Decision No. 57/2008/QD-TTg approving the overall scheme on environmental protection of the Nhue-Day river basin up to 2020

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OFFICIAL GAZETTE Issue nos 03-04IMi:lY 2005 (GOng Bao nos 263-264/May 11, 2ilJ8) THE PRIME MINISTER DECISION No.57/2008IQD-TTg OF APRIL 29, 2008, APPROVING THE OVERALL SCHEME ON ENVIRONMENTAL PROTECTIONOF'I1IENHUE-DAYRIVER BASINUP TO 2010 TIlE PRIME MINISTER Pursuant to the December 25, 2001 Law on Organization ofthe Government; Pursuant to the November 29, 2005 Law on Environmental Protection; Pursuantto thePrimeMinister sDecision.No. 256/2003/QD-TTg of December 2, 2003. approving thenational strcaegv onenvironmental protection upto2010 and orientations to2020; At the proposal of the president of Hanoi municipal People s Committee and opinions of the Peoples Committees affive provinces in the Nhue-Day river basin (Ha Tay, Ha Nam, Ninh Sinh, Nom Dinh and Hoa Binh) and concerned minutnes and branches, DECIDES: Article 1.- To approve the overall scheme on environmental protection of the Nhue-Day river basin up to 2020 (below referred to as Nhue-Day ILVIVI scheme [VI slunt) with the Iullowiug principal contents: I. Guiding viewpoints 1. Tackling pollution and protecting the environmentofthe Nhue-Day river basin is a major inter-regional and inter-branch issue and the task of five provinces and one city in the basin, and requires close direction and investment support from the Government, ministries and branches as wen as the determination of local party cells, administrations and people in the entire basin. 2. The Nhue-Day river environment must be protectedin the entire basin in a comprehensive. coordinated and uniform manner in close association with protecting water source reserves and qualityof the rivers. 3. Prevention and stoppage of environmental pollution and degradation is the essential task to be associated with gradual andeffective handling and remedy of polluted hotspots in the. basin in different fonns with feasible and appropriate solutions. 4. Priority is given to the integration and association of the implementation of the scheme on environmental protection ofNhue-Day rivers © VIETNAM LAW& LEGAL FORUM Issue nO$ 03..Q4IMay 2008 (C6ngBaa nos 26J.264MflY 1,. PmR) OFFICIAL GAZETTE 19 with other relevant programs and projects of ministries,branchesandeach localityin the basin. 5. All resources of localities in the basin will be mobilized to the utmost in combination with reasonable central supports for environmental protection of tne basin; investment resources ot enterprises, organizations, individuals and mremanonal aid will be mobilized and attracted for the basin's environmental protection, 6. Newly built production establishments in the basin must apply clean and environmentally friendly technologies causing- Jess pollution, Wastes of production establishments, industrial parks and export-processing zones in the basin must be treated up to environmental standards betore beingdischarged IOta the environment. II. General orientations and specific targets 1. General orientations to 2020: alTo limitandreduceenvironmentalpollution and degradation of the Nhue-Day river basin; to step by step tackle pollution, improve the water and environmentquality oftherivers, createstablewater flows and safelyandsustainably protect irrigation works; b/ To formulate and complete uniform mechanisms and policies in order to reasonably exploit, economicallyuse andprotectwatersources and theenvironment of the Nhue-Dayriver basin; to adoptanappropriateenvironmentalmanagement model forthebasinfor sustainable exploitation and use, maintenance of water cource balance, protection of the environment and ecological sceneries whileeffectivelymeeting socio-economic developmentrequirements in the entire basin. 2. Specific targets to2010: aJ To formulate uniform, necessary and appropriate mechanisms and policies on environmental management in order to create a © VIETNAM l legal framework and favorable conditions for environmental protection activities andsustainable exploitation of waerresceces inthe lxi.5in; toboost socialization ofenvironmental protection activities in thebasin; bJ To elaborateplanningsonenvironment, and management and use of water resources and irrigation systems,andunifytheplanon environ rncnml protectionof theNhuc-Dey riverbasin; cl To promptly stop and strictly handle violations, suchas dischargeof garbage'and waste rnarenals nnrRtpt'mliltP(l [l1~ RnnnlfT("Ia("hrnt:'nt uponof therivers,inorder to stabilize waterflows suitable to the law of nature and irrigation work systems along the river banks. To step by step regulate and clear up river flows and rationally concrete thebanks of essential river sections; d!To formulate and implement a scheme to balanceand supplementwater from theRed river through Lien Mac sluice, to save water and fully meet water use demands of the basin while reducing pollution, especially during dry season months.To study a scheme to improveandbuild reservoirsand irrigationwork systemsinorder to reduce floods in the rainy season and increase water reserves in the dry season; el To build and put into use the natural resources-environmentobservationanddatabase systemstor