Decision No. 187/2007/QD-TTg approving the scheme on environmental protection in the basin of the Dong Nai river system up to 2020

lssuo nos 11-111Novombor 2007 (C6ng BaD nos 815-816/December 11, 2007) OFFICIAL GAZETIE DECIDES, 30 DECISION No. 18712007/QD-TTg OF DECEMBER 3, 2007, APPROVING THE SCHEME ON ENVIRONMENTAL PROTECTION INTHEBASIN OFTHEDONG NAI RIVER SYSTEMUP TO 2020 THE PRIMEMINISTER Pursuant to the December 25, 2001 Law on Organization ofthe Government; Pursuant to the November 29, 2005 Law on Environmental Protection; Pursuant to the Prime Minister sDecision No. 25612oo3IQD-ITg ofDecember 2, 2003, approving the nationalstrategy on environmentalprotection up to 2010, with a 2020orientation; Considering the proposalofthe presidentofthe People's Committee of Ho Chi Minh City, and opinionsofthe Peoples Committees of11 provinces in thebasin ofDong Nai rivers system(Dong Nai. BmbDuong. Binh Phuoc. BaRia - Vung Tau. Lang An, Tay Ninh, Lam Dong, DakLak, Dak Nang, Ninh Thuan and Binh Thuan) and ofconcernedministries and branches, Article 1.- To approve the scheme on environmental protection in the basin of the Dong Nai river system upto 2020(below referred toas the Dong Nai riverscheme for short) with the following principalcontents: I. GUIDELINES 1.Protection of theenvironmentin the tJitsin of the Dong Nai river systemplays an extrenriy important role in the sustainable socio-economic iXYelopment in 12 provinces and city in the basin; cocetitutcs A strategic, long-term andconstant taskwhdl requires the concentration of investment SOUfCC:'ii a strong determination of local administrations and people in thebasin andstate budget supports. 2. Protectionof the environment in \:he basin of the Dong Nai river system must be cerrkd out in a comprehensive and uniform manner throughoutthe basin and harmonized across the administrative boundaries of 12 provincesand centrally run city in thebasin;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.Preventionandminimizationof enytronmental pollution and prevention of envirenmental degradation are regarded as key tasks, ...,.,., must be combined with step-by-step treatment and remedying of hot spots of environmental. pollution throughout the basin, especially water sources used forsupplying daily-life water. 4. Toprioritize the implementation of the Dong Nai river scheme integrated and linked with other relatedprojectsandprogramsof concernedministries and branchesand localities in the basin. 5.Topromotethe entiresociety's participationin, enhance the state management and applicationof scientific and technological advances as well as © VIETNAM LAW & LEGAL FORUM • 40 OFFICIAL GAZETTE Issue nos 11·12JNovember 2007 (Gong Bao nos B15-816/December 11, 2007) 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 productscn establlslunents, industrial parks and exportprecessing zones in the basin mustbe treated up to envjronmental standards before being discharged into the environment. n.dIlNERAL ORIENTATIONS AND SPECIFIC OBJECTIVES 1.General orientations: :1/ Tb cs-ganize the effective performance of the tasksof environmental protectionin the basinof the Dong Nai river system under the Prime Minister's Decision No. 25612003/QD-TIg of December 2. 2003, approving the national strategy on environmental protection up to 2010, with a 2020 orientation, to step by step treat environmental polhnion, improve aud raise the quality of the river water; tobalance water sources in order to ensure the supply of safe water for daily life, agricultural irrigation ;,nd other sustainable socio-economic developn1er1lneeds andpreserve the typical landscape of the riverbasin; hI 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 VIULtA.:LiulI obligations to serve the river's sustainable development; cl 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: aI 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 Nairiver scheme; bI To continue handling establishments causing serious envinnuueutal polluticu in the: basin of the: Dong Nai river system under the Prime Minister's Decision Nn. 6412003/QD·TIg 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 applyclean, non-polluting andenvironment-friendly technologies orbefurnished withequipment toreduce 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. dTo efficientlyimprovetheenvironmentalquality and the quality of water in the Dong Nai river system. To strive for the l1lr2et that 80% of industrial parks, export processing zones and hi-tech parks and 40% ofnew urban centers will have wastewater treatment systems. Tocollect90%ofdaily-life solidwaste, 90% of industrial solid waste, 70% of hazardous waste and 100% of hospital waste and, at the same time, formulate and implementnewprojects on wastewater treatment in urban centers and residential arena in tho basin of the Dong Nai river system; dI To build and operate a natural resource and © VIETNAM LAW & LEGAL FORUM Issue nos 11·12lNovember 2007 OFFICIAL GAZETTE (C6ng Baonos 815-8161December 1" 2007) 41 © VIETNAM LAW & LEGAL FORUM environment observation systemanddatabase inorder to shareinformationamongprovinces and city in the basin; eI To limit and put an end to uncontrolled sand exploitation activities in theDong Nai river system; to organize activities to prevent river bank erosion and landslide; fl To protect the water environment in the Dong Nai river system. keeping ituptoAstandards, inorder toensure thedaily-life water supply; g/ Totreat pollution of thewater environment in the hot spots in Sai Gon river and tributaries of the Dong Nai river system; hi To elaborateand implement an environmental planningon the entire systemto serveas a basis for synchronous andunifonnimplementation oftheplan un envtronmemal pnnectivn in the Dong Nai river basin; i/Te protectheadwaterforestandprotective forest areas and Vlt;,st::t VI;; bio-di versity throughout the basin of the Dong Nairiver system. 