mosquitoes, prevent and fight against malaria...

Today, along with the development of industrial and agricultural sectors, environmental pollution due to the casual use of chemicals in industry and plant protection substances in agriculture has become serious. The use of more and more persistent organic pollutants (POP) and plant protection substances with high toxicity has increased more and more the level of residue of these chemicals in farm products, foods, the soil, water, air and the environment. Food poisonings caused by plant protection substances and the diseases caused by environmental pollution have also increased and become one of the foremost causes of death in our country at present.

Over the recent years, the National Assembly, the Government, and the concerned ministries and branches have issued a number of legal documents in this domain, including the ban on the circulation and use of twenty three dangerous plant protection substances in Vietnam. However, the casual and illegal use of these substances without conforming to the prescribed instructions has continued in quite a widespread manner and more and more seriously in a number of provinces.

In order to overcome the above said state and strictly implement the Law on Environmental Protection and the Ordinance on Plant Protection and Quarantine, check and eventually put an end to the illegal use of dangerous plant protection substances, to limit and eventually ban the use of persistent organic pollutants in agriculture, industry and other economic branches, the Prime Minister instructs the ministries, branches, provinces and cities directly under the Central Government to conduct the following jobs:

I. JOBS WHICH NEED CONCENTRATED EFFORT TO SETTLE IN THE MANAGEMENT OF PLANT PROTECTION SUBSTANCES AND PERSISTENT ORGANIC POLLUTANTS:

1. To check, control and handle all organizations and individuals that produce, trade in, store, transport and use dangerous plant protection substances already banned from use. All violations must be dealt with under the Law on Environmental Protection, Decree No. 26-CP of April 26, 1996 providing for sanctions against administrative violations concerning environ-mental protection, Decree No. 78-CP of November 29, 1996 on sanctions against administrative violations in the domain of plant protection and quarantine and relevant legal documents. Violating organizations and individuals that cause damage to other organizations and individuals shall have to pay compensations as prescribed by law. If they cause serious damage, they shall be examined for penal liability.

2. To collect in time and fully all the plant protection substances already banned, to handle and destroy them according to the process and technology of treating harmful wastes, to ensure non-pollution of the environment and no impact on human health. To conduct measures to handle environmental pollution caused by the old stores of plant protection substances.

3. To enhance education and popularization on the harmful effect of plant protection substances on the environment and human health. To persuade peasants to give up the habit of wanton use and wanton litter packages of plant protection substances after use, or to use labor protection means and clothes while spraying plant protection substances, and comply strictly with the regulations for the use of plant protection substances issued by the State.

4. It is forbidden to discharge wantonly the various kinds of transformer oil, waste oil and discharge products containing Polychlorinated Biphenyl (PCB) into the surroundings to limit and eventually to ban the use of industrial products containing PCB. To ensure strict control in order to ensure the discharge and transportation of products containing PCB according to prescriptions on environmental hygiene and the regulations on the management of harmful waste.

All violations shall be dealt with according to the Law on Environmental Protection, Decree No. 26-CP of April 26, 1996 providing for sanctions on administrative violations concerning environmental protection and other related legal documents. Violating organizations and individuals that cause damage to other organizations and individuals shall have to pay compensations according to provisions of law. If they cause serious consequences, they shall be examined for penal liability.

5. To organize the gathering, processing and destruction of oil dregs, industrial wastes and PCB containing substances according to the technological process of handling harmful wastes.

II. ORGANIZATION OF IMPLEMENTATION:

1. The Ministry of Agriculture and Rural Development:

- Each year to issue and widely publicize the list of plant protection substances allowed for use and those banned from use; to sum up and report to the Government the situation of the management of plant protection substances in the whole country, inventory the quantity of plant protection substances banned from use in Vietnam but which are being stored in the localities.

- To coordinate with the Ministry of Industry, the Ministry of Science, Technology and Environment and the local People's Committees in managing, controlling and supervising closely and strictly the production and business establishments dealing with plant protection substances concerning the categories allowed for production and business, and the production and business activities in other plant protection substances according to the Ordinance on Plant Protection and Quarantine. To strengthen the inspection and detection and punish severely and in time violations in all areas of activity concerning plant protection substances.

- To assume the prime responsibility and coordinate with the related ministries and branches in inspecting and urging the localities to organize the thorough collection of quantity of stored plant protection substances for processing and destruction according to prescriptions and technology in order to ensure non-pollution of the environment and prevent their affection on human health.

- To urgently supplement and amend the regulations on the management of plant protection substances already issued under to the Ordinance on Plant Protection and Quarantine.

- To coordinate with the mass media, the professional associations, mass organizations and the People's Committees of the provinces and cities directly under the Central Government propagating, mobilizing and guiding the peasants in the use of plant protection substances according to the prescribed process, and fully use labor protection measures.

2. The Ministry of Industry: To assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment and the People's Committees of the provinces and cities directly under the Central Government in elaborating plans to carry out the tasks of managing and closely control the use, transportation and discharge of industrial products containing PCB, organize the collection and process the waste of these products in Vietnam.

3. The Ministry of Health: To take the responsibility for the management, control and supervision of the production, exportation and importation and use of chemicals and preparations against insects, rats and bacteria in the medical service; to coordinate with the Ministry of Agriculture and Rural Development, the related ministries, branches and localities in the gathering, processing and destruction of plant protection substances already banned from use in Vietnam; to regularly update the situation of poisoning by plant protection substances, to study the effect of plant protection substances on human health in order to take efficacious preventive and curative measures.

4. The Ministry of Trade: To coordinate with General Customs Department, the related ministries and branches to strengthen the inspection and supervision of the exportation and the importation into Vietnam of the plant protection substances in general and the plant protection substances banned from use in Vietnam in particular as well as the oils and industrial products containing PCB.

5. The Ministry of Science, Technology and Environment: To urgently issue the regulation on management of the harmful wastes including PCB and plant protection substances. To organize the study elaboration and guidance for the realization of the technological processes of handling and destroying plant protection substances already banned from use and dangerous plant protection substances illegally imported into Vietnam, oils and industrial products containing PCB. To organize the evaluation of the level of environmental pollution due to the use of plant protection substances, the level of accumulation of residue of dangerous plant protection substances and persistent organic pollutants in the farm produce, food, soil and water environment and to work out remedial measures.

This Directive takes effect 15 days after its signing.

The Ministers, the Heads of ministerial level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall organize the popularization of this Directive to the units under their management and in the mass media so that the production business and service establishments and the households using plant protection substances, the PCB containing products and POP substances understand well and strictly implement this Directive.

For the Prime Minister

Deputy Prime Minister

PHAM GIA KHIEM