prompt inrorntanon sharing between the localities in the basin: f/ To continue thoroughly handling seriously polluting estaulisluueuu, in lIu: basin uudet lilt; Prime Minister's Decision No. 64!2003/QD-TIg of April 22, 2003. To create an initial positive changein theenvironment quality of thebasin.step by step \imitandreduce thecontarnination increase levelof water sourcesofNhue-Dayrivers; gllOO% of newly built production establish ments must have pollution reduction equipment W& LEGAL fORUM 20 OFFICIAL GAZETTE Issue nos 03.Q4/May 2008 (Cong BaD nos 263·2641May 11, 20(8) andtreatwastes up to environmental standards, To encourageproductionestablishments toapplyclean and environmentally friendlytechnologies; hJ Production and business establishments operating in the Nhue-Day river basin must build waste treatment systems meeting envtronmerual standards. 40% of urban centers and 70% of industrial parks and export-processing zones in the hasin will have central wastewater treatment systems meeting environmental standards; 50% of operating production and business establishments will obtainISO 140)1certificates. 90% of solid wastes from daily life, industrial production and services will be collected; over 60% of hazardous wastesand 100%of hospital wastes will be treated; 95% of urb'.lll inhabitartts will use clean water and 85% of rural inhabitants will use hygienic water; i/ AlI urban centers will strive to have daily life and industrial wastewater treatment systems to treat 40% of wastewater up to environmental standards, especially wastewater of Hanoi; j/To limit the use of toxic chemicals and plant protection substances in agricultural production and replace them with safe integrated pest management meurods which nave 110 adverse impacts on people's health and quality of thesoil and water environment of Nhue-Day rivers. 3. Specific targets for the 2011-2015 period: aJ To complete the handling of seriously polluting establishments under the Prime Minister's Decision No. 6412003/QD-TTg of April 22, 2003, and other newly emerging seriously polluting establishments: hi To prevent and control the degradation of water Sources, to implement schemes to reduce pollution in some seriously contaminated river sections and areas with feasible solutions suitable to resources uf five provinces and cue city lnthc basin, especially river sections running through urban areas; clTo conserve the nature and biodiversity and the ecological system of forests. To complete the study, review and evaluation of biodiversity H:::'>UUll-CS aud iU1l-llUVI: llit: master plan on the biodiversity protection zone system, to increase funds for the management of national parks and expansion of reserves and decentralize their management to each province and district by 20 15; d/ To promulgate policies and regulations on saving and rational use of water resources. To apply scientific and technological solutions and carry out appropriate crop restructuring in order to save water resources and balance water use between the uppcr-, middle- and lower-stream areas; e160% of urban centers and 90%of industrial parks and export-processing zones: in the basin will have central wastewater treatment systems meeting environmental standards; flTo increase comprehensive socialization of environmental protection activities in the Nhue Day river basin. To strive that the society willmake contributions to collecting, transporting and treatmg JU% ot datly-hte solrd wastes; supplying 5% of clean water for urban inhabitants; and treating 10%of daily-life wastewater. 4. Targets for the 2016-2020 period: af To tackle pollution and restore the original beautiful, clean and green envirornnent of Nhue and Day riven: and their ha<;in; to increase investment in upgrading works in association with rational exploitation and economical use of water sources and sustainable development forthe entire basin. To ensure that the quality of the basin's surface water sources meet Vietnam's standards for column A applicable to surface water to be used for Wolter supply; e VIETNAM LAW & LEGAL FORUM Issue nos 030041May 2008 (GOng Baonos 263-2641MIlY 1" 2(08) OFFICIAL GAZETTE 21 bl To conserve water resources, to ensure sufficient water and stable flows for the main nvers, well protectexistingreservoirs such as Suoi Hai, Dong Mo and Ngai Son, and build new reservoirs in order to reserve water, reduce floods and improve the basin's ecological environment; cl To basically complete the construction of water supply systems and separate drainage systems for rainwater and wastewater; 80% ofurbancenters and 100% ofindusnial parks andexport-proccssing zones will have central wastewater treatment systems meeting environmental standards; 80% of operatmg production and business establishments will obtain ISO 14001 certificates; d/To collect 100% ofsolid wastes from urban daily life, im.lu:)u ial VIUU.Ul.