3. Specific objectives forthe2011-2015 period: a/ To complete the strict handling of more than 90% of production establishments causing serious environmental pollution in 12provinces and city in the basin of the Dong Nai river system. To prevent and curb the increasedpollution of the river water and ensure that its quality reaches the standard of naturalclean water; bl To build consolidated systems to treat wastewaterup to environmental standards in at least 60% of urban centers and 100% of Industrial parks, export processing zones and hi-tech parks; d To collect more than 90% of daily-life solid wasteand rreatlOO% ofhazanlous waste, dI To develop a model of mobilizing the entire society's participation in environmental protection suitable to 1I11j SUdU-tXUIIUlIlll.- mid natural conditions of theprovincesandCity in the basinof theDongNai river system; eI To conduct public information and education in order to raise public awareness and sense of responsibility for environmental protection and sustainable development inthebasinof tileDongNai river system. 4. Specific objectives for the 2016-2020 petiod: aJ To complete the handling of more than 95% of production establishments causing serious environmental pollution andeffectivelycurbpollution inthe provinces andcityinthebasin of tOO Dong Nai river system; bIToincreasewatersourcesandkeep a balanced supplyof water in the whole basin of the Dong Nai river system; cl To build consolidated systems to treat wastewater up to environmental standard in at least 70% of urban centers and 100% of indusmal perks, export processing zones andhi-tech par..; dI To collect more than 95% nf daily-life solid wasteand treat 1()()% of hazardous wasrr. eI To completea model of mobilizing the entire society's participation intheenvironmentaIprotection in the basinof the Dong Nai river system. fl To increase forestcoverage in the wholebasin to at least 50% of the total natural forest area, and basicallyregenerate depletedheadwaterforests; gl To reach unanimity and ensure close cooperation between localpeopleandadministrations in me environmental protecnon in the ba.Jtn of the Dong Nai river system. III, MAJOR TAS(ffi AND SOLUllONS I. Major tasks: alTo fully investigate, analyze and assess the actual stateof polluting sourcesin orderto obtainsufficient grounds for applying measures to prevent, treat, remedy and control environmental pollution in. thl;' basin of the Dong Nai river system; b1To review andappraise completedandon-going 42 OFFICIAL GAZETTE Issue nos 11-121November 2007 (GOng BaD nos 815-816/December 11, 2007) schemes and projects; to conductadditional surveys of the actual pollution of environmental elements caused by industrial, handicraft or agricultural production activities and daily-life activities ofurban inhabitants; cJ To strictly monitor, supervise and inspectthe observance of environmental protection regulations before and after the assessment uf ~11v ironrnerual impacts of investment projects. Tocompile a "black list" and a "green list" of production establishments in the basin of the Dong N ai river system; dI To regularly carry out the observation of the qualityof water of the Dong Nai riversystem; cI To thoroughly treat pollution, remedy and improve environmental conditions in seriously polluted areas, production establishments causing serious pollution and environmental hot spots: ~ Toc01TIplete thestricthandling ofestablishments causing sedous pollution in the basin according to the schedulesetforthinthePrime Minister's Decision No. 6412003/QD-TTg of April 22, 2003, approving the planon stricthandling of establishments causing serious environmental pollution; To tremriversections important to thesupplyof daily-life W..ater (forexample: DongNairiverin Hoa An area) seriously polluted tributaries such as Thi Vai river, Sai Gon river, canals ill inner cities and towns. etc ; to dredge and clear up fairways and embankimportantand strategic riversections; To P'~rvc and develop bio-diversity and, at thesame1!me, raise thequalityof theenvironment in thebasinof theDongNairiversystemforsustainable socio-economic development in the wholebasin: To restore and protect proteetive forests and headwater forests which have been depleted; to increase water sources, build waterretention works todeal with thewatershortage, balance watersources of theDong Nairiversystem, ensureadequate water volume andqualityforsocio-economic development in the basin; To protect natural landscape and eco environment in thebasinof theDongNairiversystem which characterize the Eastern South Vietnam and the southern keyeconomic region. fI To formulate, appraise, approve and organize the implementation of 16 keycomponentprojects of inter-branch and inter-regional nature under the schemeon environmental protectionin the basin of the DongNairiver 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 theDong Nairiver scheme; Elaborating the Regulation onprotectionof water resources in thebasin ofSaiGon and Dong Nai riVff'1; Setting up a general network for water quality observation for the provinces andcity in the basinof the DongNai riversystem: Developing adatabase onenvironmental quality in the basinof the DongNai river system; Preventing, curbing, treating and controlling environmental pollution and protecting the water environment of DongNai river; Protecting thewaterenvironmentofSaiGoo river for the supply of safedaily-life water andprotection of urban landscape; Devising measures toprotectthequality of water inDongNairiversections