<UUII and services; (0 treat 100% of hazardous wastes and fonn and develop the waste recycle industry, to strive that 30% ofcollected wastes will he recycled; ell00% of urban and 95% ofrural inhabitants will use clean water; f/Tocomplete thedatabaseon the basin's natural resources and environment, to unify the management ofenvironmental observation station systems ofbranch and local levels under the master plan on the national network of natural resources and environmental observation, ensuring effective forecast, prevention and control ofnatural disasters and floods, and flood diversion; g/To increase the forest coverage rate, especially in upstream provinces, to build agro-forestry areas along the river banks upstream in order to develop economy for inhabitants in association with plantation of water-preserving trees and restoration ofdegraded watershed forests. III. 'Major tasks 1. To reduce and control the environmental pollution increase level of the Nhuc-Dcy river © VIETNAM LAW basin: a/ To conduct additional surveys on. fully evaluate the state of and clarify reasons for and major sources of discharge from industrial, handicraft and agricultural production, economic, business, service and urbanization activities causing contamination of water sources and environmental pollution in the basin; to assess environmental pollution impacts on the health of inhabitants in the basin; to forecast diseases and project health indicators and solutions to monitor diseases in the entire Nhue-Day river basin; bl To increase measures to complete the handling of remaining seriously polluting establishments under thePrime Minister's Decision No. 64/2003/QD-Tl'g of Apnll1, 2UU3. To scrutinize, conduct additional surveys on and take measures to prevent and handle newly emerging v-rionsly polluting establishments, with priority given to the handling ofestablishmentsdischarging wastewater directly into Nhue and Day rivers; cl To formulate plans to absolutely tackle environmental pollution in craft villages in the Nhue-Dayriver basin; d/ To proactively increase control of wastes discharged from plants, entetprises, craft villages, healthcare establislunents and service establish ments in localities. To take coercive measures against scrioualy polluting production and business establishments failing to tackle and reduce pollution. 2. To conserve and protect the natural environment and biodiversity of the Nhue-Day liver basin: a/ To elaborate a master plan on environmental protection of the.Nhue-Day river basin up to 2020 with a view to harmonizing interests of five provinces and one city in the basin, covering the fulluwiug VI urcipal contents: pranrung on systems LEGAL FORUM 22 OFFICIAL GAZETTE Issue nos 03-04lMay 2008 (Gong BaD nos 263-264/May 11,2008) of irrigationworks,waterbalanceand surfaceand ground water exploitation works; planning on systemsof waterdrainageandcentralwastewater treatment for industrial parks, urban centers and residentialareas;planning on systemsoflandfills for industrial and daily life solid wastes and hazardous and hospital wastes; hi To invest in upgrading and completing the system ofirrigation works in the basin in order to stably maintainwater balance, especiallyduring dry season months; d To conserve biodiversity and protect the environment and natural views in the basin; dJ To increase forestation and zone off for forestation and forestprotection, especially inforest and mountainous areas with water screams, in association withtakingmethods to preservewater and balance water sources. To guide people in cultivation and efficient 1lSP. offorestland lI)lS.1Tf>J1m withpriority given to areas on the riverbanks. 3.Totreatandimproveseriouslycontaminated river sectionsand areas: aJ To formulate schemes to redress pollution in seriously contaminatedriversectionsandareas, to upgradeandbuild separaterainwater and daily lifewastewater drainagesystemsfor urbancenters and residentialareas; bl To implement investment projects on building-daily life wastewater treatment works meeting environmentalstandards in urbanareas; dTo upgrade irrigationworks, sewers andpump stations. To dredge important riVl"r <;t>rtlon~,Pmhmk essential river sections and step by step regulate waterflows in order to ensure their stability. 4. To raise the capacity of organizing, managing and protecting the Nhue-Day river basin's environment: aI To complete the construction of and effectively and efficiently operate the basin environment management system; bl To formulate and complete mechanisms, policies and guiding documents in order to rationally exploit, economically use and effectivelyprotectwatersources, theenvironment and natural views of the basin, cl To operate irrigation work systems in combination with systems of other works on the basis of inter regional and inter-branch coordination; to supply clean waterfor daily li fe, agricultural production andfisheries development in a harmonized manner; d/To increasethecapacity ofnaturalresources environment management of five provinces and one city in the basin, includinginvestment in the environmental observationnetworkandformation of a data bank on the basin's natural resources and environment; eIToraise to theutmostinternational resources of techniques, technologies, experience and finance for the effectiveprotection of the basin's environment, 5.Tobuildcleanwatersupplysystemsinsome urban and rural areas in the basin: To formulate, appra i se , ~pprnve and implement investment projects on construction of clean water supply works in some urban and rural areas in the basin. IV. Prioritized projects on enviromnental protection of the basin 1. To formulate, appraise, approve and effectively implement12prioritizedinter-regional and inter-branch projects on environmental protection of the basin under the Nhue-Day river scheme,specificallyas follows: Group 1: To reduce and control the environmental pollution increase level of the Nhue-Day nver basm: @ VIETNAM LAW & LEGAL FORUM Issue nos O3-04JMay 2008 (C6ng Sa.o nos 263-264/May 11, 2008) OFFICIAL GAZETTE 23 To investigate into and inventory waste sources and the sWW,'; vf <IIul impacts UII Lilt: environment of the entire Nhue-Day river basin; To completely and absolutely handle seriously polluting establishments in the Nhue Day river basin under the Prime Minister's DecisionNo. 6412003/QD-TIg ofApril22,2003; Toelaborate a masterplan on waterresource use and management, and environmental protectionofthe Nhue-Day riverbasinup to20IS and orientations to 2020. Group 2:To conserve and protect the natural environment and biodiversity of the Nhue-Day river basin: An investmentprojectto implementa number of schemesto improve,dredge,supplementwater and improve water quality, of rivers, canals and ditches in the Nhue Day river basin; An investmentproject to implementschemes torestore the naturaland ecologicalenvironment of the Nhue-Day river basi n. Group 3: To remedy and improve seriously contaminated river sections and areas: An investment project on wastewater treatment works of urban centers and industrial parks in theprovinces andcity in the basin under the approved master plan; An investment project on solid waste treatment works in the provinces and city in the basin under the approved master plan; Group 4: To raise the organization and management capacity for environmental protection of the Nhue-Day river basin: A schemeon inter-branch and inua-pruvlucial coordination in operating the systemof works in the basin in order to reduce and control contaminationof the waterenvironmentof'Nhue Dayrivers; Aproject to raise the community's capacity of envirournerual mallagemelll, iuspcctiou, examination and supervision, and development ofenvironmental protectionactivitiesin theentire Nhue-Day river basin; To elaborate a master plan on the natural resources-environment observation network, to invest in building the capacity of the environmental observation and analysis system in the Nhue-Day river basin; An investment project to build a center for database on natural resources and environment of the Nhue-Day river basin, Group 5: Tobuildclean water supply systems jJJ :>VUl\:: urban and rural IDeal) in the basin. An investment project to build clean water supply works. 2. The total fund for the implementation of 12 prioritizedcomponentprojects on environmental protectionof thebasin under the Nhue-Day river schemeis estimatedat aroundVND3,'335 billion (three thousand, three hundred and thirty five billion) toberaisedfrom centralandlocalbudgets, the Vietnam Environmental Protection Fund, in vesurre [It (;~pj{al uf t:lItt:rpl jse eagaged j n production, businessand service activities in the basin, non-refundable aid, concessieaai credit loans and supports and funds of domestic and overseas organizationsand individuals. Specificfunds foreachprioritizedcomponent project under the Nhue-Day river scheme shall be examined and approved by competent authoritiesaccording to current Jaw. V. Implementation solutions 1. To increaseeducation and propagation and raise awareness and responsibilities of the community. administrations at all levels. mass organizations, enterprises, organizations and LAW & LEGAL FORUM 24 OFFICIAL GAZETTE Issue nos 03-04IMay 2008 (Gong Bao nos 263-264/May 11, ')()(lB) individuals inprotecting thebasin's envirornnent. 2. To closely associate and incorporate requirements on protection of the environment, water sources and natural views of the basin into the formulation, appraisal, approval and implementation of strategies, master plans and plans on socio-economic development of five provinces and one city in the basin. 3. ToiIlCfCdSC the effectiveness and efficiency of state managementof environmentalprotection in the entire basin: alTo establish ~mcl pru into operation soon the Committee for environmental protection of the Nhue-Dayriverbasinwithamanageable,effective and efficient apparatus in order to direct and coordinate branches and regions in uniformly implementing contents of the overall scheme on environmental protection of the Nhue-Day river basin, bI To effectively implement the State's legal documents on environmental protection. To inrTP.:l\d": thP. leadership and direr-nrm hy alllevelc and branches and build the capacity of the state management system in charge ofprotection of the environment and natural views and sustainable exploitation of the basin; cI To increase regular and irregular inspection and examination of production and business t::si.ablislp'.