forthesupplyofsafedaily life water; Building and operating wastewater treatment stationsin urbancentersand residential areas in the basin of theDong Nairiver system; Making statistics on and classifying waste sourcesin thebasin of theDong Nai river system; Putting anend touncontrolled sandexploitation activities and preventing riverbank erosion and landslide in theDongNai river system; Protecting anddeveloping forests andincreasing theforestcoverage in thebasinof theDongNairiver system; Studying and proposing feasible measures to preservesubmerged forests and bio-diversity in the © VIETNAM lAW & lEGAL FORUM is&uB...nDs 11·12lNovember 2007 (C6ng Baa nos 815-8161December 11, 2007) OFFICIAL GAZETIE © VIETNAM LAW & LEGAL FORUM lower sections of the Drmg Nai river system; Elaboratingan environmentalplan for thebasin of the Dong Nai river system; Assessing strategic environmental impucta 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 lmd 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 componentprojects is estimated-at aroundVND1,938 billion to be raised from the following sources: local budgets, the central budget, investment capital of productionand businessenterprises in the basin and financial supports of other organizations and individuals at home andabroad. 2. Major solutions: a/ Enhancing the effectiveness and effect of the statemanagementof environmentalprotectionin the whole basin: To establish and operate as soon as possiblethe Committeefor Environmental Protection in theDong Nai river basin with a streamlined organizational apparatus to directandcoordinateconeemedbranches andlocalities for unifonnimplementation of theDong Nai river I>ChCIIlC, To step up theelaboration and promulgation of legal documents on environmentalprotectionin the river basin end, at the same time, organize the strict implementation of laws and regulations on management ofnatural resources andtheenvironment and sustainable developmentrelated 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 sY-l:tf":m; To intensify the elaboration,appraisal,approval and implementation of plannings and plans on environmental protection in the hasin of the Tlnne Nai river system; To accelerate the applicationof economic tools in rational exploitation and sustainable use and protectionof natural resources and the environment in the basin of the Dong Nai river system. To encourage theformation anddevelopmenl:ofemarket of counseling services of environmental and natural landscapeprotection in theriver basin. bl 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 dogradation in the river basin; Tointensify publicinformation on erwironrrental protection inthe basin among thepopulationinorder 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. cI Diversifying investmentsources fmm thestate budget (local and central budgets), enterprises, social communities, organizations and individuals athome and abroad and, at the same time, formulating mechanisms and policies to promote investment in theenvironmental protectionin thebasinof theDong Nai river system.under which: Enterprises, industrial parks, export processing zones and hi-tech parks operatingin the basin of the Dong Nai river system shall invest theirown capital in building works for treating waste before discharging it into the environment or treating pollution caused by their operations in strict • 44 OFFICIAL GAZETTE Issue nos 11-121November 2007 (GOng Bao nos 815-816/December 11, 2007) accordance with law. The State will considerprovision of partial funding supports for specificprojects; Thestate budget(1ocal andcentral budgets) shall invest in public-utility environmental protection projects; Environmental protection projects set forth in the Dong Nai river scheme will be given priority accessto concessional lcans andsupportcapitalfrom the Vietnam Environmental Protection Fundset up under the Prime Minister's Decision No. 82/20021 QD-TTgof June26, 2002. dI Expanding and enhancing bilateral and multilateral cooperation with foreign countries, ~wlioos aud iudi viduals su as tu wake 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: aI The Ministry of Natural Resources and Environrrent shall assume the prime responsibility for, and coordinate with presidents of People's Coremiuees of 12provinces and centrallyrun city in the basinof the Dong Nai river system (includingHo ali Minh Gty and Dong Nai., Dinh Duong, Binh Phuoc, Ba Ria- Vung Tau, LongAn,Tay Ninh, Lam Dong.Dak Lak, Dak Nang, Ninh Thuan and Binh Thuan provinces) in.directing.urgingandorganizing the implementation of this scheme, and annually summing up and reporting implementationresults to the Prime Minister. It shall propose to the Prime Minister for decision the establishment of the Committee forEnvironmentalProtectionin the Dong Nai river basin, which will be composed of repieseutad vcs of People's Committee lenders 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 LULU; bl 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; i-t 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 performanceof the tasks under the Doug Nai i i 111;;1 scheaue awl take pan 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: Closelycoordinatewithconcerned 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 implementationof theDong Nai river scheme in their respective provinces and inter-provincial regions. Article 2,-This Decision takes effect 15days after its publication in "CONG BAO." © VIETNAM LAW & LEGAL FORUM Issue nos 11·12JNovember 2007 (Gong Bao nos815-816/December 11, 2007) OFFICIAL GAZETTE 45 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. Forthe Prime Minister Deputy Prime Minister HOANG TRUNG HAl © VIETNAM LAW & LEGAL FORUM