-.IL:s, to promptly Ut:lOCl tIJUM: failing Lu comply with environmental protection regulations and breaching commitments specified in their reports on environmental impact assessment and written commitmentson environmental protection, to strictly handle violations according to law, 4. To increase and diversify investment resources from the state budget and domestic and overseas enterprises, communities, organizations and individuals; to increase the socialization of avti viuee in protecting lilt; cuvhoruncm and natural views afthe entire basin: aJ To ensure sufficient and annually increase the level of central and local state budget funds for environment-related activities; to diversify investment resources and develop self management models and urban and rural environmental sanitation services for effective protection of the basin's environment; bl To prioritize: atatc budget funds for investment in building treatment systems for urban daily life wastewater, hospital wastes and wastewater, initially for Hanoi and Ha Tay and Ha Nam provinces; cI Pending the availabilityof enough investment resources for treatment on a wide scale, to zone off polluted areas for internal and complete treatment to prevent wide dispersion of waste sources; dI To determine that protecting the basin's envtronmenr Is (he responstbilny of pnxlucdon, business and service establishments having polluting wastes. All enterprises operating in the hastn must nee- their nwn funds 10 rackle environmental pol1ution and degradation caused by their production, business and service activities. eJTo prioritize concessionalloans and capital supported or financed by the Vietnam Environmental Protection Fund for component projects on environmental protection under the overall scheme un euvhcruuental protection uf the Nhue-Day river basin to 2020. 5. To increase scientific research into and technological application to the. protp.ctinn nf the basin's environment and water sources; to encourage thequick intrexluctionof new technical, scientific and technological advances, clean and environment-friendly production technologies and appropriate advanced waste treatment technologies into environmental protection activities in the Nhuc-Day river basin. © VIETNAM LAW & LEGAL FORUM Issue nos 03-04IMay 2008 (GOng Bdo nee263-2641May 11, 2(08) OFFICIAL GAZETTE 25 6. To promote bilateral and multilateral cooperation with countries. international organizations, non-governmental organizationsand other foreign organizations and individuals to make use of their capital. technologies and experience andartracr investment in environmental protection of the Nhue-Day river basin. VI. Organization of implementation 1. Responsibilities of ministries and central branches: aJ The Ministry of Natural Resources and Environmentshall: Assume the prime responsibility for. and coordinate with presidents of the People's CommiITees of five provinces and onecentrally run city in the Nhue-Day river basin (consisting ofHanoi, HaTay, Hoa Binh, Nam Dinh, HaNam ~lTIrl Ni nh Hinh) in, t:lirf'.f'.ting, urging and organizing the implementation ofthis scheme, and annually review and report implementation results to the Prime Minister; Propose to the Prime Minister the establislunent of the Committee for environmental protection of the Nhue-Day river basin. which is composed of represenranves of me people'S Committeesoffive provinces and one centrally run cityin the basin, theMinistriesofNatural Resources and Environment Finance: and Planning and Investment, and other concerned ministries and branches, for inter-branch and inter-regional coordination in uniformly and effectively imple menting contents of the Nhue-Day river scheme; bl The Ministry of Planning and Investment shall assume the prime responsibility for, and rcacir agreemcrn wi(fl die l'vfiIU,!;lfY ufFiIJillJl":<: OJ/, balancing and allocating state budget funds and other funding sources on an annual and five-year basis for the effective and timely implementation of the tasks and prioritized component schemes e VIETNAM LA and projects under the Nhue-Day river scheme; cI The Ministries of Agriculture and Runt! Development; Industry and Trade; Construction; Transport; Health; and Science and Technology, and concerned ministries and branches shall, within their functions, tasks and stare management scopes. formulate mechanisms and policies concerning the performance of tasks under the N1JUt:-Day livel ~dll:aut: aud uuplerueut lids scheme as assigned by competent authorities. 2. Presidents of the People's Committees of five provinces and one city in the Nhue-Day river basin (Hanoi. Ha Tay, RooBinh, Nam.Dinh, Ha Nam and Ninh Binh) shall: Coordinate on an inter-regional and inter branch basis in directing the uniform, effective and timely implementation of contents of the Nhue-Day river scheme; Proactively promote their internaIresources and mobilize to the utmost resources of their localities for the implementation of the Nhue-Day river scheme; Direct provincial Services, Departments, branches and administrations at lower levels in effectively implementing the contents of the Nhue-Day river scheme in their own localities and inter-provincial areas. Article 1.• This Decision takes effect 15 days after its publication in "CONG BAO." Ministers, heads ofmini sterial-Ievel agencies. head" of govemment-arrached agew-ies. and presi-dents of the People's Committees ofHanoi city andHaTay, Hoa Binh, Nam Dinh, Ha Nam and Ninh Binh provinces shall implement this Decision. For the Prime Minister nppuJy Pnmp Mi"i~tpr HOANG TRUNG HAl & LEGAL FORUM